Roll No………………… | |
Time allowed : 3 hours | Maximum marks : 100 |
Total number of questions : 7 | Total number of printed pages : 4 |
NOTE :Answer SIX questions including Question Nos.1 and 7 which are compulsory. |
1. | With reference to the relevant legal enactments, write short notes on any five of the following:
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(3 marks each) | ||||||||||
2. | (a) | Do the following amount to anti-competitive agreements? Give reasons in support of your answer:
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(2 marks each) | ||||||||||
(b) | What environmental clearances are required to be obtained for setting-up an industrial project or expanding and modernising existing projects? |
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(4 marks) | ||||||||||
(c) | How is the value of plant and machinery calculated for the purposes of small-scale and ancillary industrial undertakings under the Industries (Development and Regulation) Act, 1951? |
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(3 marks) |
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: 2 :
3. | (a) | With reference to the relevant provisions of the Foreign Exchange Management Act, 1999, advise on the following:
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(2 marks each) | ||||||||||||
(b) | How would you deal with (i) transfer of securities by a person resident outside India to a person resident in India; and (ii) purchase of shares by a person resident outside India? |
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(4 marks) | ||||||||||||
(c) | Gurukul Vidyarthi Manch, a body formed for the purposes of imbibing patriotism and character-building among students, receives a grant of £1,500 from Struarts, a British philanthropist. Does it violate the provisions of the Foreign Contribution (Regulation) Act, 1976? |
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(3 marks) | ||||||||||||
4. | (a) | What is meant by 'intellectual property'? Mention various kinds of intellectual property and the laws governing intellectual property rights in India. |
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(5 marks) | ||||||||||||
(b) | Do the following acts constitute infringement of copyright? Give brief reasons in support of your answer:
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(1 mark each) | ||||||||||||
(c) | What are the acts which are not considered as infringement of a patent as per the Patents Act, 1970? |
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(5 marks) |
12/2005/ELIL | Contind... |
227
: 3 :
5. | (a) | Good Health Ltd., an Indian insurance company, did not settle a medical claim of Rs.2 lakh of Mohan towards open heart surgery on the ground that the assured (Mohan) had not disclosed material facts, viz., hypertension and angina, at the time of submitting his proposal form. Mohan pleaded with the insurance company that there was no suppression of material facts and it is the insurer who has to prove material suppression; but did not succeed in his repeated pleas. Will Mohan succeed if he makes a complaint for the non-payment of medical claim under the Consumer Protection Act, 1986? Give reasons in support of your answer. |
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(5 marks) | ||||||||
(b) | What are the heads under which compensation for damages may be claimed under the National Environment Tribunal Act, 1995? |
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(5 marks) | ||||||||
(c) | Mention the provisions of the Trade Marks Act, 1999 relating to registered users of trade marks. |
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(5 marks) | ||||||||
6. | (a) | Discuss the restrictions on the discharge of sewage and trade effluents under the provisions of the Water (Prevention and Control of Pollution) Act, 1974. |
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(5 marks) | ||||||||
(b) | Prudent Investments Ltd. was celebrating silver jubilee of its operations and in this connection sent invitations by post to 250 top businessmen for a special dinner at a 5-Star Hotel. Due to delay in delivery and/or non-delivery of invitation cards by the postal authorities, only 100 invitees attended the dinner. Advise the company whether it can make a complaint for compensation to the Consumer Disputes Redressal Forum against the postal authorities for deficiency in service. |
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(5 marks) | ||||||||
(c) | Explain the general powers of the Central Government for protecting and improving the quality of the environment and for preventing, controlling and abating environmental pollution under the Environment (Protection) Act, 1986. |
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(5 marks) | ||||||||
7. | (a) | Discuss any two of the following:
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(5 marks each) |
12/2005/ECIL | Contind... |
227
: 4 :
(b) | Attempt any five of the following stating the relevant legal provisions and case law, if any:
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(3 marks each) |
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12/2005/ECIL |