This Paper has 29 answerable questions with 0 answered.
| Roll No………… | |
| Time allowed : 3 hours | Maximum marks : 100 |
| Total number of questions : 8 | Total number of printed pages : 3 |
| PART—A |
| Answer Questions No.1 which is compulsory and any two of the rest from this part |
| Marks |
| 1. | (a) | Can a complainant be directed to approach civil court if there is delay in disposal of complaint by the consumer forums ? Comment in the light of decided case. | 5each | (0) |
| | (b) | Does the Monopolies and Restrictive Trade Practices Commission have territorial jurisdiction to interfere merely on informatio n that there is a cartel alleged to have been formed outside India? Comment in the light of decided case law. | | (0) |
| | (c) | A cement manufacturing company registered under the Industries (Development and Regulation) Act, 1951 was required to pay levy under cement control order to Government @ Rs.9 per ton on production of non–levy cement. This levy was later withdrawn. The association of cement manufacturers claimed refund of the same stating that the nature of levy was without authorisation of parent law under section 18G of the said Act and claimed that as unjust enrichment. Decide the case. | | (0) |
| | (d) | Write a note to your chief executive officer (CEO) on formalities to be complied with for entering into foreign technology agreement. | | (0) |
| 2. | (a) | Briefly state the heads under which compensation for damagees may be claimed under the National Environment Tribunal Act, 1995. | 7 | (0) |
| | (b) | Briefly describe the procedure for holding enquiry by the adjudicating authorities in respect of contravention under the Foreign Exchange Management Act, 1999 and also the various stages of appeals as provided under the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000. | 8 | (0) |
| 3. | (a) | Explain the following in the context of the Competition Act, 2002 : Write a note on ’highway concession agreement’. | 5 | (0) |
| | (b) | Write notes on the following : | 2each | |
| | | (i) | Tie–in arrangement; | | (0) |
| | | (ii) | Exclusive supply agreement; | | (0) |
| | | (iii) | Exclusive distribution agreement; | | (0) |
| | | (iv) | Refusal to deal; | | (0) |
| | | (v) | Resale price maintenance. | | (0) |
| 4. | (a) | Write notes on | 4each | |
| | | (i) | Public liability insurance. | | (0) |
| | | (ii) | Major Ports Trusts Act, 1963 (as amended). | | (0) |
| | (b) | Prepare a detailed note on the procedures to be followed for the export of goods and services out of India. | 7 | (0) |
| PART—B |
| Answer Questions No.5 which is compulsory and any two of the rest from this part |
| 5. | (a) | The order of Chief Justice under section 11 of the Arbitration and Conciliation Act, 1996 nominating an arbitral tribunal is not an adjudicatory order and that cannot properly be made the subject matter of a petition for special leave to appeal under Article 136.Comment with reference to decided . case law: | 5 | (0) |
| | (b) | Write notes on the following: | 4 | |
| | | (i) | Deed of gift for love and affection. | | (0) |
| | | (ii) | Testimonium clause in a deed. | | (0) |
| | (c) | (i) | Distinguish between ‘lease’ and ‘licence’. | 3 | (0) |
| | | (ii) | Briefly state the requisition of registration and stamping for lease and license. | 3 | (0) |
| 6. | (a) | (i) | Distinguish ‘pledge’, ‘mortgage’, and ‘hypothecation’. | 3each | (0) |
| | | (ii) | Draft memorandum of mortgage by ‘deposit of title deeds’. | | (0) |
| | (b) | Draft a specimen ‘arbitration clause’. | 2 | (0) |
| | (c) | X, son of B, aged 30 years, residing at Mahim, Mumbai and Y, son of A, aged 40 years, residing at Dadar, Mumbai, mutually agree to enter into partnership to set up a new business for sale of readymade apparels under the name and style of EXY Apparels at Ambedkar Road, Parel, Mumbai. The capital of the partnership is Rs.5 lakh to be provided by the partners in equal proportion. Draft a suitable deed of partnership between X and Y incorporating the necessary clauses relating to partnership at will. | 7 | (0) |
| 7. | (a) | Define ’general power of attorney’. Draft a specimen general power of attorney on behalf of a company. | 8 | (0) |
| | (b) | What is a ’trade mark’ ? Explain in brief legal provisions governing assignment of trade mark. | 7 | (0) |
| 8. | (a) | Draft a specimen ’suspension order’ that may be issued by the ’appointing authority’ to an employee on whom disciplinary action is contemplated for misconduct. | 5 | (0) |
| | (b) | "In the absence of retail outlets for sale of diesel in rural areas, farmers faced hardship in carrying out agricultural operations. The State Government granted licence to small dealers in rural areas to vend diesel. Pursuant to that decision Government framed executive order to direct that no licence for retail sale of diesel shall be renewed if place of business of such licence fell within a radius of 5 kms. of Government run retail outlets. Although the order did not provide for refusal to renew the license granted under the statutory order, yet the licensing officer concerned informed a particular licensee that since his retail outlet fell within the radius of 5 kms. limit, his licence to vend the oil could not be renewed." Interpret the executive order in the light of decided case law. | 5 | (0) |
| | (c) | Draft a specimen deed modifying terms of lease. | 5 | (0) |
