| 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 | |||
| 1. | (a) | Excellent Publications Pvt. Ltd. signed a contract with Modern Papers Ltd. for supply of paper for the publication of a magazine. Excellent Publications Pvt. Ltd. alleged before the MRTP Commission that they were supplied sub-standard paper and that the paper supplied was different from the sample shown before the contract was signed. And, therefore, this breach of contract amounted to unfair trade practice. Discuss and decide. |
| (5 marks) | ||
| (b) | Tough and Hard Ltd., a cement manufacturing company, has appointed various stockists.The agreement appointing the stockists contained a clause that the stockist should not deal in the cement manufactured by any other company. An enquiry was instituted on the ground that the said clause is restrictive and is prejudicial to public interest. The company feels that such a restriction is reasonable in view of the nature of the product manufactured by it. Advise the company. |
|
| (5 marks) | ||
| (c) | A private limited company registered in India in software development has two shareholders each holding 50 equity shares of Rs.1,000 each.One of these shareholders is a non-resident Indian. An overseas corporate body based in Canada wants to acquire this Indian company by investing Rs.8 lakh by way of equity participation. The present authorised share capital of the Indian company is Rs.10 lakh. The two existing shareholders also want to transfer their shares to the overseas corporate body, thus making it a 100% subsidiary of a foreign company.State the procedure to be followed by the Indian company under the Foreign Exchange Management Act, 1999 and the regulations issued by the Reserve Bank of India. |
|
| (5 marks) | ||
| (d) | Madhav comes across an utterly polluted water in a river flowing by the side of a town. People use the said water for drinking. Pollution is due to leakage of hazardous chemicals from the factory of Naive Chemicals Ltd. Advise Madhav on procedural steps to attain the objective of wholesome drinking water. |
|
| (5 marks) | ||
| 2. | (a) | Explain the procedure for setting up of a small scale undertaking. |
| (8 marks) | ||
| (b) | Draft the procedure relating to payment of dividend/interest to non-residents. | |
| (7 marks) | ||
| 2/2003/SPRELDC | P.T.O |
( 2 )
332 |
| 3. | (a) | Discuss the powers of the Competition Commission of India (CCI) and the Director General of CCI. |
| (8 marks) | ||
| (b) | State the procedure relating to appearance before the MRTP Commission. | |
| (7 marks) | ||
| 4. | (a) | Outline the measures taken by the government to encourage the entry of private participants and to facilitate their operation in various sectors of economy in building up of infrastructure. |
| (10 marks) | ||
| (b) | Describe the hierarchy of consumer redressal system and their respective jurisdictions under the Consumer Protection Act, 1986. |
|
| (5 marks) | ||
| PART—B | ||
| Answer Questions No.5 which is compulsory. and any two of the rest from this part | ||
| 5. | (a) | Draft a specimen agreement of sale of a house property. |
| (10 marks) | ||
| (b) | Define ‘affidavit’. What rules and guiding principles should be followed while drawing up an affidavit? | |
| (10 marks) | ||
| (c) | Describe the term ‘award’. Suggest a specimen form thereof. | |
| (5 marks) | ||
| 2/2003/SPRELDC | Contind... |
( 3 )
332 |
| 6. | (a) | Outline the essentials of a ‘contract of sale’. |
| (4 marks) | ||
| (b) | Draft a model arbitration clause in a domestic contract. | |
| (4 marks) | ||
| (c) | What are the essential features of ‘hire-purchase’ ? Draft five relevant clauses of hire-purchase agreement of a truck. |
|
| (7 marks) | ||
| 7. | (a) | Define the terms ‘trust’, ‘trustee’, ‘settler’, ‘beneficiary’ and ‘trust property’. |
| (8 marks) | ||
| (b) | What is a ‘trade mark’ ? Discuss in brief the provisions governing the assignment of trade marks. | |
| (7 marks) | ||
| 8. | (a) | Draft a partnership deed. Assume facts. |
| (7 marks) | ||
| (b) | Draft a special power of attorney to be filed with the Registrar of Companies at the time of incorporation of a company. |
|
| (4 marks) | ||
| (c) | Draw a deed of gift for love and affection. Assume facts | |
| (4 marks) | ||
| __________ | ||
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