CS Inter :: Economic, Labour and Industrial Laws : December 2003

With reference to the relevant legal enactments, write notes on any five of the following :

(i)	Tie-up arrangements
(ii)	Repatriation of sale proceeds
(iii)	Powers of the Central Government to revoke registration of an industrial undertaking
(iv)	Money laundering
(v)	Surrender of patents
(vi)	Control of noise pollution.

How is the value of plant and machinery including the imported machinery calculated ? State briefly the items to be excluded in calculating the value of plant and machinery for an ancillary industrial undertaking.

On the basis of facts mentioned below, state whether the following amount to restrictive trade practices or unfair trade practices. Refer to relevant case law in support of your answer :

(i)	A firm of builders widely advertised for the sale of plots of land claiming that all urban facilities are available and inviting prospective buyers to visit the plots on Wednesdays and Fridays whereas the builders did not actually own any piece of land.
(ii)	Mrs. Swapna made an application for allotment of 200 equity shares in a limited company in response to the public issue made by the company. However, she neither got any allotment of shares nor the refund of the application money. A number of reminders were sent to the company which remained unattended.

With reference to the relevant provisions of the Foreign Exchange Management Act, 1999, advise on the following :

(i)	A request has been received from a shareholder informing that she has shifted from Mumbai to London and that her latter address is to be recorded in the Register of Members maintained by the company.
(ii)	A non-resident shareholder of an Indian company wants to transfer his shares to another non-resident.
(iii)	Jsmile Bank Ltd., a banking company registered in Bangladesh, wants to establish a branch office in Kolkata.
(iv)	Sonali, a resident outside India, wants to transfer some of her foreign securities to Sadhna, who is a person resident in India.

A society engaged in educational programme for imparting knowledge of political nature has been offered foreign contribution by an NRI association in U.K. State with reasons whether the society can accept the offer under the Foreign Contribution (Regulation) Act, 1976.

Your client wants to know whether he can register ‘Darjeeling’ as a trade mark on soaps manufactured by him. Advise.

Manchanda, a publisher, wants to obtain a license to translate and publish a literary work and seeks your advice about the relevant provisions of the Copyright Act, 1957. Advise.

State the rights of co-owners under the Patents Act, 1970. Can a co-owner assign his rights on the patent ?

With reference to the provisions of the Consumer Protection Act, 1986, decide the following giving reasons in support of your answer :

Rosy made a deposit of Rs.5 lakh with a co-operative housing society for the purchase of a flat to be built by it at a given site on the commitment to deliver completed flat in two years’ time. On expiry of this period, the society offered her the option of money back without interest or booking of a flat of the same size on another plot situated at a distance of 2 Kms. The reason given for the fresh offer was some litigation on the title of the land which had hampered the progress of construction. She demanded money back with interest @ 12%. The society refused and Rosy approached the appropriate consumer forum for relief. Will she succeed ?

Could the parents of a minor child be regarded as ‘consumer’ under the Consumer Protection Act, 1986 for filing a complaint for ‘deficiency in service’ on behalf of a minor child who collapsed for wrong treatment by an untrained nurse in a nursing home ?

An income-tax payer went to a Government ho spital for treatment where treatment is rendered free of charges. Being not satisfied with the treatment, he lodged a complaint with the Consumer Disputes Redressal Forum alleging deficiency in service and claiming compensation contending that the income-tax paid by him has been appropriated in providing the ‘so-called free service’ by the hospital. Will he succeed ?

Discuss the powers of the Central Government to prevent, control and abate environmental pollution.

What are the restrictions on use of industrial plants under the Air (Prevention and Control of Pollution) Act, 1981 ?

Attempt any five of the following stating the relevant legal provisions and case law, if any :

(i)	Can the gratuity be withheld for non-vacation of service quarters by the retiring employees ?
(ii)	Ace Ltd. notified its vacancies to the employment exchange and a list of 20 candidates was sent by the employment exchange. However, the company did not recruit them. Daisy, one of the candidates, filed a suit against the company for not recruiting her, even though her name was in the list sent by the employment exchange. She stated that it was obligatory for the company to make recruitment from the candidates sponsored by the employment exchange. Will she succeed ?
(iii)	Are the workmen entitled to wages for the strike period ?
(iv)	A workman was dismissed from service on 15th February, 2000 after a departmental inquiry for an act of misconduct. No bonus was paid to him for the accounting year during which he was dismissed. Subsequently, he was reinstated by the Court with full back wages. Will he be entitled to claim bonus along with full back wages ?