CS Final Group I : Secretarial Practice relating to Economic Laws Drafting and Conveyancing - December 2008

CS Final - Group I • Secretarial Practice relating to Economic Laws Drafting and Conveyancing • December 2008

This Paper has 50 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

PART — A

Answer Questions No.1 which is compulsory.
and any two of the rest from this part

Attempt any four of the following :

(i)

Ajay was travelling in First Class AC compartment of a train. In the course of journey, a number of passengers forcibly entered the AC compartment and looted the passengers including Ajay. Railways authorities took no action even after making complaint to them. Whether the railways authorities are liable for deficiency in service ? Give your answer with reference to the provisions of the Consumer Protection Act, 1986.

(0)

(5 marks )

(ii)

Ocean Seafood Ltd. (the appellant) was granted three advance licences under the EXIM Policy of 2002-2007 for the export of frozen seafood and import of certain products used for fishing. The Director General of Foreign Trade (DGFT), the respondent, refused endorsement of transferability on these licences on the ground that the description of export items were shown wrongly and that the licences were granted in contrary to the official circular. The High Court dismissed the writ filed by the appellant and the appellant preferred an appeal to the Supreme Court. Discuss the underlying points involved and decide whether appeal should be allowed by the Supreme Court.

(0)

(5 marks )

(iii)

Modern Bottling Co. Ltd. (MBCL) and Jeevan Cola Ltd. (JCL) entered into an agreement in 1993 whereby MBCL was permitted to bottle, sell and distribute various beverages. One of the terms of the said agreement was that either side could terminate the agreement by giving one year’s written notice. The agreement also contained a negative covenant by which MBCL was not permitted to manufacture, bottle, sell, deal or otherwise be concerned with the products or beverages of any other brands or trade marks/trade names during the subsistence of the agreement including the period of one year notice contemplated for the termination of the agreement. Discuss whether this negative covenant is valid.

(0)

(5 marks )

(iv)

Define the following:

(a)

Investment promotion cell.

(0)

(b)

‘Accident’ under the National Environment Tribunal Act, 1995.

(0)

(c)

‘Consumer’ under the Consumer Protection Act, 1986

(0)

(d)

Cartels.

(0)

(e)

Environmental audit.

(0)

(5 marks )

(v)

A proprietory concern in India is rendering professional services to a company abroad. The foreign company desires to allot shares in it in lieu of the fees payable to the proprietory concern for professional services rendered. Can this proprietory concern accept the allotment of shares ? Explain.

(0)

(5 marks )

(a)

Write short notes on the following :

(i)

Highlights of roads and highways policy.

(0)

(ii)

Permissible debits to Exchange Earner’s Foreign Currency (EEFC) account.

(0)

(iii)

Powers of the Central Government under the Environment (Protection) Act, 1986.

(0)

(3 marks each)

(b)

Choose the most appropriate answer from the given options in respect of the following :

(i)

An industrial licence is a written permission from the government to an industrial undertaking to manufacture specified articles listed in the Industries (Development and Regulation) Act, 1951 in its –
(a) First schedule
(b) Third schedule
(c) Second schedule
(d) First annexure.

(0)

(ii)

An Indian company issuing shares or convertible debentures in accordance with the regulations of the FEMA shall submit a report to the Reserve Bank of India within –
(a) 30 days from the date of receipt of the amount of consideration
(b) 60 days from the date of receipt of the amount of consideration
(c) 45 days from the date of receipt of the amount of consideration
(d) 15 days from the date of receipt of the amount of consideration.

(0)

(iii)

Under the Competition Act, 2002, the Commission may initiate inquiry into an anti–competitive agreement –

(a)	On its own on the basis of information and knowledge in its possession
(b)	On receipt of an information
(c)	On receipt of a reference from the Central Government or State Government or a statutory authority
(d)	On any of the above.

(0)

(iv)

Chairperson or a member of the Tariff Authority for Major Ports (TAMP) shall hold office upto the maximum age of sixty five years or for a term of –
(a) 10 years
(b) 15 years
(c) 5 years
(d) 2 years.

(0)

(v)

President of the District Consumer Redressal Forum in terms of the Consumer Protection Act, 1986 is a person who is qualified to be a –
(a) Magistrate
(b) District Judge
(c) Sub–judge
(d) Any professional.

(0)

(vi)

The Public Liability Insurance Act, 1991 was enacted for the purpose of providing immediate relief to the persons affected by the accidents occurring while handling –
(a) Any dangerous machine
(b) Any hazardous substance
(c) Any new machine without security devices
(d) Any fast moving machine.

(0)

(1 mark each)

(a)

Re–write the following sentences after filling–up the blank spaces with appropriate word(s)/figure(s) :

(i)

The National Environment Tribunal Act, 1995 was enacted to provide for strict liability for ________ arising out of any accident occurring while handling any _________ .

(0)

(ii)

Environmental clearance for setting–up a project or substantial expansion by the Central or any State Government, as the case may be, would be accorded only on the basis of an _________ of the project and the necessary _________ for the prevention, elimination or mitigation of the adverse impacts, right from the inception stage of the project.

(0)

(iii)

The Information Technology Act, 2000 provides that any subscriber may authenticate an electronic record by affixing his _________ .

(0)

(iv)

If exemption from industrial licensing granted for any item is withdrawn, the industrial undertakings which are manufacturing such item(s) require ________ or _________ licence.

(0)

(2 marks each)

(b)

Describe the guidelines to be observed while submitting an application for industrial licence under the Industries (Development and Regulation) Act, 1951.

(0)

(4 marks )

(c)

Write a short note on ‘ancillary industrial undertaking’.

(0)

(3 marks )

(a)

List out any eight situations in which the drawal of foreign exchange is prohibited under the Foreign Exchange Management (Current Account Transactions) Rules, 2000.

(0)

(4 marks )

(b)

Discuss the new telecom policy alongwith its framework and private sector participation in value added services.

(0)

(6 marks )

(c)

Identify the practices that will have appreciable adverse effect on competition and which the Competition Act, 2002 will seek to curb.

(0)

(5 marks )

PART — B
Answer Questions No.5 which is compulsory. and any two of the rest from this part

PART — B

Answer Questions No.5 which is compulsory.
and any two of the rest from this part

Attempt any four of the following :

(i)

Draft a specimen of deed of assignment of shares in a company.

(0)

(5 marks )

(ii)

State with reference to case law whether a foreign arbitration award can be executed by an Indian court.

(0)

(5 marks )

(iii)

An Indian company invited bids for the supply of equipments from a foreign company. The Indian company issued general conditions which were several times revised. The Indian company placed letter of intent which stated that supply should be made once purchase order is placed. No purchase order was placed for the supply. The Indian company decided not to purchase from the foreign company. The foreign company commenced arbitration proceedings before Indian Council of Arbitration. Decide whether there was an arbitration agreement.

(0)

(5 marks )

(iv)

Projects Construction Engineering Co. (PCEC) has been awarded four project works by Karnataka Medical Supplies Corporation Ltd. (KMSCL) for Rs.500 lakh each. They have sought financial assistance from a commercial bank who agrees to provide the loan but wants a power of attorney from KMSCL to recover dues on the above contracts on behalf of PCEC, including right to sue for realising dues from KMSCL. Prepare a power of attorney.

(0)

(5 marks )

(v)

Discuss the scope and extent of objections under section 34(2) of the Arbitration and Conciliation Act, 1996 with reference to case law.

(0)

(5 marks )

(a)

Re–write the following sentences after filling–up the blank spaces with appropriate word(s)/figure(s):

(i)

The commission paid to an agent in a contract of agency coupled with interest is known as _________ .

(0)

(ii)

The essential ingredients in a mortgage by deposit of title deeds are _________ and _________ .

(0)

(iii)

A writ of _________ will be issued by the Supreme Court if a lower court exceeds jurisdiction or fails to exercise jurisdiction.

(0)

(iv)

The defendant in an appeal petition is called _________ .

(0)

(v)

A mortgage in which possession is the essential ingredient is called ______ .

(0)

(vi)

A trust is _________ when its purpose is completely fulfilled.

(0)

(1 mark each)

(b)

Match the following Latin words (printed in italics) under Column–A with corresponding words under Column–B:

	Column–A	Column–B
(i) (ii) (iii) (iv) (v) (vi)	Force majeure Testatum Habeas corpus Mandamus Quo warranto Del credere commission	To have a body Command Witnessing clause Usurping public office Extra remuneration for an agent Excuses for non–performance

(0)

(1 mark each)

(c)

Define the following :

(i)

Testimonial clause

(0)

(ii)

Interim award.

(0)

(iii)

Lease.

(0)

(1 mark each)

(a)

Draft a specimen of deed of sale by liquidator of a company in voluntary liquidation.

(0)

(6 marks )

(b)

Draft a letter calling for explanation from the purchase manager of the company who is alleged to have indulged in corrupt practices resulting in heavy loss to the company and asking him why disciplinary action should not be initiated against him under the service rules of the company.

(0)

(5 marks )

(c)

Draft a specimen preamble and any three essential clauses in a deed of dissolution of partnership by which one partner sells his share in partnership property to the other partner.

(0)

(4 marks )

(a)

What are the important factors that you will bear in mind while drafting an appeal ?

(0)

(4 marks )

(b)

What are the principal tests to determine whether a charge is a fixed charge or a floating charge ?

(0)

(4 marks )

(c)

Comment on the following:

(i)

An enquiry officer in a domestic enquiry is entitled to recommend punishment for misconduct of an employee in his enquiry report.

(0)

(ii)

‘Habendum’ and ‘reddendum’ mean the same thing in a lease agreement.

(0)

(2 marks each)

(d)

Distinguish between ‘drafting’ and ‘conveyancing’.

(0)

(3 marks )

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