| 1. | With reference to the relevant legal enactments, write short notes on any five of the following: | 3each | |
| | (i) | Bid rigging | | (0) |
| | (ii) | Scheduled industry | | (0) |
| | (iii) | Person resident of India | | (0) |
| | (iv) | Special economic zone | | (0) |
| | (v) | Environmental audit | | (0) |
| | (vi) | Restoration of lapsed patent | | (0) |
| | (vii) | Trade effluent. | | (0) |
| 2. | (a) | Do the following amount to anti–competitive agreements? Give reasons in support of your answer: | 2each | |
| | | (i) | An agreement requiring a distributor not to sell the goods of the manufacturer in the States other than Gujarat and Maharashtra. | | (0) |
| | | (ii) | A stipulation in an agreement that the dealer shall not sell the goods below the stipulated price. | | (0) |
| | | (iii) | An agreement containing a clause that there will be discontinuation in the supply of goods if the dealer is also dealing in the products of supplier’s competitors. | | (0) |
| | | (iv) | An agreement stipulating the source of raw material for ensuring the quality of goods to be exported. | | (0) |
| | (b) | What environmental clearances are required to be obtained for setting–up an industrial project or expanding and modernising existing projects? | 4 | (0) |
| | (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? | 3 | (0) |
| 3. | (a) | With reference to the relevant provisions of the Foreign Exchange Management Act, 1999, advise on the following: | 2each | |
| | | (i) | Mehta Chemicals Ltd., a listed Indian company, is interested in investing in the shares of an overseas company. | | (0) |
| | | (ii) | Jai Capital Ltd. desires to export plant and machinery from India towards equity contribution in a joint–venture in Trinidad and Tobago. | | (0) |
| | | (iii) | Arora & Co., a proprietary concern in India, wants to apply to authorities concerned for permission to accept shares of a company outside India in lieu of fees due to it for professional services rendered to the said company. | | (0) |
| | | (iv) | Jolly Ltd. wants to borrow a term loan of £ 5 million @ 6% per annum from its foreign collaborators to be repaid in 7 years. | | (0) |
| | (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? | 4 | (0) |
| | (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? | 3 | (0) |
| 4. | (a) | What is meant by ‘intellectual property’? Mention various kinds of intellectual property and the laws governing intellectual property rights in India. | 5 | (0) |
| | (b) | Do the following acts constitute infringement of copyright? Give brief reasons in support of your answer: | 1each | |
| | | (i) | Reproduction of a musical work by a teacher in the course of instructions to students. | | (0) |
| | | (ii) | Reproduction for research of an unpublished work kept in a public library. | | (0) |
| | | (iii) | Making a dozen copies of a book borrowed from a library when such book is available in the market. | | (0) |
| | | (iv) | Reproduction in a periodical of a write–lup by an expert on a social subject of which the author has expressly retained his copyright. | | (0) |
| | | (v) | Making copies of a computer programme from a floppy disc bought from the market and using it for office work. | | (0) |
| | (c) | What are the acts which are not considered as infringement of a patent as per the Patents Act, 1970? | 5 | (0) |
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| 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. | 5 | (0) |
| | (b) | What are the heads under which compensation for damagees may be claimed under the National Environment Tribunal Act, 1995? | 5 | (0) |
| | (c) | Mention the provisions of the Trade Marks Act, 1999 relating to registered users of trade marks. | 5 | (0) |
| 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. | 5 | (0) |
| | (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. | 5 | (0) |
| | (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. | 5 | (0) |
| 7. | (a) | Discuss any two of the following: | 5each | |
| | | (i) | Grievance handling. | | (0) |
| | | (ii) | Benefits under the Employees’ State Insurance Act, 1948. | | (0) |
| | | (iii) | Unfair labour practices on the part of workmen and trade unions of workmen under the Industrial Disputes Act, 1947. | | (0) |
| | (b) | Attempt any five of the following stating the relevant legal provisions and case law, if any: | 3each | |
| | | (i) | A licensed salt producer engaged workmen in open land in which work was done to convert sea water into crystals of salt. Whether the workmen working in open land are employed in the premises of the factory? | | (0) |
| | | (ii) | Garuda Ltd. employed contract labour for doing some work in the company. Subsequently, the nature of work done by the contract labour was notified to be work of a perennial nature by the appropriate government. Can such contract labour claim automatic absorption as regular workmen in the company? | | (0) |
| | | (iii) | Bhaskar, a school teacher, was dismissed from service for gross misconduct. He seeks reinstatement under the Industrial Disputes Act, 1947 on the ground that he is a ‘workman’ and that his dismissal amounts to an industrial dispute. Will he succeed? | | (0) |
| | | (iv) | Kishore, President of Janta Mazdoor Union, made speeches instigating workers to picket the factory. On one occasion, when some women picketers were harassed by the police, he brought his wife to the factory gate and instructed her to beat with slippers anyone who interfered with her. Kishore, who was prosecuted for instigating picketing, claimed immunity from criminal conspiracy. Will he succeed? | | (0) |
| | | (v) | Goswami, a graduate apprentice, could not complete the apprenticeship training due to strike in the establishment when he was undergoing training. Subsequently, the strike was withdrawn. He claims extension of the training period and stipend for the strike period. Will he succeed? | | (0) |
| | | (vi) | During the accounting year 2003–04, Stingy Ltd. to which the Payment of Bonus Act, 1965 applies, suffered heavy losses. The Board of directors decided not to pay any bonus to its employees. The employees moved the court for relief. Will they succeed? | | (0) |
| | | (vii) | Rakshit was suspended for an alleged act of misconduct and an inquiry was instituted against him. He did not appear before the inquiry officer on the ground that the allegations levelled against him were false. The inquiry could not be completed even after the lapse of six months. He files a case for grant of the subsistence allowance. Will he succeed? | | (0) |
