CS Final :: Secretarial Practice relating to Economic laws and drafting & Conveyancing : December 2004

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)

Detail the requirements of automatic route of the Reserve Bank of India for issue of shares to foreign entities by an Indian company.

(5 marks)
(b)

Tulika was traveling in a reserved compartment from Patna to New Delhi. En route, an unauthorised passenger boarded the reserved compartment and was not detrained by Train Ticket Examiner (TTE) despite complaint lodged by Tulika. Later on, when the reserved bogie passengers was asleep, the unauthorised passenger ransacked the baggage of Tulika and took away some of her important documents and cash worth Rs.5,800. The emergency chain also did not work. In the morning when Tulika wanted to make complaint about the incident, the Station Master and TTE refused to take cognizance. Tulika seeks relief of Rs.20,000 with costs. Decide her case in the light of Consumer Protection Act, 1986.

(5 marks)
(c)

One of the current account holders in a bank wanted to make a complaint under the Consumer Protection Act, 1986 against the bank for charging Rs.50 for issue of cheque book to him. Does the consumer forum have the jurisdiction to provide relief to the complainant ? Advise.

(5 marks)
(d)

Whether the practice of school declining to pay interest on refundable security deposits of students on leaving school, amounts to an unfair trade practice under section 2(o) of the Monopolies and Restrictive Trade Practices Act, 1969 ? Comment with the help of decided case law.

(5 marks)
2. (a)

State briefly the highlights of India Infrastructure Report on power, telecommunication, highways and ports.

(7 marks)
(b)

Discuss the functions of the following:
  (i) National Highways Authority of India.
(ii) Telecom Regulatory Authority of India.

(4 marks each)
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3. (a)

Write a short note on ‘sustainable development’ in the context of environmental protection.

(5 marks)
(b) Enumerate the salient features of the India’s power policy
(10 marks)
4. (a)

Briefly state the heads under which compensation for damages may be claimed under the National Environment Tribunal Act, 1995.

(5 marks)
(b)

A unit registered as medium scale industry with DGTD in 1983 received cash subsidy from the State Government. In the year 1985, due to amendment in the definition of small scale industry, it became SSI unit as its investment in plant and machinery was less than Rs.35 lakh. The State Government demanded refund of cash subsidy on the ground that it is no longer a medium scale industry. The SSI unit approached the Supreme Court after having failed to obtain the relief from the High Court. Discuss the fate of SSI unit with reference to the decided Supreme Court case.

(5 marks)
(c)

State briefly the procedure for filing an ‘industrial entrepreneurs memorandum (IEM)’.

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

 
5. (a) Distinguish between ‘contract’ and ‘conveyance’.
(5 marks)
(b)

Rohan and Sohan are partners in a firm engaged in trading business. They want to enter into an arbitration agreement for the resolution of any disputes or differences that may arise in the future. Draft an arbitration agreement.

(7 marks)
(c) Draft a model ‘deed of mortgage’ by conditional sale.
(8 marks)
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6. (a) Outline the procedure for dissolution of a partnership firm.
(b) State the requirements of the Indian Stamp Act, 1899 applicable to the power of attorney.
(c) How can an appeal be preferred before the Appellate Tribunal under the Central Excise Act, 1944 ?
(5 marks each)
7. (a) Name the various types of writs.Briefly explain any one of them.
(6 marks)
(b) Draft a specimen form of loan agreement with a bank.
(9 marks)
8. (a) Draw up a specimen deed of assignment of business debts.
(8 marks)
(b) Distinguish between ‘lease’ and ‘licence’.
(3 marks)
(c) Explain any three of the usual clauses of a debenture trust deed.
(4 marks)

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