| 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) | The consumer forum was satisfied that the complainant had suffered loss and mental agony in a case involving non-allotment of a flat in a housing scheme of a State Housing Development Authority. It awarded interest @ 18% on the amount deposited by the complainant. The complainant filed appeal in the appellate forum claiming that relief awarded is insufficient. Decide with reference to case law. |
| (b) | The public issue floated by a company in 1995 did not receive 90% subscription within 30 days and the underwriters also did not take up their commitment. As a result, all moneys had to be repaid. The company amongst others filed 208 applications for compensation against underwriters before the MRTP Commission in the year 2000 claiming for losses and damages. The MRTP Commission dismissed the applications stating that the same are not filed within 3 years and are time barred. Company filed a writ stating that the Act does not provide for the time bar. Decide the case with reference to recent Supreme Court judgement. | |
| (c) | A State Co-operative Employees Pension Board inordinately delayed the grant of order of pension to one of its employees and he filed a case of deficiency in service under the Consumer Protection Act, 1986 under relevant jurisdiction of consumer forum. Decide whether this is a service and the employee is a consumer or not? | |
| (d) | A State Co-operative Employees Pension Board inordinately delayed the grant of order of pension to one of its employees and he filed a case of deficiency in service under the Consumer Protection Act, 1986 under relevant jurisdiction of consumer forum. Decide whether this is a service and the employee is a consumer or not? | |
| (5 marks each) | ||
| 2. | (a) | Explain the meaning of the term ‘adjudicating authority’ under the Foreign Exchange Management Act, 1999. What are the powers available with the adjudicating authority to pass orders imposing penalty and enforce the same in relation to violation of any provision of the said Act. |
| (b) | Distinguish between ‘non-resident (external)’ account and ‘foreign currency (non-resident)’ account. | |
| (c) | Enumerate the various benefits allowed to Special Economic Zone under the EXIM Policy, 2002-2007, as amended. | |
| (5 marks each) | ||
| 1/2005/SPRELDC | P.T.O |
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| 3. | (a) | Enumerate the functions and responsibilities of the Telecom Regulatory Authority of India (TRAI). |
| (10 marks) | ||
| (b) | State briefly the benefits available to 100% EOUs and the procedure to register them with the Development Commissioner/Board of Approval. | |
| (5 marks) | ||
| 4. | (a) | Explain the concept of ‘environmental audit’. |
| (7 marks) | ||
| (b) | Explain briefly any two of the following with reference to the Public Liability Insurance Act, 1991:
(i) Accident (ii) Hazardous substance (iii) Owner (iv) Compulsory insurance |
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| (4 marks each) | ||
| PART—B | ||
| Answer Questions No.5 which is compulsory. and any two of the rest from this part | ||
| 5. | (a) | A contract existed between Akram and Bikram. Bikram went to the court of law for non-performance of the contract by Akram. During the pendency, Akram and Bikram arrived at certain compromise and reduced the terms of compromise by signing a ‘memorandum of understanding’ (MOU). Whether such an MOU amounts to novation of the contract ? |
| (b) | Anurag entered into a contract with a State for extraction of sand on payment of security deposit and agreeing to pay contract money. But due to commission and omission on the part of the State, Anurag could not possess land and extract any sand. But on the other hand, the State terminated the contract, forfeited the security deposit amount and also claimed compensation from Anurag for non-performance of contract under section 53 of the Indian Contract Act, 1872. Decide the case. | |
| (c) | Somesh had entered into a contract with Exel Ltd. for supply of raw material. They also entered into an arbitration agreement to refer any dispute or difference arising between them to an arbitral tribunal appointed by them. A dispute having arisen due to alleged supply of sub-standard material by Somesh and withholding of payment by Exel Ltd., it was referred to the arbitral tribunal. Draft a specimen of the award by the arbitral tribunal. | |
| (d) | A clause in the purchase order of Master Mind Ltd. to Ham Safar Ltd. provided that any dispute or difference arising out of the work order which could not be settled through mutual agreement of parties should be referred to the Chairman of Master Mind Ltd. and his decision would be the final. Would this be considered as a valid agreement which provides for reference of any dispute for arbitration to the Chairman of Master Mind Ltd. which is a party to the contract ? | |
| (5 marks each) | ||
| 1/2005/SPRELDC | Contind... |
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| 6. | (a) | Write short notes on any three of the following :
(i) Revision under the Code of Civil Procedure, 1908 (ii) Write as an extra-ordinary constitutional remedy. (iii) Special leave petition (iv) Recital clause in a deed. |
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| (3 marks each) | ||||
| (b) | Draft a memorandum of charges with statement of allegations imputed against the General Manager (Personnel) accepting illegal gratification which is gross misconduct under the relevant rules of your company. Assume facts. | |||
| (6 marks) | ||||
| 7. | (a) | What are the important clauses of a ‘debenture trust deed’ ? | ||
| (5 marks) | ||||
| (b) | Draft a memorandum constituting mortgage of immovable property by deposit of title deeds. | |||
| (5 marks) | ||||
| (c) |
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| (3 marks) | ||||
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| (2 marks) | ||||
| 8. | (a) | Draft the following clauses in a lease deed
(i) Forfeiture clause, and (ii) Renewal clause |
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| (8 marks) | ||||
| (b) | Draft a dealership agreement for the products of your company ensuring that there is no violation of provisions of the Companies Act, 1956 regarding appointment of sole-selling agents. | |||
| (7 marks) | ||||
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1/2005/SPRELDC