| · Answer all 70 questions. · Marks are indicated against each question. |
| |
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| Total Marks : 100 |
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| The primary objective of securitization under the SARFAESI Act, 2002 is to sell the secured Non-Performing Assets (NPA) loans to investors through a special purpose vehicle called
| ( | 1 | mark) | ||||||||||||
| Which of the following is not considered as an instrument negotiable by custom or usage?
| ( | 1 | mark) | ||||||||||||
| Under the Competition Act, 2002, any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller is known as
| ( | 1 | mark) | ||||||||||||
| Under the common law, which of the following is known as ‘self-help remedy’, because the owner of the land affected may take action to contain the damage?
| ( | 1 | mark) | ||||||||||||
| Which of the following is not a method of Alternative Dispute Resolution (ADR)?
| ( | 1 | mark) | ||||||||||||
| Sree Leathers Ltd., a manufacturer of footwear entered into an agreement with Foot Needs, a retailer of footwear, for the sale of its products. One of the conditions in the agreement between Sree Leathers Ltd., and Foot Needs was that the retailer shall sell the goods manufactured by Sree Leathers Ltd., at a price not below the one, marked on the label of the footwear. Under the Competition Act, 2002, such an agreement is classified as
| ( | 2 | marks) | ||||||||||||
| Soubhgya Bank Ltd., is licensed to carry-on business as a banking company. It wants to take advantage of the retail boom in the country and wishes to open a retail chain of consumer and electronic goods. Which of the following businesses is prohibited for banks under the Banking Regulation Act, 1949?
| ( | 2 | marks) | ||||||||||||
| Eknath has taken two mediclaim policies from two different insurers. The first policy was for Rs.1,00,000 was taken from Reliable Insurance and the second one for Rs.1,50,000 was taken from Medisure Insurance. Suddenly, one day Eknath had to be hospitalized for a serious health problem and he had to undergo surgery. A medical expenditure of Rs.1,80,000 was incurred by him. He is planning to file for claim. Which of the following statements is true in respect of the liability of the insurers?
| ( | 2 | marks) | ||||||||||||
| Which of the following is considered as an inland bill under the Negotiable Instruments Act, 1881?
| ( | 2 | marks) | ||||||||||||
| Marine insurance contract is a short term contract. The maximum period for which marine insurance can be taken is
| ( | 1 | mark) | ||||||||||||
| Enforcement under the provisions of the SARFAESI Act, 2002 applies to
| ( | 1 | mark) | ||||||||||||
| Under the Negotiable Instruments Act, 1881, when a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called an
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is false in respect of the electronic governance under the Information Technology Act, 2000?
| ( | 1 | mark) | ||||||||||||
| Akash Khurana intends to file a claim for Rs.25,00,000 against Flywell Airlines for deficiency of service under Consumer Protection Act, 1986. The complaint is to be filed with
| ( | 1 | mark) | ||||||||||||
| Which of the following matters can be referred to arbitration?
| ( | 1 | mark) | ||||||||||||
| Rampur Fertilizers Ltd., released its untreated chemical waste into a nearby canal that flowed through its premises. The regular release of the waste discolored the ground water in the vicinity and posed a great risk to the residents of the village who were residing just outside the premises of the company. The residents are proposing to file a case against the company for causing water pollution. Which of the following statements is true in respect of these circumstances?
| ( | 2 | marks) | ||||||||||||
| Sarabjeet and Sridharan entered into an online agreement. The terms of the contract stipulated that the electronic record shall be binding on the receipt of the acknowledgement. Sarabjeet, who is the originator of the contract, has not received the acknowledgement as per the terms of the contract. Which of the following statements is true in respect of these circumstances under the Information Technology Act, 2000?
| ( | 2 | marks) | ||||||||||||
| A ship, MV Kalyanee, together with its cargo was insured against enemy action. The enemy country had sunk another ship named MV Rajani on the voyage. Due to a collision with MV Rajani, MV Kalyanee was filled with water and sank without any other action on the part of enemy. Which of the following statements is true in these circumstances?
| ( | 2 | marks) | ||||||||||||
| Ananth signed as maker of a promissory note, a blank stamped paper and gave it to Bhushan and authorized him to fill it as a promissory note for Rs.500. Bhushan fraudulently filled it up as a promissory note for Rs.1,000 and endorsed it in favour of Chinmay, who in good faith advanced Rs.1,000. Can Chinmay, as a holder in due course recover Rs.1,000 from Ananth under the Negotiable Instruments Act, 1881?
| ( | 2 | marks) | ||||||||||||
| The trading system of the National Stock Exchange is known as
| ( | 1 | mark) | ||||||||||||
| Who among the following persons is not considered as an insurer under the Insurance Act?
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is false under the Negotiable Instruments Act, 1881?
| ( | 1 | mark) | ||||||||||||
| Which of the following agreements may be categorized as arising out of non-instantaneous form of communication under the Information Technology Act, 2000?
| ( | 1 | mark) | ||||||||||||
| The limitation period for filing of a complaint by the complainant for deficiency of service before the redressal agency under the Consumer Protection Act, 1986 is
| ( | 1 | mark) | ||||||||||||
| Which of the following is true in respect of the causes and hazards of air pollution?
| ( | 1 | mark) | ||||||||||||
| Kailash Toys Ltd., a manufacturer of children’s toys entered into a distribution agreement with Gaurav Distributors Ltd., engaged in the distribution of children’s toys for the distribution of the toys manufactured by Kailash Toys Ltd. Both the companies incorporated an arbitration clause in the distribution agreement to submit their present and future disputes to arbitration. Later, when disputes arose, Gaurav Distributors Ltd., contends that there should have been a separate arbitration agreement and hence, the arbitration clause in the distribution agreement was not valid. Which of the following statements is true in these circumstances under the Arbitration and Conciliation Act, 1996?
| ( | 2 | marks) | ||||||||||||
| The State Government of Uttaranchal purchased a photo-copying machine to comply with the statutory requirement of photo-copying registered documents for public. The concerned Government Department charged a subsidized rate of 25 paise per copy. One month later, the machine developed a defect that was traced as a manufacturing defect. The State Government of Uttaranchal is proposing to file a consumer complaint against the manufacturer for supplying defective goods. Which of the following statements is true in respect of these circumstances under the Consumer Protection Act, 1986?
| ( | 2 | marks) | ||||||||||||
| Spring Valley Constructions has borrowed an amount of Rs.15,00,000 from City Bank by mortgaging its open land. As the firm has continuously defaulted in the repayment of the loan, City Bank has classified the loan as non-performing asset in its books, in accordance with Reserve Bank of India (RBI) guidelines. Then City Bank issued a notice to Spring Valley Constructions demanding discharging of full liabilities within 60 days, failing which it intends to secure the open land. Which of the following statements is true in respect of these circumstances under the SARFAESI Act, 2002?
| ( | 2 | marks) | ||||||||||||
| Ramesh, the owner of an oil tanker insured it against fire, while being garaged. In reply to a question in the proposal form enquiring about the address at which the tanker was to be usually garaged, Ramesh inadvertently gave the address of the godown whereas the oil tanker was always garaged in his delivery office. The policy contained a clause that answers to the queries in the proposal form were the basis of the contract. The premium on the policy was duly paid. The oil tanker caught fire while garaged at the delivery office address. Which of the following statements is true in respect of these circumstances under the Insurance Act?
| ( | 2 | marks) | ||||||||||||
| Which of the following instances is treated as a restrictive crossing under the Negotiable Instruments Act, 1881?
| ( | 2 | marks) | ||||||||||||
| Which of the following statements is false in respect of a general insurance contract?
| ( | 1 | mark) | ||||||||||||
| The Reserve Bank of India (RBI) acts as a banker to Government of India and all State Governments. Which of the following functions is not carried by the RBI as a banker to Government of India?
| ( | 1 | mark) | ||||||||||||
| Which of the following instruments payable to ‘bearer of the instrument on demand’ can be drawn and accepted by any citizen of India under the Negotiable Instruments Act, 1881?
| ( | 1 | mark) | ||||||||||||
| Which of the following conditions is/are required to be satisfied for the treatment of a writ petition as Public Interest Litigation? I. The writ petition should involve a question, which affects public at large or group of people, and not a single individual. II. Only the affected/aggrieved person can file a writ petition. III. There should be a specific prayer, asking the Court to direct the State Authorities to take note of the complaint/allegation.
| ( | 1 | mark) | ||||||||||||
| When a person is guilty of an illegal omission causing any common injury to the people who dwell in general in the vicinity of his premises, it amounts to
| ( | 1 | mark) | ||||||||||||
| Ramnath Enterprises and Bhairav & Co., submitted their business dispute to conciliation. However, during the pendency of the conciliation proceedings, Ramnath Enterprises felt that their dispute could not be solved by conciliation and hence, it decided to take the cause of action to the Court. Which of the following statements is true in these circumstances under the Arbitration and Conciliation Act, 1996?
| ( | 2 | marks) | ||||||||||||
| Deepak filed a complaint with the District Forum, against Sheetal Industries for defect in their product due to which he suffered a serious health problem requiring immediate medical assisstance. Owing to the urgency to give immediate relief to Deepak, the District forum passed interim orders for the payment of compensation. When Sheetal Industries failed to comply with the District Forum’s order, the District Forum ordered the attachment of the property of Sheetal Industries. Which of the following statements is true in respect of these circumstances under the Consumer Protection Act, 1986?
| ( | 2 | marks) | ||||||||||||
| The Securities Exchange Board of India (SEBI) initiated enquiry against Mahesh Industries Ltd., on the suspicion of indulging in insider trading and unfair trade practices related to the securities market. Pending enquiry, the SEBI has suspended the trading of the stock of Mahesh Industries Ltd., to protect public interests. Which of the following statements is true in respect of the powers of SEBI pending enquiry into the affairs of a company?
| ( | 2 | marks) | ||||||||||||
| Anil owes Rs.50,000 to Vinod, who took a life insurance policy in the name of Anil for the amount of Rs.50,000 and paid the premium. Suddenly Anil died and Vinod claimed the amount of Rs.50,000 from the insurance company. Which of the following statements is true in respect of the above situation under the Insurance Act?
| ( | 2 | marks) | ||||||||||||
| A bill was drawn by Pramod upon Satish. Later, Pramod indorsed the bill by signing his name and adding a direction to pay the amount mentioned in the instrument to the order of Mukesh. Such an indorsement under the Negotiable Instruments Act, 1881 is known as
| ( | 2 | marks) | ||||||||||||
| Radhika purchased a bottle of floor cleaning liquid manufactured and marketed by Alchemy Chemicals Ltd. The bottle did not carry any warning labels or instructions for its use, due to which Radhika was prevented from taking proper safety precautions and she was injured while cleaning the floor of her house with the cleaning liquid. Which of the following statements is true in respect of product liability claim that can be brought by Radhika against Alchemy Chemicals Ltd.?
| ( | 2 | marks) | ||||||||||||
| Zeneca Chemicals Ltd., is listed with the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE). Which of the following is false in respect of the advantages that may accrue to a shareholder of Zeneca Chemicals Ltd.?
| ( | 2 | marks) | ||||||||||||
| M/s Shine Traders that carries on the business of overseas exports has insured its goods in the warehouse at Hyderabad against fire only. Though the insurance company offered coverage against loss by flood, M/s Shine Traders did not take the offer. Due to sudden heavy rains, the warehouse got flooded and in consequence, the firm lost its business as the goods could not be replaced in time. The insurance company denied to pay the compensation as risk of loss by flood was not covered by it. Which of the following statements is true in respect of the above circumstances?
| ( | 2 | marks) | ||||||||||||
| Mukesh stole a cheque that was payable to bearer and crossed generally with the words ‘not negotiable’ and indorsed the cheque in favour of Manohar, who took it in good faith and for valuable consideration. Manohar deposited the cheque into his bank account and the cheque was duly collected by his bank. Which of the following statements is true in respect of the recovery of money by the true owner of the cheque under the Negotiable Instruments Act, 1881?
| ( | 2 | marks) | ||||||||||||
| Which of the following statements is true in respect of a fire insurance policy?
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is false in respect of asset reconstruction involving securitization and enforcement of security interest under SARFAESI Act, 2002?
| ( | 1 | mark) | ||||||||||||
| Under which of the following circumstances, notice of dishonour is considered necessary under the Negotiable Instruments Act, 1881?
| ( | 1 | mark) | ||||||||||||
| The provisions of the Information Technology Act, 2000 are not applicable to which of the following
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is false in respect of the salient features of the Consumer Protection Act, 1986?
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is true in respect of Alternative Dispute Resolution (ADR) mechanisms?
| ( | 1 | mark) | ||||||||||||
| Pyaremohan Prajapati, a farmer purchased a bag of maize seeds sold by CTC Ltd., for sowing in his fields. The seeds turned out to be defective and Pyaremohan Prajapati is proposing to file a consumer case against CTC Ltd., for supplying defective seeds. The seeds were in fact produced by another company Bhumimitra Agro-products Ltd., and were only marketed by CTC Ltd. However, the bag containing the seeds bore the mark ‘produced and marketed by CTC Ltd’. Which of the following statements is true in respect of the above circumstances under the Consumer Protection Act, 1986?
| ( | 2 | marks) | ||||||||||||
| While surfing the internet, Nilesh bought an i-pod from an online shopping site. The i-pod was to be delivered within a period of 7 working days. Nilesh accepted the contract by clicking on the option ‘I agree’ and agreed to pay by credit card on delivery. The sale was subject to the terms and conditions of sale as mentioned in the website. One of the conditions of sale was that in case of payments by credit cards, the period of 7 days for the delivery of the goods sold by the website will be counted from the 3rd day of the transaction. This condition was not read by Nilesh, who refused to take delivery when the i-pod reached him 9 days after ordering. Which of the following statements is true in respect of these circumstances under the Information Technology Act, 2000?
| ( | 2 | marks) | ||||||||||||
| Three row houses belonging to Amarendra, Bhushan and Kushal were insured with KPMG Insurance, against loss by fire. As a result of an earthquake, the house belonging to Amarendra fell down and a fire broke out. The fire spread to the house belonging to Bhushan, as a consequence of which his gas cylinder exploded and the house belonging to Kushal was wrecked. In the absence of any agreement to the contrary, which of the following statements is true in respect of these circumstances?
| ( | 2 | marks) | ||||||||||||
| Amrita issued a cheque for Rs.10,000 to her creditor, Bindu. The cheque was wrongfully dishonoured by the bank, even as Amrita had more than Rs.25,000 in her account. Which of the following statements is true in respect of the wrongful dishonour of a cheque by the bank under the Negotiable Instruments Act, 1881?
| ( | 2 | marks) | ||||||||||||
| A insurance contract between the owner of a factory and the insurer, whereby the insurer will compensate the owner from the liability of payment of compensation to the employees handling hazardous substances in classified as
| ( | 1 | mark) | ||||||||||||
| Which of the following statements is false in respect of an insurance contract?
| ( | 1 | mark) | ||||||||||||
| Which of the following is not considered as a payment in due course under the Negotiable Instruments Act, 1881?
| ( | 1 | mark) | ||||||||||||
| When does an electronic mail message become an electronic record for the purposes of the Information Technology Act, 2000?
| ( | 1 | mark) | ||||||||||||
| Under the Consumer Protection Act, 1986, which of the following is/are empowered to review its/their decision where there is a patent error apparent from the records?
| ( | 1 | mark) | ||||||||||||
| Which of the following is not regarded as a cause of environmental pollution?
| ( | 1 | mark) | ||||||||||||
| A leather tannery disposed off its waste products in an area outside the city limits of Kanpur, far away from residential areas of the city. Nevertheless, some gases were released in the process that caused a noxious atmosphere in some of the residential areas of the city. Some people of the area propose to file a case against the owners of the tannery for polluting the atmosphere. Which of the following statements is true in respect of above mentioned circumstances?
| ( | 2 | marks) | ||||||||||||
| Smile Consumer-care Ltd., the manufacturer of the toothpaste ‘Fresh’ advertised the ‘Fresh Healthy teeth’ contest for the purpose of educating the public about benefits of dental health. The contestants were required to answer three questions by ticking the correct answer from three alternatives for each question and also write a slogan not exceeding 10 words describing as to why they used that toothpaste. The entry form had to be sent along with two empty cartons in which the toothpaste was sold. Apart from prizes for best entries, the company also offered 2,000 early-bird prizes to those entries received in the first week, irrespective of the fact whether the contestants’ answers were correct or not and the slogan was of merit or not. The price of the toothpaste remained same as before. Which of the following statements is true in respect of these circumstances under the Competition Act, 2002?
| ( | 2 | marks) | ||||||||||||
| Akash took an insurance policy from Secure Insurance Ltd. At the maturity of the policy the company neglected to pay the agreed amount to Akash even after several reminders were sent to it. Aggrieved by the delay in payment of maturity amount, Akash approached the Insurance Regulatory and Development Authority (IRDA). After an enquiry, the IRDA found that the company has neglected to pay maturity amount to a large number of its customers. The IRDA cancelled the registration certificate of the company. Which of the following statements is true in respect of the powers of the IRDA?
| ( | 2 | marks) | ||||||||||||
| Prakash has drawn a bill of exchange, payable after four months. The maturity date of the bill falls on January 26, 2009 (Republic Day). Under the Negotiable Instruments Act, 1881, the bill shall be deemed to be due on
| ( | 2 | marks) | ||||||||||||
| The BSE allows trading of securities that are traded at other regional stock exchanges but are not listed at the BSE. Such class of securities are known as
| ( | 1 | mark) | ||||||||||||
| An agreement between two insurers, where one agrees to cede and the latter agrees to accept a certain specified share of risk in return for agreed premium is known as
| ( | 1 | mark) | ||||||||||||
| In which of the following situations a maker, acceptor or indorser is not discharged from the liability under the Negotiable Instruments Act, 1881?
| ( | 1 | mark) | ||||||||||||
| Under the Information Technology Act, 2000, hacking with computer system causing wrongful loss or damage to public is punishable with
| ( | 1 | mark) | ||||||||||||
| Which of the following anti-competitive agreements amounts to horizontal agreement in relevant markets?
| ( | 1 | mark) | ||||||||||||
| Which of the following is correct in respect of the main effect of the presence of organic pollutants in water due to waste coming from industries and agricultural fields?
| ( | 1 | mark) |
END OF QUESTION PAPER
Suggested Answers
Business Law - II (MB2F2): October 2008
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| Answer | Reason |
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| A | The primary objective of securitization is to sell the secured Non Performing Assets (NPA) loans to investors through a special purpose vehicle called Securitization Company. | ||||||||||||||
| e | The Negotiable Instruments Act, 1881 recognizes only three kinds of instruments under Section 13 – promissory notes, bills of exchange and cheques that are considered negotiable by statute. Certain instruments have acquired the character of negotiability by the usage or custom of trade. In India, Government promissory notes, banker’s drafts and pay orders, hundies, delivery orders and railway receipts for goods have been held to be negotiable by usage or custom. Hence, option ‘E’ is correct answer. | ||||||||||||||
| B | Under the Competition Act, 2002, any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller is known as exclusive supply agreement. Hence, option ‘B’ is correct answer. | ||||||||||||||
| c | Under the common law, abatement is known as self-help remedy, because the owner of the land affected may take action to abate the damage. The common law remedies available to a plaintiff, depending upon the particular circumstances of each case, are given below: · Damages: The object of damages in the law of tort is to put the plaintiff into the position he would have been in, had the harm or damage not happened. Under environmental legislations, the most common form of damages that may be awarded by the Courts are compensatory damages, where the plaintiff is compensated for any loss that has been suffered. · In addition, or as alternative to damages, the plaintiff may seek an injunction. An injunction allows the Court to require the defendant to discontinue the operation, which is causing the damage. · The rule that the defendant is liable for the harm even though the same is unintentional and also without negligence on the part of the defendant is known as rule of strict liability. · The rule, when an enterprise is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the people, it owes an absolute and non-delegable duty to ensure that no harm results to anyone from such activity is known as rule of absolute liability. Hence, option ‘C’ is correct answer. | ||||||||||||||
| c | The most commonly known Alternative Dispute Resolution methods are: · Arbitration · Conciliation · Mediation · Negotiation. Litigation is the method of resolving a dispute by taking resort to the Courts. | ||||||||||||||
| D | According to the provisions of the Competition Act, 2002 restrictive trade practice includes any agreement to sell goods on condition that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged. Therefore, in the given case, the agreement amounts to exclusive resale price maintenance by Sree Leathers Ltd., it amounts to an restrictive trade practice. Hence, option ‘D’ is correct answer. | ||||||||||||||
| C | According to Section 8 of the Banking Regulation Act, 1949 notwithstanding anything contained in Section 6 or any contract, no banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realization of the security given or held by it, or engage in any trade, or buy, sell or barter goods for others otherwise than in connection with bills of exchange received for collection or negotiation or with such of its business as refereed to in clause (i) of subsection (1) of Section 6. Hence, option ‘C’ is correct answer. | ||||||||||||||
| E | It is the principle of insurance by which the insured is prevented from recovering more than his loss, despite having several insurance policies. It states where the assured is over insured by different policies, each insurer is to contribute ratably to the loss in proportion to the amount for which he is liable under his contract. If any insurer has already paid the loss to the assured irrespective of his share, the said insurer in entitled to receive the contribution from other co-insurers or joint insurers. Therefore, in the given instance, Reliable Insurance and Medisure Insurance should pay the total amount of Rs.1,80,000 in the ratio of their respective liabilities i.e. 2:3. Hence, option ‘E’ is correct answer. | ||||||||||||||
| D | According to Section 11 of the Negotiable Instruments Act, a promissory note, bill of exchange or cheque which is both drawn or made in India and made payable in India, is deemed to be an inland instrument. Therefore, in the given instance, a bill drawn in Mumbai upon a resident of Bangalore, payable in Paris is an inland bill. Hence, option ‘D’ is correct answer. | ||||||||||||||
| C | Marine insurance contract is a short term contract that is for a maximum period of one year or for a period of voyage or for such period till such act or purpose is completed. | ||||||||||||||
| a | Enforcement under the provisions of the SARFAESI Act, 2002 applies to secured loans classified as non-performing assets. Hence, option ‘A’ is correct answer. | ||||||||||||||
| b | Under the Negotiable Instruments Act, 1881, when a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called an escrow. | ||||||||||||||
| e | The recognition of documents in electronic form for the governmental purposes does not confer on any one the right to insist the acceptance of a document in electronic form. Hence, ‘E’ is correct answer. All other statements are true in respect of electronic governance under the Information Technology Act, 2000. | ||||||||||||||
| B | · District Forums have jurisdiction to entertain where the value of goods or services and compensation if any, claimed does not exceed Rs.20,00,000. · State Commission is having jurisdiction to entertain complaints where the value of goods or services and the compensation if any claimed exceeds Rs.20,00,000 lakhs but does not exceed Rs.1,00,00,000(Rupees one crore) · High Court has no jurisdiction to entertain complaints under Consumer Protection Act · National Commission has jurisdiction to entertain complaints where the value of the goods or services and compensation if any, claimed exceeds Rs.1,00,00,000 (Rupees one crore) Supreme Court has no original jurisdiction and only appeals against decisions of National Commission can be filed. Hence, option ‘B’ is correct answer. | ||||||||||||||
| a | Broadly, all disputes involving Civil Rights, which fall within the jurisdiction of Civil Courts, are referable to Arbitration. No arbitration agreement can validly be executed which calls for the adjudication of the following matters: · Matrimonial matters and matters connected with conjugal rights. · Industrial Disputes and Revenue matters. · Testamentary Matters under the Succession Act. · Insolvency, Dissolution and Winding-up Proceedings under Companies Act. · Criminal Proceedings. · Matters under Indian Trust Act, Trusteeship of Charitable Institutions, Public charity, matters falling within the purview of Monopolies and Restrictive Trade Practices Act. · Determination of guardianship or Wards. | ||||||||||||||
| B | The release of unwanted chemicals and substances into the water, decreasing the water quality is called as water pollution. Therefore, in the given instance, the company is liable for causing water pollution as the quality of ground water has decreased. Hence, option ‘B’ is correct answer. | ||||||||||||||
| C | Section 12 of the Information Technology Act, 2000 states that if the originator stipulates that electronic record shall be binding on receipt of the acknowledgement of the record, it is binding only on the receipt of acknowledgement by the originator. Therefore, in the given instance, the contract can be enforced only after receipt of acknowledgement by Sarabjeet who is the originator of the contract. Hence, option ‘C’ is correct answer. | ||||||||||||||
| D | A contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure. It also includes liability to a third party incurred by the owner of the ship or other person interested in the property assured on happening of the maritime event. This maritime peril or event of risk is consequent on, or incidental to, the navigation of the sea, that is to say perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy. Therefore, in the given instance, a claim can be filed in respect of the loss of cargo of MV Kalyanee as it is deemed to have sunk by action on the part of enemy in having sunk MV Rajani. Hence, option ‘D’ is correct answer. | ||||||||||||||
| B | When one person signs and delivers to another, a stamped instrument which is either wholly blank or incomplete, he thereby gives a prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein, and not exceeding the amount, covered by the stamp. Therefore, Chinmay can recover the amount from Ananth as Chinmay being the holder in due course but the stamp affixed must permit the amount. Hence, option ‘B’ is correct answer. | ||||||||||||||
| D | The trading system of the National Stock Exchange is known as National Exchange for Automated Trading (NEAT). | ||||||||||||||
| B | The definition of insurer under section 2(a) of the Insurance Act does not include a Principal Agent, Chief Agent, Special Agent or an Insurance agent either appointed under any Act or recognized by the Act undertaking insurance business. | ||||||||||||||
| d | The law presumes every holder is a holder in due course, although the presumption is rebuttable. All other statements are true under the Negotiable Instruments Act, 1881. Hence, ‘D’ is correct answer. | ||||||||||||||
| D | E-mail contracts may be categorized as the non-instantaneous forms of communication. Hence, option ‘D’ is correct answer. | ||||||||||||||
| d | According to Section 24-A of the Consumer Protection Act, 1986, the District Forum, State Commission or National Commission shall not admit a complaint unless it is filed within two years from the date on which cause of action has arisen. | ||||||||||||||
| E | Carbon dioxide and water vapour absorb infrared radiation coming to the earth and partly reflect it back to the earth’s surface, due to this, the earth’s surface gets heated up. This phenomenon is called green house effect. Due to global warming, the rate of evapouration of water from seas, rivers and ponds is increasing rapidly, leading to untimely rains, cyclones and hurricanes. All other statements are false. Hence, option ‘E’ is correct answer. | ||||||||||||||
| E | Arbitration agreement has been defined in Section 7 of the Arbitration and Conciliation Act, 1996 as an agreement by the parties (two disputants) to submit to arbitration all or certain of the disputes which have arisen or which may arise in future between them with regard to a defined legal relationship, whether contractual or not. Thus an arbitration agreement may be: · In the form of an arbitration clause in the contract, or · In the form of a separate agreement. Therefore, in the given instance, the arbitration clause is valid as no separate agreement is required between the parties to submit their disputes to arbitration. Hence, option ‘E’ is correct answer. | ||||||||||||||
| C | Consumers do not include persons who obtained goods and services for commercial purposes. In the decide case of State Government of Maharashtra vs. Hindustan Computers Ltd., the purchase of photo-copying machine by State Government for complying with statutory provisions of photo-copying registered documents for public was held a purchase not for commercial purpose. Therefore, in the given instance, the purchase of the photocopying machine cannot be deemed to be for commercial use as it was purchased to comply with statutory requirement for use by public. Hence, option ‘C’ is correct answer. | ||||||||||||||
| A | Any secured interest created in favour of any secured creditor may be enforced without intervention of Court or Tribunal. Therefore, in the given instance, the bank can take over the open land and proceed to recover its dues directly without any intervention of any Court or Tribunal. Hence, option ‘A’ is correct answer. | ||||||||||||||
| E | The insurance contract is an aleatory, voluntary, executory and conditional contract between the two parties. All the formalities required to form a valid contract are to be observed in formulating the contract. Failure of a precedent condition invalidates an insurance contract like a general contract. Therefore, in the given instance, the insurer is not liable as the giving of wrong address amounts to breach of one of the conditions on which the policy was issued. Hence, option ‘E’ is correct answer. | ||||||||||||||
| c | In Restrictive Crossing the words “Account Payee” are added to the general or special crossing. The words “Account Payee” on a cheque are direction to the collecting banker that the amount collected on the cheque is to be credited to the account of the payee. “Account Payee” cheques are not negotiable. According to Section 124, where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable” that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker. According to Section 130 of the Act, the effect of the words “not negotiable” on a crossed cheque is that the title of the transferee of such a cheque cannot be better than that of its transferor. The addition of the words “not negotiable” does not restrict the further transferability of the cheque. The object of crossing a cheque “not negotiable” is to afford protection to the drawer or holder of the cheque against miscarriage or dishonesty in the course of transit by making it difficult to get the cheque so crossed cashed, until it reaches its destination. Hence, ‘C’ is the correct answer. | ||||||||||||||
| C | All general insurance contracts are short-term contracts. The expired contracts can be revived by renewal and renewal of contract amounts to a fresh contract. Presence of insurable interest is essential. Amount payable as compensation depends on various factors including intention of the insured. Hence, option ‘C’ is correct answer. | ||||||||||||||
| c | The Reserve Bank of India (RBI) acts as a banker to Government of India and all State Governments. The RBI transacts Government business by carrying out the functions of - · Maintaining cash balances · Receiving and making payments for Governments · Managing public debt · Providing ways and means advances to Government for 90 days. · Advising Government on floating of loans and legislation affecting banking. Issue and regulation of currency is a function that is performed by Reserve Bank of India as the Central Bank of India. | ||||||||||||||
| b | The provisions of Section 31 of the Reserve Bank of India Act, 1934 states that no other person other than the Reserve Bank of India or the Central Government, can draw, accept, make or issue any bill of exchange, hundi or promissory note payable to bearer on demand nor make or issue any promissory note payable to the bearer of the instrument. Section 32 provides that a person is punishable with fine if he issues a bill or note payable to bearer on demand or a note payable to bearer. Hence, ‘B’ is correct answer. | ||||||||||||||
| E | A writ petition filed by the aggrieved person, whether on behalf of the group or together with the group can be treated as Public Interest Litigation. However, · The writ petition should involve a question, which affects public at large or group of people, and not a single individual. · Only the affected/aggrieved person can file a writ petition. · There should be a specific prayer, asking the Court to direct the State Authorities to take note of the complaint/allegation. Hence, option ‘E’ being the combination of Statements (I), (II) and (III) is correct answer. | ||||||||||||||
| D | When a person is guilty of an illegal omission causing any common injury, danger or annoyance to the public or people in general who dwell or occupy property in the vicinity, or which necessarily causes injury, obstruction, danger or annoyance to persons who has occasions to use public right, it amounts to public nuisance. Hence, option ‘D’ is correct answer. | ||||||||||||||
| D | During the pendency of conciliation proceedings, a party is debarred from initiating arbitral or judicial proceedings on the same dispute, except such proceedings as are necessary for preserving his rights. By implication, there is no bar for continuing any judicial or arbitral proceedings, which were initiated already pending settlement in the conciliation proceedings. Therefore, in the given instance, the dispute can be taken to the Court only if such proceedings are necessary for preserving the rights of Ramnath & Co. Hence, option ‘D’ is correct answer. | ||||||||||||||
| E | The Redressal Agencies are now empowered under Section 13(3B), 18 and 22 respectively to pass interim orders during the pendency of any proceedings, as it feels necessary in the circumstances of the case. Section 25(1) provides that where the interim orders of the Redressal Agencies are not complied with, the Forums may order attachment of property of the person who has not complied with the order, which shall be effective for a period of three months. If the non-compliance continues, the property attached shall be sold and damages will be awarded to the complainant from out of the sale proceeds. [Section 25(2)]. Therefore, in the given instance, the District Forum is empowered to issue interim orders and attach property of the respondent upon his failure to comply with the interim orders. Hence, option ‘E’ is correct answer. | ||||||||||||||
| E | During an investigation or pending enquiry, in order to protect the interests of investors or the securities market, the Securities Exchange Board of India (SEBI) may: · Suspend trading of a stock in a stock exchange. · Restrain persons from accessing the securities market and prohibit any person associated with the securities market to buy, sell or deal in securities. · Suspend any office bearer of any stock exchange or self regulatory authority. · Impound and retain the proceeds or securities of any transaction under investigation. · Attach after the specified process, for a period not exceeding one month, the bank account(s) of any intermediary or any person associated with the securities market in a matter involving violation of the provisions of the SEBI Act. Therefore, in the given instance, SEBI is empowered to suspend the trading of the stock of Mahesh Industries Ltd., to protect public interests pending enquiry. Hence, option ‘E’ is correct answer. | ||||||||||||||
| B | In case of life insurance policies, insurable interest is also recognized in the policies where the creditor has purchased the policy in the name of a debtor. Therefore, in the given instance, Vinod can claim Rs.50,000 from the insurance company as Vinod being the creditor has an insurable interest in the life of Anil, his debtor. Hence, option ‘B’ is correct answer. | ||||||||||||||
| c | An indorsement can be blank or general, special or full, restrictive, partial and conditional or qualified. · If the endorser signs his name and adds a direction to pay the amount mentioned in the instrument to, or to the order of a specified person, the indorsement is said to be special or in full. · An indorsement is said to be blank or general if the endorser signs his name only on the face or back of the instrument. · An indorsement is restrictive which prohibits or restricts the further negotiation of the instrument. · An indorsement is partial which purports to transfer to the endorsee only a part of the amount payable on the instrument. · An indorsement is conditional or qualified which limits or negatives the liability of the endorser. Hence, option ‘C’ is correct answer. | ||||||||||||||
| E | After the process of designing and manufacturing the product, the product will be put into market. If the product is put in the market, without appropriate warning labels or instructions, which may prevent the consumer or the plaintiff from recognizing the defects in the product, or to make them know the safety methods of use and application of the product, then the manufacturer may give an opportunity to the consumer to claim for the injury, alleging marketing defects. Therefore, in the given case, Radhika can bring a product liability claim alleging marketing defect in the cleaning liquid due to which she could not take safety precautions and she was injured. Hence, option ‘E’ is correct answer. | ||||||||||||||
| D | Listed companies are obligated to furnish unaudited financial results on a half-yearly basis within two months of the expiry of the period. The said details enable the investing public to exercise their discretion on such matters. It may be noted that unaudited not audited financial results are required to be furnished. Therefore, in the given instance, listed companies are obligated to furnish audited financial results on a half-yearly basis that enables investor to exercise their discretion in respect of the share is a false statement. Hence, option ‘D’ is correct answer. | ||||||||||||||
| A | The insurer undertakes to protect the insured from a specified loss. In general, the contract of insurance is the contract of indemnity in which the insurer promises to indemnify the insured from the loss or damage of asset due to risk attributed to it. It is the payment of money or the pecuniary interest that is compensated due to happening of a certain event to the insured subject. Therefore, in the given instance, the insurance company can refuse to pay the compensation as risk of loss by flood was not covered by it. Hence, option ‘A’ is correct answer. | ||||||||||||||
| a | A person who takes a cheque that bears the words “not negotiable” acquires no better title than that of his immediate transferor. The true owner of the instrument can claim the instrument or the money from the said person. However, under Sections 128 and 131, the paying and collecting bank will be exonerated from any liability if it can be proved that the payment and collection were made in good faith and without negligence. For example, a cheque that is payable to bearer and crossed generally with the words “not negotiable” is stolen and subsequently comes into the hands of ‘B’ who takes the instrument in good faith and gives value for it. ‘B’ pays the cheque into his own account and his bank collects the payment from the drawee bank. By virtue of Sections 128 and 131, the drawee bank and the collecting bank are exonerated from liability on the cheque. However, as ‘B’ does not acquire a good title to the cheque, he is liable to refund the money to the true owner. The cheque in the given case is not negotiable and therefore as regards the true owner, ‘B’ is in no better position than his immediate transferor. Hence, in the given instance, as Manohar does not acquire a good title to the cheque, he is liable to refund the money to the true owner. | ||||||||||||||
| B | Fire insurance policies cover the risk from fire and incidental to fire. The fire insurance policies are of short duration. Essential principles of fire insurance are insurable interest and principle of indemnity. Ignition and combustion are important ingredients of fire, without which the fire policy is not operative. Hence, option ‘B’ is correct answer. | ||||||||||||||
| E | Asset reconstruction involves the following measures under Section 9 of the SARFAESI Act, 2002: · Rescheduling of payment of dues payable by the borrower · Enforcement of security interest in accordance with the provisions of the Act · Settlement of dues payable by the borrower · Taking possession of securities An Asset Reconstruction Company issues security receipts to the Qualified Institutional Buyers (QIB). Asset reconstruction dos not involve this process. Hence, option ‘E’ is correct answer. | ||||||||||||||
| A | Under the Negotiable Instruments Act, 1881, notice of dishonour is unnecessary when · When notice is expressly waived · Where the drawer countermands payment · When the party is not likely to suffer any damage for want of notice · When the party entitled to notice cannot after due search be found · Where the party required to give notice, is unable to do so, without any fault of his · When one of the drawers is also an acceptor · When the note is not negotiable · When notice of dishonor is waived impliedly. Therefore, when the party is not likely to suffer any damage for want of notice, notice of dishonour is not required but where the party is likely to suffer any damage for want of notice, notice of dishonour is required. Hence, ‘A’ is correct answer. | ||||||||||||||
| a | The provisions of the Information Technology Act, 2000 are not applicable to the following set of documents: · A negotiable instrument as defined in Section 13 of the Negotiable Instruments Act, 1881 (excluding cheques as amended); · A power-of-attorney as defined in Section 1A of the Power of Attorney Act, 1882; · A trust as defined in Section 3 of the Indian Trusts Act, 1882; · A will as defined in clause (h) of Section 2 of the Indian Succession Act, 1925 including any other testamentary instrument ; · Any contract for sale of conveyance of immoveable property or any interest in such property; The provisions of the Information Technology Act, 2000 are applicable to all the other options. | ||||||||||||||
| B | The salient features of the Consumer Protection Act, 1986 are: · The Act applies to all goods and services unless specifically exempted by the Central Government. · It covers all the sectors whether private, public or cooperative. · The provisions of the Act are compensatory in nature. · A provision for issue of interim orders by the redressal forums. · Power to issue punitive damages. · Recovery of compensation amount through a certificate in the same manner as arrears of land revenue. · Creation of benches of State and National Commissions. Hence, option ‘B’ is correct answer. | ||||||||||||||
| e | · Dispute resolution through ADR mechanism is generally faster and less expensive. · Most ADR processes are based on an integrative approach. · Some critics of the ADR mechanism believe that it encourages compromise that can be a good way to settle some disputes but not appropriate for serious justice conflicts and cases of intolerable moral difference. · ADR settlements are in private and not in the public record or exposed to public scrutiny which can be a cause for concern in some cases. · One of the advantages of ADR is that, participating in an ADR process will often ultimately improve, rather than worsen, the relationship between disputing parties. | ||||||||||||||
| A | The modified definition of manufacturer includes a person who puts or causes to be put his mark on any product (whether he manufactured it himself or not). In the decided case of Namdeo Bajirao Raut vs. Hindustan Lever Ltd., the complainant established that the seeds purchased by him were defective. He alleged that the seeds were produced and marketed by the defendant company. The defendant contended that the seeds were in fact produced by a company in Gujrat. But the bag containing the seeds bore the words that the seeds were both produced and marketed by the defendant company. The State Commission held that the defendant by lending his brand name even to the production of seeds has made itself liable for the defect in the goods. Therefore, in the given case, Pyaremohan Prajapati can file a suit against CTC Ltd., for supplying defective seeds. Hence, option ‘A’ is correct answer. | ||||||||||||||
| A | Click-wrap or web-wrap agreements are commonly used in connection with e-commerce transactions. These agreements are typically used to specify the terms and conditions applicable to the use of the website as well as to the products and services purchased over the Internet. With these agreements, the buyer or user explicitly assents to these terms by clicking on a button ‘I agree’ or ‘I accept’ after having an opportunity to review the terms. An act by the buyer affirmatively assenting to the terms of the click-wrap agreement significantly enhances its enforceability. Therefore, in the given instance, as the agreement amounts to a ‘click-wrap’ agreement, Nilesh is bound to take delivery and make payment. Hence, option ‘A’ is correct answer. | ||||||||||||||
| C | The proximity of cause is an important element of insurance contract. The payment of compensation depends upon the nature and proximity of the cause that resulted in the loss of the asset. It is the cause without which the loss would not have occurred. It is the cause which is most closely and directly connected with the loss not necessarily in time but in efficiency and effectiveness. This doctrine is applicable when the insured peril need not be the initial cause and it is not direct result of the operation of an external peril, but then the risk insured against must actively take place. An insurer is liable for any loss proximately caused by a peril insured against. Therefore, in the given instance, Kushal can file a claim for loss by fire as his house got wrecked due to explosion by fire. Hence, option ‘C’ is correct answer. | ||||||||||||||
| e | A drawee bank is liable to make payment only if the cheque is presented to it during the usual banking hours. Where the bank holds sufficient funds of the customer but wrongfully dishonors the customer’s cheque, then it is liable not only for any monetary loss suffered by the customer but also for loss or injury to the reputation of the customer. It should be noted that a drawee bank is liable only to the drawer in case of wrongful dishonor of a cheque. Thus, the holder of a cheque cannot enforce payment upon the same from the bank as there is no privity of contract between the two. This is the case, even when the bank has sufficient funds of the customer. The remedy of the holder of a cheque lies against the drawer of the cheque and not against the bank. Hence, in the given instance, the bank is liable not only to compensate for the monetary loss suffered by Amrita but also to pay compensation for the loss to Amrita’s reputation. The bank has no liability towards Bindu. | ||||||||||||||
| B | A insurance contract between the owner of a factory and the insurer, whereby the insurer will compensate the owner from the liability of payment of compensation to the employees handling hazardous substances in classified as public liability insurance. | ||||||||||||||
| E | Consideration in the contract of insurance is the payment or the consent to pay the premium by the proposer and a promise to pay or compensate or indemnify by the insurer in accordance with the terms and conditions incorporated in the policy. Thus, there are two promises by the proposer and promisee. These are reciprocal promises undertaken and agreed by the parties. Hence, option ‘E’ is correct answer. | ||||||||||||||
| B | An instrument should be payable either at maturity or after the date of maturity. An instrument paid before the date of maturity is not a payment in due course. It was held in Burbridge vs. Manners that a bill paid before maturity and subsequently endorsed is valid in the hands of a bona-fide endorsee. Hence, ‘B’ is correct answer. | ||||||||||||||
| B | One creates a document when one composes an electronic mail message; it becomes a record when one sends it. | ||||||||||||||
| B | The National Commission is empowered under section 2(22) to review its own decision/order where there is a patent error. This power is limited to review errors apparent from the records and not all errors. There is no similar power to the District Forum or the State Commission. | ||||||||||||||
| D | The natural causes of pollution include floods, cyclones, earthquakes and molten lava from volcanoes. Since, they are the agents of nature and the man has no control over them, they are known as natural causes. Man-made causes include: · Population growth and Industrialization · Poverty and unhygienic settlements · Urbanization · Depleting natural resources and rising population · Deforestation. However afforestation is not a cause of environmental pollution. Hence, option ‘D’ is correct answer. | ||||||||||||||
| D | According to the Doctrine of Absolute Liability formulated by the Supreme Court in the decided case of M.C. Mehta vs. Union of India, when an enterprise is engaged in a hazardous or inherently dangerous industry, which poses a potential threat to the health and safety of the people, it owes an absolute and non-delegable duty to ensure that no harm results to anyone from such activity. If the harm results to anyone due to such activity, the enterprise must be absolutely liable to compensate for such harm and should not be allowed to avoid liability by pleading that it was not negligent. Therefore, in the given instance, the owners of the tannery can be held liable for polluting the atmosphere under the doctrine of absolute liability. Hence, option ‘D’ is correct answer. | ||||||||||||||
| B | Conduct of any contest, lottery, game of chance or skill for the purpose for promoting directly or indirectly the sale, use or supply of any product or any business interest is considered as an unfair trade practice. Therefore, in the given instance, the contest amounts to unfair trade practice as it assumes the character of a lottery in respect of the early-bird prizes as no skill or correctness of answers is required. Hence, option ‘B’ is correct answer. | ||||||||||||||
| B | The IRDA is empowered to issue a certificate of registration, renew, modify, withdraw, suspend or cancel such registration to the applicant i.e., insurance company. Therefore, in the given instance, IRDA is empowered to issue, renew, modify, withdraw, suspend or cancel a certificate of registration. Hence, option ‘B’ is correct answer. | ||||||||||||||
| a | According to section 25 of the Negotiable Instruments Act, 1881, when the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day, i.e. January 25, 2009. Hence, ‘A’ is correct answer. | ||||||||||||||
| C | Normally, only securities which are listed on the Exchange are permitted to be traded on the Exchange. But with a view to facilitate trading in securities of the companies which are traded at other Regional Stock Exchanges but not listed on the Exchange, it was decided to permit trading in securities provided they meet the relevant norms specified by the Exchange. They are known as ‘Permitted Securities. | ||||||||||||||
| C | A reinsurance transaction can be defined as an agreement between a ‘Ceding company’ and a reinsurer, whereby the former agrees to ‘cede’ and the latter agrees to accept a certain specified share of risk or liability in return for premium upon terms as set out in the agreement. | ||||||||||||||
| d | The liability of the drawee does not arise until the bill is accepted. After the bill is accepted by the drawee he is known as acceptor accepting the instrument. In all other cases, the parties to the negotiable instrument are discharged from their liability. Hence, ‘D’ is correct answer. | ||||||||||||||
| e | Under the Information Technology Act, 2000, hacking with computer system causing wrongful loss or damage to public is punishable with imprisonment up to 3 years and fine up to Rs.2 lakh or both. | ||||||||||||||
| A | Anti-competitive agreements are classified into: · Vertical agreements that include Tie-in arrangements, Exclusive supply agreements, Exclusive distribution agreements and Resale price maintenance. · Horizontal agreements (in relevant markets) that include Prices, Quantities, Bids, Market sharing and Refusal to deal. Hence, option ‘A’ is correct answer. | ||||||||||||||
| A | The following table depicts the causes and the main effects of various pollutants in water:
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