ST. JOSEPH’S COLLEGE OF COMMERCE (AUTONOMOUS) |
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| END SEMESTER EXAMINATION – MARCH/APRIL 2016 | ||||
| B.COM(T. T.) – II SEMESTER | ||||
| C2 15 mc 202: BUSINESS AND COMPANY LAW | ||||
| Duration: 3 Hours Max. Marks: 100 | ||||
| SECTION – A | ||||
| I) | Answer ALL the questions. Each carries 2 marks. (10×2=20) | |||
| 1. | “Ignorantia juris non excusat”. Explain this phrase with a suitable example. | |||
| 2. | X tells Y, “I will sell my car to you”. X owns 4 different types of cars. Is the offer valid? Explain with regard to the provisions of an offer. | |||
| 3. | What is an Injunction? | |||
| 4. | Explain the term “Obiter dictum”. | |||
| 5. | Define a complainant as per the Consumer Protection Act, 1986. | |||
| 6. | Explain Statement in Lieu of a Prospectus. | |||
| 7. | Name any two kinds of agents. | |||
| 8. | State any two objectives of FEMA. | |||
| 9. | According to Mr. Z, Misrepresentation and Fraud are synonymous. You are required to prove him wrong. | |||
| 10. | Write down the scope of Cyber laws. | |||
| SECTION – B | ||||
| II) | Answer any FOUR questions. Each carries 5 marks. (4×5=20) | |||
| 11. | Explain the methods of Creation of Agency. | |||
| 12. | ‘An agreement with minor is void-ab-initio’. Explain the law relating to contracts with minor. | |||
| 13. | Mr. Ashok wants to deal with Foreign Exchange for a living. He came to India in 2001 after a brief period in a foreign country. He is aware about FERA and has no idea about FEMA. He appoints you for legal assistance. You are required to help him with the differences between the two. | |||
| 14. | How are shares different from debentures? Explain any four types of debentures. | |||
| 15. | Explain the various clauses of MOA. | |||
| 16. | A entered into a contract with B for the supply of 600 tons of coal to B within 6 months. A failed to make the delivery in accordance with the terms of the contract owing to government restrictions on transport of coal from collieries. But the coal was available and could be purchased in the local market.
Can A successfully plead that the contract stood discharged because of impossibility of performance? |
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| SECTION – C | ||||
| III) | Answer any THREE questions. Each carries 15 marks. (3×15=45) | |||
| 17. | Explain the different types of meetings to be held by a company. | |||
| 18. | State the jurisdiction, powers and procedure and settlement of consumer disputes by National Commission. | |||
| 19. | Explain with necessary case laws the essentials of a valid contract. | |||
| 20. | Explain what are the remedies available to an aggrieved party on the breach of contract. | |||
| 21. | Explain briefly the steps involved in formation of a company. | |||
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SECTION – D |
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| IV) | Case Study – Compulsory question. (1×15=15) | |||
| 22. | Read the cases (any 3) mentioned below and answer the question that follows by not only quoting the respective law but by also explaining the same.
a) A writes to B, “at the risk of your own life, you saved me from a serious motor accident. I promise to pay you Rs.1,000/-. “A does not pay. Advice B as to his legal rights. b) A, a minor, borrows Rs.2,000/- from B and executes a promissory note for the amount in favour of B. On his attaining majority, the minor executes another promissory note in lieu of the first which is then cancelled. Is the second promissory note valid? Elaborate. c) G pays Rs.500 to A, a civil servant employed in a Government department, in consideration of A’s promise that a Government contract which is at the disposal of his department will be placed with G. Before this can be done, A is transferred to another department. G now wishes to reclaim from A Rs.500/- paid to him. Will G succeed, Justify. d) A, a merchant of Agra, made a contract to dispatch 100 quintals of gur to B at Delhi at a certain price and B paid Rs.500 as earnest money. None of the parties knew that the Government had, sometimes previously, passed a law prohibiting transport of gur from one State to another. A was unable, by reason of this law to send the gur. B claims damages for non – performance as well as refund of the earnest money. Is he entitled to these remedies? e) A lady who knew that she was allergic to a particular hair dye developed dermatitis as a result of having her hair dyed with that substance. She did not disclose her allergy to the hair dresser. Is the hair dresser liable for breach of implied condition?
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