227

Roll No

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 7 Total number of printed pages : 4

NOTE : Answer SIX questions including Question Nos.1 and 7 which are compulsory.

1. With reference to the relevant legal enactments, write notes on any five of the
following :

(i) Tie- up arrangements

(ii) Repatriation of sale proceeds
(iii) Powers of the Central Government to revoke registration of an industrial
undertaking
(iv) Money laundering
(v) Surrender of patents
(vi) Control of noise pollution.
(3 marks each)
2. (a) What is an ancillary industrial undertaking ?
(2 marks)
(b) How is the value of plant and machinery including the imported
machinery calculated ? State briefly the items to be excluded in
calculating the value of plant and machinery for an ancillary industrial
undertaking.
(5 marks)
(c) On the basis of facts mentioned below, state whether the following amount
to restrictive trade practices or unfair trade practices. Refer to relevant
case law in support of your answer :
(i) A firm of builders widely advertised for the sale of plots of land
claiming that all urban facilities are available and inviting
prospective buyers to visit the plots on Wednesdays and Fridays
whereas the builders did not actually own any piece of land.
(4 marks)
(ii) Mrs. Swapna made an application for allotment of 200 equity
shares in a limited company in response to the public issue made
by the company. However, she neither got any allotment of shares
nor the refund of the application money. A number of reminders
were sent to the company which remained unattended.
(4 marks)

2-2/2003/ELIL P.T.O.
227
:2:

3. (a) With reference to the relevant provisions of the Foreign Exchange

Management Act, 1999, advise on the following :
(i) A request has been received from a shareholder informing that she
has shifted from Mumbai to London and that her latter address is to
be recorded in the Register of Members maintained by the
company.
(ii) A non-resident shareholder of an Indian company wants to transfer
his shares to another non-resident.
(iii) Jsmile Bank Ltd., a banking company registered in Bangladesh,
wants to establish a branch office in Kolkata.
(iv) Sonali, a resident outside India, wants to transfer some of her
foreign securities to Sadhna, who is a person resident in India.
(2 marks each)
(b) State the salient features of the Competition Act, 2002.
(4 marks)
(c) A society engaged in educational programme for imparting knowledge of
political nature has been offered foreign contribution by an NRI
association in U.K. State with reasons whether the society can accept the
offer under the Foreign Contribution (Regulation) Act, 1976.
(3 marks)
4. (a) Your client wants to know whether he can register Darjeeling as a trade
mark on soaps manufactured by him. Advise.
(b) Manchanda, a publisher, wants to obtain a license to translate and publish
a literary work and seeks your advice about the relevant provisions of the
Copyright Act, 1957. Advise.

(c) State the rights of co-owners under the Patents Act, 1970. Can a co-owner
assign his rights on the patent ?
(5 marks each)
5. With reference to the provisions of the Consumer Protection Act, 1986, decide the
following giving reasons in support of your answer :
(i) Rosy made a deposit of Rs.5 lakh with a co-operative housing society for
the purchase of a flat to be built by it at a given site on the commitment to
deliver completed flat in two years time. On expiry of this period, the
society offered her the option of money back without interest or booking
of a flat of the same size on another plot situated at a distance of 2 Kms.
The reason given for the fresh offer was some litigation on the title of the
land which had hampered the progress of construction. She demanded
money back with interest @ 12%. The society refused and Rosy
approached the appropriate consumer forum for relief. Will she succeed ?

2-2/2003/ELIL Contd..
 227
:3:

(ii) Could the parents of a minor child be regarded as consumer under the
Consumer Protection Act, 1986 for filing a complaint for deficiency in
service on behalf of a minor child who collapsed for wrong treatment by
an untrained nurse in a nursing home ?
(iii) An income-tax payer went to a Government ho spital for treatment where
treatment is rendered free of charges. Being not satisfied with the
treatment, he lodged a complaint with the Consumer Disputes Redressal
Forum alleging deficiency in service and claiming compensation
contending that the income-tax paid by him has been appropriated in
providing the so-called free service by the hospital. Will he succeed ?
(5 marks each)
6. (a) Discuss the powers of the Central Government to prevent, control and
abate environmental pollution.
(b) What are the restrictions on use of industrial plants under the Air
(Prevention and Control of Pollution) Act, 1981 ?
(c) Discuss the powers of the National Environment Appellate Authority.
(5 marks each)
7. (a) Discuss any two of the following :
(i) Bonus linked with production or productivity.
(ii) Payment of subsistence allowance.
(iii) Lock-out.
(5 marks each)
(b) Attempt any five of the following stating the relevant legal provisions and
case law, if any :
(i) Can the gratuity be withheld for non-vacation of service quarters
by the retiring employees ?
(ii) Ace Ltd. notified its vacancies to the employment exchange and a
list of 20 candidates was sent by the employment exchange.
However, the company did not recruit them. Daisy, one of the
candidates, filed a suit against the company for not recruiting her,
even though her name was in the list sent by the employment
exchange. She stated that it was obligatory for the company to
make recruitment from the candidates sponsored by the
employment exchange. Will she succeed ?
(iii) Are the workmen entitled to wages for the strike period ?
(iv) A workman was dismissed from service on 15th February, 2000
after a departmental inquiry for an act of misconduct. No bonus
was paid to him for the accounting year during which he was
dismissed. Subsequently, he was reinstated by the Court with full
back wages. Will he be entitled to claim bonus along with full
back wages ?

2-2/2003/ELIL P.T.O.
227
:4 :

(v) Can the provident fund dues of an employee be attached in

execution of a decree or order of the court in respect of any debt or
liability incurred by him?
(vi) Have the Government employees a fundamental or statutory right
to go on strike?
(vii) There is a cycle stand run by a private contractor in a public theatre
premises. Whether the theatre owner will be liable as principal
employer for the payment of the ESI contributions in respect of
cycle stand attendants?
(viii) Whether a car driver engaged by the area manager of a bank for
which allowance was given to him is a workman under the
Industrial Disputes Act, 1947, if the car was maintained at the
banks expenses?
(3 marks each)

---------o--------

2-2/2003/ELIL