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323

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Roll No

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 6 Total number of printed pages : 4

NOTE : Answer ALL Questions.

PART A

1. (a) What are the short-term and long-term objectives of India's foreign trade policy ?
(b) Write a note on the evolution and development of Indian competition laws.
(c) What is 'trade mark' ? Comment on the benefits of trade mark to all stakeholders.
(d) Describe the essential conditions required for transfer for benefit of unborn person.
(e) Discuss the concept of ignorantia juris non excusat.
(5 marks each)

Attempt all parts of either Q.No. 2 or Q.No. 2A

2. (a) Who is an 'author' under the provisions of the Copyright Act, 1957 for musical and
other classes of work ?
(b) Distinguish between 'English mortgage' and 'mortgage by conditional sale'.
(c) What is 'e-stamping' ? Also, discuss its benefits.
(d) State the difference in rules of making offer and acceptance when the mode of making
the same varies from post to telephone and e-mail as governed by the Information
Technology Act, 2000.
(e) Discuss briefly the process of money laundering.
(3 marks each)

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OR (Alternate question to Q.No. 2)

2A. (i) What do you understand by 'restrictive trade practices' ?


(ii) What is meant by 'piracy of a design' ?
(iii) Tarun has two properties, Property-X and Property-Y. He sells his Property-Y to Jolly
and puts a condition that Jolly should not construct more than one storey on
Property-Y so that Property-X, which he retains, shall have good light and free air.
Whether the condition imposed by Tarun is 'valid' under the Transfer of Property
Act, 1882 ? Give reasons.
(iv) What is 'intent and obligation' of foreign direct investment in India under the Foreign
Exchange Management Act, 1999 ?
(v) Explain briefly the terms 'conciliation' and 'mediation'.
(3 marks each)

3. (a) Sohan has a truck which was driven by a driver, Shyam, but Shyam did not have
valid licence for driving the truck. The truck was insured with an insurance company.
On the way, all of a sudden the truck started burning. Sohan filed a claim with the
insurance company. The insurance company repudiated the claim on the ground that
driver of the said truck did not have valid driving licence. The truck owner pleaded
that the claim is not related to 'driving' of the truck but the insurance company did not
change its earlier decision. Sohan filed a complaint with the District Consumers' Disputes
Redressal Forum.
Will Sohan succeed ? Discuss with reference to decided case, if any.
(5 marks)
(b) A young boy ran away from his father's home. His father issued a pamphlet offering
a reward of `5 lakh to anybody who would bring the boy home. Arun saw the boy
at a railway station and sent an e-mail to the boy's father.
(i) Is Arun entitled for reward ?
(ii) In the light of the above case, explain the rules governing offer.
(5 marks)
(c) Discuss the objectives and functions of the Financial Action Task Force (FATF).
(5 marks)

2/2016/ECL Contd ........


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4. (a) State the salient features of the Special Economic Zones Act, 2005. Also, state the method
of appointment and functions of the Development Commissioner.
(8 marks)
(b) What is direct investment outside India ? Discuss the regulations in respect of acquisition
and transfer of immovable property outside India.
(7 marks)

PART B

5. (a) What do you understand by International Organisation of Legal Metrology (OIML)


Certificate System ?
(3 marks)
(b) Write a short note on the doctrine of cypres relating to trusts.
(3 marks)
(c) State the circumstances under which a society registered under the Societies Registration
Act, 1860 may sue a member of society treating him as a 'stranger'.
(3 marks)
(d) What do you mean by 'new article' under the Industries (Development and Regulation)
Act, 1951 ?
(3 marks)
(e) Explain the constitution of State Pollution Control Board.
(3 marks)

Attempt all parts of either Q.No. 6 or Q.No. 6A

6. (a) What do you mean by 'hazardous substance' under the Environment (Protection)
Act, 1986 ? Examine the status of electricity as a hazardous substance.
(5 marks)
(b) Discuss the criteria of classification of enterprises into micro, small and medium enterprises
under the Micro, Small and Medium Enterprises Development Act, 2006.
(5 marks)
(c) Discuss 'essential commodities' under the Essential Commodities Act, 1955.
(5 marks)

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OR (Alternate question to Q.No. 6)

6A. (i) What do you understand by registration of documents ? State the effect of
non-registration of documents required to be registered.
(5 marks)
(ii) Describe the jurisdiction and powers of the 'Tribunal' under the National Green Tribunal
Act, 2010.
(5 marks)
(iii) Explain the concept and functions of environmental laboratories.
(5 marks)

2/2016/ECL Contd ........

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