Professional Documents
Culture Documents
II.
Descriptive
Questions
1. Abuse of dominant position Refer Page 1.22 Section 4
2. Abuse of dominant position Refer Page 1.22 Section 4
3. Relevant Market, Refer Page 1.15,1.34 Section
Relevant Geographic Market 2 (r) ,2(s),19
and Inquiry into certain
agreements and dominant
position of enterprise
Competition 1.12 (A) 3 Appeal to Supreme Court Page 1.62 Section 53T
Act,2002
Prohibition 2.11 (A) 3 The owner of the land as Page 6.5-6.7 Section
of Benami per land records shall 2(9)
Property make payment for the Benami Transaction
Transactions land standing in his/her
Act,1988 name in order to be
valid transaction and not
to be considered as
benami transaction in the
terms of section 2(9) of
the said Act.
Prevention of 3.6 (D) 2 Scheduled offence Page 4.4 Section 2(1) (y)
Money
Laundering
Act,2002
3.7 (D) 2 Punishment of Money Page 4.8 Section 4
Laundering
1.8 (D) 2
Benami Property
Page 6.5 Section 2(8)
(Property purchased in
the name of an individual,
for which consideration
was paid by another
person and such another
person enjoys the
possession of the
property.
Prohibition 1.12 (i) 4 Exclusions from Benami Page 6.5 Section 2(9)
of Benami Transaction (since the Page 6.17 Section 6
Property Prohibition on
property has been
Transactions retransfer of property
purchased in the name of
Act,1988 by benamidar
his child), it is not (no person, being a
covered as a benami benamidar shall re-
transaction and A transfer the benami
property jointly held in property held by him to
the name of brother and the beneficial owner or
they appear as joint any other person acting
owners. Hence, this is not on his behalf. In cases
a benami transaction.) where any property is
re-transferred, then such
a transaction of a
property shall be
deemed to be null and
void.
Prevention of 2.10 (C) 2 which of the practices are Page 4.3 Methods as to
Money not common schemes of how money laundering
Laundering money laundering? can be done.
Act,2002
Usage of false
trademarks/copyrights
3.3 (A) 2
Operate independently of
Page 1.22 Section 4
competitive forces
(Abuse of dominant
prevailing in the relevant
position)
market is Abuse of
dominance component.
3.12 (ii) 6
Abuse of dominant Page 1.22 Section 4
position
Competition 1.4 (B) 2 Which of the following are Page 1.15 Section 2(t)
Act,2002 not factors which need to Relevant Product
be considered for Market
determining the relevant
product market under the
Competition Act, 2002?
(Market structure and size
of market)
way of direct
investment.
In the given case study,
TBTPL lent an amount
of USD 500,000 in
foreign currency to one
of its vendors. This loan
was guaranteed by the
holding Company of the
vendor, which is located
in Mauritius.
As per the facts of the case
study and the provision
enumerated above,
TBTPL cannot give loan
to its vendor.
4.5 (A) 2
Who are eligible to
Page 3.28 Section 11
initiate corporate Persons not entitled to
insolvency process initiate insolvency
against Seaview process
Constructions?
([In order to drive
G Limited, completed a the answer for
corporate insolvency initiation of CIRP
resolution process 15 against Seaview
months prior to the date constructions, word
of making the “Operational
application. Creditor” is to be
assumed as
Note : There is an corporate person].
amendment in this
section through
explanation II .Now
such 12 months’ time
limit is irrelevant.
Read section 11 for
more details.
RERA 2016 1.3 (B) 2 Prior Registration of Real Section 3 Page 2.24
Estate Project with Real
Estate Regulatory Authority
(Descriptive Questions)
(MCQs) 3.2 (C) 2 Related party in relation Section 5(24) Page 3.16
to Corporate Debtor
Competition 3.3( A) 2 Tie in arrangement Section 3 Page 1.18
Act, 2002
(Descriptive Questions)
(Descriptive Questions)
(Descriptive 11 (a) (ii) 2 No, he cannot buy Section 6 (2) Page 5.28
Questions) agricultural farm in his
individual capacity since
it has been specifically
prohibited.
FEMA,1999 11 (a) (iii) 2 No, he cannot make Section 6 (2) Page 5.28
payment through foreign
currency notes since it is
specifically prohibited.
Act /Code Question Marks Specific Topics Included Answers (Mapping with
Involved no. ICAI Study Material)
Act /Code Question Marks Specific Topics Included Answers (Mapping with
Involved no. ICAI Study Material)
IBC,2016 11 (c) 3 Persons not entitled to Section 11 Page 3.28
initiate insolvency process
Act /Code Question Marks Specific Topics Included Answers (Mapping with
Involved no. ICAI Study Material)
Competition 12 (a) 3 Competition law and General Question , you
Act,2002 policy - It is defined as can answer based upon
your basic understanding
those Government
of the code.
measures that affect the
behavior of enterprises and
structure of the industry
with a view to promote
efficiency and maximize
welfare. There are two
elements of such
Government measures:- a
Competition Policy: Set of
policies, such as liberalized
trade policy, relaxed FDI
policy, de-regulation, etc.,
that enhances competition
in the markets. a
Competition Law: To
prevent anti-competitive
practices with minimal
intervention.
12 (b) 2 Anti-competitive agreements Section 3 Page 1.18
12 (c) 2 Inquiry into certain Section 19
agreements and dominant Page 1.34-1.36
position of enterprise
Account Transactions)
Rules 2000 (A general
permission is available
for opening of Bank
Account for the purpose
of meeting the Branch
Expenses abroad.
Authorised Dealer
Category – I banks may
allow remittance up to ten
per cent of the average
annual turnover during
the last two financial
years. But this restriction
shall not be applicable if
remittance to account
maintained abroad, made
out of the funds held in
EEFC account.
Non-Resident Indian or an
Overseas Citizen of India)
(*Regulation 5 provides a
person shall sell the
realised foreign exchange
to an authorised person
under clause (a) of sub-
regulation (1) of regulation
4, within a period of
ninety days from the date
of its receipt.
Competition 3(a) 2.5+3.5 3 (a) Abuse of dominant Section 4 Page 1.22
Act,2002 =6 position
3(b) Section 49 Page 1.54
3(b) Competition advocacy
(Central Government is
legally correct in both
the aspect ‘making
reference to’ & ‘refusal to
consider the opinion’
furnished by competition
commission as the opinion
given by the Commission
shall not be binding upon
the Central Government
or the State Government, as
the case may be in
formulating such policy.
Descriptive Questions
Descriptive Questions
RERA is applicable as
the previous society is
renamed and flats are
resold to new allottees,
making registration
mandatory.
Descriptive Questions
Descriptive Questions
FEMA 1999 1.3 (c) 2 SCHEDULE II (The list Section 6(2) Page 5.29
of permissible classes of
transactions made by
persons resident outside
India )
Being a person resident
outside India he can
acquire, hold, own and
transfer any immovable
property in India, if
inherited by him from
the person who was a
resident of India.
IBC 2016 1.5 (d) 2 No, because default Section 10A Page 3.8
occurred during a period
of suspension.
Descriptive Questions
FEMA 1999 1.7 5 SCHEDULE II (The list Section 6(2) Page 5.29
of permissible classes of
transactions made by
persons resident outside
India )
Descriptive Questions
FEMA 1999 2.6 5 Difference between NRE Not given in Study
and NRO Account and Material ,Based on
its usage general understanding
of the Act.
Competition 2.7 5 Combination ,Regulation Section 5,6 Page
Act 2002 of combination 1.24,1.27
Descriptive Questions
IBC 2016 4.4 (b) 2 Debt (Financial Debt) Section 3(11) Page 3.11
Advance payment
against allotment by
allottees to RCL shall be
considered as Financial
debt.
Descriptive Questions