CMA APRIL, 2020 SPECIAL EXAMINATION

PROFESSIONAL LEVEL-II
SUBJECT: 203. COMMERCIAL AND INDUSTRIAL LAWS

Time: Three hours Full Marks: 100

 Answer THREE questions from each Group, where Q. No. 5 and 10 are compulsory
 Answer must be brief, relevant, neat and clean.
 Use fresh sheet for answering each question.

GROUP – A : COMMERCIAL LAWS

Q. No. 1
(a) “To be a contract an agreement must satisfy some conditions” – What are those conditions?
(b) Who is a minor? In which cases a person continues to be a minor until he completes the age
of 21 years.
(c) “A quasi contract is not a contract at all. It is an obligation which the law creates” Discuss.
[Marks: (5+5+5) = 15]
Q. No. 2
Discuss the circumstances where the object or consideration of an agreement is unlawful.
[Marks: 15]
Q. No. 3
(a) Define Principal and Agent. What are the essentials of an Agency?
(b) Differentiate between Sale and Agreement to Sale.
[Marks: (8+7) = 15]
Q. No. 4
State the legal position in each of the following alternative cases:
‘X’ agrees to sell 10 tons of “Basmati” rice to ‘Y’ Tk. 100,000/- per ton. State the legal position in
each of the following alternative cases:
(a) If ‘X’ deliver 8 tons of ‘Basmati’ rice.
(b) If X deliver 12 tons of Basmati rice.
(c) If X deliver 12 tons of Basmati rice and 2 tons of Dehraduni rice.
(d) If X deliver 10 tons of Basmati rice of which 2 tons of inferior quality.
(e) If X deliver 8 tons of Basmati rice in April and the remaining 2 tons in the 1st week of May.
[Marks: (3 x 5) = 15]
Q. No. 5
Write short notes on any five of the following:
(a) Promissory note;
(b) Crossing of cheques;
(c) Patent Right;
(d) Charter Party;
(e) Caveat Emptor;
(f) Bill of Lading.
[Marks: (5 x4) = 20]

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CMA APRIL, 2020 SPECIAL EXAMINATION
PROFESSIONAL LEVEL-II
SUBJECT: 203. COMMERCIAL AND INDUSTRIAL LAWS

GROUP – B: INDUSTRIAL LAWS

Q. No. 6
Differentiate between the following in the light of the Bangladesh Labour Act 2006:
(a) Commercial establishment and Industrial establishment;
(b) Retrenchment and Discharge;
(c) Annual leave and Casual leave.
[Marks: (5+5+5) = 15]
Q. No. 7
(a) What is lay off? Under what conditions laid off workers are not entitled to get any payment?
(b) What are the procedures of retrenchment? Is an employer under any obligation to re-employ
a retrenched worker?
[Marks: (8+7) = 15]
Q. No. 8
(a) What are the acts that can be treated as misconduct of an employee?
(b) Discuss under what circumstances the registration of a trade union can be cancelled by
Labour Directorate?
(c) Discuss the liability of the owner of an establishment in providing drinking water as per
Bangladesh Labour Act, 2006.
[Marks: (5+5+5) = 15]
Q. No. 9
Discuss the probable effect on the management of the Bangladesh Export Processing Zone
Authority (BEPZA) in case of introduction of CBA.
[Marks: 15]
Q. No. 10
Write short notes on any five of the following:
(a) Occupational disease
(b) Collective Bargaining Agent;
(c) Industrial dispute;
(d) Participation fund;
(e) Grievance Procedure;
(f) Minimum Wage Board.
[Marks: (5 x4) = 20]

= THE END =

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