CMA JUNE, 2021 EXAMINATION

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

Time: Three hours Full Marks:

100
 Answer THREE questions from each part, where Q. No. 4 and 8 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) Define consideration. What are the essential elements of a valid consideration?
(b) “No action is allowed on an illegal agreement” comment to this rule.
(c) X contract to repair Y’s house in a certain manner and receives payment in advance. X
repairs the house but not according to the contract. Y incurs Tk. 1 lac to remedy the
defect. Can Y recover Tk. 1 lac from X?
[Marks: (5+5+5) = 15]
Q. No. 2
(a) What is promissory Note? What are its essential elements?
(b) Define Negotiable Instrument. Name and define the parties to a Negotiable Instrument.
(c) What is meant by “Discharge of a party”? Explain the various modes of discharge of a
party.
[Marks: (5+5+5) = 15]
Q. No. 3
(a) Define Arbitration. What matters cannot be referred to Arbitration?
(b) Describe the provision related to distinctiveness requisite for registration as per Trade
Mark Act-1940.
(c) What is Patent? State the Salient features of Patent?
[Marks: (5+5+5) = 15]
Q. No. 4
Write short notes on any four of the following:
(a) Misrepresentation;
(b) Coercion;
(c) Auction Sale;
(d) Anticipatory Breach of Contract;
(e) Contingent Contract;
(f) Minor.

[Marks: (4 x 5) = 20]

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CMA JUNE, 2021 EXAMINATION
PROFESSIONAL LEVEL-II
SUBJECT: 203. COMMERCIAL & INDUSTRIAL LAWS

GROUP- B: INDUSTRIAL LAWS

Q. No. 5
(a) How do you define industrial dispute? What are the main ingredients of industrial dispute?
(b) What are the grounds on which the registration of a trade union may be cancelled?
(c) Rupa garments workers union, which is not registered, goes on strike. Describe the legal
consequences.
[Marks: (5+5+5) = 15]
Q. No. 2
(a) What is Lay-off? Discuss the rate of compensation for the lay-off. Under what conditions
laid off workers are not entitled to get any payment?
(b) Discuss the provision of Provident Fund for workers of Non-Government establishment.
[Marks: (8+7) = 15]
Q. No. 7
Differentiate between the following in the light of the Bangladesh Labour Act – 2006
(a) Discharge and Dismissal.
(b) Sick leave and casual leave.
(c) Permanent and Temporary workers.
[Marks: (5+5+5) = 15]
Q. No. 8
Write sort notes on the following (any five):
(a) Participation fund and welfare fund;
(b) Chief Inspector;
(c) Illegal Strike;
(d) Collective Bargaining Agent;
(e) Partial Disablement;
(f) Maternity Benefits;
(g) Minimum Wage Board.
[Marks: (5 x 4) = 20]

= THE END =

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