[No.

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LAW670 Enrol. No.

[FMS]

END SEMESTER EXAMINATION

APRIL MAY, 2015

LEGAL ASPECTS OF BUSINESS

Time: 3 Hrs. Maximum Marks: 70

Note: Attempt questions from all sections as directed.

SECTION - A
(30 Marks)
Attempt any five questions out of six.
Each question carries 06 marks.

1. Can a minor be admitted to a partnership firm? If

so what are the rules governing his/her rights
and liabilities during minority and after attaining
majority ?

2. Holder-in-due-course gets a better title than the

transferor of a negotiable instrument. Explain.

Nemo dat quod non habet'. Explain the maxim and

discuss the exceptions to the rule.

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LAW670 2

What is LLP ? Explain the various merits of a LLP

4.
4.
compared to a company.
form of business as

What are the different types of damages available to

an aggrieved party in the event of breach of contract ?

Explain.

Write short notes

(a) Contract of Indemnity

(b) Indorsement

SECTION - B (20 Marks)

Attempt any two questions out of three.

Each question carries 10 marks.

7. Explain the term 'director'. What are the various

modes of appointment of directors of the company?

8. Explain Memorandum of Association. Describe in

detail its various clauses.

9. What is a contract of agency ? Explain the various

modes of creation of agency. What is the extent ot

implied authority of an agent ?

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LAW6700 3

SECTION - C (20 Marks)

(Compulsory)

10. Copyright is a beneficial interest in movable property

in the actual or constructive possession of the owner
there of. The right to copy and distribute çommercially
such material may be transferred or assigned to any
other party with certain' returns caled as royalty. The
intention of the parties whether it was an assignment
of a grant of permission to use in the normal course,

be gathered from the writmg itself and the words

used therein. Gramophone Company of India Limited
the plaintiff, entered into an agreement with Shanti
Films Corporation, a film producer. According to the

agreement the copyright in the soundtrack of a film

produced by the Shanti Film Corporation (Defendant)
was assigned by it to the plaintiff. The plaintiff by the

agreement got the exclusive right to produce records,

tapes etc. of the film and sold the copies thereof.,
However, it was found that Shanti Film Corporation
has been selling the copies of the soundtrack and of
the films. Hence, the plaintiff filed a, suit against

defendant for permanent injunction against the

right and also filed an
infringement of the copy
application for temporary injunction. The plaintiff
claimed that the agreement prima - facie reveals that

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LAW670

there is an assignment of copyright of the soundtrack

in its favour. There are no,restrictions to use the
copyright. Therefore, the publication of soundtrack of
the film in question or reproduction of records without
its authority, will prima facie be infringement of
copyright. However the defendant denied the claim
stating that it is there own production and hence, no
one can stop them for reproduction.

Discuss the issue with reference to the relevant

provisions of the Copyright Act, 1957.

(574)
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LAW670 Enrol. O
[LAW]
END SEMESTER EXAMINATION: APRIL-MAY, 2016

LEGAL ASPECTS OF BUSINESS

Time: 3 Hrs.
Maximum Marks: 70
Note: Attempt questions from all sections as directed.

SECTION - A
(30 Marks)
Atempt any five questions out of six.
Each question carries 06 marks.

1Define the term

partnership and explain the various
types of partners that can be admitted in
business.
2. Expain the concept and role of Article of
How is it different from
Association.
Memorandum of Association?
3Examine the concept of Limited Liability
How is it different from Partnership.
a
regular partnership?
4. Write short note on

(a) The doctirne of Caveat

Emptor (3)
(b) Classification of
debentures that can be issued
a company. by
(3)
P.T.O
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Today, the information technology has become the

part and parcel of our daily life. But there are various
instances of its abuse. Discuss the important provisions
of Information Technology Act 2000 dealing with this
1Ssue.

6.Write
6. a short note on the concept of Intellectual
Property Rights.

SECTION B (20 Marks)

Attempt any two questions out of three.
Each question carries 10 marks.

7. Explain the term prospectus and decribe the statutory

contents of the prospectus of a public company limited
by shares. What is the golden legacy rule regarding
prospectus?

Examine the term Consumer as defined under

Consumer Protection Act and explain the rights that
are available to the consumers under the Act. Also
narrate the limitation on these rights.

9. (a) EXplain the term Unfair Trade Practices. What

can be considered as Unfair Trade Practice?

(b¬ompare and contrast between Copyrights,

Trademark and Patents. How are they protected
in India?

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LAW670 3

SECTION C (20 Marks)

(Compulsory)
10. A introduces B to.C as a partner in his business. B
in fact was not a, partner but he did not deny the
statement. C advances loan to A. A could not repay
the loan. Can C hold B responsible for the repayment
of loan?

As a legal professional, discuss the liability of the B

and the firm in this regard. Give relevant provisions
and case laws.

***

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LAW670 Enrol. No.

[LAW
END SEMESTER EXAMINATION APR.-MAY, 2017

LEGAL ASPECTS OF BUSINESS

Time 3 Hrs. Maximum Marks : 70

Note: Attempt questions from all sections as directed.

SECTION A (30 Marks)

Attempt any five questions out of six.
Each question carries 06 marks.

1. What do you understand by the concept of IPR ?

Discuss its salient features.

2. Write down the difference between promissory note,

bill of exchange and cheque.

3. Discuss the process of winding up in a Company.

4. Describe the system of dissolution of partnership.

5. Discuss the provisions of registration of Patents.

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LAW670 2

6. What do you understand by copyright and discuss the

ways to protect it?

SECTION B (20 Marks)

Attempt any two questions out of three.
Each question carries 10 marks.

7. Define the process of Sale in detail. How Sale is

different from agreement to Sell ?

8. Discuss the types of meetings in a Company and

company's accountability to ROC if failure occurs in
conduct of meetings.

9. Write down the details of Indian

Partnership Act in
the light of duties of
partners.

SECTION C (20 Marks)

(Compulsory)
10. (a) Yusra bids for Mumbai -

ticket for
Bangalore
November 7 for Rs. 3700. She received an email
from the internet site announcing that she is the
highest bidder . Her PNR no. was generated and
credit card was debited. She was going to

Bangalore to attend a meeting though later on she

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LAW670 3

was informed that the meeting was postponed.

She immediately informed site through e-mail,
phone and fax that she wanted the ticket to get
cancelled and that her money to be credited back
to her account. But the company refused to pay.
State the legal rights of Yusra. (10)

(b) Goldy, a boy often, bought a plastic catapult from

Punit, a stationer. Goldy used the catapult properly
but it broke in his hands as it was made in an
indifferent manner and part of it ruptured Goldy's
eye. Punit had bought a quantity of these catapults
from Snigdha, a wholesaler, by sample and Punit's
wife had tested the sample, before placing the
order, by pulling back its elastic.

Whether Goldy could recover from Punit ?

Whether Punit could recover from Snigdha ?

(10)

(1400)
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LAW670 Enrol. No.

[LAW
END SEMESTER EXAMINATION: APRIL MAY, 2018 -

LEGAL ASPECTS OF BUSINESS

Time: 3 Hrs.
Maximum Marks : 70

Note: Attempt questions from all sections as directed.

SECTION A (30 Marks)

Attempt any five questions out of six.
Each question carries 06 marks.

1. What are the implied conditions and warranties under

the Sale of Goods Act, 1930? Discuss with
suitable
illustrations.

2. The Consumer Protection Act, 1986

provides for
consumer redressal forums. Discuss their composition
and functioning.

3. Explain the legal provisions of the Companies Act,

2013 relating to Corporate Social
Responsibility.

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LAW670 2

4. Is it
compulsory for a partnership firm to get registered?
What are the consequences of non-registration?

5 Explain the salient features of a Limited Liability

Partnership.

6. Write Short notes on

(a) Contract of Agency (3)

(b) Partner in profits only
(3)

SECTION - B
(20 Marks)
Attempt any two questions out of three.
Each question carries 10 marks.

1. What arethe remedies available to an

aggrieved party
on the breach of contract? What are the kinds of
damages that may be awarded?

8. Describe "One Person Company'. Discuss the

major
provisions for One Person Company under the
Companies Act 2013.

9 What do you understand

by the term 'consumer,
defect, 'deficiency', 'unfair trade practice' and
restrictive trade practice' under Consumer
Protection
Act, 19867

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LAW670 3

SECTION C (20 Marks)

(Compulsory)

10. India has foiled an attempt by a British pharmaceutical

company to patent usage of ginger to treat cold. While
Indians have been gulping down 'adrak chai' for
generations as a home remedy, Nicholas John Larkins,
London, filed a patent application (GB2436063) titled
"Pharmaceutical composition for the treatment of
excess mucous production" on March 16, 2006 at the
British patent office. The firm claimed a "unique
finding" in the use of ginger (Zingiber officinale) and
kutki (Picrorhiza kurroa) for the treatment of cough
and lung diseases. Within two weeks of India providing
evidence (including 18th century texts), the attempt to

pirate India's traditional medicinal knowledge was struck

down by the UK patent office in 2011.

Countering the patent claims of British pharmaceutical

company on using ginger for the treatment of cough
and cold, the department of AYUSH and Council of
Scientific and Industrial Research (CSIR) intervened
and provided evidence from age-old ayurveda and unani

books, dating back to the 18th century that talked

about ginger and kutki being used alone or in
combination with other ingredients to treat cough,
bronchial asthma and lung diseases. The books that
Were referred to as evidence by CSIR included Ilaaj-

P.T.O.

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LAW670

al-Amraaz (18th century), Bhaisajya Ratnavali and

Bharata Bhaisajya Ratnakara
(1000 BC), Bayaaz-e-
Kabir(1938 AD), Muheet-e-Azam (19th century) and
Khazaain-al-Advia from the 20th century.

India
through the Traditional Knowledge Digital Library
(TKDL) submitted its prior art evidences on April 25,
2011. The examiner terminated the
patent application
before grant. Till about 10
years ago, around 2,000
Wrong patents concerning indigenous systems of
medicine were being granted
annually at the
international level due to lack of evidence provided
by
India. The digital library has been a real boon for
India. More than 2.26 lakh rare medical formulations
which were part of the ancient Indian texts have been
dug out, transcribed, documented and digitized into
the path-breaking TKDL to protect them from
biopirates.
(a) What is the criterion for
patentability? In the light
of the above case study,
explain the non-patentable
inventions. (10)
(b) Discuss the patent examination procedure. (10)

(1100)
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LAW670 Enrol. No. ..

[LAW]

SUPPLEMENTARY EXAMINATION: JULY, 2019

LEGAL ASPECTS OF BUSINESS

Time: 3 Hrs. Maximum Marks: 70

Note: Attempt questions from all sections as directed.

SECTION - A (30 Marks)

Attempt any five questions out of six.

Each question carries 06 marks.

1. Explain free consent with the help of section 15, 16,

17 and 18 of the Indian Contract Act.

2. Define pledge and its essential features.

3. How an agency is created and discuss agency of

necessity?

4. Discuss the salient features of Indian Partnership Act,

1932

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LAW670 2

5. Explain the importance of protection of Intellectual

Property in a business.

Write about the Memorandum and Articles of

6.
Association of a company.

SECTION - B (20 Marks)

two questions 0ut of three.
Attempt any
Each question carries 10 marks.

objectives of Consumer
1.
7. Write in detail the aims and
Protection Act, 1986.

by IPR? Describe about

8. What do you understand
patent and copyright.

of a company
9. Describe the process of incorporation
and write down its advantages.

SECTION - C (20 Marks)

(Compulsory)

10. CASE - 1 (10)

movie.
Parul and Neeta went to Inox for watching a

After watching the movie they thought of eating

(S1391)
LAW670 3

something as they were very hungry. As Fun republic

was on their way they decided to have burgers and
coffee from McDonalds. As it was a Sunday evening
the parking was full. They decided to buy the burgers
& coffee via drive thru. After
taking the order they
parked their car on the service lane for eating.

Neeta kept the coffee cup which was served at 190

degree Fahrenheit between her knees to remove the
lid. Unfortunately, she spilled the coffee her
on lap.
She suffered third degree burn.

(a) Discuss the legal liabilities of McDonalds in this

case?

(b) Can Neeta sue McDonalds for compensation? Will

Parul be a part in claiming compensation?

CASE 2
(10)
Puja placed an order in Flipkart for a mobile phone
Mysteriously, the order was cancelled without
informing the customer. Puja was later informed that
the order cancelled
was
by customer which made the
consumer surprised. She contacted a customer
relationship officer but there was no help available.

P.T.O
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LAW670 4

She then proceeded by making a written complaint to

flipkart.com but on that occasion also she got no reply
from the company. Since she had already paid through
credit card, she was instructed to wait for refund of
payment. Weeks passed but the payment was not
refunded.

(c) Discuss the legal rights of both the parties involved

in the case?

(100)
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LAW670
Enrol. No. ***
800
*******

[LAW]
APRIL-MAY 2022
END SEMESTER EXAMINATION:

LEGAL ASPECTs OF BUSINESS

Maximum Marks: 70
Time: 3 Hrs.

sections directed.
Attempt questions from all
as
Note:

SECTION - A (30 Marks)

Attempt any five questions

out of six.
Each question carries 06 marks.

1. Define the concept of hire-purchase?

Describe the rights of consumers in case of purchase

2.
made online.

Elaborate the levels of consumer forums and how

3.
function for the benefit of consumers?
they

4. Write down the rights of unpaid seller?

5. Discuss the process of desolution of a partner_hip

firm.

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 LAW670 2

6. Write down three differences of MOA and AOA as

per the Company's Act.

SECTION - B (20 Marks)

Attempt any two questions out of three.
Each question carries 10 marks.

77. Define the concept of Sale and Agreement to Sell.

Also write the different features of Sale and ATS
important for the market.

8. Write in detail the features of LLP Act, 2008. How

partnership act and LLP act and work together
maintaining its legal impact?

9. Discuss the process of incorporation and registration

of a Company as per Company's Act, 2013.

SECTION - C
(20 Marks)
(Compulsory)

10. Case

A Dutch SME produces their additives in China under

the name Roi Jaguar. Their general manager in China
is tasked with making sure that the brand is protected
in accordance with Chinese law. At one point the
Chinese general manager leaves the company. Soon

(1529)
after quitting the job its former general manager has
started competing against it with
very similar products.
Also, after consulting the China IPR SME
Helpdesk,
the SME finds out the
manager has registered the
trademarks of the company in China in his own name
instead of under the Dutch company in China.

The situation escalates due to some other related

outstanding issues for which the former
general
manager still demands certain payments. The Dutch
company refuses, so the former general manager goes
to the local Authority of
ndustry and Commerce
(AIC) and shows them the trademark certificate of
Roi Jaguar, which results in the AIC
confiscating the
infringing products of the Dutch SME that carry the
name Roi Jaguar. As the Chinese trademark
registration is in the name of the former
general
manager, and the Dutch SME does not have the legal
right to the name Roi Jaguar, the former general
manager legally closes down the business of the Dutch
SME with regard to the brand Roi Jaguar.

The trademark registration carried out by the former

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LAW670
4

was done in bad-faith due to his

general manager
the Dutch SME. The Dutch
existing relationship with
trademark cancellation as the
SME thus filed for a

then
trademark was registered in bad faith, and
subsequently applied for the trademark itself. After

first having filed the trademark cancellation, which

temporarily stopped infringement of the Roi Jaguar

trademark, the Dutch SME continued to produce the

different product name. Before
product, but under a

the new product name was used, the company checked

that there were no conflicting trademarks that had

already been registered in China, with regard to

additives for that new name. The Dutch SME then

registered the wordmark, logo and the Chinese
character name of the new product. Once the
cancellation was concluded and the trademark was
applied for in the Dutch SME's name, the Dutch SME
was able to put its products under the Roi Jaguar
name back on the market.

(i) What are the points you need to be careful

while going for the registration of the
trademark?

(i) According to the above case write the points of

consideration and care while drafting your
contracts as legal professionals ensuring all
terms, conditions and obligations are clear for
both parties.

(100)
(1529)