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The Institute of Cost & Management Accountants of Bangladesh

Operation Level

Subject: R1- Legal Environment of Business

A) Commercial Laws - 40%

Sale of Goods Act, 1930


Definitions
1. What is a contract of sale of goods? When done an agreement to sale become sale? (Aug’14)
2. Distinguish between a sale and an agreement to sale. (Aug’15) (Aug’14)
3. What are the essentials characteristics/elements of contract for sale of goods? (Apr’15) (Aug’14)
(Dec’12) (Aug’11)
4. What are the circum stances under which the same person can be both a purchaser and seller?
(Apr’12)
5. What are the differences between condition & warranty? (Dec’11) (Aug’11)
6. What are the consequences of Breach of condition & warranty according to the sale of goods Act?
(Dec’11)
7. Define 'The Doctrine of Caveat Emptor'. Are there any exceptions to its application to the sale of
goods/ discuss the exceptions of this principle? (Apr’15) (Aug’12) (Dec’11)
8. “A contract of sale may be absolute or conditional” – Discuss (Aug’14)
9. What is a Continuing Guarantee-explain? How it is revoked? (Dec’14)
10. Why determination of time is necessary for transfer of goods? (Aug’10)
11. Distinguish among a) existing goods, b) future goods and c) contingent goods. (Dec’11)

Transfer of Ownership

12. "No seller of goods can give the buyer of goods a better title to those goods than he himself has." -
explain. Write exceptions of this rule. (Apr’15) (Aug’11)
13. When does the property and the risk of goods passes from the seller to the buyer in a contract for sale
of goods?
14. Why the question as the right to when rights to property and the risk of goods passes from the seller
to the buyer in important? (Dec’14)
15. When rights to property and the risk of goods passes from the seller to the buyer? (Apr’11)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Performance of the Contract of Sale

16. Define the term Deliver; discuss the rule relating to delivery in the Sales of Goods Act. (Dec’11)
17. What are the 3 types of delivery? (Apr ’12)
18. “Risk Prima Facie” passes with property”- discuss with at least 2 examples. (Aug’12)
19. Enumerate the rights and obligation of a buyer and a seller to each other? (Dec’13)
20. In what circumstances the unpaid seller can exercise his right of stoppage in transit? (Dec’10)
21. Differentiate between “Right of lien” and “Right of stoppage in transit”. (Aug’12) (Apr ’12)
22. Discuss the rights of unpaid seller? (Aug’10)
23. "Rules regarding sale by Auction." Discuss/What rules are to be followed regarding sale by Auction?
(Apr ’12)
24. Mr. X contracts to sell "Java sugar" according to sample produced by him. On the delivery of the
same to Mr. Y, the buyer, it appears that the sugar agrees with the sample, but it is not Java sugar.
Will Mr. Y be entitled to any remedies? (Dec’11)

Law of Contract

The Essential Elements of Contract

25. “An agreement is the total sum of offer and acceptance”-discuss. (Aug’11)
26. Discuss the essential elements or features of a Contract. (Apr’15) (Dec’15) (Dec’12)
27. Describe whether the price list to sell goods in a shop can be treated as an offer? (Aug’11)
28. Distinguish between unenforceable and illegal contract. (Dec’11)
29. In relation with law of contract, explain the meaning of intention to create legal relationship. (Apr’14)
30. “To be a contract an agreement must satisfy some conditions”. What are these conditions? (Dec’13)
31. “An agreement gives birth to a contract”-explain.
32. “An agreement enforceable by law is contract”-Explain (Dec’14)
33. “No man should grow rich out of another’s loss”- discuss in the light of Contract Act.
34. “All contracts are agreement but all agreements are not a contract”. Explain with example. (Apr’13)
35. “Insurance contract is wagering agreements”- explain.
36. Mr. X offers a reward whosoever shall bring to him lost dog. Mr. Y brings to Mr. X his lost dog. Can
Mr. Y claim the reward? Answer giving reasons. (Dec’11)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


37. Discuss the provisions related to any three of the following as per law of contract:
i. Contract made by persons not competent to contract. (Aug’14)
ii. Agreement made under wrong assumption
iii. Agreement is restraint of marriage
iv. If considerations and objects are unlawful
v. Agreement for uncertainty
38. B offered to sell his house to A for tk 50k. A accepted the offer through a letter sent by post. On the
next day A sent a telegram revoking his acceptance, which reaches B before the letter. Is the
revocation of acceptance is valid? Would it make any difference if both the letter of acceptance & the
telegram of revocation of acceptance reach B at the same time? (Aug’14)

Offer & Acceptance

39. Explain with example how an offer is made? (Apr’13) (Apr’11)


40. What are the rules of a valid offer? (Aug’12)
41. What are the essentials of a valid offer? (Apr’11)
42. Is communication of an offer necessary? (Dec’11)
43. What is the effect of refusal to accept performance by the promise? (Apr’10)
44. How an offer to be communicated and it is completed? (Aug’14)
45. “An acceptance is to offer what a lighted match is to train of gun powder”. Discuss with example.
(Dec’11)
46. “Mental acceptance is no acceptance”- explain
47. “The Law of contract is not the whole law of agreement nor the whole law of obligation”- analyze the
statement. What are the rules/essentials of a valid offer? (Aug’12) (Apr’11)
48. What is the effect of a counter offer? “A” proposed to “B” to sell his car for tk 500k. B accepted the
offer and sent a cheque for tk 200k and promised to pay the balance by ten monthly installments of tk
30k. Is A bound to sell his car to B? (Apr’15)
49. Explain whether the display of goods in a shop with price tags attached can be treated as an offer?
(Aug’14)
50. Robin writes a letter to Ripon offering to sell certain goods for tk 1000 and asking Ripon to reply by
post. Ripon writes a reply accepting Robin’s offer and posts it. The letter never reaches to Robin, who
after waiting for three days sells the goods to Rifat. Has Ripon any remedy against Robin? (Apr’14)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Consideration

51. Discuss circumstances where the Object or Consideration of an agreement is unlawful? (Aug’13)
52. Describe circumstances where contract may be enforceable without consideration. (Dec’15)
53. “A contract without consideration is void” – Explain (Apr’15)
54. “Consideration must be real but need not be Adequate”- Explain (Dec’14)
55. Explain “No Consideration, No contract”. Narrate exceptions of the comments with examples.
(Apr’14)

Void & Voidable Agreements

56. Define void & voidable agreement. (2013) (2011) (2009)


57. “Every agreement by which any one is retrained from exercising a lawful profession, trade or
business of any kind is to that extent void”- Explain with at least two examples. (Aug’13)

Capacity of Parties

58. Discuss the rules regarding Minor’s Agreement in detail. (Aug’11) (20 marks)

Free Consent

59. What is meant by free consent? (Apr’10)


60. When consent is said to be free? (Aug’11)
61. Distinguish between coercion & undue influence. (2013) (2012) (2011) (2009)
62. Differentiate between Misrepresentation and Fraud. (Aug’12)

Legality of Contract

63. Describe circumstances where contract may be enforceable even though they are illegal in some
respect. (Apr’13)
64. Under what circumstances a person can sue to enforce a contract even though he is not a party of that
contract? (Apr ’12)
65. Define unlawful agreement. (2012)
66. What situation may vitiate the legality of a contract as not being free? (Apr’10)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Contingent Contracts

67. What is contingent contract? (Apr’15)

Performance of Contract

68. What do you understand by “performance of a contract”? (Apr’10)


69. By whom is a contract performed? Who can demand performance? (Aug’13)

Termination or Discharge of Contracts

70. Discuss how many different ways the parties of a contract may agree to terminate the existence of a
contract? (Dec’12)
71. What is discharge & when a contract said to be discharged? What are the various modes in which a
contract may be discharged? (Apr’11)
72. What are the consequences of anticipatory breach of contract? (Dec’14)
73. What is the difference between Actual Breach of contract & Anticipatory Breach of contract?
(Aug’12) (Dec’10)
74. Under what circumstances a person aggrieved by the breach of the contract can file a suit for specific
performance? (Apr’14)
75. State the effect of supervening impossibility. (2010)

Quasi Contract

76. Define Quasi contract with few example. (Apr’12)

Indemnity & Guarantee

77. Define a contract of guarantee. Distinguish between contract if Indemnity and contract of Guarantee.
(Dec’14)

Bailment & Pledge

78. Define bailment. What are the requisites of bailment? (2011) (2010) (2008)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Law of Agency

79. What does it mean by the term “Agency”? Differentiate between a sub-agent and a substitute agent.
(Dec’14) (Dec’13)
80. As per law how relationship of principal and agent be created? (Apr ’12)
81. What are the essential contents of an agency agreement? (Apr’11)
82. What tests can be applied in determining whether a person is an agent of another? (Aug’14)
83. Differentiate between sub-agent and co-agent. (Apr’13)
84. What type of tests would you apply to determine whether the agency relationship exists or not
between 2 parties? (Apr’13)
85. Define Principal and Agent. What happens when agent exceeds his authority? (Dec’11)
86. Distinguish between agent and principles. Under what circumstances an agency may be terminated?
(Aug’10)
87. Who is sub-agent? What is the legal position of a sub agent to a) agent and b)the principal? (Dec’13)

Negotiable Instruments Act, 1881:

Definitions
88. Define negotiable instrument? Name the negotiable instruments that are recognized by customs or
usage. (Aug’15) (Apr’14) (Aug’13)
89. What are the characteristics/features of a negotiable instrument? (Apr’13)
90. Distinguish between negotiation and assignment. (Aug’12)
91. Discuss the provisions of time for presenting a negotiable instrument. (Apr ’12)
92. Who is holder and holder in due course of a cheque? Discuss the various privileges of a holder in due
course. (Aug’12) (20 marks)
93. What is promissory note? What are the features/essentials of promissory note? (Apr’15) (Dec’13)
94. Why are Bill of Exchange, Promissory Notes and Cheques called "negotiable instruments"?(Dec’10)
95. Define a Cheque? How does it differ from a Bill of Exchange? (Aug’13)
96. Essential characteristics of a cheque. (Aug’12)
97. What is meant by crossing a Cheque? Who can cross a Cheque?
98. Describe the purpose and types of crossing cheque. (Aug’12)
99. Discuss the provision of law for crossing a cheque after issue. (Apr’12)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


100. What is the difference between a general crossing & special crossing? (Apr’15)
101. Distinction between a Holder & a Holder in due course. (Aug’15)
102. What is bill of exchange? Who can accept a bill of exchange? (Aug’15)
103. State with reason whether Bill of Exchange, Bill of Lading and Hundis are negotiable instrument.
(Dec’11)
104. Describe the rules regarding the presentation of Bill of Exchange with its exception. (Apr’15)
105. Distinguish between Promissory Note & Bill of Exchange.
106. Make a chart of differences between bill of Exchange, cheque & Promissory Note?
107. State the principal features of a bill of Exchange & a Promissory Note.
108. Enumerate the rules under which property in goods is transferred from the seller to the buyer
negotiable instruments (Negotiable Instrument act,(1881).
109. Give answer with reason whether a finder of lost instrument or a thief be a holder of negotiable
instrument? (Dec’13)

Acceptance & Negotiation


110. Define endorsement. What are the essentials of a valid endorsement? (Apr’14)
111. What are the rules of endorsement? (Aug’13)
112. Distinguish between assign ability and negotiability of an instrument. Indicate the importance of
delivery in the matter of negotiation.

Rights and Liabilities

113. Discuss the rights & liabilities of the different parties to negotiable instruments.

Dishonor

114. In what different ways may an instrument be dishonored? What is a notice of dishonor? (Aug’15)
115. What are the consequences of not sending notice of dishonor? (Apr’14)
116. Distinguish between dishonor by Non-Acceptance and dishonor by Non-payment? (Apr’14)
117. Distinguish between dishonor & discharge of negotiable instruments.
118. Under what circumstances a Cheque is dishonored?
119. Discuss the circumstances where dishonor of cheque for insufficiency of funds in the account is
not an offence. (Aug’15) (Apr’13)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


120. Under what circumstances a suit may be brought against the issuer of the cheque when the cheque
has been dishonored by a bank for insufficiency of the fund in the respective account? (Aprl’2010)
121. What are the basic requirements under section 138 & 140 of the Negotiable Instruments Axt,
1881 against a disorder cheque? (Aug’10)
122. When is a Bill of Exchange dishonored? What should the holder do when it is dishonored?
(Aug’15)
123. What are the main differences between Noting & Protest? What are the content of Protest? (Apr
’12)

Arbitration Act, 2001

124. What is Arbitration Agreement? What are the essentials of an arbitration agreement?
125. What condition is implied in arbitration agreement? (Aug’13)
126. What are the powers and duties of an Arbitrator? Explain the different types or methods of
Arbitration. (Aug’10) (Apr’10)
127. Define Arbitration. What matters can and what matters can not be referred to Arbitration?
(Apr’15) (Aug’12) (Dec’10)
128. Define and explain misconduct as a ground for setting aside an award. When can an award be set
aside?
129. Under what circumstances the judiciary authority may refer the parties to arbitration? (Aug’15)
(Dec’13) (Dec’11)
130. What is award?
131. Define a) arbitration, b) award, c) Caveat emptor, d) Merchantable Quality
132. Briefly explain arbitral proceeding as discussed in the Arbitration Act 2001.
133. What are the main objectives of arbitration and Conciliating act 1995? (Apr ’12)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Carriage of Goods Act, 1815:
134. What/Who are the common carriers? When can a common carrier refuse/ lawfully justified to
carry goods for anyone? (Aug’15) (Dec’13)
135. Under what circumstances a person is liable as a common carrier? (Apr ’12)
136. To what extent Bangladesh Railway discharge the duties of a common carrier? (Apr’11)
137. What are the characteristics that must be present to render a person liable as a common carrier?
(Dec’14)
138. What is charter party? Mention the usual terms in a charter party. (Aug’15)
139. Define the term 'common carrier'. Distinguish between a 'common carrier' and a 'private carrier'.
140. What are the duties of a common carrier? (Aug’13)
141. Discuss in brief the rights and liabilities of a common carrier. Is the post office a common carrier?
(Dec’10) (20 marks)
142. What is a Bill of Lading? What are the characteristics of a Bill of Lading? What are the
differences between Charter Party and Bill of Lading? (Aug’15) (Aug’15) (Dec’11)
143. Describe the duties and liabilities of a carrier by sea. What are the immunities of a carrier by sea?

Trade Mark Act, 2009:

144. What is associated Trade Marks? Distinguish between registration of assignments and registration
of transmission of Trade Marks. (Apr’11)
145. Describe the provisions related to registration under Trade Mark Act, 2009. Discuss shortly the
salient features of the Trade Mark Act, 2009/1940. (Dec’10)
146. Define Trademarks. State what are the marks or symbols that can not be registered as trademark?
(Apr’12)
147. What is patent? State the salient feature of patent. (Aug’15) (Dec’13)
148. Describe the power and function of copy right board as per copy right act 2000. (Apr’15)
(Dec’10) (Aug’10)
149. Describe the provisions related to distinctive requisites for registration as per Trade mark act
1940. (Apr’15)
150. What are the differences between trade mark & patent?
151. What is Patent & Design? Salient features of Patent and Design Act. (Apr ’12)
152. Describe the law related to specification of nature of invention as per Patent and Design Act
1911. (Dec’10)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Short notes

1. Copy Right Act -2000 (Aug’15) (Apr’14) (Apr’13) (Apr’12)


2. Copy Right Board (Aug’11)
3. Charter party (Aug’15) (Aug’14) (Dec’13)
4. Anticipatory Breach of contact (Aug’15) (Dec’13)
5. Misrepresentation (Aug’15) (Aug’13)
6. Undue influence (Aug’15) (Aug’13)
7. Unpaid seller (Aug’15) (Apr’14) (Dec’11)
8. Doctrine of Caveat Emptor (Aug’15) (Aug’13) (Apr’12)
9. Negotiable instrument (Apr’15)
10. Common carrier (Apr’15) (Aug’11)
11. Sub agent & co-agent (Apr’15) (Aug’14) (Aug’11)
12. Quasi contract (Apr’15) (Aug’14) (Aug’11)
13. Bailment & pledge (Apr’15) (Aug’11)
14. Bill of lading (Apr’15) (Aug’14) (Aug’13) (Apr’13)
15. Arbitration & Umpire (Dec’15) (Dec’11)
16. Bill of exchange & Promissory note (Aug’14) (Apr’14) (Dec’11)
17. Condition & warranty(Dec’15) (Apr’14)
18. Forged Instrument(Dec’15) (Dec’11)
19. Offer & Acceptance (Dec’15) (Dec’11) (Dec’11)
20. Clean bill of landing (Aug’14)
21. Common carrier (Aug’14) (Aug’11)
22. Voidable Agreement (Apr’14)(Dec’12)
23. Crossing after issue (Dec’13)
24. Trademark (Dec’13) (Aug’13)
25. Inchoate Instrument (Dec’13)
26. Promissory note (Aug’13)
27. Coercion (Apr’13)
28. Estoppels (Apr’13)
29. Allonge (Apr’13)
30. Contract of Affreightment (Apr’13)
31. Error of law (Apr’13)
32. Del Credere Agent(Dec’12)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


33. Escrow (negotiable instruments chapter)
34. Caveat Emptor (Aug’11)
Proximate Causa

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B) Industrial Laws - 20%

Chapter 2: Conditions of Service & Employment (3-33)

1. Describe the conditions of employment as per Bangladesh Labor Act, 2006. (sec-3)***
2. Who is an employer in relation to an establishment?
3. On which establishments & workers the BLA 2006 are not applicable?
4. How the relationship of an employer and an employee can be determined under the BLA 2006?
5. Discuss the categories of worker as per BLA 2006 & their period of probation.
6. Is it mandatory to maintain service book for workers? What are the contents of service book?
7. What are the particulars/information required to be recorded in the service book?
8. Describe the provisions of Stoppage of work and closure of establishment as per BLA 2006.
9. In what circumstances the employer may resort to stop of work and what are its procedures?
10. Under circumstances an employer can stop any section or sections of the establishment and for
what procedures he has to follow as per BLA 2006?
11. What is lay-off? Discuss the rate of compensation to workers for lay-off. Under what conditions laid off workers
are not entitled to get any payment? **
12. Discuss the right of laid off workers for compensation as per law.
13. Discuss the provision of entitlement of benefits if a worker dies while in service.
14. What are the procedures/conditions of retrenchment of worker? (sec-20) *****
15. Is an employer under any obligation has to re-employ a retrenched worker? (sec-21)* *****
16. Narrate shortly Retrenchment and Re-employment of retrenched workers as per BLA 2006.
17. What activities of a worker are treated as misconduct as per the Bangladesh labor Act, 2006. On what grounds
an employee is discharged, dismissed and terminated? (sec-22,23,27)
18. What are the acts and omissions that can be treated as workers misconduct under BLA 2006? **
19. What kinds of activities of workers are called conviction & misconduct?
20. Discuss the punishments for conviction & misconduct of workers as laid down in BLA 2006.
21. An individual worker having aggrieved by his dismissal from service intends to seek redress. What procedures
are to be followed by him?
22. What is dismissal? What are the grounds of dismissal?
23. What are the rules for Termination of employment?
24. Describe the grievance handling procedure as laid in the Labor Act, 2006. (sec-33) *****

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Chapter 3: Employment of Adolescent (34-44)

25. What is an adolescent? Discuss the rule of employment of adolescent on dangerous machine.
26. Discuss the provisions in the Bangladesh Labor Act. 2006 for the protection of the interest of the children. ******

Chapter 4: Maternity Benefit (45-50)

27. What do you mean by Maternity Leave?


28. What are the provisions of Maternity Benefits under BLA 2006? What will be the impact in Garment factory for
enhancement of Maternity Leave?
29. Describe the procedures regarding the payment of Maternity Benefit
30. Discuss the payment of Maternity Benefit in the event of the women’s death.
31. Discuss the right to and liability for payment of maternity benefit. How the amount of maternity benefit
calculated? (sec-46& 48)***
32. Enumerate the provision of restriction of employment of women in certain work in certain period of
time. (87,39,40,42,45,109)
33. In which place is the employment to work of a woman worker prohibited under the BLA 2006?

Chapter 5: Heath & Hygiene (51-60)

34. Discuss the health and hygiene provisions of the Bangladesh Labor Act,2006. (sec51-60)***
35. Discuss the provisions of providing drinking water as per Bangladesh Labor Act, 2006. (sec-58)****
36. Discuss the liability of Garments Owner in respect of providing drinking water & facilities of latrines
&urinals in his factory as per BLA 2006.
37. Discuss the provisions of the Factories Act’ 1965 related to the Health of the workers. (Apr’15)

Chapter 6: Safety (61-78)

38. Discuss the liability of Garments owner in respect of safety of workers as per the BLA 2006. **
39. Discuss provisions of safety and security as per BLA-2006.
I. Fire
II. Heavy Machinery at Upper Stairs

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


III. Crane & Lift

Chapter 7: Special Provisions regarding Health, Hygiene & Safety (79-88)

40. ………………………………………………………………………………………………………………………

Chapter 8: Welfare (87-99)

41. Discuss the provisions of welfare of workers as described in the BLA 2006.
42. Describe the kinds of amenities which the factory authorities are bound to provide for the welfare of
workers as per BLA 2006.
43. Discuss the rules of eviction from residential accommodation as laid downs in BLA 2006.
44. Discuss the liability of factory owner in respect of providing first aid appliances in his factory.
45. Discuss the liability of Garments Owner in respect of providing children room in his factory as per
BLA 2006.

Chapter 9: Working Hour & Leave (100-119)

46. Discuss the provisions of leave, working hours and holidays of the Bangladesh Labor Act, 2006. ****
47. Differentiate between festival holidays and leave.
48. Narrate briefly the provisions of Annual Leave with wages as per the BLA 2006. **
49. Briefly state the different kinds of leave provisions as stated in BLA 2006. ***
50. Describe the provisions of a) Interval for Rest or Meal and b) Weekly hours as per BLA 2006.
51. Discuss the provisions workers of entitlement of festival holidays.
52. Write the rules regarding weekly holidays and leaves as described in the Shops & Establishment Act’1965.
53. Describe the provisions of closure of shops with exceptions as per the BLA 2006.
54.

Chapter 10: Wage and Payment (120-137)

55. What are the deductions which may be deductible from the wages according the Bangladesh Labor Act,2006
(sec-125)**
56. Discuss the rules regarding fixation of wage periods.

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Chapter 11: Wage Board (138-149)

57. What is the object of enchantment of Minimum Wages Act? (Aug’15)


58. Discuss the establishment of Minimum Wage Board as per BLA 2006. **
59. What factors were considered in making recommendation of minimum wages?
60. Do you think tk 5300 as minimum wages per month for garment workers is justified basing on
above factors?

Chapter 12: Workmen’s Compensation for Injury by Accident (150-174)

61. Discuss the employer’s responsibility for Payment of Compensation as per BLA 2006.
62. In what circumstances compensation in not at all payable even in case of accidents while at work? **
63. What are the rules regarding distribution of compensation under the Workmen's compensation Act-1923

Chapter 13: Trade Union & Industrial Relation (175-208)

64. What is Trade Union? Explain the method of formation and registration of a Trade Union.
65. Describe the objectives of Trade Unions. ******
66. Describe the requisites for registration of 'Trade Union' of workers. (sec-179) *****
67. State the grounds on which registration of a trade union may be cancelled.**
68. What are the registers that have to be maintained by a registered trade union?
69. What are the disqualifications for becoming a member or an officer of trade union?
70. Under what circumstances a person shall not be entitled to be or to be elected as a member or an officer of a
trade union?
71. Discuss the provisions of Trade Unions of Workers and Employers as laid down in BLA 2006.
72. What are the objects on which the General Fund of a registered trade union may be spent?
73. State the cause of weak Trade Union movement in Bangladesh. What are your suggestions to improve in this
regard?
74. Under what circumstances federation of trade unions can act as Collective Bargaining Agent (CBA).
75. Define Collective Bargaining Agent. State the rules regarding appointment, election & determination of Collective
Bargaining Agent. (sec-202)***

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


76. What is unfair labor practice? What are unfair labor practices on the part of the Employer? ***
77. What constitutes “unfair labor practices by an employer? ***
78. Discuss the unfair labor practice on the part of Workmen/Employee. ***

Chapter 14: Settlement of Disputes, Labor Court, Labor Appellate Tribunal,

Legal Proceedings etc. (209-231)

79. What do you mean by Industrial Dispute? What are the ingredients of Industrial dispute and who
can raise industrial dispute? ***
80. When individual disputes become industrial dispute?
81. Discuss the procedures of settlement of industrial disputes. (15/20 marks)*****
82. Discuss illegal strike & lockout in light of BLA 2006. (Aug’15)
83. What is Labor Court? Discuss the composition, power, procedure and Labor Appellate Tribunal of Labor Court.
84. Discuss the duties, responsibilities, power and function of a Labor Court. ***
85. Describe the composition, function & jurisdiction of labor courts of BD.

Chapter 15: Workers Participation in Company Profit (232-252)

86. Who are the workers under the purview of the Workers Participation in the Company Profit?
87. State the rules of utilization of the participation fund under the company’s profits. (sec-242)
88. State the rules of Utilization of Participation Fund.
89. How a participation committee is constituted?
90. Discuss the procedures of distributing of profits under the provision of companies profits under (Worker Profit
Participation Fund Act, 1965. (Apr’15)

Chapter 17: Provident Fund (264-273)

91. Discuss the provision of Provident Fund for workers of non-government establishment. (sec-264) (Apr’15)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Chapter 19: Penalty & Procedures (283-316)

92. Penalty for employment of child & adolescent. Penalty for unfair labor practice. (sec- 284, 291)
93. Discuss the provisions of penalty for payment of wages at a rate below the minimum rate of wage. (Aug’15)

Chapter 20: Administration & Inspection (317-324)

94. Discuss the power and function of Chief Inspector.

Others
95. What are the objectives of Industrial Law? Discuss its necessity in an export oriented industry. **
96. Discuss the necessity of Industrial Police in the context of Bangladesh.
97. Can a probationer be reverted to his former post?
98. What do you mean by “public utility service”? how do it differ from “commercial establishment”?
99. What are the restrictions imposed by the Bangladesh Labor Act, 2006 relating to employment of children and
women workers? (sec- 34)
100. Differentiate between the followings
I. Commercial establishment & Industrial establishment
II. Probationary & Temporary workers
III. Temporary worker & Permanent worker
IV. Casual worker & Badli worker
V. Sick leave & Casual leave
VI. Discharge & Dismissal from service
VII. Retrenchment & Discharge
VIII. Lay-off & Retrenchment
IX. Closure & Lay-off
X. Closure, Strike & Lock-out**
XI. Participation fund & Welfare fund
XII. Ventilation & Temperature

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


101. State the provision of BLA with regard the following (50 marks)
I. Dismiss
II. Discharge
III. Termination
IV. Retrenchment
V. Labor Appellate Tribunal
VI. Adult
VII. Adolescent
VIII. Child
IX. Young person
X. Health
XI. Safety
XII. Protection Against Fire
XIII. Rights of Women Worker

Short Notes

1. Public Utility Service **


2. Adolescent
3. Festival Holidays
4. Partial Disablement***
5. Maternity Benefit **
6. Chief Inspector
7. Power & function of chief inspector***
8. Participation committee
9. Industrial establishment ****
10. Commercial Establishment*
11. Minimum wage board **
12. Dock worker management board***
13. Lay off and Lock out
14. Industrial dispute

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


15. Labor Appellate tribunal***
16. Dismissal
17. Grievance Procedure
18. Unfair Labor Policy**
19. Service book
20. Working hour for adolescent
21. Penalty for illegal strike or lock-out
22. Certificate of fitness
23. Rooms for children
24. Weekly hours
25. Trade Union & CBA
26. Strike & Lock-out
27. Annual leave
28. Temporary workers & Probationary workers
29. Go-Slow
30. Dispute as to age
31. Sick leave
32. Arbitration
33. Emergency Exit
34. Wages**
35. Termination
36. Retrenchment
37. Discharge
38. Dismiss
39. Manufacturing Process*
40. Casual worker & Badli worker
41. Illegal lockout (sec 227)
42. Occupational diseases
43. Illegal strike & lock out sec 227

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


C) Partnership Act - 10%
62) What are the essentials of a partnership? Who can be a partner?

63) Must a firm be registered? What are the effects of non- registration of a firm?

64) What are the consequences of insolvency of a partner? state the law of relations of partners to one another.

65) What are the duties of a partner? What are the rights of a partner as against the other partners of a firm?

D) Corporate Laws - 30%

Companies Act, 1994:


66) Is a prospectus is mandatory to offer shares of a public Limited Company to the public if so when and why a
statement in lieu of prospectus is needed?

67) On winding up a company it ceases to be a legal entity.

68) Who are the signatories of Memorandum and Articles of Association of a Public Limited Company? How these
two documents can be amended, if required?

69) A Public Limited Company decided to raise its capital. Discuss the procedures to be taken in this respect.

70) Explain the procedures for incorporation of a Public Limited Company and briefly describe the various documents
that are to be field with the register of Joint Stock Companies and Firms at the time of incorporation.

71) What are the matters to be stated in Memorandum of Association and Articles of Association of a public company
limited by shares?

72) What are the contents of a prospectus? Distinguish between 'Prospectus' and a 'Statement In-Lieu of
Prospectus'?

73) Elaborate the legal procedures to form and register a public limited company(PLC).

74) What are the procedures to alter any content in the Memorandum and Articles of Association of a PLC?

75) A company willing to collect capital by issuing shares to the public. Discuss the steps to be taken.

76) What are the advantages and disadvantages of collecting capital by issuing shares to the public?

77) "Buy shares when the market is down and sell when the market is in the upward trend."

78) What do you mean by Statutory Meeting? When does a company hold Statutory Meeting?

79) What are the contents of Statutory Meeting? What are differences between Statutory Meeting and Extra Ordinary
General Meeting?

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


80) Differentiate between a private limited company, public limited company and a company by guarantee.

81) What is voluntary winding up of a company? When may a company be voluntarily wound up?

82) State the procedures for voluntary winding up by shareholders and creditors?

83) When does a private limited company become a public limited company?

Bank Company Act, 1991:


84) State the provisions of Bank Companies Act, 1991 regarding holding of liquid asset by a bank company.

85) What are the consequences if a Non Banking Financial Institution fails to appoint the statutory auditor?

86) Narrate the circumstances under which Bangladesh Bank can disssolve the Board of Directors of a banking
company?

87) Discuss the discretion of Bangladesh Bank to disqualify auditors appointed by shareholders.

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


Company Law
Introduction
1. State the procedure for the conversion of a private company into public company, 1994. (
(2008)
2. Distinguish between a Private limited Company & a Public limited company. (2006)
The Memorandum & Articles of association
1. Distinguish between Memorandums of Association & Articles of Association. (2013)
(2012) (2010) (2009) (2014)
2. What do you mean by memorandum of association? State the contents of MOA. (2011)
(2008)
3. When & how the memorandum can be altered? (2013) (2010)
4. How can Articles of Association of a company be altered? (2008)
5. Discuss the “Doctrine of ultra vires” in the companies Act. (2012) (2014)
The Formation of A Company
1. Discuss the usual steps to be taken in the formation of a company under the company
Act. (2008) (2011) (2014)
2. Define prospectus. Describe the contents of prospectus. (2009) (2008)
3. Mention the procedure of incorporation & registration. (2013) (2011)
4. Distinguish between prospectus & a statement in lieu of prospectus. (2010)
5. Define “Certificate of incorporation”, Prospectus & Statement in lieu of prospectus.
(2013)
Capital, Shares & Shareholder
1. Distinguish between share warrant & share certificate. (2010) (2009) (2014)
2. State the rights & duties of a shareholder of a company. (2013) (2008)
Meetings & Resolutions
1. Define statutory meeting. State its contents. (2010) (2008) (2014)
2. What do you mean by minutes of proceeding? (2011)
Directors
3. What qualification does a shareholder of a joint stock company need to have to qualify as
director? (2011)
4. Discuss the methods of appointment of director. (2011) (2010)
5. State the powers of & duties of a director. (2011) (2014)
6. How is the office of directors vacated? (2010) (2014)
7. State the rules regarding of duration of Managing Director. (2010) (2014)
Winding Up
1. What is a company deemed to be unable to pay its debt? (2010)
2. Distinguish between member’s voluntary winding up & creditor’s voluntary winding
up.(2010)
3. What is the effect of compulsory winding up by the court? (2010) (2014)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB


4. Define winding up. Write the circumstances under which a company may be wound up
by the court. (2012) (2009) (2014)
5. In what circumstances the court may think the liquidation of a company just & equitable.
(2011)
6. What are the rules regarding endorsement. (2013) (2010) (2008)

The Law of Partnership


Nature of Partnership
1. What are the effects of non-registration of a firm? (2010) (2008)
2. How is the existence of a partnership determined? (2010)
3. What are the essential elements of partnership? (2008)
Rights & Liability of Partners
1. Can a minor become a member of a partnership firm? If so, briefly mention his rights &
liabilities under the Partnership Act. (2012) (2010) (2009)
2. Discuss the relation of partners to third parties. (2008)
3. Discuss the rights & liabilities of a partner of a firm. (2008)
4. Mention the acts for which a partner has implied authority to find the firm. (2008)
Dissolution of Firms
1. State the consequences of a partnership firms. (2011)
2. Discuss the rules relating to infants contract according to Bangladeshi Law. (2008)

Prepared by: Tamal Towhid, June 2015 Batch, ICMAB

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