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GUJARAT TECHNOLOGICAL UNIVERSITY
MBA – SEMESTER 3– • EXAMINATION –
WINTER 2015
Subject Code: 2830002 Date:
01/12/2015
Subject Name: LEGAL ASPECTS OF BUSINESS
(LAB)
Time: 10.30 AM TO 01.30 PM Total
Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever
necessary.
3. Figures to the right indicate full
marks.
Q.1 (a) [06]
1.
Which of the following is not an
element of a Valid Contract?
A.
Offer and acceptance B. Capacity of parties
C.
Certainty and possibility of
performance
D. No
intention to create legal relationship.
2.
What is Ex- turpi causa non oritur
action?
A.
No action arises from a base cause
B.
In cases of equal quilt, the defendant
is in a better position.
C.
Action arises from a base cause D. None of the above
3.
X ,having contracted with Y to supply
him1,000 tons of iron at 12,000 a tons, to be delivered in a stated time,
contracts with Z, for the purchases of 1,000 tons of iron at 11,000 a ton. X
does not tell Z of sell to Y.Z failed to perform the contract with X who cannot
procure other iron, and, Y in consequence rescinds the contract. What damaged
can X claim from Z?
A.
X can claim the difference between the
contract price and the market price at the date of the breach.
B.
X can claim the difference between the
contract prices only.
C.
X cannot claim the damages. D. None of the above applies.
4.
Under the Articles, the directors of a
company had power to borrow up to ` 10,000 without the consent of the general meeting.
The directors themselves lent ` 35,000 to the company without such consent and took
debentures. Is the company liable for `35,000?
A.
The company is liable for `35,000. B.
The company is liable for `10,000.
C.
The company is not liable at all. D. The
company is liable for `45,000.
5. Intellectual property is subject to
protection Under:
A. Copy right B. Trade secrete
C. Patent D. All of them
6. Doctrine of Ultra Vires means:
A.
Any act done by the company beyond its
legal powers and authority
B. Any
act done by the company within legal powers and authority
C.
Any act done by the directors beyond
its legal powers and authority
D. Any
act done by the directors within its legal powers and authority
Q.1 (b)
Explain the following terms: [04]
1. Free Consent
2.
Indemnity
3. Memorandum of Association
4. Digital Signature
Q.1 (c)
Answer in Short: [04]
1.
What is a meaning of contract
2. What is a meaning of water pollution
3.
What is Promissory note?
4.
Who is surety?
Q.2 (a)
Illustrate the distinction between void,
voidable and illegal agreements. Discuss the validity of agreements collateral
to such agreements. [07]
(b)
How can an offer be accepted? State
briefly the rules relating to the communication of acceptance. Can there be a
tacit acceptance of an offer. How can an offer be accepted by acting upon it? [07]
OR
(b)
What are the compulsory clauses in the
Memorandum of Association? In what cases, in what mode and to what extent can a
company alter these clauses? [07]
Q.3 (a)
What are the remedies open to an
allottee of shares who has applied for them on the faith of a false and
mis-leading prospectus, and what are the defenses available to the directors of
a company who have issued such a prospectus? [07]
(b)
What are the provisions of the company’s
act 1956, regarding the mode of appointment of the directors of a company? How
may some of the directors of a public company be appointed otherwise than by
the company in general meeting? [07]
OR
Q.3 (a)
Distinguish between, a condition and a
warranty. When does a condition descend to the level of a warranty? Explain the
rule of caveat emptor and state how far it is modified by implied conditions? [07]
(b)
Who is a ‘holder in due course’ of a
negotiable instrument? Can the defense that one of the indorsement is forged be
raised against him by (i) The acceptor and (ii) an indorser? [07]
Q.4 (a)
What is the composition of the National
Consumer Disputes Redressal Commission (The National Commission)? What is its
jurisdiction and what procedure does it follow to settle any complaint? [07]
(b)
What are the powers and functions of the
Central Pollution Control Board and State Pollution Control Boards? [07]
OR
Q.4 (a)
What is copyright? State at least two
examples for copyright. What are the rights of copyright owner? [07]
(b)
Explain what is Cyber Crimes? Also give
its remedies with possible examples. [07]
Q.5 (a)
Baman Builders Ltd. had bid for a tender
for building a swimming pool for a sports body. The sports body communicated to
Baman Builders an acceptance of their bid. However, in the acceptance letter,
the dimensions of the swimming pool were changed and a proportionate increase
in the price was allocated. Further, the swimming pool was to be completed in
60 days as opposed to 80 days mentioned in the tender. Has an agreement been
formed between the parties? Baman Builders Ltd. declined to go ahead with both
the modified terms as well as the original terms. Are Baman Builders Ltd.
justified in doing this?
(b)
Deep bought a pen from a self-service
store. After making the purchase, he discovered that the Pen was leaking. He
now wants to return the pen and claim a refund of his money from the shop.The
shop claims that as it is a self-service store, every customer offers to buy
the specific piece in his basket. Decide. [14]
OR
Q.5 Case
Study on Net Neutrality in India:
India’s
Internet population is raging around the issue of net neutrality. The net
neutrality debate was sparked off recently after some telecom operators and
Internet companies came up with plans that offer preferential treatment in
using the Internet .The problem is that there are no laws enforcing net
neutrality in India. Although, TRAI guidelines for the Unified Access Service
license promote net neutrality, it does not enforce it. The Information
Technology Act, 2000 also does not prohibit companies from throttling their
service in accordance with their business interests. In India, telecom
operators and ISPs offering VoIP services have to pay a part of their revenues
to the government.
Violations
of net neutrality have been common in India. Examples beyond Facebook's
Internet.org include Reliance’s free access to Twitter and many. Applications
like Whatsapp and Viber have eaten into their profits as calling and texting
can now be done for free. Operators add that huge amounts of data running on
their system is putting pressure on their system and that negligible returns
from such data will impede the growth of the sector. Telecom operators like -
Airtel, Vodafone, and others have now decided to charge for apps and services
that run on their network. The charge can be levied on the customer for the
data he or she consumes or on app developers and web services providers. Airtel
has slowly gone on to do just that by launching Airtel Zero, where an app
developer or web services provider has to pay the company to make his service
available for free to the consumers.
The
Federal Communications Commission recently adopted strong net neutrality rules
that should prevent cable and phone companies from creating fast and slow lanes
on the Internet. But policy makers in other parts of the world, particularly in
Europe and India, are considering very different kinds of rules that could hurt
consumers and start-up Internet businesses.
With
debate continuing to rage on Net Neutrality, The Competition Commission of
India started looking into whether telecom operators and Internet service
providers are indulging in unfair business ways by extending preferential
treatment to select mobile applications and websites.
The
Internet is one place where everyone is treated equally. One of the main
reasons the Internet has been so successful is that people have generally been
able to use it how they wish. The worst thing policy makers could do to the
network would be to allow telecom companies to mess with that.
Q.1
The telecom operators and internet service providers are indulging in unfair
business by giving preferential treatment to select mobile applications and
websites. Comment
Q.2
What actions are required to solve the issue? [14]
***
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA – SEMESTER 3 – EXAMINATION –
SUMMER 2016
Subject Code: 2830002 Date:
30/04/2016
Subject Name: Legal Aspects of Business
Time: 10:30 am -1:30 pm Total
Marks: 70
Instructions:
1.
Attempt all questions.
2.
Make suitable assumptions wherever
necessary.
3.
Figures to the right indicate full
marks.
Q.1 (A)
Pic out the correct option out of the following multiple choices – [06]
i)
Information technology act is
applicable to –
a)
computers c) mobiles
b)
digital companies d) all of the above
ii)
Meaning of goods in sales of goods act
is –
a)
ascertained goods c) future goods
b)
curtained goods d) all
of the above
iii)
Consumer courts are for the support of
-
a)
buyers c)
sellers
b)
both d)
none
iv)
Soil pollution is part of –
a)
water pollution c) land pollution
b)
air pollution d) none
v)
In contract of agency there are total
_____ contracts-
a)
3 c)
2
b)
1 d)
zero
vi)
Which is a negotiable instrument out of
the below –
a)
cheques c) hundi
b)
bills of exchange d) all of the above
Q.1 (B)
(i) define
company. [04]
Q.1 (B)
(i) define
default as per consumer protection act.
Q.1 (B)
(i) define
meaning of environment as per environment protection act.
Q.1 (B)
(i) define
condition as per negotiable instrument act.
Q.1 (C)
Who is a surety? Explain rights of a
surety. [04]
Q.2 (A)
Explain who is an unpaid seller. State
his rights. [07]
Q.2 (B)
“All the contracts are agreements but all the agreements are not contract.” Explain
the statement with details. [07]
OR
Q.2 (B)
What are the different types of contracts? [07]
Q.3 (A) Define Director and state the statutory
provisions regarding appointment and remuneration of directors. [07]
Q.3 (B) Define prospectus. What are the criminal and
civil liabilities of directors related to issue of prospectus? [07]
OR
Q.3 (A)
What are the conditions and warranties?
How one can differentiate between them. [07]
Q.3 (B)
Define goods. What are the different
types of it? Explain in detail. [07]
Q.4 (A)
What do you understand by digital
signatures? What is the importance of it? [07]
Q.4 (B)
What are the consumer forums? How do they
protect rights of a consumer? [07]
OR
Q.4 (A)
What is environment protection act 1986?
What is the importance of it? [07]
Q.4 (B)
What is infringement of patents? How one
can save intellectual property? [07]
Q.5 Mr.
X is director of a private company limited by shares. The total share capital
of this private limited company is 50 lakh rupees. The other director is his
mom Mrs. Y who rarely comes to the office. At the end of the year while final
accounts were audited it was found that salary of Mrs Y was 60 lakh rupees.
Give your social comment on each and every aspect of this case. [14]
OR
Q.5 (A)
A chemical factory is running business of
manufacturing of plastic granules. The waste out of the process which is partly
hazardous is directly disposed off at the shores of the sea. Is it right way of
disposing off the waste? What are the provisions of water pollution &
environment protection act related to this hazardous waste disposal? [07]
Q.5 (B)
Mrs X lost her husband in an accident.
She was living separate from her husband but not divorced. Her brother in law
did not allowed her to do funeral (crimination ceremony) of her husband until
she signed property papers in favor of her brother in law. What she can do
later? Explain the root cause of the case to solve the case. [07]
***
****************************************************************
Note: Answer with Dotcom Books
www.dotcombooks4u.com
(Last 5 year solved question
paper solutions)
9825183881
***************************************************************
