ECONOMIC & COMMERCIAL LAWS Important Topics & Practice Paper For IGP STUDENTS Appearing In CS-EXE DEC-2015 Exams S.NO.

Transcription

1 ECONOMIC & COMMERCIAL LAWS Important Topics & Practice Paper For IGP STUDENTS Appearing In CS-EXE DEC-2015 Exams S.NO. LESSON TOPICS 1. FOREIGN EXCHANGE MANAGEMENT 1. Capital and current account transaction. 2. Person resident in India. 3. Regulation and management of foreign exchange. 4. Prohibition on drawl of foreign exchange for certain transactions. 5. Prior approval of RBI for certain transactions. 6. Permissible capital account transactions. FDI 7. Investment in India by FII/FPI. 8. Qualified foreign investors (QFIs) investment in equity shares. 9. FDI Prohibited Sectors. 10. Remittance reporting. 11. Establishment in India of branch/liaison/project office. 12. Export of goods and services. 13. Time limit for surrender of realised foreign exchange. 14. Authorised Person. FOREIGN CONTRIBUTION (REGULATION) ACT, Definitions: - Foreign contribution - Foreign hospitality 16. Regulation of foreign contribution and foreign hospitality 2. FOREIGN TRADE POLICY AND PROCEDURES SPECIAL ECONOMIC ZONE (SEZ) 1. Objectives 2. Importer-exporter code (IEC) number / E-IEC 1. Setting up of unit by any person. 2. Establishment of special economic zone 3. COMPETITION ACT Salient features of the competition act, Definitions: - Agreement - Cartel 3. Relevant Market, Relevant Geographic Market. Relevant Product Market. 4. Anti competitive agreements. 5. Combination 6. Competition commission of India.

2 4. CONSUMER PROTECTION 1. Definitions: - Complaint - Complainant - Service, contract of and for service. 2. Consumer protection councils. 3. Redressal machinery/ Consumer Forums. 4. Nature and scope of remedies. 5. INTELLECTUAL PROPERTY RIGHTS Essential ingredients of a patent. A. PATENT 2. Inventions which can not be patented. 3. Form of application and complete specification. 4. Compulsory license B. COPYRIGHT 5. Remedies against infringement of patent Licensing of copyright. 2. Infringement of copyright C. TRADE MARKS D. DESIGNS LAW RELATING TO ARBITRATION AND CONCILIATION LAW RELATING TO TRANSFER OF PROPERTY LAW RELATING TO STAMPS LAW RELATING TO CONTRACT Meaning and definition of trade mark. 2. Trademark- registration. 3. Grounds for refusal to register trademark. 4. Infringement of trademark Meaning and definition of design. 1. Arbitration agreement 2. Grounds for challenge 3. Arbitral proceedings/arbitration procedure 1. Absolute interest 2. Vested and contingent interests 3. Reversion and remainder 4. Properties which can& cannot be transferred. 5. Transfer for benefit of unborn person 6. Mortgages. 1. Instruments chargeable with duty. 2. Timing of stamping of instruments. 3. Instruments not duly stamped treatment and consequences. 1. Essential elements of a valid contract. 2. Privity of contract. 3. Contracts uberrimae fidei 4. When contracts in restraint of trade valid 5. Void agreements 6. Discharge or termination of contracts 7. Law of agency 8. Joint venture/ foreign collaboration/ multinational agreements.

3 9. E-contract PREVENTION OF MONEY LAUNDERING LAW RELATING TO ESSENTIAL COMMODITIES WEIGHTS AND MEASURES LAW RELATING TO SOCIETIES 1. Money laundering- process. 2. Meaning and object of preventing moneylaundering act, Essential commodity. 2. Confiscation of essential commodities. 1. Meaning of Legal Metrology. 2. Power of inspection, seizure 3. Penalty for counterfeiting or seals. 1. Registration of society. 2. When members treated as strangers? 14. LAW RELATING TO TRUSTS 1. Definition & meaning of trust (section 3). 2. Doctrine of cypress. 3. Certainties of a trust (section 6) INDUSTRIES DEVELOPMENT AND REGULATION LAW RELATING TO POLLUTION CONTROL AND ENVIRONMENTAL PROTECTION A. THE ENVIRONMENT (PROTECTION) ACT, B. PUBLIC LIABILITY INSURANCE ACT C. NATIONAL GREEN TRIBUNAL ACT, Regulation of scheduled industries. 2. Control over scheduled industries. 1. Sustainable development. 2. Carbon credit General powers of the central government. 2. Power to make rules. 3. Environmental clearance and location of industries. 4. Environmental audit. 5. Liability for pollution Major provisions of the act Powers of the national green tribunal

4 D. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT E. WATER PREVENTION AND CONTROL OF POLLUTION 1. Central and state pollution control boards 2. Power of state board Functions of central board 2. Prevention and control of water pollution 17. LAW RELATING TO REGISTRATION OF DOCUMENTS 1. Documents whose registration is compulsory 2. Time limit for presentation 3. Effect of non-registration of documents

5 PRACTICE QUESTIONS 1. What is the Prohibition on drawl of foreign exchange for certain transactions under FEMA? 2. Define the Capital Account Transactions and enumerate permissible capital account transactions in relation to persons resident in India and resident outside India? 3. List the transactions which require prior approval of RBI. 4. What is the procedure for receiving Foreign Direct Investment in an Indian company? 5. List out the sectors/activities in which FDI is prohibited. 6. What are the forms in which business can be conducted by a foreign company in India? 7. What is the significance of overseas direct investments for the country and for the investor? 8. What is direct investment outside India? 9. Define Authorized person? Briefly discuss the powers of RBI to give directions to Authorized Persons? 10. What do you mean by Erstwhile Overseas Corporate Body? 11. Discuss the Acquisition and Transfer of Immovable Property in India under FEMA? 12. Discuss the establishment of branch or office or place of business in India and Permissible Activities under FEMA. 13. List out Export of goods or services which may be made without furnishing the declaration. 14. Explain the provisions for - - realisation, repatriation and holding of foreign currency, - manner of repatriation and - time limit for surrender of realised foreign exchange. 15. Write short note on the following: (i) Compounding of Contraventions (ii) Directorate of Enforcement (iii) Appellate Tribunal 16. State the provisions of Prohibition to accept foreign contribution. 17. Person to whom section 3 does not apply? 18. Which are the organizations / individuals specifically debarred from receiving foreign contribution? 19. How does the FCRA, 2010 seek to regulate the receipt of foreign contribution and foreign hospitality?

6 20. Discuss the provisions of FCRA relevant to exemptions from acceptance of foreign contribution. 21. What are the objectives of foreign trade policy? 22. State the general provisions regarding imports and exports. 23. Explain Importer-Exporter Code (IEC) Number and procedure for application for Grant of IEC Number. 24. Write short note on (a) Towns of Export Excellence (TEE) (b) Board of Trade 25. What is Special Economic Zone and its salient features? Who can set up SEZs? 26. What is the procedure for Setting up of Unit in SEZ 27. What do you mean by Offshore Banking Unit? 28. Special Economic Zones are growth engines. Discuss. 29. Give Definition of Competition and what is competition in the market? 30. Write short note on (a) Monopolistic trade practice (b) Restrictive trade practices (c) Unfair trade practices 31. Need of competition in the market is necessity,comment. 32. Define following terms (a) Agreement (b) Cartel 33. Define and discuss the Relevant Market, Relevant Geographic Market, and Relevant Product Market. 34. What do you mean by Cartel state the conditions that are conducive to cartelization. 35. What is an anti-competitive agreement? 36. What is combination? 37. Which are the common ways for bid rigging? 38. Write short note on: (a) tie-in agreement; (b) exclusive supply agreement; (c) exclusive distribution agreement; (d) refusal to deal; (e) resale price maintenance

7 39. Explain Competition Commission of India, its Duties, Powers and Functions. 40. While determining whether an agreement has appreciable adverse effect on competition, which are the factors are taken in consideration by the Commission? 41. What is difference between Contract of Service and Contract for Service? 42. Explain consumer protection councils under the consumer Act in India. 43. Explain the redressal machinery under the Consumer Protection Act and their juridiction. 44. What is Limitation Period for Filing of Complaint and appeal under the Consumer Protection Act. 45. What are the Nature and Scope of Remedies under the Consumer Protection Act? 46. Explain the nature and scope of the remedies under the Act? 47. Write short note on the following: (i) Complainant (ii) Deficiency in service (iii) Power of redressal agencies (iv) Consumer 48. Which are not inventions within the meaning of the Patent Act 49. Does a Patent obtained in India give protection worldwide? 50. Discuss in detail the provisions of the Patents Act in relation to compulsory licences. 51. Write short note on the following: (i) Invention and Inventive step. (ii) Patent agent. (iii) Deceptive Similarity (iv) Opposition of patent 52. Mention the cases that do not qualify to be called as inventions, within the meaning of the Patents Act, 1970? 53. Discuss the grounds on which the registration of a patent can be refused? 54. Elaborate the provisions relating to infringement of patent. 55. What is a trade mark and its functions? Which are Prerequisites for a trade mark to be registered? 56. State Registered user under the Trade Marks Act, Who are the beneficiaries from a trade mark? 58. Explain the 'Assignment of a trade mark' and 'transmission of a trade mark' under the Trade Marks Act, 1999.

8 59. What is Assignment of copyright and Mode of assignment. 60. Which are the common copyright infringements? Certain acts do not constitute infringement of copyright under Copyright Act, Discus 61. Discuss in detail the Copyright Board. 62. Elaborate the provisions relating to certain exception to infringement have been stipulated by the Copyright Act 63. Can a registered geographical indication be assigned, transmitted, etc? 64. How a geographical indication is different from a trade mark? 65. What is meant by Design under the Designs Act, 2000? 66. What is the object of registration of Designs? and the effect of registration of design? 67. What do you understand by an arbitration agreement? What are its essentials? 68. What are the grounds to challenge the appointment of an Arbitrator under the Arbitration and Conciliation Act, 1996? Discuss. 69. What are the grounds for setting aside of an arbitral award under the Arbitration and Conciliation Act, 1996? 70. Write short note on: (a) Absolute Interest (b) Reversion and Remainder (c) Vested and Contingent Interest (d) Transfer by ostensible owner or doctrine of holding out (e) Doctrine of feeding the grant by estoppels (f) Doctrine of fraudulent transfer (g) Doctrine of part-performance (h) Rule against perpetuity (i) Doctrine of Lis pendens. 71. What is the subject matter of transfer under the T.P. Act? Discuss properties which cannot be transferred. 72. Give definition and nature, essentials and types of a mortgage. 73. Give Distinction between (a) Mortgage and Charge. (b) English mortgage and mortgage by conditional sale. (c) English mortgage and mortgage by conditional sale. 74. What is the rule against perpetuity? 75. State Actionable claim under the Transfer of Property Act, 1882.

9 76. Write short notes on (a) Bill of Lading (b) Conveyance (c) Bill of Exchange (d) Denoting duty 77. State the instruments chargeable with duty and Time of stamping of instruments. 78. Are securities dealt in depository not liable to stamp Duty, comment. 79. Can Parliament increase or, decrease, the stamp duty on an agreement? 80. Explain considerations to be taken for contracts under Joint venture/foreign collaboration/multinational Agreement. 81. No consideration, no contract. Do you agree? 82. What is the connection of money laundering with society at large? 83. What influence does money laundering have on economic development? And role of The Financial Action Task Force (FATF). 84. Define Essential Commodities and explain object of Essential Commodities Act 85. State the seizure and confiscation of essential commodities under the Essential Commodities Act, Write short note on Counterfeit. 87. Every non-standard weight and measure used in the course of trade is liable to be forfeited. Comment. 88. Explain the Procedure for Registration of Society. 89. Who is a member of society? When members treated as strangers under societies Act? 90. Define a 'trust'. Distinguish a trust from a contract. 91. How a trust is created and by whom it is created? 92. Briefly discuss the provisions relating to rights and duties of trustees. 93. Who is a beneficiary? What are his rights and liabilities? 94. Discuss about the classification of Trusts. 95. Write short notes on (i) Extinction of a trust (ii) Revocation of a trust (iii) Doctrine of Cy Pres

10 96. What are the objectives of Industrial Policy of the government? 97. What is an industrial license? Under what circumstances an industrial license can be revoked? 98. What do you mean by the term Substantial Expansion? and License for Effecting Substantial Expansion. 99. When can Central Government order Investigation into Industrial Undertakings? Discuss briefly the takeover of the management of an industrial undertaking under Industries (Development and Regulation) Act, Explain Memorandum of micro, small and medium enterprise Briefly explain the Concept of Sustainable Development Write short notes on (a) Carbon credit (b) Environmental Audit 104. Briefly explain the objective of Environment Protection Act, 1986? 105. Briefly explain Compulsory Insurance under Public Liability Insurance Explain no fault liability Enumerate the powers and functions of National Green Tribunal? 108. Explain the powers and Functions of the State Board under Air Pollution Act Briefly explain the objective of Air (Prevention and Control of Pollution) Act, Write short notes on (i) Air Pollution (ii) State Air Laboratory (iii) Noise Pollution in Environment Discuss briefly the restriction on new outlets and new discharges under the Water (Prevention and Control of Pollution) Act What is the object of the law of Registration? 113. State the time limit for presentation of documents for registration State the places where documents relating to immovable property may be presented for registration under the Registration Act, 1908.