Tag: introduction of business laws

Questions Related to introduction of business laws

ad volorem menas

  1. According to value

  2. To the same thing

  3. To infinity

  4. Hear the other side


Correct Option: A

State with the reasons whether the following statements are True or False:
Regret letter is often sent to the members.

  1. True

  2. False


Correct Option: A
Explanation:

 (i) A regret is a letter which informs an applicant that the company is unable to allot share.
(ii) Every applicant who applies for shares of the company has to pay some amount of money the time of application of shares.
(iii) In case the applicant is not alloted shares by the company, it is the duty of the company refund the amount already paid.
(iv) This refund order or cheques must be sent along with the regret letter wherein the regret left clearly indicates the company's inability to allot a certain number of shares to an applicant.
(v) Hence, reglet letter is sent to those applicants whom the company does not allot any share.

Choose the correct answers from the alternatives given
Which of the following statements is not correct?

  1. Right of one party is the obligation of another party

  2. Every contract is an agreement, but every agreement is not contract

  3. Quantum meruit means void from the beginning

  4. Social agreements are not legally enforceable


Correct Option: C

Principle Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely to be affected by his act.
Factual Situation Ram, while rushing to board a moving train, pushed Shyam, who was walking along with a heavy package, containing fire crackers. As a result, the package slipped from his hand and crackers exploded injuring a boy standing close by. A suit was filed against Ram, by the boy, claiming damages.
Decision

  1. Ram is not liable, because he did not know anything about the contents of the package.

  2. Ram is not liable, because Shyam should not have earned such a package in a crowded place like railway station

  3. Ram is liable, because Ram is under an obligation not to push Shyam

  4. None of the above


Correct Option: A
Explanation:

In the given case although Ram is under a legal obligation to take care to avoid act or omission which he can FORSEE would injure his neighbor but presently he did not push Shyam on purpose, further he could not FORESEE that Shyam is carrying crackers which might explode. Thus Ram is not liable.

Damodar Valley Corporation is ___________.

  1. company formed under Companies Act

  2. company formed under Special Act of Parliament

  3. a co-operative society

  4. a partnership firm


Correct Option: B
Explanation:

The Damodar Valley Corporation (DVC) is a governmental organization which operates several power stations in the Damodar River area of West Bengal and Jharkhand states of India.It was formed through a special legislation in the Indian Parliament in 1948 through DVC Act of 1948.

Which of the following is not normally one of the reasons for a change in an investor's circumstances?

  1. Change in market conditions

  2. Change in legal considerations

  3. Change in time horizon

  4. Change in tax circumstances


Correct Option: B

Consists of legal proposition(s)/principle(s) (herein after referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between work men and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person'.
Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'industrial dispute?

  1. As the difference of opinion between the employees and employer is on declaration of holiday it amounts to an issue connected with employment or with the terms of employment and hence, an industrial dispute.

  2. No as Lunar eclipse is unconnected with employment.

  3. Yes, because there is some difference of opinion it would be an industrial dispute.

  4. No as declaring holidays is a prerogative of the employer. Sono industrial dispute.


Correct Option: A
Explanation:
According to the principle given, stating Section 2 of the Industrial Disputes Act 1947, if the nature of a dispute which arises between employers and employers or employers and workmen and workmen or between workmen and employers is related to employment or non- employments or terms of employment or labour conditions of any person will be considered as an Industrial Dispute.
According to the facts given, the dispute between the employees and employer was related to the declaration of a holiday which is an issue related to employment of employees or terms of employment and thus that is the nature of the dispute.
Leading Case: M.M. Wadia Charitable Hospital vs Dr. Umakant Ramchandra Warerkar (1997 (75) FLR 814, (1997) IILLJ 549 Bom)

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle: Contract is an agreement freely entered into between the parties. But when consent to an agreement is obtained to undue influence, the contract is voidable at the option of the party whose consent was so obtained.
Factual Situation: The pragya had been worked for a business man Anurag since the age of $18$, working for a range of Anurag's businesses. In $2000$, (aged $21$) Pragya purchased a flat. In $2005$, Mr. Anurag's business was facing financial difficulties, and he asked Pragya to offe up her flat as financial security against an overdraft facility for the business. In July of that year, the banks solicitors wrote to Pragya, advising that she should take Independent legal advice before putting her property up as a security for the debt. The bank also notified Pragya that the guarantee was unlimited in both time and financial amount. Having discussed the arrangement with Anurag, Pragya was unaware of the extent of the borrowing, but was assured that her mortgage would not be called upon, and that his own properties which were also used as security would be looked at first. A charge was executed over the Pragya's property in August $2005$. In $2009$, Mr.s Anurag's business went into liquidation and the bank formally demanded $Rs. 60,24,912$ from Pragya. Pragya raised the defence of undue influence - stating that Mr. Anurag had induced her to enter into the agreement, and the bank had full knowledge/ notice of this undue influence which should set aside the banks right to enforce the debt recovery against Pragya. Bank is contending that there is no undue influence.
Legal Principle: The acceptance must be absolute and unqualified, leaving no ground for doubt or uncertainty. If the acceptance is conditional, no valid contract is formed, and the offer can be withdrawn at any moment till the absolute acceptance has taken place within reasonable time of such offer.
Factual Situation: Delhi Government conducted an auction for the sale of license of wine shop. X offered the highest bid which was provisionally accepted "... subject to the confirmation of Chief Commissioner who may reject any bid without assigning any reasons." Since X failed to deposit the required amount, Chief Commissioner rejected the bid. The government held X liable for the difference between the bid offered by him and the highest bid accepted in reauction, and commenced proceedings for the recovery of the sum. It was contended on behalf of the government of Delhi that X was under a legal obligation to pay the difference as it was due to his default that a resale of the excise shop was ordered and hence X was liable for the deficiency in price and all expenses of such resale which was caused by his default.
Decide, giving reason, whether X is liable to make payment to the Delhi Government.

  1. No, X is not liable to make payment as the shop was sold to the highest bidder

  2. X is liable to pay because the Government of Delhi has to conduct re-auction and also suffered loss in the sale of the shop

  3. X is liable because his bid was accepted but he failed to deposit the required amount on time

  4. No, contract for sale was not complete till the bid was confirmed by the Chief Commissioner and till such confirmation: the bidder was entitled to withdraw the bid


Correct Option: D
Explanation:

No, contract for sale was not complete till the bid was confirmed by the Chief Commissioner and till such confirmation; the bidder was entitled to withdraw the bid. The contract for sale was uncertain and not absolute till confirmed by the Chief Commissioner. Because it was an uncertain contract, the bidder had the choice to withdraw the bid. (smt. Sohbatdei vs Devipal And Ors AIR $1971\ SC\ 2192, (1972) 3\ SCC\ 495, 1971\ III\ UJ\ 395\ SC)$.

Purchase book records signify :

  1. All purchases made by the firm

  2. All purchases of fixed asset used by the firm

  3. Credit purchases of goods dealt in by the firm

  4. Cash purchases of goods dealt in by the firm


Correct Option: C
Explanation:

Purchase Day book or a Purchase Register is the book of original entry in which all the transactions relating to only credit purchase are recorded. Cash purchases do not find place in purchase day book as they are recorded in Cash book.

Ad hoc means ______________.

  1. from the beginning

  2. a body elected or appointed for a particular work

  3. according to value

  4. None of above


Correct Option: B
Explanation:

An ad hoc committee is formed for a specific purpose, usually to solve a particular problem. For example, an ad hoc lawyer is one hired to handle one problem only, perhaps to analyze a specialized area of the law or argue a key point in court.