0901 Business Law-II (MB2F2)

Question Paper
Business Law - II (MB2F2): January 2009
Answer all 70 questions.
Marks are indicated against each question.

Total Marks : 100
1. Which of the following acquires NPA (Non Performing Asset) loans from banks and financial
institutions by issuing debentures, bonds or by entering into special arrangements under the SARFAESI
Act, 2002?
(a)
(b)
(c)
(d)
(e)
Reserve Bank of India

Qualified Institutional Buyers
Debt Recovery Tribunal
Central Government
Asset Reconstruction Company.
<Answer>
(1 mark)
2. Which of the following is not considered as negotiable instrument under the Negotiable Instruments
Act, 1881?
(a)
(b)
(c)
(d)
(e)
Bill of exchange
Promissory note
Share certificate
Cheque payable to bearer
Cheque with not negotiable crossing.
<Answer>
(1 mark)
3. Which of the following trade practices amounts to a restrictive trade practice under the Competition
Act, 2002?
(a)
(b)
(c)
(d)
(e)
Conduct of game of chance or skill directly promoting the sales of products

Conduct of game of chance or skill indirectly promoting the sales of products
Conduct of selling goods at such a price as would eliminate competition
Conduct of contest directly promoting the sales of products
Conduct of contest indirectly promoting the sales of products.
<Answer>
(1 mark)
4. Which of the following is classified as a common law remedy against environmental pollution?
(a)
(b)
(c)
(d)
(e)
Damages
Nuisance
Negligence
Trespass
Strict liability.
<Answer>
(1 mark)
5. Which of the following is not a type of arbitration?

(a)
(b)
(c)
(d)
(e)
<Answer>
Statutory Arbitration
Ad hoc Arbitration
Mediation
Domestic Arbitration
Expedited Arbitration.
(1 mark)
6. Stream Pharma Ltd., a leading manufacturer of medicines enjoys lions share in the market for
medicines for heart diseases. Vincent Pharma Ltd., another pharmaceuticals manufacturer succeeded in
discovering a cheaper alternative. On coming to know of the entry of Vincent Pharma Ltd., into the
market with a low cost medicine for heart disease, Stream Pharma Ltd., reduced the price of its
medicine to one-fifth of its current selling price which is much below its cost of production and also
that of Vincent Pharma Ltd. Under the Competition Act, 2002, the action of Stream Pharma Ltd.,
amounts to
(a)
(b)
(c)
(d)
(e)
Bargain sale
Refusal to sell
Predatory pricing
Market sharing
Tie-in arrangement.
<Answer>
(2marks)
Page 1 of 28
7. Anderson Bank Ltd., (London) is licenced by the Reserve Bank of India (RBI) to carry-on business as a
banking company in India. Under the Banking Regulation Act, 1949, the RBI may cancel the licence of
the Anderson Bank Ltd., if it is found that
(a)
(b)
(c)
(d)
(e)
Anderson Bank Ltd., is contracting for public loans and negotiating and issuing public loans
Anderson Bank Ltd., is contracting for private loans and negotiating and issuing private loans
Anderson Bank Ltd., is carrying on and transacting indemnity business
Anderson Bank Ltd., is carrying on and transacting guarantee business
Anderson Bank Ltd., ceases to carry on business in India.
<Answer>
(2marks)
8. Anand kept his goods in the warehouse maintained by Ramesh and insured the goods against loss by
fire. The goods were burnt in a fire in the warehouse and Anand filed a claim of Rs.50,000, being the
full value of the goods lost. The insurance company accepted the claim and made payment. Later,
Anand also recovered Rs.25,000 from Ramesh by filing a lawsuit against him. Which of the following
statements is true in respect of these circumstances under the Insurance Act?
(a)
(b)
(c)
(d)
(e)
<Answer>
The insurance company can claim the amount of Rs.25,000 recovered by Anand from Ramesh
by applying the doctrine of subrogation
The insurance company can claim the amount of Rs.25,000 from Ramesh by filing a lawsuit
against him
As the insurance company has already accepted the claim made by Anand and made payment, it
has no locus standi to claim anything from him
The insurance company cannot claim anything from Anand as the goods were fully lost
The insurance company cannot claim anything from Anand or Ramesh.
(2marks)
9. Which of the following is considered as a foreign bill under the Negotiable Instruments Act, 1881?
(a)
(b)
(c)
(d)
(e)
A bill drawn in Mumbai upon a resident of New Delhi, endorsed in New York and payable in
London
A bill drawn in Chennai upon a resident of Bangalore, payable in Kuala Lumpur
A bill drawn in Mumbai upon a resident of Lucknow, payable in Kolkata
A bill drawn in Lucknow upon a resident of Bhopal, payable in Agra
A bill drawn in Paris upon a resident of Kanpur, payable in Hyderabad.
<Answer>
(2marks)
10.Which of the following is not a fire insurance policy?

(a)
(b)
(c)
(d)
(e)
<Answer>
All risks policy

Limited risk policy
No risk policy
Valued policy
Unvalued policy.
(1 mark)
11.Which of the following is allowed as an exemption from the enforcement under the provisions of the
SARFAESI Act, 2002?
(a)
(b)
(c)
(d)
(e)
Copyright
Patent
Financial asset not exceeding Rs.1,00,000
Trademark
License.
<Answer>
(1 mark)
12.Under the Negotiable Instruments Act, 1881, when a bill is drawn, accepted or indorsed for
consideration, it is called a/an
(a)
(b)
(c)
(d)
(e)
Accommodation bill
Genuine trade bill
Escrow
Ambiguous instrument
Inchoate instrument.
<Answer>
(1 mark)
Page 2 of 28
13.The provisions of the Information Technology Act, 2000 are applicable to a

(a)
(b)
(c)
(d)
(e)
Will
Trust
Cheque
Power-of-attorney
Contract for sale of conveyance of immoveable property.
<Answer>
(1 mark)
14.Which of the following is false in respect of the broad objectives of the Central and State Councils
under the Consumer Protection Act, 1986 regarding availing of services?
(a)
(b)
(c)
(d)
(e)
Right of access to services at competitive prices

Right of assurance to services at competitive prices
Right of protection against restrictive trade practices
Right to look into the actual pricing of goods and services
Right to consumer education.
<Answer>
(1 mark)
15.Which of the following matters cannot be referred to arbitration under the Arbitration and Conciliation
Act, 1996?
(a)
(b)
(c)
(d)
(e)
All matters of civil nature

All matters of breach of contract
Illegal transactions
Disputes of movable property
Disputes of immovable property.
<Answer>
(1 mark)
16.Sri Palaniappan Fireworks Ltd., Sivakasi was a manufacturer of fire crackers. The company was
located near Samypuram, a residential colony. One day a huge fire broke out in the godown of the
company, due to which there were explosions that injured some of the residents of the colony and the
whole area was filled with smoke that choked breath of the people. It was discovered that, in view of
the expected heavy demand for Diwali and New Year, the company had stored its crackers under the
Sun, whereas it was required to store those in the shaded godowns. Which of the following statements
is true in respect of the criminal liability of the company under the Indian Penal Code, 1860?
(a)
(b)
(c)
(d)
(e)
<Answer>
Sri Palaniappan Fireworks Ltd., can be held liable for negligent act likely to spread infection of
disease dangerous to life
Sri Palaniappan Fireworks Ltd., can be held liable for malignant act likely to spread infection of
disease dangerous to life
Sri Palaniappan Fireworks Ltd., can be held liable for negligent conduct with respect to
poisonous substance
Sri Palaniappan Fireworks Ltd., can be held liable for negligent conduct with respect to fire
Sri Palaniappan Fireworks Ltd., can be held liable for negligent conduct with respect to
explosive substance.
(2marks)
17.Sumant composed an electronic mail message (e-mail) on December 16, 2008 offering to sell his house
to Srikanth, for Rs.25,00,000 and saved the message as a draft on his computer. He sent the message to
Srikanth on December 18, 2008. Srikanth checked his e-mail account on December 19, 2008 and came
to know of the offer. He sent his reply by an e-mail on December 20, 2008. Under the Information
Technology Act, 2000, this e-mail becomes an electronic record for Sumant, when it
(a)
(b)
(c)
(d)
(e)
Is composed by Sumant on December 16, 2008

Is sent by Sumant on December 18, 2008
Enters the e-mail account of Srikanth on December 18, 2008
Comes to the knowledge of Srikanth on December 19, 2008
The reply for it is sent by Srikanth on December 20, 2008.
Page 3 of 28
<Answer>
(2marks)
18.Kamalkant insured goods which were in transit on board of a ship and sold the same goods to Upendra.
Kamalkant also assigned the insurance policy in the name of Upendra. The goods were subsequently
lost as the ship was attacked and destroyed by sea pirates. As the goods were insured against the peril of
loss by piracy, Upendra filed a claim under the policy. The insurance company refused to accept the
claim, contending that Upendra did not have an insurable interest in the goods. Which of the following
statements is true in these circumstances?
(a)
(b)
(c)
(d)
(e)
As the goods were originally insured by Kamalkant, he only can file a claim in respect of those
goods
As Upendra did not have any insurable interest in the goods at the time of conclusion of the
insurance contract, he cannot make a claim for the loss
As Upendra has an insurable interest at the time the goods were lost he can make a claim for
the loss
As Upendra is the assignee in a marine insurance contract, he cannot make any claim
As Upendra is the assignee in a marine insurance contract, he can claim only through
Kamalkant.
<Answer>
(2marks)
19.Akriti drew a bill upon Akansha and sent it for Akanshas acceptance. In which of the following
instances there is a valid acceptance of the bill by Akansha under the Negotiable Instruments Act,
1881?
(a)
(b)
(c)
(d)
(e)
<Answer>
When she merely puts her signature on the bill and keeps it with her
When she writes `accepted on the back of the instrument but does not put her signature on the
bill
When she puts her signature on the face of the bill and delivers it back to the Akriti
When she puts her signature on a copy of the bill
When she does not put her signature on the bill but only writes `accepted on the face of the bill. (2marks)
20.Which of the following is not a characteristic of Over The Counter Exchange of India (OTCEI)?
(a)
(b)
(c)
(d)
(e)
A ringless trading mechanism

Creation of liquidity
Computerized and transparent trading
One way quote only for purchase
Permission to trade in equity and debentures.
<Answer>
(1 mark)
21.Who among the following persons is considered as an insurer under the Insurance Act?
(a)
(b)
(c)
(d)
(e)
Principal Agent appointed under any Act

Chief Agent appointed under any Act
Special agent appointed under any Act
Insurance agent recognized by the Act, undertaking the insurance business
An unincorporated body of individuals.
<Answer>
(1 mark)
22.Which of the following is not a privilege of a holder in due course under the Negotiable Instruments
Act, 1881?
(a)
(b)
(c)
(d)
(e)
<Answer>
If the negotiable instrument is lost, the defenses on the part of a person liable on a negotiable
instrument cannot be set up against a holder in due course
Once negotiable instrument passes through the hands of a holder in due course, it gets cleansed
of all the defects even though the holder in due course is party to the fraud
Until the instrument is duly satisfied, every prior party to a negotiable instrument is liable to a
holder in due course
The law presumes every holder as a holder in due course, although the presumption is rebuttable
The validity of the instrument as originally made or drawn cannot be denied by the
maker/drawer/acceptor for honor in a suit initiated by a holder in due course.
(1 mark)
23.Under the Information Technology Act, 2000, the term hacking means
(a)
(b)
(c)
(d)
(e)
Publishing of Digital Signature Certificate with false particulars

Failure to furnish information to the Controller of Certifying Authority
Making Digital Signature Certificate available for unlawful purpose
Causing wrongful loss to public by destroying any information residing in the computer
Suppression of material facts to obtain a Digital Signature Certificate.
Page 4 of 28
<Answer>
(1 mark)
24.Under the Consumer Protection Act, 1986, the time period within which the complaint must be decided
by the appropriate forum is
(a)
(b)
(c)
(d)
(e)
Three months from the date of receipt of the complaint

Three months from the date opposite party is served the notice
Six months from the date of receipt of the complaint
Six months from the date opposite party is served the notice
One year from the date of receipt of the complaint.
<Answer>
(1 mark)
25.The part of atmosphere that is associated with the prevention of the ultra violet (UV) radiations from
falling on the earth is known as
(a)
(b)
(c)
(d)
(e)
Hydrosphere
Lithosphere
Biosphere
Stratosphere
Thermosphere.
<Answer>
(1 mark)
26.Suman Enterprises of Delhi and Sen Traders of Kolkata entered into a contract which provided that in
case of a dispute the parties will refer it to an arbitrator. Accordingly, when a dispute arose between the
two, it was referred to arbitration. However, midway through the arbitration the parties expressed their
willingness to terminate the proceedings. Which of the following statements is true in these
circumstances under the Arbitration and Conciliation Act, 1996?
(a)
(b)
(c)
(d)
(e)
The parties cannot terminate the arbitral proceedings midway through the arbitration
The arbitrator alone is empowered to terminate the arbitral proceedings midway through the
arbitration
The Court alone is empowered to terminate the arbitral proceedings midway through the
arbitration
The parties can terminate the arbitral proceedings midway through the arbitration by entering
into an agreement to that effect
The parties can terminate the arbitral proceedings midway through the arbitration only after
obtaining the approval of both the arbitrator and the Court.
<Answer>
(2marks)
27.Gyaneshwar Fabrications was a proprietary concern owned by Gyaneshwar Reddy. Gyaneshwar Reddy
had taken a loan of Rs.10 lakh from the Andhra Pradesh Small Scale Industries Development
Corporation under Self-employment Scheme and arranged the balance by way of loans from others and
bought one of the five fabricating machines, for an amount Rs.15 lakh from Apoorva Machines Ltd.
Within a week of its purchase, the machine developed defects and the company refused to attend the
machine. Gyaneshwar Fabrications is proposing to file a consumer complaint against Apoorva
Machines Ltd. Which of the following statements is true in respect of these circumstances under the
Consumer Protection Act, 1986?
(a)
(b)
(c)
(d)
(e)
Gyaneshwar Fabrications cannot file a consumer complaint as the machine was purchased for
commercial use
Gyaneshwar Fabrications cannot file a consumer complaint as the machine was bought by
raising loan
Gyaneshwar Fabrications cannot file a consumer complaint as the machine was bought under
Self-employment Scheme for a commercial purpose
Gyaneshwar Fabrications can file a consumer complaint as the machine was bought under Selfemployment Scheme which is a non-commercial purpose
Gyaneshwar Fabrications cannot file a consumer complaint as proprietary concerns are not
considered as consumers under the Act.
(2marks)
Page 5 of 28
<Answer>
28.Mohan TMT Ltd., had borrowed an amount of Rs.20 lakh from Urban Bank. As the company has
continuously defaulted in the repayment of the loan, Urban Bank has classified the loan as nonperforming asset in its books, in accordance with Reserve Bank of India (RBI) guidelines and issued a
notice to Mohan TMT Ltd., for discharging full liabilities, specifying the details of amount payable and
secured assets to be enforced in the event of non-payment. After expiry of 60 days from the date of
notice, Urban Bank took possession of the secured property and sold it to a third party. Which of the
following statements is true in respect of above circumstances under SARFAESI Act, 2002?
(a)
(b)
(c)
(d)
(e)
<Answer>
Urban Bank can only take possession of the secured property and appoint a person to manage it
until the loan is repaid
Urban Bank can only transfer the secured property by way of lease to a third party
Urban Bank can only transfer the secured property by way of assignment to a third party
Urban Bank can transfer the secured property by sale/lease/assignment
Urban Bank can transfer the secured property only with the approval of the Debt Recovery
Tribunal.
(2marks)
29.Andrew, who already had an insurance cover for Rs.25 lakh on his life from LIC made a proposal to
Secure Life Insurance Ltd., for insurance on his life for Rs.5 lakh. He truthfully answered various
questions in the proposal form and disclosed all relevant facts and paid the initial premium. A few days
later, before the proposal was accepted by the company, Andrew was taken ill by pneumonia. One
week after the acceptance of the proposal by the company, Andrew died of Pneumonia and the
insurance company came to know of his illness for the first time. Which of the following statements is
true in respect of the liability of Secure Life Insurance Ltd., for payment of insurance claim under the
Insurance Act?
(a)
(b)
(c)
(d)
(e)
<Answer>
Secure Life Insurance Ltd., is not liable as Andrew had failed to make adequate disclosure of
the disease in the proposal form
Secure Life Insurance Ltd., is not liable as Andrew already had an insurance policy worth Rs.25
lakh from another insurer
Secure Life Insurance Ltd., is not liable as the notice of illness amounting to non-disclosure of
the risk between proposal date and acceptance date was not given to it
Secure Life Insurance Ltd., is liable as it had accepted the proposal form before the death of
Andrew
Secure Life Insurance Ltd., is liable as Andrew had truthfully answered various questions in the
proposal form and disclosed all relevant facts in the proposal form.
(2marks)
30.Which of the following is an example of restrictive crossing under the Negotiable Instruments Act,
1881?
(a)
(b)
(c)
(d)
(e)
Not Negotiable written between two parallel lines

State Bank of India written between two parallel lines
A/c payee written between two parallel lines
& Company written between two parallel lines
Two transverse parallel lines simply drawn across the face of the cheque.
<Answer>
(2marks)
31.Insurance of the same risk with more than one insurer whereby the total sum insured exceeds the value
of the subject matter, is known as
(a)
(b)
(c)
(d)
(e)
Reinsurance
Reassurance
Self-insurance
Multiple insurance
Double indemnity.
<Answer>
(1 mark)
32.Which of the following assets is not taken into account for the purpose of computation of Statutory
Liquidity Ratio required to be maintained by a bank?
(a)
(b)
(c)
(d)
(e)
Cash in hand (India)

Balances held under Cash Reserve Ratio (CRR)
Balance in current account with Reserve Bank of India (RBI)
Balance with RBI over the minimum reserve requirement
Investment in government securities and treasury bills.
Page 6 of 28
<Answer>
(1 mark)
33.Which of the following is a prerequisite for transfer of a negotiable instrument under the Negotiable
Instruments Act, 1881?
(a)
(b)
(c)
(d)
(e)
Crossing
Acceptance
Noting with a Notary
Blank indorsement only
Mere delivery or indorsement and delivery.
<Answer>
(1 mark)
34.The regulatory objectives of the Competition Law are not intended to serve the
(a)
(b)
(c)
(d)
(e)
Safety and stability of domestic markets

Prevention of abusive practices
Transparency of business practices
Institutionalization of supervision over barriers to fair competition
Sustained benefits to producers.
<Answer>
(1 mark)
35.Which of the following is a condition for the applicability of the rule of strict liability?
(a)
(b)
(c)
(d)
(e)
Plaintiffs own default

Act of god
Non-natural use of land
Consent of the plaintiff
Act of third party.
<Answer>
(1 mark)
36.M/s Pooja & Co., and Nalanda Enterprises submitted their business dispute to conciliation.
Accordingly, Motilal Oswal was appointed as the conciliator. After, requesting each party to submit
their statement on the points of issue, Motilal Oswal orally proposed a settlement for which he refused
to give reasons. Which of the following statements is true in these circumstances under the Arbitration
and Conciliation Act, 1996?
(a)
(b)
(c)
(d)
(e)
Motilal Oswal cannot propose a settlement between the parties to the dispute
Motilal Oswal can propose a written settlement between the parties
Motilal Oswal can propose an oral settlement between the parties, provided he gives reasons in
writing
Motilal Oswal can propose a settlement between the parties only at the end of the proceedings
Motilal Oswal can propose an oral settlement between the parties at any stage and he is not
required to give reasons for the proposal.
<Answer>
(2marks)
37.Sushil had filed a consumer complaint against Home Needs Ltd., in the district forum of Sambalpur,
Odisha. A notice as required under the Consumer Protection Act, 1986 was served on the opposite
party, requiring it to be present before the District Forum on the date of hearing. Home Needs Ltd., did
not respond to the notice and failed to appear or represent its case. The District Forum passed an ex
parte order based on evidence offered by Sushil. Which of the following statements is true in respect of
the course of action available to Home Needs Ltd., under the Consumer Protection Act, 1986?
(a)
(b)
(c)
(d)
(e)
It can file an appeal with the District Forum to set aside the ex parte order and fix another date
for hearing the case
It can file an appeal with the State Commission to set aside the ex parte order passed by the
District Forum
It can file an appeal with the National Commission to set aside the ex parte order passed by the
District Forum
It cannot file any appeal as the order was passed upon its failure to appear before the District
Forum on the date fixed for hearing the complaint
It cannot file any appeal as no appeal is allowed against ex parte orders.
Page 7 of 28
<Answer>
(2marks)
38.The Securities Exchange Board of India (SEBI) initiated an investigation against Jayantilal Securities
Ltd., an intermediary for violation of provisions of the SEBI Act, 1992. During the process of
investigation, SEBI attached the bank account of Jayantilal Securities Ltd., for a period of three weeks,
after due process. Which of the following statements is true in respect of the powers of SEBI during an
investigation into the affairs of a company?
(a)
(b)
(c)
(d)
(e)
During investigation, the SEBI is empowered only to suspend the trading of a stock in a stock
exchange
During investigation, the SEBI is empowered only to restrain Jayantilal Securities Ltd., from
accessing the market
The SEBI is empowered to attach the bank account of Jayantilal Securities Ltd., only after the
conclusion of the investigation
The SEBI is empowered to attach the bank account of Jayantilal Securities Ltd., during an
investigation
The SEBI is not empowered to attach the bank account of Jayantilal Securities Ltd., during the
course of an investigation.
39.Shalini took a life insurance policy for Rs.2 lakh in the name of her husband, Siddharth, who was
employed with a bank. Shalini was paying the premium out of her salary. Unfortunately, Siddarth died
in a road accident. Shalini has filed a claim with the insurance company. Which of the following
statements is true in respect of the above situation under the Insurance Act?
<Answer>
(2marks)
<Answer>
(a)
Shalini can make a claim against the insurance company as she has an insurable interest in the
life of Siddharth, being his wife
(b)
Shalini can make a claim against the insurance company as she was paying the premium out of
her salary
(c)
Shalini can make a claim against the insurance company as existence of insurable interest is not
required in case of life insurance
(d)
Shalini cannot make a claim against the insurance company as she does not have an insurable
interest in the life of Siddharth
(e)
Shalini cannot make a claim against the insurance company as Siddharth was employed with a
bank and not dependant upon her.
(2marks)
Ram
obtained
the
acceptance
of
Shyam
to
a
bill
for
Rs.25,000
by
fraud.
Ram
endorses
the
bill
to
Gopal
40.
<Answer>
who takes it in good faith for a consideration. Gopal further endorses the bill to Gautam. In case the bill
is dishonoured, which of the following statements is true in respect of course of action available to
Gautam, under the Negotiable Instruments Act, 1881?
(a)
(b)
Gautam, being a holder in due course, can recover the amount of Rs.25,000 from Shyam
Gautam cannot recover the amount of Rs.25,000 from Shyam as Ram obtained the acceptance
by fraud
(c)
Gautam can sue Ram for fraud
(d)
Gautam cannot take any action on a bill accepted by fraud
(e)
Gautam can recover the amount of Rs.25,000 only from Gopal.
(2marks)
41.Ranjit purchased a laptop manufactured by Mony Consumer Electronics. On the back of the laptop a
<Answer>
sticker was pasted that read To be opened by authorized personnel only. On one occasion, when the
laptop developed a problem, Ranjit being a hardware engineer opened the laptop and repaired it.
However, after a week the laptop developed a serious hardware problem and exploded, due to which
Ranjit was injured. Ranjit proposes to file a product liability claim against Mony Consumer Electronics.
Which of the following statements is true in respect of product liability claim that can be brought by
Ranjit against Mony Consumer Electronics?
(a)
Ranjit can file a product liability claim for design defect in the laptop
(b)
Ranjit can file a product liability claim for manufacturing defect in the laptop
(c)
Ranjit can file a product liability claim for marketing defect in the laptop
(d)
Ranjit can file a product liability claim for negligence in manufacturing the laptop
(e)
Ranjit cannot file a product liability claim as Mony Consumer Electronics can put up the
defence of unauthorized alteration and modification in the laptop.
(2marks)
Page 8 of 28
42.Poddar Plastics Ltd., with an issued capital of Rs.50 lakh has listed its shares under Over The Counter
<Answer>
Exchange of India (OTCEI). Which of the following is not true in respect of advantages that may be
available to an investor?
(a)
Investors can trade through the counters of OTCEI set-up at several centres
(b)
OTCEI removes illiquidity by introducing compulsory market makers to help the small
investors for sale of their securities
(c)
Investors will display security prices online and hence, price blindness is removed
(d)
Settlements are delayed in case of trading through OTCEI
(e)
OTCEI intends to provide the information relating to the companies to all its investors.
(2marks)
43.Manjeet Singh insured his house at Ludhiana against loss by fire. Due to an electrical short circuit
<Answer>
arising out of faulty wiring, his neighbours house caught fire. The Fire Brigade used water to put out
the fire, which entered the house of Manjeet Singh and spoiled furniture and other household
appliances. Which of the following statements is true in respect of liability of the insurer to indemnify
the loss suffered by Manjeet Singh under the Insurance Act?
(a)
The insurance company need not pay the claim as the fire was caused due to an electrical short
circuit arising out of faulty wiring in neighbours house
(b)
The insurance company need not pay the claim as the insurance policy covered only loss by fire
and not any other loss
(c)
The insurance company has to pay only the loss due to fire to the neighbours house
(d)
The insurance company has to pay the loss caused by entry of water into Manjeet Singhs
house as it was proximate cause to the fire
(e)
The insurance company need not pay the claim as loss caused by entry of water into Manjeet
Singhs house cannot be considered proximate cause to the fire.
(2marks)
44.Rajesh issued a cheque for Rs.11,116 to Blue Cross, a voluntary organization as donation. But the
<Answer>
cheque was returned unpaid with reason Insufficient funds. The remedy available to the payee, under
the Negotiable Instruments Act, 1881 is that
(a)
(b)
(c)
(d)
(e)
The payee can recover the amount from Rajesh by filing a written complaint under section 138
of the Act
The payee should issue a notice within 30 days of dishonour of cheque demanding the payment
from Rajesh
The payee can compel Rajesh to issue a fresh cheque
The payee cannot recover the amount as the cheque was not issued in partial or full discharge of
a legally enforceable debt
The payee can recover the amount only from the estate of Rajesh.
(2marks)
45.Which of the following statements is true in respect of general insurance contracts?

(a)
(b)
(c)
(d)
(e)
They are long term contracts

Insurable interest does not consist of pecuniary interest in the subject matter of insurance
Insurable interest need not be present at the time of entering into the insurance contract
Principle of indemnity applies in general insurance contracts
Amount payable as compensation does not depend on availability or importance of assets.
<Answer>
(1 mark)
46.Under SARFAESI Act, 2002, a borrower aggrieved by the notice of a bank intimating the details of
amount due and the security interest to be enforced in case dues are not recovered from 60 days from
the date of notice, has a right to appeal to
(a)
(b)
(c)
(d)
(e)
Debt Recovery Tribunal (DRT)

Debt Recovery Appellate Tribunal (DRAT)
Chief Metropolitan Magistrate
District Magistrate
Reserve Bank of India.
<Answer>
(1 mark)
47.Days of grace under the Negotiable Instruments Act, 1881 is available in the case of a
(a)
(b)
(c)
(d)
(e)
Bill payable 30 days after sight

Bearer demand draft
Crossed demand draft
Crossed cheque
Bearer cheque.
<Answer>
(1 mark)
Page 9 of 28
48.Any liability of the manufacturer or vendor for the injury or damage caused by the use of the product
due to it being dangerous in nature is known as
(a)
(b)
(c)
(d)
(e)
Product liability
Public liability
Public nuisance
Public interest
Product advisory.
<Answer>
(1 mark)
49.In which of the following instances, the District Forum cannot refuse to entertain a complaint under the
Consumer Protection Act, 1986?
(a)
(b)
(c)
(d)
(e)
Lack of jurisdiction
Complainant is a consumer association
Dispute is not a consumer dispute
Non-payment of prescribed fee
Lapse of time i.e. bar of limitation.
<Answer>
(1 mark)
50.Which of the following statements is true in respect of the disadvantages of Alternative Dispute
Resolution (ADR) mechanisms?
(a)
(b)
(c)
(d)
(e)
They are not based on direct participation of disputants

They are less cooperative and more competitive than court-based litigation
They tend to generate more ill will between the disputants
The disputants cannot define the process they will use under ADR mechanisms
It is believed that ADR mechanisms provide second class justice.
<Answer>
(1 mark)
51.Anvesh bought a watch for Rs.80,000, sold under the brand name Illadro. The watch was
manufactured by an Italian Company, Illadro Watches, Milan and sold through its exclusive branch
office in Delhi. Two weeks after the purchase, a serious defect was noticed in the watch and the branch
office refused to repair or replace the watch and asked Anvesh to send the watch to Italy at his own
expense and risk. Being aggrieved, Anvesh proposes to file a consumer complaint against Illadro
Watches, Milan. Which of the following statements is true in respect of the above circumstances under
the Consumer Protection Act, 1986?
(a)
(b)
(c)
(d)
<Answer>
Anvesh has to approach the District forum of Delhi as the complaint is against a foreign concern
whose branch is in Delhi and the amount claimed is less than Rs.20 lakh
Anvesh has to approach the State Commission of Delhi as the complaint is against a foreign
concern
Anvesh has to approach the National Commission as the complaint is against a foreign concern
Anvesh has to approach the Supreme Court of India as the complaint is against a foreign
concern
Anvesh cannot file a consumer complaint against Illadro Watches, Milan, in India.
(2marks)
(e)
52.Nitish bought a set of two watches through an e-shopping site. The sale was according to the terms and
conditions of sale as mentioned in the Website. After glancing through the terms and conditions, Nitish
accepted the contract by pressing the enter key for the option I Accept. He paid the purchase price
by using his credit card, through electronic payment system. Under the Information Technology Act,
2000, the contract entered into by Nitish is classified as
(a)
(b)
(c)
(d)
(e)
Click-wrap agreement
Shrink-wrap agreement
Icon-wrap agreement
Press-wrap agreement
Enter-wrap agreement.
<Answer>
(2marks)
Page 10 of 28
53.Pranay has taken two mediclaim policies (Health Insurance) from two different insurers. The first
policy for Rs.50,000 was taken from Medfit Insurance and the second one for Rs.1,00,000 was taken
from Medplus Insurance. One day Pranay had to be hospitalized for a sudden heart attack and he had to
incur a medical expenditure of Rs.90,000 towards treatment and hospitalization. He is planning to file
for claim. Which of the following statements is true in respect of the claim to be filed by Pranay under
the Insurance Act?
(a)
(b)
(c)
(d)
(e)
<Answer>
Pranay has to file a claim with Medplus Insurance as the amount of expenditure of Rs.90,000 is
more than the coverage of Rs.50,000 provided by Medfit Insurance
Pranay has to file a claim of Rs.50,000 against Medfit Insurance and a claim of Rs.40,000
against Medplus Insurance
Pranay has to file two claims of Rs.45,000 each against Medfit Insurance and Medplus
Insurance
Pranay has to file a claim of Rs.30,000 against Medfit Insurance and a claim of Rs.60,000
against Medplus Insurance, in the ratio of coverage provided by them
Pranay can file claim in such order as he thinks fit and the loss has to be shared by the insurance
companies between themselves in the ratio of coverage provided by them.
(2marks)
54.Arvind is the holder of a bill for Rs.5,000. He makes an indorsement stating that, pay Rs.3,000 to
Bandhan or order and pay Rs.2,000 to Chinmay or order. Which of the following statements is true
with respect to the indorsement under the Negotiable Instruments Act, 1881?
(a)
(b)
(c)
(d)
(e)
The indorsement is invalid being a partial indorsement prohibited by the Act

The indorsement to Bandhan is not valid as in case of partial indorsement only the subsequent
indorsement is valid
The indorsement to Chinmay is not valid as only Bandhan can indorse the balance in favour of
Arvind
The indorsement is valid as partial indorsement is valid under the law
For a partial indorsement to be valid, it must be in equal proportions.
<Answer>
(2marks)
55.Which of the following statements is false in respect of a marine insurance contract?

(a)
(b)
(c)
(d)
(e)
It includes liability to a third party incurred by the owner of a ship

It does not include the liability to a third party incurred by a person interested in the assured
property, on happening of the maritime event
It provides indemnity against marine losses i.e., losses incidental to maritime adventure
The crew on board can also be insured against marine perils
The premium is paid in one lump sum and for one time.
<Answer>
(1 mark)
56.The consideration paid for the risk undertaken by the insurer in an insurance contract is known as
(a)
(b)
(c)
(d)
(e)
Insurable interest
Premium
Double insurance
Subrogation
Contribution.
<Answer>
(1 mark)
57.Which of the following statements is true in respect of the essentials of a promissory note under the
Negotiable Instruments Act, 1881?
(a)
(b)
(c)
(d)
(e)
It need not be in writing

An implied promise is enough to constitute a valid promissory note
The promise to pay must be definite and unconditional
The name of the payee need not be mentioned
The payment can be in kind.
<Answer>
(1 mark)
58.Under the Information Technology Act, 2000, the time of receipt of an electronic record when the
addressee has a designated computer resource is when the record
(a)
(b)
(c)
(d)
(e)
Is sent to the designated computer resource

Enters the designated computer resource
Is retrieved from the designated computer resource by the addressee
Enters the computer resource of the sender
Is retrieved by the sender.
Page 11 of 28
<Answer>
(1 mark)
59.The power of a Judicial Magistrate of First Class for the trial of offence under the Consumer Protection
Act, 1986 can be exercised by
<Answer>
I.
The District Forum.
II. The State Commission.
III. The National Commission.
(a)
(b)
(c)
(d)
(e)
Only (I) above

Only (II) above
Only (III) above
Both (II) and (III) above
All (I), (II) and (III) above.
(1 mark)
60.Which of the following is not regarded as a natural cause of environmental pollution?

(a)
(b)
(c)
(d)
(e)
Floods
Industrialization
Cyclones
Earthquakes
Molten lava from volcanoes.
<Answer>
(1 mark)
61.A marriage hall came up near Adarsh Nagar Colony in the city of Hyderabad. The Municipal
Corporation had granted license to the marriage hall, owing to the lack of marriage halls in the area.
Songs were continuously played at a high volume over loudspeakers, due to which the residents of
Adarsh Nagar Colony had to go through sleepless nights. They are planning to file a case under the
pollution control laws for causing a noise pollution. Which of the following statements is true in
respect of above mentioned circumstances?
(a)
(b)
(c)
(d)
(e)
The residents cannot file a suit under the pollution control laws as playing songs at a high
volume over loudspeakers does not amount to noise pollution
The residents cannot file a suit under the pollution control laws as the marriage hall had the
approval of the Public Authorities
The residents cannot file a suit under the pollution control laws as carrying on of lawful
profession is a fundamental right of the owners of the marriage hall
The residents can file a suit under the pollution control laws as playing songs at a high volume
over loudspeakers amounts to noise pollution
The residents cannot file a suit under the pollution control laws as they can file a civil suit under
common law.
(2marks)
62.Prachi Automotives Ltd., a manufacturer of motor bikes issued an advertisement announcing that their
product, Supero-125 gives an average mileage of 120 km per litre. However, actual use of the motor
bike in the city revealed that it gave an average performance of only 90 km per litre. Prachi
Automotives Ltd., contended that the bike was tested by Automotive Association of India, which
certified that the bike gave an average performance of 121 km per litre at an average speed of 37.5 km
per hour. When the vehicle was tested in the city with an average speed of 37.5 km per hour, the
mileage was 110 km per litre. Which of the following statements is true in respect of these
circumstances under the Competition Act, 2002?
(a)
(b)
(c)
(d)
(e)
<Answer>
The company has not resorted to any unfair trade practice as the mileage of the bike was
certified by the Automotive Association of India
The company has not resorted to any unfair trade practice as quoting of mileage has no effect on
the sales of the motor bike
The company has not resorted to any unfair trade practice as the actual mileage under test
conditions was more than the mileage quoted in the advertisement
The company has not resorted to any unfair trade practice as the deviation of the actual mileage
from the quoted mileage is not significant
The company has resorted to an unfair trade practice as the mileage claimed by the company in
its advertisement was factually incorrect.
(2marks)
Page 12 of 28
<Answer>
63.Surewealth Insurance Ltd., Mumbai commenced its insurance business by obtaining a certificate of
registration from the Insurance Regulatory and Development Authority (IRDA). Two years later, the
IRDA is proposing to conduct an audit of Surewealth Insurance Ltd., along with the intermediaries
associated with the insurance company. Which of the following statements is true in respect of the
powers of the IRDA?
(a)
(b)
(c)
(d)
(e)
<Answer>
The IRDA can only call for information from insurance undertakings and their intermediaries
The IRDA can only conduct an inspection of the insurance undertakings and their intermediaries
The IRDA can only conduct an enquiry into the affairs of the insurance undertakings and their
intermediaries
The IRDA can only conduct an investigation of the insurance undertakings but not their
intermediaries
The IRDA can conduct an investigation including an audit of the insurers, intermediaries and
other organizations connected with insurance business.
(2marks)
64.Madhuri Technologies Ltd., has an account in City Bank. Rohit, an executive of the company, had
committed forgeries for over two years and withdrew some amounts from the company account.
However, the company did not raise any objection to the entries made by the banker in the account
during that period. The banker provided statement of account to the company regularly, mentioning by
way of note that any discrepancies noticed should be immediately brought to the notice of the bank,
failing which the transactions are assumed to be final. There was no ratification of the entries by the
company. After some time, on knowing the facts, Madhuri Technologies Ltd., wants to sue the City
Bank for loss caused to the company. Which of the following statements is true in respect of the course
of action available to Madhuri Technologies Ltd., under the Negotiable Instruments Act, 1881?
(a)
(b)
(c)
(d)
(e)
<Answer>
City Bank cannot escape its liability even though the company did not raise any objection to the
entries in the statement of accounts
Madhuri Technologies Ltd., cannot sue the City Bank as it had not raised any objections to the
entries made by the bank in its account
Madhuri Technologies Ltd., cannot sue City Bank as the bank is absolved of its liabilities by
virtue of the note in its statements
Madhuri Technologies Ltd., cannot recover the amount from City Bank as the bank had been
regular in sending the statement of account
Madhuri Technologies Ltd., cannot recover the amount from City Bank as the bank had made
payment in good faith without negligence.
(2marks)
65.Every stock exchange desirous of being recognized for the purpose of the Securities Contracts
(Regulation) Act, 1956 has to make an application to
(a)
(b)
(c)
(d)
(e)
Central Government
National Stock Exchange (NSE)
Controller of Capital Issues
Securities Exchange Board of India (SEBI)
Ministry of Finance.
<Answer>
(1 mark)
66.In which of the following situations a person has unlimited insurable interest under the Insurance Act?
(a)
(b)
(c)
(d)
(e)
Policy on ones own life

Policy in spouses name
Policy in the name of children
Policy taken by a creditor in the name of his debtor
Policy taken by an employer in the name of his employees.
<Answer>
(1 mark)
67.Under the Negotiable Instruments Act, 1881, a banker cannot refuse to honour the customers cheques
when
(a)
(b)
(c)
(d)
(e)
A post dated cheque is presented for payment prior to the date it bears
The customer does not have sufficient funds to his credit
The funds of the customer are subject to a lien by the banker
A bearer cheque containing restrictive indorsement is presented for payment
The customer has countermanded the payment of the cheque.
Page 13 of 28
<Answer>
(1 mark)
68.Under the Information Technology Act, 2000, tampering with computer source document by
concealing, destroying or altering it is punishable with
(a)
(b)
(c)
(d)
(e)
A fine of Rs.2 lakh only

A fine of Rs.1.5 lakh only
Compensation up to Rs.1 crore to the person affected
Imprisonment for a period of 5 years or a fine of Rs.5 lakh
Imprisonment up to 3 years or a fine up to Rs.2 lakh or both.
<Answer>
(1 mark)
69.Which of the following anti-competitive agreements amounts to vertical agreement in relevant markets?
(a)
(b)
(c)
(d)
(e)
Refusal to deal
Market sharing
Prices
Exclusive distribution agreements
Bids.
<Answer>
(1 mark)
70.Which of the following is not a direct cause of water pollution?

(a)
(b)
(c)
(d)
(e)
Discharge of domestic waste

Discharge of industrial waste
Discharge of agricultural waste
Discharge of fluorides
Discharge of smoke from industries.
<Answer>
(1 mark)
END OF QUESTION PAPER
Page 14 of 28
Suggested Answers
Business Law - II (MB2F2): January 2009
Answer
Reason
1.
ARC (Assets Reconstruction Company) acquires NPA (Non Performing Asset)

loans from banks and financial institutions by issuing debentures, bonds or by
entering into special arrangements under the SARFAESI Act, 2002.
ARC will have to be registered with Reserve Bank of India (RBI).
ARC will formulate a separate scheme for each set of assets and invites QIB
(Qualified Institutional Buyers) for investment in the scheme.
Hence, option E is correct answer.
< TOP
2.
The Negotiable Instruments Act, 1881 recognizes only three kinds of instruments
under Section 13 promissory notes, bills of exchange and cheques that are
considered negotiable by statute.
Certain instruments have acquired the character of negotiability by the usage or
custom of trade. In India, Government promissory notes, bankers drafts and pay
orders, hundies, delivery orders and railway receipts for goods have been held to
be negotiable by usage or custom.
Share certificates are not considered as negotiable instruments. Hence, option C
is correct answer.
< TOP
3.
Unfair Trade Practices include conduct of any contest, lottery, game of chance or
skill for the purpose of promoting directly or indirectly the sale, use or supply of
any product or any business interest.
Any agreement to sell goods at such prices as would have the effect of
eliminating competition or competitor is a Restrictive Trade Practice. Hence,
option C is correct answer.
< TOP
4.
The common law remedies against environmental pollution are available under
the Law of Torts. The liability of the polluter under the Law of Torts is one of the
major legal remedies to abate pollution. The important tortuous liabilities for
environmental pollution are nuisance, negligence, trespass and strict liability. The
common law remedies are damages, injunctions and abatement. Hence, option
A is correct answer.
< TOP
5.
Types of Arbitration:
< TOP
Domestic Arbitration
International Arbitration
Ad hoc Arbitration
Institutional Arbitration
Statutory Arbitration
Expedited Arbitration
Hybrid Arbitration
Flip-flop Arbitration.
Mediation is generally conducted before a single mediator who does not judge the
case but helps to facilitate a discussion and eventual resolution of the dispute.
Hence, option C is correct answer.
6.
Any agreement to sell goods at such prices as would have the effect of
eliminating competition or competitor is considered a restrictive trade practice
and is classified as predatory pricing.
Therefore, in the given instance, under the Competition Act, 2002, the action of
Stream Pharma Ltd., amounts to predatory pricing. Hence, option C is correct
answer.
Page 15 of 28
< TOP
Answer
7.
Reason
The RBI can cancel the licence of the bank if it finds the following:
< TOP
If the company ceases to carry on banking business in India,

If the company at any time fails to comply with any of the conditions
imposed upon it under Subsection (1) of Section 22 of the Banking
Regulation Act, 1949,
If at any time, any of the conditions referred to in Subsection (3)2 and
Subsection 3A is not fulfilled.
Therefore, in the given instance, the RBI may cancel the licence of the Anderson
Bank Ltd., if it is found that Anderson Bank Ltd., ceases to carry on business in
India. Hence, option E is correct answer.
8.
Subrogation is defined as the transfer of rights and remedies from the insured to
the insurer who has indemnified the insured in respect of the loss. This doctrine is
applicable to fire and marine insurances. In such cases, the insured has the right
to subrogation when the insurer pays for a total loss.
Therefore, in the given instance, the insurance company can claim the amount of
Rs.25,000 recovered by Anand from Ramesh by applying the doctrine of
subrogation. Hence, option A is correct answer.
< TOP
9.
According to Section 11 of the Negotiable Instruments Act, a promissory note,

bill of exchange or cheque which is both drawn or made in India and made
payable in India, is deemed to be an inland instrument.
A foreign instrument is one, which is not an inland instrument. A foreign
instrument must be drawn outside India and made payable outside or inside India
or it must be drawn in India and made payable outside India and drawn on a
person resident outside India.
Therefore, in the given instance, a bill drawn in Paris upon a resident of Kanpur,
payable in Hyderabad is considered as a foreign bill. Hence, option E is correct
answer.
< TOP
10.
The following are some of the fire insurance policies:
< TOP
Valued policies.
Unvalued or open policies.
Long-term, mid-term and short-term policies.
All risk policies.
Limited risk policies.
An insurance policy cannot exist without risk. Therefore, there cannot be
anything as a no risk policy. Hence, option C is correct answer.
11.
Property under the SARFAESI Act, 2002 means immoveable property, movable
property, any debt or right to receive payment of money (whether secured or
unsecured), receivables, whether existing or future, intangible assets such as
knowledge, patent, copyright, trademark, license, franchise or any other business
or commercial right.
Any financial assets not exceeding Rs.1.00 lakh is exempt from enforcement
under the SARFAESI Act, 2002.
Page 16 of 28
< TOP
Answer
12.
13.
Reason
Under the Negotiable Instruments Act, 1881, when a bill is drawn, accepted
or indorsed for consideration, it is called a genuine trade bill.
A bill, which is drawn, accepted or indorsed without consideration, is called
an accommodation bill.
When a negotiable instrument is delivered conditionally or for a special
purpose as a collateral security or for safe custody only, and not for the
purpose of transferring absolutely property therein, it is called an escrow.
An instrument which in form is such that it may either be treated by its
holder as a bill or as a promissory note is known as an ambiguous
instrument.
An instrument, which is incomplete in some respects, is called Inchoate
instrument. When one person signs and delivers to another, a stamped
instrument which is either wholly blank or incomplete, he thereby gives a
prima facie authority to the holder thereof to make or complete, as the case
may be, upon it a negotiable instrument, for any amount not exceeding the
amount, covered by the stamp. Such instrument is called an inchoate
instrument.
The provisions of the Information Technology Act, 2000 are not applicable to the
following set of documents:
< TOP
< TOP
14.
A negotiable instrument as defined in Section 13 of the Negotiable

Instruments Act, 1881 (excluding cheques as amended);
A power-of-attorney as defined in Section 1A of the Power of Attorney Act,
1882;
A trust as defined in Section 3 of the Indian Trusts Act, 1882;
A will as defined in clause (h) of Section 2 of the Indian Succession Act,
1925 including any other testamentary instrument ;
Any contract for sale of conveyance of immoveable property or any interest
in such property.
The broad objectives of the Central and State Councils under the Consumer
Protection Act, 1986 regarding availing of services include:
< TOP
Right of protection against unfair trade practices and restrictive trade

practices.
Right of assurance and access to services at competitive prices.
Right to consumer education.
A claim also lies against the trader who charges in excess of the price fixed by or
under any law, displayed on the goods or package containing goods, displayed on
price list exhibited by him or agreed between the parties. There is nothing to
exclude bargain prices (or reasonable price advertisements, etc). However, the
consumer courts will not look into the actual pricing of the goods and services.
Hence, option D is correct answer.
15.
Broadly, all disputes involving Civil Rights, which fall within the jurisdiction of
Civil Courts, are referable to Arbitration.
No arbitration agreement can validly be executed which calls for the adjudication
of the following matters:
Matrimonial matters and matters connected with conjugal rights.

Industrial Disputes and Revenue matters.
Testamentary Matters under the Succession Act.
Insolvency, Dissolution and Winding-up Proceedings under Companies Act.
Criminal Proceedings.
Matters under Indian Trust Act, Trusteeship of Charitable Institutions, Public
charity, matters falling within the purview of Monopolies and Restrictive
Trade Practices Act.
Determination of guardianship or Wards.
Therefore, illegal transactions cannot be referred to arbitration. Hence, C is
correct answer.
Page 17 of 28
< TOP
Answer
Reason
16.
Negligent conduct with respect to explosive substance (Section 286): Whoever

does, with any explosive substance, any act to rashly or negligently as to
endanger human life, or to be likely to cause hurt or injury to any other person, or
knowingly or negligently omits to take such order with any explosive substance
in his possession as is sufficient to guard against any probable danger to human
life from that substance, shall be punished with imprisonment, of either
description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
Therefore, in the given instance, Sri Palaniappan Fireworks Ltd., can be held
liable for negligent conduct with respect to explosive substance. Hence, option
E is correct answer.
< TOP
17.
One creates a document when one composes an electronic mail message; it

becomes a record when one sends it.
Therefore, in the given instance, under the Information Technology Act, 2000,
this e-mail becomes an electronic record for Sumant, when it is sent by Sumant
on December 18, 2008. Hence, option B is correct answer.
< TOP
18.
The policy of marine insurance can be assigned or transferred to the persons

having the insurable interest in the subject matter of the insurance contract, unless
prohibited by the contract itself. The assignment may be made either earlier or
after happening of the event and suffering the loss. The assignment of the policy
can be made either by an endorsement or by any other method, which is approved
and established by the law.
The presence of insurable interest in the marine insurance contract makes the
contract valid. Insurable interest need not be present at the time of conclusion of a
contract, but it must be present at the time of happening of the event.
Therefore, in the given instance, as Upendra has an insurable interest at the time
the goods were lost he can make a claim for the loss. Hence, option C is correct
answer.
< TOP
19.
When the drawee of a bill of exchange signifies his consent in writing to the
drawers order in the bill, by signing across the face of the bill with or without the
word accepted and delivers back the bill to the holder, the bill is said to have
been accepted.
Therefore, in the given instance, there is a valid acceptance of the bill by Akansha
under the Negotiable Instruments Act, 1881, when she puts her signature on the
face of the bill and delivers it back to the Akriti. Hence, option C is correct
answer.
< TOP
20.
Following are the characteristics of Over The Counter Exchange of India

(OTCEI):
< TOP
A ringless trading mechanism

Creation of liquidity
Computerized and transparent trading
Two way quotes, one for sale and the other for purchase
Permission to trade in equity and debentures.
21.
The definition of insurer under section 2(a) of the Insurance Act includes an
unincorporated body of individuals.
The definition of insurer under section 2(a) of the Insurance Act does not include
a Principal Agent, Chief Agent, Special Agent or an Insurance agent either
appointed under any Act or recognized by the Act undertaking insurance
business.
Page 18 of 28
< TOP
22.
Answer
Reason
Privileges of a holder in due course under the Negotiable Instruments Act, 1881
include:
< TOP
If the negotiable instrument is lost, the defenses on the part of a person liable
on a negotiable instrument cannot be set up against a holder in due course.
Once negotiable instrument passes through the hands of a holder in due
course, it gets cleansed of all the defects provided the holder in due course is
not party to the fraud.
Until the instrument is duly satisfied, every prior party to a negotiable
instrument is liable to a holder in due course.
The law presumes every holder as a holder in due course, although the
presumption is rebuttable.
The validity of the instrument as originally made or drawn cannot be denied
by the maker/drawer/acceptor for honor in a suit initiated by a holder in due
course.
Hence, option B is correct answer.
23.
Causing wrongful loss or damage to public or any person by deleting, altering or

destroying any information residing in the computer is known as hacking. Hence,
option D is correct answer.
< TOP
24.
The complaint must be decided within 3 months of its receipt. Previously the
complaint was acted upon on its receipt; now it is only after the complaint is
admitted that a copy is served on the opposite party. The admissibility of the
complaint must be decided within 21 days of its receipt. If the opposite party on
receipt of a complaint denies or disputes the allegations contained in the
complaint, or omits or fails to take any action to represent his case within the time
given by the District, State or National Forum, the respective forum proceeds to
settle the consumer dispute. It may either dismiss the complaint or decide it on
merits.
Hence, option A is correct answer.
< TOP
25.
< TOP
The part of atmosphere that is associated with the prevention of the ultra
violet (UV) radiations from falling on the earth is known as Stratosphere.
The part of atmosphere that is associated with the maintenance of heat
balance is known as Troposphere.
The part of atmosphere that is associated with the non-propagation of sound
waves is known as Mesosphere.
The part of atmosphere that is associated with the ionization of gases in
known as Thermosphere.
Water that occupies four-fifths of the earths surface is called the
hydrosphere.
The rest of the earths surface that is in the form of land is known as
Lithosphere.
All living organisms like plants, animals and human beings constitute the
Biosphere.
Page 19 of 28
Answer
Reason
26.
To terminate the arbitration agreement, there must be an agreement to that effect.

A valid agreement to terminate an arbitration agreement prevents either part from
commencing fresh arbitration proceedings on the same issues. Subsection 2(a) of
Section 32 of the Act contains the provision that if the claimant withdraws his
claim and the respondent does not object to that, the arbitral tribunal shall order
termination of the arbitral proceedings because the parties, by a tacit agreement,
have terminated the arbitration agreement. Moreover, under section 2(b) of
Section 32 of the Act, the parties, by agreement, may terminate the arbitration
agreement and consequently, the arbitral tribunal shall order the termination of
the arbitration proceedings.
Therefore, in the given instance, the parties can terminate the arbitral proceedings
midway through the arbitration by entering into an agreement to that effect.
< TOP
27.
Consumers do not include persons who obtained goods and services for
commercial purposes. The persons who buy goods avail services for resale or for
commercial purpose fall outside the scope of consumers under the Consumer
Protection Act, 1986. The purchase of magnetic crack detector by a limited
company and the purchase of bearings were held to be purchased for commercial
purpose.
Therefore, in the given instance, Gyaneshwar Fabrications cannot file a consumer
complaint as the machine was purchased for commercial use. Hence, option A
is correct answer.
< TOP
28.
After the expiry of 60 days period, secured creditor can select any or all the
options to recover his dues Section 13(4) such as:
< TOP
Possession/appointment a person to manage the assets under possession.

Take over of management.
Transfer by sale/lease/assignment.
Demand the payment from any person who has acquired the secured assets.
Therefore, in the given instance, Urban Bank can transfer the secured property by
sale/lease/assignment. Hence, option D is correct answer.
29.
The principle of Uberrimae Fide (Good Faith) is the foundation on which the
insurance policy is constituted. The product and subject matter i.e. risks are
intangible assets in the hands of the insured and the insurer. The insured, by
knowing the quality and quantity of the risk, proposes for a contract and the
insurer by knowing the facts and conditions laid down in the standard form of
proposal and after considering the proposal of the insured sells the insurance
product to him.
Thus, the duty of disclosure forms an important part of the contract and
disclosure of facts is presumed with good faith.
A proposer should disclose all material facts at the time of making the proposal
for insurance and must continue to do so till the negotiations are completed.
Therefore, in the given instance, Secure Life Insurance Ltd., is not liable as the
notice of illness amounting to material alteration in the risk between proposal
date and acceptance date was not given to it. Hence, option C is correct answer.
< TOP
30.
A/c payee is an example of restrictive crossing.

Not Negotiable, & Company and two transverse parallel lines simply drawn
across the face of the cheque are examples of general crossing.
State Bank of India is an example of special crossing. Hence, option C is correct
answer.
< TOP
Page 20 of 28
Answer
Reason
31.
Double or multiple insurance is insurance of the same risk with more than one
insurer. This happens when the insured insures the same risk with two or more
independent insurers, and the total sum insured exceeds the value of the subject
matter, the insured is said to be over-insured by double insurance. Both overinsurance and double insurance are perfectly lawful, unless the policy otherwise
provides.
< TOP
32.
For the purpose of computation of Statutory Liquidity Ratio, the following assets
are takein into account:
< TOP
Cash in hand (India)
Balance in current account with Reserve Bank of India (RBI)
Balance with RBI over the minimum reserve requirement
Investment in government securities, treasury bills and other approved

securities in India, excluding borrowings from RBI against approved
securities.
33.
A negotiable instrument is freely transferable. It can be transferred by mere

delivery or by indorsement and delivery. The former is known as payable to
bearer and the latter is known as payable to order. Hence, option E; is correct
answer.
< TOP
34.
The regulatory objectives of the Competition Law are intended to serve the
< TOP
Safety and stability of domestic markets

Transparency of business practices
Prevention of abusive practices
Institutionalization of supervision over barriers to fair competition
Sustained benefits to consumers.
35.
For the application of the rule of strict liability, there must be:
< TOP
Dangerous thing.
Escape.
Non-natural use of land.
Exceptions to the rule of strict liability:
Plaintiff own default
Act of god
Consent of the plaintiff
Act of third party
Statutory authority.
36.
The conciliator may, at any stage, propose a settlement even orally, and without
stating the reasons for the proposal.
Therefore, in the given instance, Motilal Oswal can propose an oral settlement
between the parties at any stage and he is not required to give reasons for the
proposal. Hence, option E is correct answer.
Page 21 of 28
< TOP
Answer
Reason
37.
It is obligatory on the complainant or appellant or their authorized agents and the

opposite parties to appear before the Forum/Commission on the date of hearing or
any other date to which hearing could be adjourned. An ex parte order based on
complainants evidence may be granted where the defendant fails or omits to
appear or represent his case.
Appeal against the decision of a District Forum can be filed before the State
Commission.
Therefore, in the given instance, Home Needs Ltd., can file an appeal with the
State Commission to set aside the ex parte order passed by the District Forum.
< TOP
38.
During an investigation or pending enquiry, in order to protect the interests of

investors or the securities market, the Securities Exchange Board of India (SEBI)
may:
< TOP
Suspend trading of a stock in a stock exchange.

Restrain persons from accessing the securities market and prohibit any
person associated with the securities market to buy, sell or deal in securities.
Suspend any office bearer of any stock exchange or self regulatory authority.
Impound and retain the proceeds or securities of any transaction under
investigation.
Attach after the specified process, for a period not exceeding one month, the
bank account(s) of any intermediary or any person associated with the
securities market in a matter involving violation of the provisions of the
SEBI Act.
Therefore, in the given instance, the SEBI is empowered to attach the bank
account of an intermediary for violation of provisions of the SEBI Act, 1992,
during an investigation. Hence, option D is correct answer.
39.
The law recognizes the existence of insurable interest in the life of ones spouse.
Therefore, in the given instance, Shalini can make an insurance claim against the
company as she has an insurable interest in the life of Siddharth, being his wife.
< TOP
40.
Gautam can recover the amount from Shyam as he got the title from Gopal who is
a holder in due course. More over Gautam is not a party to the fraud. Once the
title has been cleansed of the defect the subsequent parties get a good title. Thus
Gautam gets a good title.
< TOP
41.
Every injury or damage will have some act or omission as reasons. Sometimes,
when the seller has sold the product to the buyer or the consumer, there are
chances that the buyer has altered it substantially after it passes from the
manufacturers control and if such alteration has become the proximate cause of
the injury to the plaintiff, then the manufacturer can plead such alteration as a
defence to surface his liability.
In the same way if the plaintiff makes some modifications, which were not
known to the manufacturer, and such modifications have changed the product to a
superseding extent, and has become the cause of the injury, then also the
manufacturer cannot be made liable, as he can plead the defence of remote cause.
These instances of alterations and modifications provide an opportunity for the
manufacturer to plead the defence, that the safe product sold by him was made
unsafe by the buyer, due to the subsequent changes brought by the injured party,
i.e. plaintiff or the consumer.
Therefore, in the given instance, Ranjit cannot file a product liability claim as
Mony Consumer Electronics can put up the defence of unauthorized alteration
and modification in the laptop. Hence. Option E is correct answer.
< TOP
Page 22 of 28
Answer
42.
Reason
OTCEI provides the following advantages to the investors:
< TOP
Investors need not go to the distant stock exchange but can trade through the
counters of OTCEI set-up at several centres.
OTCEI removes illiquidity by introducing new market players namely
compulsory market makers to help the small investors for sale of their
securities.
Investors will display security prices online and hence, price blindness is
removed.
OTCEI helps to reduce the delay in settlements.
OTCEI intends to provide the information relating to the companies to all its
investors.
Therefore, in the given instance, it is incorrect to suggest that settlements are
delayed in case of trading through OTCEI. Hence, option D is correct answer.
43.
The proximity of cause is an important element of insurance contract. The

payment of compensation depends upon the nature and proximity of cause
resulting in the loss of the asset. Proximate cause is the immediate cause that
resulted in the loss of the asset. It is that cause without which the loss would not
have occurred. It is the cause which is most closely and directly connected with
the loss not necessarily in time but in efficiency and effectiveness. This doctrine
is applicable when the insured peril need not be the initial cause and it is not
direct result of the operation of an external peril, but then risk insured against
must actively take place. An insurer is liable for any loss proximately caused by a
peril insured against.
Any loss resulting from an apparently necessary and bona fide effort to put out a
fire, whether it be by spoiling the goods by water or throwing the articles of
furniture out of the window or even by destroying a neighbours house by
explosion for the purpose of checking the progress of flames is within the policy.
Therefore, in the given instance, the insurance company has to pay the loss
caused by entry of water into Manjeet Singhs house as it was proximate cause to
the fire. Hence, option D is correct answer.
< TOP
44.
According to Section 138 of the negotiable Instruments Act 1881, in order to

issue a notice to the drawer under this section for dishonour of cheques, the
cheques should have been issued in partial or full discharge of a legally
enforceable debt, but not issued as a gift or to discharge a moral obligation.
< TOP
45.
All general insurance contracts are short term contracts.

Insurable interest consists of pecuniary interest in the subject matter of
insurance and derived due to legal relationship with it.
Insurable interest should be present at the time of happening of interest.
Principle of indemnity is applicable in general insurance contracts.
Amount payable as compensation depends on various factors like availability
of assets, importance of asset, proximate cause and intention of the insured.
Hence, option D is correct answer as the statements mentioned in the other
options are false statements.
< TOP
46.
Under SARFAESI Act, 2002, a borrower aggrieved by the notice of a bank

intimating the details of amount due and the security interest to be enforced in
case dues are not recovered from 60 days from the date of notice, has a right to
appeal to the Debt Recovery Tribunal (DRT).
< TOP
47.
A bill payable after sight (also known as usance bill) is entitled to three days of
grace under the Negotiable Instruments Act, 1881.
< TOP
48.
Any liability of the manufacturer, wholesalers, distributors or vendors for the

injury or damage caused by the use of the product due to it being dangerous or
defective in nature is known as Product liability. Hence, option A is correct
answer.
< TOP
Page 23 of 28
49.
Answer
Reason
The District Forum may refuse to entertain a complaint on the following grounds:
< TOP
Lack of jurisdiction;
Non-payment of prescribed fee;
Frivolous or vexatious complaints;
Complainant is not a consumer;
Dispute is not a consumer dispute;
Lapse of time (bar of limitation);
Other forum is seized of the same matter.
Therefore, the District Forum cannot refuse to entertain a complaint in case the
complainant is a consumer association. Hence, option B is correct answer.
50.
< TOP
Advantages of ADR:
Dispute resolution through ADR mechanism is generally faster and less

expensive. The disputants, rather than being run by lawyers, judges and the
State base it on more direct participation. In most ADR processes, the
disputants outline the processes they will use and define the substance of the
agreements. This type of involvement is believed to increase peoples
satisfaction with the outcomes, as well as their compliance with the
agreements reached.
Most ADR processes are based on an integrative approach. They are more
cooperative and less comparative than adversarial Court-based methods like
litigation. For this reason, ADR tends to generate less ill will between
parties.
In fact, participating in an ADR process will often ultimately improve, rather
than worsen, the relationship between the disputing parties. This is a key
advantage in situations where the parties must continue to interact after the
settlement is reached.
One of the disadvantages of ADR is that the critics of ADR mechanism have
concerns about the legitimacy of ADR outcomes, charging that ADR provides
second class justice. Hence, option E is correct answer.
51.
Complaints against foreign concerns are admissible before the redressal agencies,
if such foreign concerns have a branch office within the local jurisdiction of the
ageny.
Therefore, in the given case, the watch was manufactured by an Italian Company,
Illadro Watches, Milan and sold through its exclusive branch office in New
Delhi. As the foreign concern has a branch office in New Delhi and the
compensation claimed is less than Rs.20 lakh, Anvesh has to approach the
District forum of Delhi as the complaint is against a foreign concern whose
branch is in Delhi. Hence, option A is correct answer.
< TOP
52.
Click-wrap or web-wrap agreements are commonly used in connection with ecommerce transactions. These agreements are typically used to specify the terms
and conditions applicable to the use of website as well as to the products and
services purchased over the Internet. With these agreements, the buyer or user
explicitly assents to these terms by clicking on a button stating I agree or I
accept after having had an opportunity to review the terms. An act by the buyer
affirmatively assenting to the terms of the click-wrap agreement significantly
enhances its enforceability.
Therefore, in the given instance, the contract entered into by Nitish is classified as
Click-wrap agreement. Hence, option A is correct answer.
< TOP
Page 24 of 28
Answer
Reason
53.
Both double insurance and over-insurance are perfectly lawful, unless the policy
otherwise provides. For example, a man may insure with as many insurers as he
pleases and up to the full value of his interest with each of them. If a loss occurs,
he may claim payment from the insurers in such order as he thinks fit. But in any
event, he shall not be entitled to recover more than his loss.
Where the assured is over insured by different policies, each insurer is to
contribute ratably to the loss in proportion to the amount for which he is liable
under his contract. If any insurer has already paid the loss to the assured
irrespective of his share, the said insurer in entitled to receive the contribution
from other co-insurers or joint insurers.
Therefore, in the given instance, Pranay can file claim in such order as he thinks
fit and the loss has to be shared by the insurance companies between themselves
in the ratio of coverage provided by them. Hence, option E is correct answer.
< TOP
54.
According to section 56 of the Negotiable Instruments Act, 1881, no writing on a

negotiable instrument is valid for the purpose of negotiation if such writing
purports to transfer only a part of the amount appearing to be due on the
instrument; but where such amount has been partly paid, a note to that to that
effect may be endorsed on the instrument, which may then be negotiated for the
balance.
According to the later part of Section 56, a bill which has been endorsed pay A
or order Rs.500 being unpaid residue of the bill is a valid endorsement.
Therefore, in the given instance, even though the total amount of the bill has been
negotiated Bandhan and Chinmay are endorsees for only a part of the amount, the
indorsement is invalid as it is a partial indorsement prohibited by the Negotiable
Instruments Act, 1881. Hence, option A is correct answer.
< TOP
55.
It includes liability to a third party incurred by the owner of a ship

It includes liability to a third party incurred by a person interested in the
assured property, on happening of the maritime event
It provides indemnity against marine losses i.e., losses incidental to maritime
adventure
The vessel, the crew and other cargo on board can be insured against marine
perils
The premium is paid in one lump sum and for one time.
< TOP
56.
The price paid for the risk undertaken by the insurer in an insurance contract is
known as premium.
< TOP
57.
Following are the essentials of a valid promissory note :
< TOP
It must be in writing.
It must contain an express promise to pay. An implied promise is not enough
to constitute a promissory note.
The promise or undertaking to pay must be definite and unconditional.
The maker must sign the promissory note without which it is taken as
incomplete and ineffective.
It must clearly point out the maker.
It may be made either jointly or jointly and severally.
The sum payable must be certain without any scope of contingent additions
or subtractions.
The payment must be in money and not in kind.
It should clearly point out the person who is to receive payment on the note.
58.
Under the Information Technology Act, 2000, the time of receipt of an electronic
record when the addressee has a designated computer resource is when the record
enters the designated computer resource. Hence, option B is correct answer.
Page 25 of 28
< TOP
Answer
Reason
59.
Section 27 of the Parent Act dealt with the penalty provision and provided for
imprisonment for a term of one month that may extend up to three years and fine
of Rs.2,000 that may extend to Rs.10,000 for disobeying an order of the
Redressal Agencies. It was not clear as to who should impose this penalty. Now,
Section 27(2) clearly states that the District Forum, the State Commission and the
National Commission shall have the power of a Judicial Magistrate of First Class
for the trial of offence under the Consumer Protection Act, 1986. The forums
have the power to try the offences summarily. The Parent Act had provided for
discretion to the redressal forums to impose lesser punishment than the minimum
prescribed. Such discretion no longer exists.
< TOP
60.
The natural causes of pollution include floods, cyclones, earthquakes and molten
lava from volcanoes. Since, they are the agents of nature and the man has no
control over them, they are known as natural causes.
Man-made causes include:
< TOP
Population growth and Industrialization

Poverty and unhygienic settlements
Urbanization
Depleting natural resources and rising population
Deforestation.
61.
In the given instance, the residents can file a suit under the pollution control laws
as playing songs at a high volume over loudspeakers amounts to noise pollution.
< TOP
62.
Misleading advertisement and false representation emanating from statements

made orally or in writing by the visual representation amounts to unfair trade
practice.
Therefore, in the given instance, the company has resorted to an unfair trade
practice as the mileage claimed by the company in its advertisement was factually
incorrect. Hence, option E is correct answer.
< TOP
63.
The IRDA is empowered to call information from insurance undertakings,

inspection of, conducting enquiries and investigations including audit of the
insurers, intermediaries and other organizations connected with the insurance
business.
< TOP
64.
The facts in the given instance are similar to the decided case of Canara Bank vs.
Canara Sales Corporation, wherein one of the officials of the company had
committed forgeries for over a decade. However, the company did not raise any
objection to the entries made in the pass-sheets during that period. It was
observed that the bank cannot escape its liability keeping in view the fact that the
contract between the banker and the customer did not specify that discrepancies
should be brought to the notice of the banker. Also, there was no ratification of
the same by the customer.
Therefore, in the given instance, Madhuri Technologies Ltd can sue the bank to
recover the amount from the City Bank which cannot escape its liability even
though the company did not raise any objection to the entries in the statement of
accounts. Hence, option A is correct answer.
< TOP
65.
Every stock exchange desirous of being recognized for the purpose of the
Securities Contracts (Regulation) Act, 1956 has to make an application in the
prescribed form to the Securities Exchange Board of India (SEBI).
< TOP
Page 26 of 28
Answer
Reason
66.
In a life insurance policy a person need not prove the insurable interest when the
policy is on ones own life. A person has insurable interest in his own life to an
unlimited extent.
The law recognizes the existence of insurable interest in the life of ones spouse.
Insurable interest is also recognised in the policies where ceditor has purchsed the
policy in the name of the debtor and by an employer in the name of an employee.
A business partner has the insurable interest in the life of his business co-partner
to the extent of the partners share in the business.
< TOP
67.
Following are some of the instances, where a banker may refuse to honour the
customers cheques:
< TOP
Where a post dated cheque is presented for payment prior to the date it bears,
then the banker will be justified in refusing to honour the cheque.
Where a customer does not have sufficient funds to his credit (i.e. there are
no funds or funds available are not enough to cover the amount of the
cheque), then the banker may dishonour the cheque.
If the funds of the customer are subject to a lien by the banker, the
customers cheque is likely to be dishonoured.
A banker will also be justified in dishonouring a cheque that is ambiguous,
unclear or contains a material alteration.
The cheques of a customer who has been declared insolvent are also liable to
be dishonoured.
Similarly, where the customer has countermanded the payment, the banker is
justified in refusing payment of the customers cheques.
Where the banker receives notice of either the customers death or insanity,
he may refuse payment. However, any payment made before notice of death
will be valid.
According to Section 85 of the Negotiable Instruments Act, 1881, when a cheque
is originally drawn payable to bearer, the drawee bank is discharged by making
payment of that cheque in due course to the bearer of that instrument irrespective
of the nature of indorsement that appears on it whether it may be in full, or in
blank, or even if the indorsement purports to restrict or exclude further
negotiation. Hence, option D is correct answer.
68.
Under the Information Technology Act, 2000, tampering with computer source
document by concealing, destroying or altering it is punishable with
imprisonment up to 3 years or a fine up to Rs.2 lakh or both. Hence, option E is
correct answer.
< TOP
69.
Anti-competitive agreements are classified into:
< TOP
Vertical agreements that include Tie-in arrangements, Exclusive supply

agreements, Exclusive distribution agreements and Resale maintenance.
Horizontal agreements (in relevant markets) that include Prices, Quantities,
Bids, Market sharing and Refusal to deal.
70.
The water pollutants can be classified into:

Inorganic pollutants
Organic pollutants
Sediments and oils
Domestic waste
Industrial and agricultural waste
Fluorides.
Discharge of smoke from industries is a cause of air pollution. Hence, option E
is correct answer.
Page 27 of 28
< TOP
< TOP OF THE DOCUMENT >
Page 28 of 28

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Question Paper

Business Law - II (MB2F2): January 2009

Answer all 70 questions.

Marks are indicated against each question.

Reserve Bank of India

Conduct of game of chance or skill directly promoting the sales of products

5. Which of the following is not a type of arbitration?

10.Which of the following is not a fire insurance policy?

All risks policy

13.The provisions of the Information Technology Act, 2000 are applicable to a

Right of access to services at competitive prices

All matters of civil nature

Is composed by Sumant on December 16, 2008

A ringless trading mechanism

Principal Agent appointed under any Act

Publishing of Digital Signature Certificate with false particulars

Three months from the date of receipt of the complaint

Not Negotiable written between two parallel lines

Cash in hand (India)

Safety and stability of domestic markets

Plaintiffs own default

45.Which of the following statements is true in respect of general insurance contracts?

They are long term contracts

Debt Recovery Tribunal (DRT)

Bill payable 30 days after sight

They are not based on direct participation of disputants

The indorsement is invalid being a partial indorsement prohibited by the Act

55.Which of the following statements is false in respect of a marine insurance contract?

It includes liability to a third party incurred by the owner of a ship

It need not be in writing

Is sent to the designated computer resource

Only (I) above

60.Which of the following is not regarded as a natural cause of environmental pollution?

Policy on ones own life

A fine of Rs.2 lakh only

70.Which of the following is not a direct cause of water pollution?

Discharge of domestic waste

ARC (Assets Reconstruction Company) acquires NPA (Non Performing Asset)

If the company ceases to carry on banking business in India,

According to Section 11 of the Negotiable Instruments Act, a promissory note,

The following are some of the fire insurance policies:

A negotiable instrument as defined in Section 13 of the Negotiable

Right of protection against unfair trade practices and restrictive trade

Matrimonial matters and matters connected with conjugal rights.

Negligent conduct with respect to explosive substance (Section 286): Whoever

One creates a document when one composes an electronic mail message; it

The policy of marine insurance can be assigned or transferred to the persons

Following are the characteristics of Over The Counter Exchange of India

A ringless trading mechanism

Causing wrongful loss or damage to public or any person by deleting, altering or

To terminate the arbitration agreement, there must be an agreement to that effect.

Possession/appointment a person to manage the assets under possession.

A/c payee is an example of restrictive crossing.

Cash in hand (India)

Balance in current account with Reserve Bank of India (RBI)

Balance with RBI over the minimum reserve requirement

Investment in government securities, treasury bills and other approved

A negotiable instrument is freely transferable. It can be transferred by mere

Safety and stability of domestic markets

It is obligatory on the complainant or appellant or their authorized agents and the

During an investigation or pending enquiry, in order to protect the interests of

Suspend trading of a stock in a stock exchange.

The proximity of cause is an important element of insurance contract. The

According to Section 138 of the negotiable Instruments Act 1881, in order to