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BA5104 Legal Aspects of Business

Unit- I
1.What is Contract? (Feb 2012)
Agreements which are enforceable at Law. Every promise and every set of promises, forming
a consideration for each other, is an agreement. All agreements are not contract. Only those
agreements which are enforceable by law are contracts.
2. Write the Essential elements of Contract
Agreement, Intention to create legal relationship, Free and genuine consent, Parties
competent to contract, Lawful consideration., Lawful object, Agreements not declared void,
certainty of meaning, possibility of performance, necessity of legal formalities
3. Define the difference between contract and agreement
Enforceability, legal obligation, binding on parties, Specialty
4. Write the difference between Revocation, Ratification and Rejection
Revocation- Termination of an offer- withdrawal of an offer Ratification means
Acceptance of a contract. Revocation takes place at the instance of the offered Rejection-
takes place at the instance of the offered
5. Define Consideration-
It is essential for an agreement. Something in return. Price paid by one party for the promise
of the other. It may be past, present, or future. But only those considerations are valid which
are lawful.
6. Define Contractual capacity-
He parties to an agreement must be competent to contract. Capability of the parties to enter
in to a contract- those who attain the age of 18, Sound mind, not lunatic, insolvent and idiot.
7. Define Coercion-
Compelled or forced to enter into a contract
8. Define Void Contract-(Feb2014)
Doesnt create any legal relationship. Initially a contract cant be void. Later on it become a
void due to some subsequent events
9. Define contingent contract-
performance of contract is not immediate. Only after the happening and non happening of
some events/ contingency, party can perform/ fulfill the promise.
10. Define Quasi contract- (jan2012)
Person shall not be allowed to enrich himself at the expense of another. In quasi the parties
do not necessarily give consent. In quasi, the liability exists independent of the agreement
and rest upon equity, justice and good conscience.
11. Define Quantum Meruit-
It means as much as earned or in proportion to the work done. A right to sue upon
quantum meruit arises when a party breaches the contract or the contract becomes void. The
aggrieved party may file a suit upon quantum meruit and may claim payment in proportion
to work done. Right to claim the compensation
12. Define Del credere agent-
He is an agent who assumes a special commission for the responsibility of ensuring that the
parties with whom his principal was brought into contractual relations will pay the money
on due date. Extra remuneration guaranteed by the principal for the performance of the
contract by the other party.

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

13. Write the difference between Sub agent- and substitute agent
Sub agent- person employed by and acting under the control of the original agent,
Substituted agent- person appointed by the agent to act for the principal
14. Write the difference between Conditions and Warranties
Condition- stipulation is essential to the main purpose of the contract.
Warranties Stipulation collateral to the main purpose of the contract
15. Define Doctrine of caveat emptor-
Buyer be aware- it is the duty of the buyer to be careful while purchasing goods of his
requirement, and in the absence of any inquiry from the buyer.
16. Who is an unpaid seller?
Payment has not been paid by the buyer. Rights of an unpaid sellerRight against the
goods, Right against the buyer

17. Write the difference between Lein and stoppage in transit


Lien stoppage in transit
Available only when the goods are in the After the seller has parted with the possession of
possession of unpaid seller goods
Available even when the buyer is an Available when the buyer becomes an insolvent
insolvent

18. What do you mean by Negotiable instrument? (Feb2012)


Negotiable Means transferable from one person to another in return for consideration
Instrument Means Any written document by which a right is created in favor of some
person. It is a document which entitles a person to a some of money and which is
transferable from one person to another by mere delivery or by indorsement and delivery.

19. Write various types of Negotiable instrument (Jan2014).


An instrument may be negotiable either by (1) Instruments by Statute or
(2) Instruments by custom or usage
By Statute - Promissory note, bill of exchange, Cheque
By Usage - Bank notes, Bank drafts, share warrants, bearer debentures, dividend warrants,
scripts and treasury bills
20. Define-Holder.
He is either the original payer or any other person to whom the payee has endorsed the instrument
in case of the bearer of the cheque. The bearer is the holder
21. What do you mean by Promissory note?
An instrument is writing containing an unconditional undertaking signed by the maker, to pay a
certain sum of money to the bearer of the instrument
22. What do you mean by Bill of exchange?

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

An instrument is writing containing an unconditional order signed by the maker, directing a


certain person, to pay a certain sum of money to the bearer of the instrument.
23. What is the difference between agent and bailee?
Bailee is the person who reserves possession of goods from the owner for a specific
purpose. Agents are brokers who do not receive possession of goods from the owner for any
purpose.
24. What is meant by termination of agency?
An agency may be terminated in the same manner as any other contract by the operation of law
or by the acts of the parties. In certain cases, the agency is irrevocable i.e. it cannot be terminated.
25. What is meant by Irrevocable of agency?
The relationship between the principle and the agency cannot be terminated. The agency is
coupled with impressed (subject matter). Where the agency has party exercised his authorities.
26. Write the duties of agent:
Instructions to be followed given by principle. 2. Communicate 3. Adverse title limit given within
which he has to act 4. Terminate with agency 5. Liabilities 6. To pay all sum to his principle
27. Write the nature of authority of an agent:
An agent is appointed with some authority by which he can bind the principal with third person.
In general, acts of an agent within his authority, bind his principal. The authorities are express and
implied authority, emergency authority and apparent authority
28. What is meant by termination of agency?
An agency may be terminated in the same manner as any other contract by the operation of law
or by the acts of the parties. In certain cases, the agency is irrevocable i.e. it cannot be terminated.
29. What is meant by Irrevocable of agency?
The relationship between the principle and the agency cannot be terminated. The agency is
coupled with impressed (subject matter). Where the agency has party exercised his authorities
when the agent has incurred a personal liability.

PART_B

1. Explain the elements of Contract act/ All contracts are agreement but all agreements are not
contract- Give reasons (Jan2014)
2. Briefly explain the Classification of contracts
3. Discuss the different ways in which a contract may be discharged.(Jan2011)
4. What are the remedies available to an aggrieved party on the breach of a contract?(Jan2012)
6. How the agency is created and terminated? (Jun2008 &May 2010)
5. Write the requisites of a valid ratification
6. Explain the rights and duties of principal, agents and third party( Jan 2012 June2008)
7. Explain the passing of property from seller to buyer
8. Define CAVEAT EMPTOR and write its exceptions
9. Write the privileges of holder in due course(May2010)
10. What do you mean negotiable instruments? Explain its briefly (Jun2008)

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

11. Define a cheque and state its main characteristics. Can it be accepted like a bill of exchange?
Compare it with a bill of exchange. (Jan 2012)
12. What are the methods available to discharge a negotiable instrument?

Unit II
1. Define-Company-(Feb2014)
Incorporated association, which is an artificial person. Having an independent legal entity, with
a perpetual succession, a common seal, a common capital comprised of transferable shares and
carrying limited liability in relation to its members
2. Define -Memorandum of association-
It is one of the core documents which has to be filed by the registrar of the companies at the time
of incorporation of company
3. What is Doctrine of ultra-vires?
Any activity not expressed or impliedly authorized by the memorandum are Ultra-vire to the
company. It is void ab- initio. Eg: share certificate was forged by the secretary of the company
and issued under the seal of the company
4. Define-Articles of association.
The Articles of Association or just Articles are the rules, regulations and bye-laws for the internal
management of the affairs of a company. The Articles are next in importance to the memorandum
of association which contains the fundamental conditions upon which alone a company is allowed
to be incorporated.

5. Define prospectus. (feb2012) (Feb2014)


Document inviting the public to purchase the shares or debentures of the company. A
document by which an invitation is issued to the public to take shares or debentures of the
company is called prospectus.
6. Write various types of prospectus
Lieu of prospectus- Document without the allocation of shares.
Shelf prospectus. - Prospectus issued by any financial institution or bank for one or
more issues of the securities
7. What is abridged form of prospectus?
Contain similar information similar to a prospectus in a concise and compact matter. So that cost
of public issue of capital may be reduced.
8. Discuss the relationship between Memorandum and Articles of Association of a company.
Memorandum of association- It is one of the core documents which has to be filed by the
registrar of the companies at the time of incorporation of company
Articles of association- Rules and regulation of the company framed for the purpose of
the internal management of is affairs

13. What do you mean by Lifting or Piercing the Corporate Veil?


From the juristic point of view, a company is a legal person distinct from its members.
This principle is referred as the veil of Incorporation.
14. Define - Statutory Companies
These are companies which are created by a special Act of the Legislature. Example is
Reserve Bank of India, the State Bank of India
15. Define Company Limited by Shares.

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

A Company limited by shares is a company in which the liability of its members is limited
by its memorandum to the amount unpaid on the share respectively held by them.
The companies limited by shares may be either public companies or private companies.
If a member has paid the full amount of shares, then his liability shall be nil.
16. Define Company Limited by Guarantee
A Company limited by guarantee is a company in which the liability of its members
is limited by its memorandum to such an amount as the members may respectively
undertake to contribute to the assets of the company in the event of its being wound up.
17. Define- Unlimited Company
An unlimited company is a company in which the liability of its members is not limited by
its memorandum.
18. Define Foreign Company.
A foreign company means a company which is incorporated in a country outside India
under the law of that country
19. Define the term ultra vires
The term ultra vires a company means that the doing of the act is beyond the legal power
and authority of the company.
20. Define Doctrine of Indoor Management
The doctrine of indoor management is a limitation to the doctrine of constructive
notice.
An outsider is presumed to know the constitution of a company but not what may or
may not have taken place within the doors that are closed to him.
PART-B

1. Discuss the contents of Articles of association


2. Write the various types of company.(Jan 2011)
3. Write the formation of company (feb2012) Explain Corporate Veil.
4. Discuss the contents of Memorandum of association. Write the difference between
Memorandum and Article of association(Feb2014)
5. Doctrine of constructive notice (OR) constructive Notice of Memorandum and Articles
6. Define private and Public company. What privileges enjoyed by a private company under the
provisions of Company Law? (feb2012 May 2010 &Jun2008))
7.Write the power, duties and liabilities of Directors (Jun2011)
8. Explain the importance of Corporate governance (Jan2012)
9. Specify under what circumstances will the court order a compulsory winding up of a company?
What is the effect of the winding up of a company?
10. Explain the provisions applicable to a members` voluntary winding up
11. Explain the possible circumstance is lifting of corporate veil. Write short notes on Doctrine
of Constructive notice and Doctrine of indoor management
12. Define holding company and subsidiary company (2) B selects certain furniture in a shop.
The price is settled. He arranges to take delivery of the furniture the next day through his
servant and agrees to pay for the furniture on the first of the next month. The furniture was
destroyed by fire the same evening. Is B liable to pay the price? Give reasons.
13. Under what circumstance lifting of corporate veil is possible? (May 2010)
14. Holding company (2) Statutory Company (3) State the powers and Liabilities of director of a
company. (4) When is a director disqualified for appointment as a director of the company?

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

15. Explain the meaning and importance of prospectus. Write the legal provisions relating to the
issue and registration of a prospectus (jun2008)
16. Discuss the following (1) Alteration of subject clause in a memorandum
(2) Doctrine of Indoor Management(May2010) (3) Articles of association (b). under what
circumstances will the court order a compulsory winding up of a company? What is the
effect of the winding up of a company? (Jan2012&May2010)_

Unit III

1. Writ the formulae to calculate Bonus


Calculation of Bonus--= Salary *declared % of bonus* 12
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100
2. Main objects of payments of wages act?(May2010)
a. It was passed to regulate payment of certain classes of persons employed in
industries.
b.It specifies the particular form in the amount has to be given, only in the form of money,
no mixing of money or barter system can be followed. The wages must be given at
regular intervals. The wages must be given without any unauthorized deductions. It
may be applied to any factory, railways, industry or any establishment workers.
3. Define Scheduled employment?
Employment specified in the scheduled to the act, process or breach of work forming
part of such employment. This schedule is divided into two as
PART I: Woolen carpet or shawl weaving, rice mill, flower mill or dhal mill, tobacco
PART II: Employment in any of agricultural (i.e) farming, diary, harvesting etc.
4. Define Wage (feb2012)
Wages means all remuneration expressed in terms of money or capable of being so
expressed which would, if the terms of employment, express or implied were fulfilled,
be payable to a person employed in respect of his employment or of work done in such
employment.
5. Define Factory: (jun2008)
Factory means any premises including the precincts thereof-whereon ten or more
workers are working, or were working on any day of the preceding twelve months, and
in any part of which a manufacturing process is being carried on with the aid of power
or is ordinarily so carried on, or whereon twenty or more workers are working, or were
working on any day of the preceeding twelve months, and in any part of which a
manufacturing process is being carried on without the aid of power, or is ordinarily so
carried on.
6. Define shift or Relay:
Where work of the same kind is carried out by two or more sets of workers working
during different periods of the day, each of such sets is called a relay and each of such
periods is called a shift

7. What is the manufacturing process? (jan2012)

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

The manufacturing process includes 1. Making, altering, ornamenting, finishing,


packing, oiling, mining, etc,2. Pumping oil, water, sewage,3. Generating, transforming,
etc.,4. Composing types of printing, lithography, printing by letter press
8. What is meant by worker?
Worker means a person employed, directly or by through by any agency with or without
the knowledge of the principle employer, whether for remuneration or not in any
manufacturing process or connected with the manufacturing process but does not
include any member of the armed forces of the union.
9. What are the provisions regarding the health of workers?
Cleanliness, 2. Ventilation and temperature, 3. Disposal of wastes and effluents, 4.
Artificial humidification, 5. Overcrowding, 6. Lighting, 7. Drinking water, 8. Latrines
and urinals, 9. Dust and fume, 10.spittoons.
10. What are provisions regarding the safety of workers?
Fencing of machinery, 2.work on or near machinery in motion, 3. Employment of
young persons on dangerous machines, 4. Striking gear and devices for cutting off
power, 5. Self acting machines, 6. Pressure plant, 7, protection of eye, 8. Precaution
against dangerous fume, 9. Revolving machinery, 10. Maintenance of building, 11.
Precaution in case of fire.
11. What are the provisions regarding the welfare of workers?
Washing 2. Storing and drying, 3. Sitting, 4. First aid, 5. Canteen, 6. Shelters, 7.
Crches8. Welfare officers, 9. Rules
12. Working hours of adults?
Weekly hours: No adult worker is allowed to work in a factory for more than 48 hours
in any week. Daily hours: No adult worker is allowed to work in a factory for more
than 9 hours in any day. Intervals for rest: No adult worker should work not more than
5 hours, continuously. There must be at least half an hour interval after 5 hours in a
day.
13. How the young persons are employed?
Employment of children: No child who has not completed his 14th year shall be required
or allowed to work in any factory. Certificate of fitness or token: A child who has
completed his 14th year is allowed to work in any factory unless he has been granted a
certificate of fitness, such child caries a token giving a reference to such certificate.
14. Explaain the working hours for children.
No night shift to children: No child is permitted to work in any factory for more than
four and a half hour in a day and during the night hours .No double employment: No
child is permitted to work in any factory on any day on which he has already been
working in another factory. Limited to two shifts: The period of work of all children
employed in a factory is limited to two shifts which will not overlap more than 5 hours
and each child should be employed in only one of the relays which should not, expect
with the previous permission in writing of the chief inspector, be changed more
frequently than once in a period of 30 days
15. Write Main objects of payments of wages act.
a. It was passed to regulate payment of certain classes of persons employed in
industries.
b. It specifies the particular form in the amount has to be given, only in the form of
money, no mixing of money or barter system can be followed.

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

i. The wages must be given at regular intervals.


ii. The wages must be given without any unauthorized deductions.
iii It may be applied to any factory, railways, industry or any establishment
workers.
16. What does the wage include?
a. Any remuneration payable under any award or settlement between the parties or
order a court. 2. Any remuneration to which the person entitled for his overtime
work or any leave period. Any additional remuneration payable under the terms of
employment.
b. Any sum which the employer has to pay in case of termination of the employee.
17. Write the rules for payment of wages.
a. Responsibility for payment of wages(sec. 3).Fixation of wage period.
b. Time of payment of wages.Medium of payment of wages.
18. Write the time for payment of wages?
a. Wages to be paid before 7th or 10th day of every month.
b. Wages in case of termination of an employee has to be paid before the expiry of the
second day. Wages are to be paid during the working hours only and on working days
only. Exemption: The state government may, by general order exempt the person
responsible for the payment of wages.
19. Explain the various deduction from wages?
Deductions for fines. Deductions for absence from duty. Deductions for services such as
house accommodation, water, light supply etc .Deductions for damages or loss caused by
employee.Deductions for recovery of advance.Deductions for payments to co-operative
societies and insurance schemes.
20. Define Adolescent:
Person who has completed 14 years but not completed 18 years.
21. Define Adult:
Person who has completed 18 years.
22. Define Employer:
He is a person who employs, directly or through another person, or whether on behalf of
himself or any other person, or more employees, in any schedules employment in respect
of which minimum rates of wages have been fixed under the act.
23. Define Child
He is a person not completed 14 years.
24. Write the rules regarding fixing and revising minimum wages:
Sec 5, The procedure for fixing and revising minimum wages, there are two methods,
either of which can be followed by the appropriate government. Committees and sub-
committees are appointed to hold inquiries, and advise the government in the first
method. But the committee is only an advisory body and the government is not bound to
recommendations.
25. Define Overtime:
Supposing a person who works in scheduled employment is required to work beyond the
normal hours of his duty, he shall be paid overtime allowance at the rate fixed under this
act or under any law of the appropriate government.
26. What do you mean by Bonus? (jun2008)

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

Bonus means a cash payment made to employees in addition to wages. It represents a


share of profit made by an industry as a result of the joint contribution of capital and
labour.
27. What is Available Surplus?
The available surplus comprises of the gross profits for the accounting year after
deducting certain prior charges. Further any amount equal to the tax saved on the account
of bonus in respect of the immediately preceding accounting year should be added.
28. What is Allocable Surplus?
This expression means 67% of the available surplus in an accounting year, in relation to
an employer, being a company, other than a banking company, which has not made the
arrangements prescribed under the Income Tax Act.

29. Who are the persons eligible for Bonus?


Every employee shall be entitled to be paid by his employer in an accounting year, bonus,
in accordance with the provisions of this Act, provided he has worked in the
establishment for not less than thirty working days in that year.
30. Who are disqualified from receiving Bonus?
Notwithstanding anything contained in this Act, an employee shall be disqualified from
receiving bonus under this Act, if he is dismissed from service for-Fraud; orRiotous or
violent behaviour while on the premises of the establishment; or Theft, misappropriation
or sabotage of any property of the establishment
PART-B
1. Write the provisions related to health and welfare
2. Write the provisions related to safety (Jan 2011&2012)
3. Brief about the working hours, overtime wage, under factories act
4. Write the provisions related to Employment of women and children
5. Write THE objectives and adjudications of industrial disputes act(Jan 2011&2012
May2010)
6. Write a note on lay-off and retrenchment Write a note on strike & lock-out.
7. Write the objectives and application of the payment of bonus act, 1965(May2010)
8. Define the following terms -Available surplus, allocable surplus, set on and setoff
9. Who are all eligible and not eligible to get bonus?Explain the computation of the gross profit.
10. Enumerate the important provisions of Payment wage Act
9.Explain the various deductions from Wage (Jun2008)

Unit IV
1. What is Tax planning? (Jun2008)

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

Arrangements of financial activity.


2. Write the objectives of Tax planning-. (Jan2012)
Save the hard labour of the tax payer and enjoy the fruits of his income and wealth,
Reduction of tax liability, Minimization of litigation, Productivity investment.
3. Define Tax Evasion- (Jun2008)
Evade their tax liability.
4. Define Tax Avoidance- (Jun2008)
Minimize or adjusting the account with in the four corners of tax law.
5. What do you mean by Onus of Proof?
Duty of the tax assessee to produce all relevant fact.
6. Define Input Tax-
Payable by a registered dealer in the course of business, on the purchase of any goods made
from a registered dealer.
7. Define Output tax-
Tax charged or chargeable under this act by a registered dealer in respect of sale of goods
in the course of his business
8. What are the various types of dealers?
TOT dealer
VAT dealer
Exempted dealer
9. Write various types of sales Tax-
Single point sales tax- tax imposed at only one point between production and sales
Multiple point Tax levied at all stages of commodity
10. How will you determine sales tax ? Rate of tax * Aggregate of sales
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100
11. Write varius types of registration- Voluntary Dealer whose turnover exceed Rs30,000
and who deals multiple point tax goods can apply voluntary registration.
Compulsory- Turnover is more than Rs. 50,000
12. Define- Octroi
Toll or tax levied at the gates of a city on articles brought to the city

13. Define VAT (feb2012)


It is one of he stepping up measures of fiscal reforms in the changed globalize scenario
14. Explain the elements of Sale.
Transfer of property in goods
Two parties
Consideration
Valid consent of both parties

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

15. Define Deemed sale.


Transfer of consideration of controlled commodities
Transfer of consideration of property of goods
Delivery of goods on hire purchase/ Installments
Transfer of right to use any goods for the purpose of cash or valuable consideration
16. Define Zero tax company.
Company is showing book profits and declaring dividends to share holders but they were not
paying income tax
20 Define MAT.
In order to bring zero tax company under income tax act section 115 JA was introduced with
effect from assessment year 1997-98. According to this section, taxable income of a company
compute under this act, levy 30% of tax of its book profit.
21. Define ad valorem duty.
Levy of octroi either on specific basis or advalorem
It is based on value of articles
Types Low advalorem- less cost articles
High advalorem- high cost articles
22. Explain the issues towards implementation of VAT.
1. Tax is collected at each stage of sale when there is a value addition to the goods
2. Several taxes are still not covered under VAT
3. CST will be eliminated over a period of time
4. Tax is only on value added items
PART-B
1. Explain the significance of VAT
2. Write the objectives and salient features of CST (Jun2008)
3. Explain the ways of Dealer Registration under sales tax act
4. What is the difference between VAT , CST, Sales Tax, Excise duty, Customs Dutyand
CENVAT? (Feb2014)
5. write a note on Sales Tax
6. Define Corporate Tax Planning Explain the need and importance of tax planning.
7. Briefly explain Tax Management.
8. Explain the important provisions under Central Sales Tax Act. (Jan 2011&feb2012)
9. Explain the various Mode of Charging Sales Tax
10. Explain the process and the practical Implications of VAt(jan2011&2012 (Feb2014))
11. Explain the advantages and disadvantages of VAT (Jan2012may2010)
12. Define Tax Evasion, Tax Avoidance and Explain Tax Management.
Unit- V
1. Write the objectives of Consumer protection Act: (feb2012)
To provide for the better protection of consumers, Io provide simple and speedy and
inexpensive redressal to the consumer grievances, and award for compensation where ever
appropriate to the consumer.

2. . What is restrictive trade practice:

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

Which requires a consumer to buy, hire, or avail of any good or service as a condition
precedent for buying, hiring or availing of any other goods or services?

3. What do you mean by Unfair trade practice?


Purpose of promoting sale, use or supply of any goods or for the provision of any services,
adopts any unfair method or deceptive practice including the following
False or misleading representation, bargain price, offering of gifts, prizes, non compliance
of product safety standard, hoarding or destruction of goods

4. What is Consumer Protection council


Central Consumer Protection council and State Consumer Protection council

5. Write the various Redressal machinery.


District forum, State commission, National Commission, Supreme Court

6. Define Cyber Law.


Law of the internet and World Wide Web
7. What is Cyber Crime? (Feb2014)
Act that are punishable by the Information technology Act would be unsuitable as the
Indian Penal code also covers many cyber crimes, such as e-mail spoofing and cyber
defamation, sending threatening e-mails etc.

8. Write various types of Cyber CrimeJun2008)


Hacking, cracking, security related crimes, Net work Packet Snifters, Inter net protocol
Spoofing, Password attacks, Fraud on the Internet, Online investment newsletters,
Bulletin Boards, E-mail scams, Credit card fraud, Publishing of false digital Signature,
Making available digital signature for fraudulent purpose, Alteration and Destruction of
digital information and Pornography on the Net.

9. What do you mean by Encryption?


Sending a postal mail to another party with a lock code on the envelope which is known
only to the sender and the recipient. Encryption means use of secret codes and ciphers to
communicate information electronically from one person to another use the codes and
ciphers

10. Define Cryptography.


Study of secret codes and ciphers and the innovations that occur in the field.

11. Define GATT-.


General Agreement on Trade and tariff. It was created to facilitate world trade. Remove
trade barriers
12. What is Tariff barrier-?
Custom Duty is a common example. Custom duty increase the cost of imports thus,
discourages imports. It protects domestic manufacturer against foreign competition.

13. Define Non- Tariff barrier-

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

Country prohibited the import of certain commodities, to encourage domestic industry or


may be a quota on the extent of imports. It ensures that foreign goods do not swamp the
market and destroy indigenous production.
Government also regulates import through license and regulations. All these measures
hinder trade, are called non trade barriers.
14. Define GATT Plus agreement
Those who agreed to reduce the non tariff barrier in Tokyo round in 1973-1979 ( reduce
the non tariff barrier ) They were accepted to incorporate the codes.
15. Define Intellectual Property: Emerge from human creativity, innovation and
engagement. It takes different forms like ideas, inventions, literary works, designs, music
films, computer software and industrial process. IPR have been classified into patents,
copyrights, trademarks and designs.
16. Who is Patentee?
The person in whose favor a patent is granted is called a patentee.
17. What are the Rights of Patentee?
He can sell it to another person. He can grant a license to use the patented property to
others. He can also assign such property to another person. The patent holder has the
exclusive right to make, use, exercise, sell or distribute the inventions in India.
18. What is Biological Diversity Act 2002:
Protect the rights of the breeders and innovators of new forms of seeds and plants.
19. Define Copy writing:
I t is in favor of the author or creator of the work. It arises the moment a person creates
a work.
20. What can be copyrighted?
Literary works- novels, books articles in magazines and journals, lyrics for song and
instruction manuals. Dramatic works: recitation, acting out of any literary work or an
arrangement of scenes, choreographic works and dumb shows. Musical work: Any
original musical work and a particular combination of melody and harmony come under
this category. Artistic work: Painting, sculpture, photograph, drawing of a diagram, chart
or map. Film: Motion pictures, television shows and recording of events. Record: Any
recording of sound
21. Explain the duration of copyright protection:
In case of literary, dramatic, musical or artistic works (other than photograph) Life
time of the author. In addition, it subsists for the next sixty years from the death of the
author. In the case of joint authors, the sixty year period is to be continued after the death
of the who dies last.

In case of literary, dramatic, musical or artistic works (other than photograph) which
is anonymous or pseudonymous, copy right is for sixty years from the date of publication.
The copy right for a photograph and films is for a period of sixty years from the date
of publication.

22. Explain the Broadcast Reproduction rights:

Dr.D.Vetrivelan AP/MBA
BA5104 Legal Aspects of Business

No person can re- broadcast a Broadcast, No person can make a recording of a Broadcast other
than for private use, or for teaching and research. No person is to sell or hire a Broadcast
without a license from the owner.

23. Explain the provision of New Trade Mark Law:


Inclusion of Service Mark
Procedure and duration of registration
Expanded definition of trade mark
Collective Mark
Certification mark
Expansion of the meaning of Trade Mark Infringement
Stringent requirements for registration
24. Define well Known trademarks.
It is a mark used over particular goods or services which has gained sufficient recognition
among the consumers. It need not be registered in India. . Familiarity, even through
advertisement is adequate to constitute a trade mark as a well known trade mark.

PART B
1. What is the function of the state consumer protection council (feb2012)
2. Write as note on: the consumer disputes redressed agencies (May2010)
3. Write a note on Consumer Disputes Redressal Forum. In what manner is a complaint filed
before it? What procedure is followed by it after receiving a complaint?
4. What is the composition of the National Consumer Disputes Redressal Commission? What is
its jurisdiction and what procedure does it follow to settle any complaint (Jun2008)
5. Explain the important provisions under CYBER law (May2010 &Jun2008)
6. Suggest ways and means to prevent Cyber Crimes in India(Feb2014)
7. Explain the important provisions under information technology Act 2000 & 2002( Jan 2011).
8. Explain the salient features of Trade and merchandise Act of 1958.(jan2012)
9. Explain the requirement for registration of a Trade mark.
10. Explain the procedure of registration of Foreign Marks.
11. Explain the provision of New trademark Act.
12. Explain the rights of Owner and activities which are not copyright violations.
13. What can be patented? Explain compulsory licensing.
14. Discuss the causes of growing consumerism. (Feb 2012)

Dr.D.Vetrivelan AP/MBA

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