University of Pune 2006 B.B.A BUSINESS LAW - Question Paper

[3095]– 502
B.B.A. (SEMISTER – V) EXAMINITION – 2006
BUSINESS legal regulations
TIME : three HOURS [ MAX .MARKS : 80
INSTRUCTIONS : 1] ALL ques. ARE COMPULSORY
2] FIGURES TO THE RIGHT INDICATE FULL
MARKS

Q1) (A) describe fraud and point out its effects on the validity f an agreement .
provide suitable examples to illustrate your ans [10]
(B)A borrowed Rs 10000 from B for starting a gambling house
afterwards he refused to return the money. what is the remedy
available to B ? [05]

OR
Q1) (A) elaborate the rule of legal regulations relating to time and place of performance
of a contract ?
[10]
(B) A makes a promise to 3 joint promises X,Y AND Z, X AND Y die
before the promises is performed. who can demand performance of the promise ? [05]

Q2) (A) discuss the general rule that no can provide a better title than he himself has. explain and illusrate the exceptions for this rule. [10]

(B) B buys from A , a furniture maker , a cabinet for Rs 5,000 pays
the whole amount of price and informs A he will take the delivery of the cabinet in a fortnight A threreafter sells the cabinet to C and receives payment in cash . examine the nature of c’s title the cabinet [05]

OR
Q2) (A) What is meant by the right of ‘stoppage ‘in transit’in respect of sale of goods?subject to what conditions and how is this right exercised ?
[10]
(B) A railway company is in possession of goods as a carrier when
an unpaid seller provide notice of stoppage in transit the buyer
of the goods owes money to the railway company also. can
the railway company exercise the right of lien over the goods
in violation of the right of stoppage in transit of the seller ? [05]

Q3) (A) In what various ways maya negotiable instrument be dishonored ? elaborate the duties of holder upon such dishonour ? [10]

(B) A draws on B a bill payable 3 months after sight it passes though several hands before X becomes its holder on presentation by X ,B refuses to pay
explain the rights of X on the bill. [05]

OR
Q3) (A) describe the term ‘holder in due course’ elaborate his privileges under the negotiable instruments act ? [10]

(B) A the holder of a bill transfers it to B without consideration B also transfers it to C . without consideration C transfers it to D for value D transfers it to E without consideration .Discuss the rights of E against A,B,C,AND D [05]

Q4) (A) What do you understand by the term ‘doctrine of constructive notice’ in relation to the memorandum and articles of company as per the companies act,1956 ? [10]
(B) five person are the only members of a private company all of them go in a boat on a pleasure trip into open sea the boat capsizes and all the 5 persons die being drowned .does the private company cease to exist ? [05]

OR
Q4) (A) Who are liable for misstatements in a prospectus ? discuss the extents of civil and criminal liability for such misstatement
[10]
(B) Under the articles of association the directors of the company
had power to borrow up to 10,000 without the consent of the general meeting the directors themselves lent 35000 to the company without such consent and took debentures is the company liable for Rs 35000 [05]

Q5) Write short notes on any 4 of the subsequent : [20]
a)capacity of parties to contract
b)types of endorsement
c)‘complaint and complainant as per consumer protection act 1986
d)the district forum
e)unfair trade practices ]
f)international consumer organization

Earning:   Approval pending.