Q CS EXECUTIVE

Module 2 | New Syllabus

Question Book

ECONOMIC, COMMERCIAL
AND INTELLECTUAL
PROPERTY LAWS
Adv. Chirag Chotrani
1
Laws Relating Foreign
Exchange Management
June 2015 (3 marks)
What is meant by person of Indian Origin?

Dec 2015 (3 marks each)

Alex, a foreign diplomat desires to buy immovable property in India. Is he
permitted to do so ? Give reason in brief.
What are the classes of capital transactions of persons resident in India?

Dec 2015 (5 marks)

Define the term “Authorized Person” under the Foreign Exchange Management
Act , 1999 and state the powers of the RBI to issue direction to an authorized
person.
Dec 2016 (7 marks)
What is direct investment outside India? Discuss the regulations in respect of
acquisition and transfer of immovable property outside India.

June 2017 (5 marks each)

Explain the procedure relating to establishment of Appellate Tribunal under
Foreign Exchange Management Act, 1999.

What are the provisions provisions relating to compounding of FEMA related

offences by the Reserve Bank.

What is current account transaction under Foreign Exchange Management Act,

1999.
June 2018 (5 marks)
What is meant by contravention and compounding of contravention?

Dec 2018 (4 marks each)

Foreign Exchange Management (Possession Possession and Retention of foreign Currency)
Regulations 2015, deals with limits on possessions and retention of foreign currency or
foreign coins. What is the limit of possession or retention of foreign currency or foreign coins
under Regulations 3?

Who is an authorized person under FEMA, 1999 & what are his obligations?

June 2019 (4 marks)

Explain the permissible capital account transactions by an individual under the liberalized
remittance scheme.

June 2019 (5 marks)

How a person resident in India can hold, own, transfer or invest in any immovable property
situated outside India. Comment.

Dec 2019 (5 marks)

Explain the power of the Reserve Bank of India to issue directions to an authorized person
under FEMA, 1999.

Dec 2019 (4 marks each)

Point out the prohibited transactions under the Liberalised Remittance Scheme.

Discuss the establishment and jurisdiction of Appellate Tribunal constituted under the
Foreign Exchange Management Act, 1999.

Dec 2020 (5 marks each)

Name any five permissible current account transactions made by an individual under
Liberalized Remittance Scheme (LRS).

Discuss the provisions relating to mode of acquiring immovable property outside India by a
person resident in India under FEMA , 1999 & Foreign Exchange Management (Acquisition
Acquisition & Transfer of Immovable Property Outside India) Regulations, 2015.
Dec 2020 (4 marks each)
State the obligations of an Indian person who has made direct investment outside India,
under the provisions of FEMA, 1999.

Explain briefly scope and procedure for compounding of contravention under FEMA, 1999.

Discuss the transactions which are prohibited under “Liberalised Remittance Scheme”.

June 2021 (5 marks each)

State the pre-requisites for compounding process in respect of contravention
committed, under the FEMA, 1999.

Upto what limit an authorized dealer may release foreign exchange for business
trip and medical treatment abroad, under liberalized Remittance Scheme(LRS)

June 2021 (4 marks each)

Enumerate the situations in which the drawal of foreign exchange is prohibited
under the Foreign Exchange Management (current account transactions) Rule,
2000.

Describe the remittances by person other than the individual which require prior
approval of the Reserve Bank of India.

Dec 2021 (5 marks)

State the rules relating to acquisition and transfer of immovable property in India
by a Non Resident Indian (NRI).

Dec 2021 (4 marks each)

Explain various modes of acquiring property outside India by a Resident Indian.

What is the object and scope of Foreign Exchange Management Act, 1999?

What is Liberalised Remittance Scheme? What are the facilities available to

students for pursuing their studies abroad under this scheme? Explain.

Dec 2025 (4 marks)

Discuss the provisions for Liberalized Remittance Scheme with respect to
remittances for making tour arrangements or for providing hotel accomodation for
foreign tours.
June 2022 (5 marks)
What are the limits of Current Account Transactions by an Individual under LRS?

June 2022 (4 marks each)

What do you mean by Compounding of contravention?

What is the limit on possessions & retention of foreign currency or foreign coins
under the Foreign Exchange Management (Possession Possession & Retention of
Foreign Currency) Regulations, 2015?

Dec 2022 (5 marks)

What documents are to be submitted by a person resident in India for transfer of
shares, to a person resident outside India by way of gift.

Dec 2022 (4 marks)

Discuss overall scheme of FEMA, 1999.

June 2023 (5 marks)

Elaborate briefly the pre-requisites for compounding process under FEMA, 1999.

June 2023 (4 marks each)

What do you mean by Liberalised Remittance Scheme?

Define the following terms as stated under FEMA, 1999:

A)Automatic Route
B)Government Route
C)Foreign Portfolio Investment
D)Foreign Portfolio Investor.

Dec 2023 (4 marks)

What facilities are available in case of private visits and for emigration under the
Libetalized Remittance Scheme (LRS)?

June 2024 (5 marks)

Vinesh is a person resident outside India. He wishes to acquire the immovable property
in India for carrying on a permitted activity. Explain whether Vinesh can do so under
Section 6(5) of the Foreign Exchange and Management Act, 1999?

Dec 2025 (4 marks)

Explain the “Manner of Repatriation” of Foreign Exchange as per the Foreign Exchange
Management Act, 1999.
Dec 2024 (5 marks each)
Explain and justify the following cases of ‘Resident Individuals’ under Foreign
Exchange and Management Act, 1999
(i) Tushar Mehta wishes to remit a sum of USD 50,000 as gift to his daughter in
France. Whether he can do so ?
(ii) Deepa, a young girl aged 22 years, wishes to go to Poland for a private visit and
she wishes to obtain USD 2,75,000/- for her private visit. Can she obtain ?
(iii) Akanksha, a software engineer is going for an employment in Budapest,
requires a sum of USD 99,000 for her settlement abroad. Does she require prior
approval of Reserve Bank of India?
(iv) Sandeep Sharma VP in a Domestic Indian company is going to visit the
company plant location in New York for 30 days. He estimated a sum of USD
3,00,000 as expenditure. This is his first visit during the FY 2024-2025. Can he do
so ?
(v) Parents of General Manager Sushant Agarwal from Delhi, is residing in Germany.
He seeks your consultancy in sending a sum of USD 2,02,500 to his parents for
their maintenance ?

Dec 2024 (4 marks each)

Why was Foreign Exchange Management Act, 1999 enacted ? What are the key aspects dealt
under the Foreign Exchange Management Act ?

June 2023 (4 marks each)

What do you mean by Liberalised Remittance Scheme?

Define the following terms as stated under FEMA, 1999:

A)Automatic Route
B)Government Route
C)Foreign Portfolio Investment
D)Foreign Portfolio Investor.

Dec 2023 (4 marks)

What facilities are available in case of private visits and for emigration under the
Libetalized Remittance Scheme (LRS)?

June 2024 (5 marks)

Vinesh is a person resident outside India. He wishes to acquire the immovable property
in India for carrying on a permitted activity. Explain whether Vinesh can do so under
Section 6(5) of the Foreign Exchange and Management Act, 1999?

Dec 2025 (2+3=5 marks)

Enumerate the functions of Reserve Bank of India. Among them, explain the banking
functions of Reserve Bank of India.
2
Foreign Direct Investment
Regulations and Policy
June 2015 (3 marks)
What is meant by Foreign currency Convertible Bond (FCCB)?

Dec 2015 (3 marks)

Mention the prohibited sectors\activities in which Foreign Direct Investment is
prohibited.
Dec 2016 (3 marks)
What is “intent & obligation” of foreign direct investment in India under the
Foreign Exchange Management Act, 1999?

Dec 2018 (5 marks)

Prior approval of RBI id not mandatory for transfer of Capital Instruments from
resident to non-resident by way of sale. Comment.

June 2019 (5 marks)

what are the conditions for a Indian company to allot sweat equity shares of its
holding company to its employees, who are resident outside India.

June 2019 (4 marks each)

Under what conditions “Foreign Direct Investment” on LLP is permitted.

Enumerate the sectors\activities where FDI is prohibited under the Foreign

Direct Investment Policy in India.
 Dec 2020 (4 marks)
Discuss various modes of payment allowed for receiving FDI to ab Indian Company.

June 2021 (4 marks)

State the penalties which may be imposed on a person, who contravenes the Foreign
Direct Investment Regulations.

June 2022 (4 marks)

What are the penalties for contravention of Foreign Direct Investment Regulations?

Dec 2022 (4 marks)

Describe the conditions which do not require fresh approval of the Government for
bringing in further foreign investment in a business entity, under FDI in India.

June 2023 (4 marks)

What mandatory documents are required to be submitted for export and import of
goods from\into India?

June 2024 (5 marks)

What are the conditions for foreign investment in LLPs?

Dec 2024 (5 marks)

Indian Satellite & Technology Pvt. Ltd. is an Indian start-up that has recently developed
advanced Satellite technology. A major Aerospace company from Russia is interested in
investing in it. Explain the Entry Routes for investment and compliance to receive the
investment under the Foreign Direct Investment-Regulation and Policy.

Dec 2024 (5 marks)

Under what circumstances can Banks remit winding up proceeds of Companies under
liquidation as per Foreign Direct Investment–Regulation and Policy ?

Dec 2024 (5 marks)

What are the documents required for sale of shares by a ‘Person Resident outside India’
to a ‘Person Resident in India’ as per the Foreign Direct Investment—Regulation and
Policy ?
3
Overseas Direct
Investment
Dec 2018 (4 marks each)
What are the eligibility criterias for forming the trust under the India Trust Act,
1882?

What are the obligation on Indian Party which has made direct investment outside
India?
June 2019 (4 marks)
State the sources within which the Indian mutual funds registered with SEBI are
permitted to invest in overseas direct investment.

Dec 2019 (4 marks)

What is the eligibility criteria for overseas investment by proprietorship concerns
and registered trust.

June 2021 (4 marks)

What are the permissible sources for the funding of Overseas Direct Investment.

Dec 2021 (4 marks)

Can a resident individual acquire\sell foreign securities without prior approval of
Reserve Bank of India ? Comment.

June 2022 (4 marks)

What are the conditions for Indian party tp make investment in overseas joint
venture or wholly owned subsidiaries?
Dec 2022 (4 marks)
What are the provisions relating to Acquisition \ sale of foreign securities by
Resident individual in India./

June 2023 (4 marks each)

Discuss the terms and conditions for overseas direct investment by a
proprietorship concern\ unregistered partnership firm in India.

What do you mean by “Financial Commitment” and “Indian Party” under Overseas
Direct Investment?

Dec 2023 (5 marks)

Chandu intends to make overseas direct investment with a view to earning a
return. Since Chandu is looking at either real estate or lottery, you are required to
state the restriction or prohibitions in context of ODI.

June 2024 (5 marks)

What is meant by Overseas Direct Investment (ODI) and Overseas Portfolio
Investment (OPI) under Overseas Direct Investment?

Dec 2024 (4 marks)

State the permissible sources for funding Overseas Direct Investment.

Dec 2024 (4 marks)

What is the ‘Mode of Payment’ by a person resident in India for making Overseas Direct
Investment as per Foreign Exchange Management (Overseas Investment) Rules, 2022 ?
4
External Commercial
Borrowings
June 2019 (4 marks)
Whether conversion of “External Commercial Borrowings” into equity is
permissible? Comment.

Dec 2020 (4 marks)

Explain the procedure for raising external commercial borrowings under approval
route RBI by the borrower.

Dec 2021 (4 marks)

What is the procedure of raising external commercial borrowings? Explain.

June 2022 (4marks each)

Who are recognized lenders in External Commercial Borrowing Framework?

How hedging is regulated under External Commercial Borrowing framework?

June 2023 (4marks)

In which manner External Commercial Borrowings (ECB) proceeds are permitted to
be parked abroad as well as domestically?

June 2024
NO QUESTION ASKED YET
Dec 2024 (4 marks)
VVR. Murthy, an Industrialist, wishes to take External Commercial Borrowings
from Norway for the purpose of Repayment of Rupee Loan in India. Can he do
so ? Give the end-uses (Negative List) under the External Commercial
Borrowings (ECB).
Explain the following with reference to External Commercial Borrowing (ECB) :
(I) Change of currency of borrowing
(II) Limit and Leverage.
5
Foreign Trade Policy
and Procedure
Dec 2016 (5 marks)
What are the short-term and long term objectives of India’s foreign trade
policy?

June 2017 (5 marks)

Describe the privileges of Export and Trading House Status Holders in
pursuance to the foreign trade policy?
June 2018 (5 marks)
Distinguish between “Capital Goods” and “Consumer Goods” under Foreign
Trade Policy of the Government of India.

Dec 2019 (4 marks each)

Explain the objectives of “Foreign Trade Policy” under the foreign trade
policy for 2015-2020.
What are the privileges of the “Status Holders” under the foreign trade
policy and procedure of India enumerated under the Foreign Trade Policy
2015-2020?

Dec 2020 (4 marks each)

The import and export of which is prohibited under Foreign Trade Policy
and procedure? How can those item be imported and exported?

Discuss the categories of items which are not eligible for Merchandise
Exports from India Scheme (MEIS) under the Foreign Trade Policy and
procedure.
June 2021 (4 marks)
Which types of complaints and trade disputes maybe raise against the exporters
to maintain a good image of the country in abroad to promote export?

Dec 2021 (4 marks)

What are the basic objectives of present Foreign Trade Policy? Explain.

June 2022 (4 marks each)

How does export promotion capital goods scheme facilitate the import of capital
goods for producing capital goods and services to enhance Indian Export
Competitiveness?

What is Importer-Exporter Code? How is it obtained?

Dec 2022 (4 marks each)

Foreign Trade Policy envisages, “ Export should not be a function of marketable
surplus should also reflect an enhancement of economic capacity &
development”. Explain the statement.

Elaborate the objectives of Foreign Trade Policy (FTP) 2023 of India.

Dec 2023 (4 marks)

Who is status holder under the Foreign Trade policy and procedure of India
enumerated as per Foreign Trade Policy.

June 2024 (5 marks)

What is the meaning of “Deemed Exports” for the purpose of Foreign Trade
Policy (FTP) and Goods and Services Tax (GST). What are the benefits for
deemed exports?

Dec 2024 (4 marks)

What are the Key highlights of Foreign Trade Policy, 2023

Dec 2024 (4 marks)

Explain the composition of ‘Committee on Quality Complaints and Trade Disputes’
(CQCTD) under the India’s Foreign Trade Policy and Procedure.

Dec 2024 (4 marks)

What are the privileges of status holder under the Foreign Trade Policy and Procedure ?
6
Law Relating To Special
Economic Zones
Dec 2016 (8 marks)
State the salient features of the Special Economic Zones Act, 2005. Also the
method of appointment and functions of the Development Commissioner.

June 2017 (3 marks)

Discuss the functions of Special Economic Zone Authority under Special
Economic Zones Act, 2005.

Dec 2017 (5 marks)

When the Board of Approval is empowered to suspend the letter of approval
granted to the developer under Special Economic Zone (SEZ) Act, 2005.

Dec 2018 (5 marks)

Capital goods and spares that have become obsolete\ surplus, may be
exported transferred to another Special Economic Zone unit law does not
permit to dispose in Domestic Tariff Area on payment of applicable duties.
Comment.
Dec 2018 (4 marks each)
Section 34 of Special Economic Zones Act, 2005 casts upon the Authority a
duty of undertake such measures as it thinks fit for the development,
operation and management of Special Economic Zone. Explain.

Who can establish Special Economic Zone? Discuss.

June 2019 (5 marks)
Explain under what circumstances the Central Government is
empowered to supersede any authority constituted under Special
Economic Zones Act, 2005? What will be the consequences if such
power is exercise by the Central Government?

June 2019 (4 marks each)

What do you understand by “Offshore Banking unit” under Special
Economic Zone Act, 2005?

How the “Special Economic Zone Authority” is constituted under Special

Economic Zone Act ,2005? Which are the defects or irregularities for
which any act or proceedings of an authority can not be invalidated?

Dec 2019 (5 marks)

State the prime functions of the Development Commissioner as
incorporated in the Special Economic Zones Act, 2005.

Dec 2020 (4 marks each)

State the prime functions of the Development Commissioner as
incorporated in the Special Economic Zones Act, 2005.

Explain the functions and powers of Approval Committee under the

Special Economic Zones Act, 2005.

Discuss the functions of authority constituted under Special Economic

Zone Act, 2005

June 2021 (4 marks)

What is meant by Special Economic Zones (SEZ)? State the purpose and
sailent features of Special Economic Zones Act, 2005.

What is Offshore Banking Unit? Explain the procedure for setting up and
operation of Offshore Banking Unit.

Dec 2021 (5 marks)

“Special Economic Zones are the growth engines of our country”.
Comment upon this statement in view of salient features of Special
Economic Zones Act, 2005.
June 2022 (4 marks)
Explain the guidelines for notifying Special Economic Zone.

Dec 2022 (4 marks)

How the Approval Committee is constituted under the Special Economic
Zone Act, 2005?

June 2023 (4 marks)

Explain the provisions with regards to setting up of unit under Section 15 of
the Special Economic Zones Act, 2005.

Dec 2023 (5 marks)

Analyse the powers of the Central Government to supersede the Special
Economic Zone Authority under the Special Economic Zones Act, 2005.
What will be the consequences of its implementations?

June 2024 (5 marks)

XYZ Ltd. has been granted approval by the Board of Approval for foreign
collaboration and foreign direct investments (including including
investments by a person resident outside India) in the Special Economic
Zone for its development, operation and maintenance. XYZ Ltd. has
persistently defaulted in complying with the directions of the Board. What
action can be taken by Board of Approval against XYZ Ltd. under Section 10
of the Special Economic Zones Act, 2005?

Dec 2024 (5 marks)

What are the guidelines for Notifying the Special Economic Zone under section 5 of
Special Economic Zone Act 2005 ?

Dec 2024 (4 marks)

What is a Special Economic Zone ? What are the guidelines for notifying Special
Economic Zone ?
7
Law Relating To Foreign
Contribution Regulation
June 2015 (5 marks)
Define “Foreign Contribution” under the Foreign Contribution (Regulation)
Act, 2010.

Dec 2015 (3 marks each)

Which organisations\inividuals are specifically prohibited from receiving
foreign contribution under the Foreign Contribution (Regulation) Act,
2010?
State the procedure for making an application for renewal of certificate
under the Foreign Contribution (Regulation) Act, 2010.

June 2016 (5 marks)

Which organisations\inividuals are specifically prohibited from receiving
foreign contribution under the Foreign Contribution (Regulation) Act,
2010?

Dec 2018 (5 marks)

The object of the Foreign Contribution (Regulation) Act 2010 is to legalise
foreign donations and hospitality to office bearers of political parties.
Comment.
Dec 2018 (4 marks)
Which are the organizations persons who are specifically debarred from
receiving foreign contributions under Foreign Contribution (Regulation)
Act, 2010?
Dec 2019 (5 marks)
Enumerate the powers of the Central Government to prohibit receipt of
foreign contribution under the Foreign Contribution (Regulations
Regulation) Act, 2010.

Dec 2019 (4 marks)

State the provisions regarding the penalties and punishment provided
under the Foreign Contribution ( Regulation) Act, 2010.

Dec 2020 (5 marks)

Discuss the circumstances in which the Foreign Contribution (Regulation)
Act, 2010 does not apply.

June 2021 (5 marks)

Enumerate the persons who are prohibited from accepting foreign
contributions under the Foreign Contribution (Regulation) Act, 2010.

June 2021 (4 marks)

When and to whom an appeal may be preferred against the order of
adjudication of confiscation, under the Foreign Contribution (Regulation)
Act, 2010?

Dec 2021 (5 marks)

Discuss the powers of Central Government to prohibit receipt of foreign
contribution.

June 2022 (5 marks)

What kind of restrictions and prohibition have been imposed upon person,
resident of India and citizen of India to accept foreign contribution under
the Foreign Contribution( Regulation)
Act, 2010?

June 2022 (4 marks)

Cancellation of certificate under the Foreign Contribution (Regulation)
Act, 2010". Discuss.
 Dec 2022 (5 marks each)
Elucidate Elucidate the provisions regarding the management of
foreign contribution of person whose certificate has been cancelled or
surrendered.

Section 3(1) of the Foreign Contribution (Regulation) Act (FCRA), 2010

deals with prohibition to receive foreign contribution”. Discuss.

Dec 2022 (4 marks each)

What do you understand by Foreign Hospitality? List the categories of
persons who require prior approval from the Ministry of Home Affairs before
accepting Foreign Hospitality?

Discuss adjudication of confiscation and procedure thereof, under the

Foreign Contribution (Regulation) Act, 2010

June 2023 (5 marks)

Discuss the provisions where the Central Government may call for and
examine any proceedings under the Foreign Contribution (Regulation) Act,
2010.

Dec 2023 (5 marks each)

Explain Explain the provisions of Section 5 of the Foreign Contribution (

Regulation) Act, 2010 relating to procedure to notify on Organization of
political nature.

Amit, a director of Public Limited Company was on a business trip to USA.

Suddenly, he developed chest pain there and was by one Jhon, a US national
who happened to be his friend.
Did Amit violate the provisions of the Foreign Contribution Regulations Act,
2010? Give reason.

June 2024 (5 marks)

Gama is resident i India and citizen of India. He is going to receive the foreign
contribution from US. Explain the foreign contribution and conditions under
which he can receive such foreign contribution under Foreign Contribution
(Regulation) Act, 2010?

Dec 2024 (5 marks)

Describe the modes through which a person can accept Foreign Contribution, under
Section 4 of the Foreign Contribution (Regulation) Act, 2010.
Dec 2024 (5 marks)
What is a ‘Foreign Company’ and what are the conditions for receiving Foreign
Contribution by a Person Resident in India as per provisions of the Foreign Contribution
(Regulation) Act, 2010.
8
Prevention of Money
Laundering
June 2015 (8 marks)
“The problem of money laundering is no longer restricted to the geo-
political boundaries of any country. It is a menace that cannot be
contained by any nation alone.” Discuss this statement in the context of
impact of money laundering and the enactment of the Prevention of
Money Laundering Act, 2002.

Dec 2015 (7 marks)

Define the term “money laundering”. How does it impact the development
of a growing economy? Discuss.

June 2016 (5 marks)

What is meant by “money laundering”? Mention the provisions of the
Prevention of Money Laundering Act, 2002 regarding the obligations of
banking companies, financial institutions and intermediaries.

Dec 2016 (3 marks)

Define the term “money laundering”. How does it impact the development
of a growing economy? Discuss.

Dec 2016 (5 marks)

Discuss the objectives and functions of the Financial Action Task Force
(FATF).
June 2017 (5 marks each)
State the obligation of bank on KYC policy as per guidelines issued by
Reserve Bank of India.
How the attachment of property is executed under Prevention Money
Laundering Act, 2002?

June 2018 (5 marks)

What are the provisions for freezing of assets under Section 51A of the
Unlawful Activities (Prevention) Act, 1967? Briefly discuss.

Dec 2018 (3 marks)

What do you understand by the term “Money Laundering” under the
Prevention of Money Laundering Act, 2002?

June 2019 (3 marks)

What are the effects of Money Laundering on the economic
development of a country?

Dec 2019 (3 marks)

What do you mean by the KYC guidelines as given under the
Prevention of Money Laundering Act, 2002?

Dec 2020 (3 marks)

Define the term “Money Laundering”. What is the punishment for
money laundering?

June 2021 (4 marks)

Which information should be preserved by the banks under Prevention
of Money Laundering Act, 2002?

June 2021 (3 marks)

Explain the obligation which have been imposed upon the banks to
remain cautious under the Prevention of Money Laundering Act, 2002?

Dec 2021 (3 marks)

“Money Laundering is an Economic Crime”. What punishment is
provided for it under Prevention of Money Laundering Act, 2002?
June 2023 (4 marks)
Explain in brief the role of the Financial Action Task Force (FATF) in the
prevention of money laundering under the Prevention of Money
Laundering Act,2002?

June 2024 (5 marks)

What is meant by “Regulated Entities “(REs) under the Prevention of
Money Laundering Act, 2002?

Dec 2024 (5 marks)

Ravinder is a public servant and a sum of ` 50 Lakhs was recovered from his car parked
outside his house while he was sitting in his car with Uttam, a businessman who allegedly
handed over this money to clear his Income Tax file pending with Ravinder. Explain
whether this money can be regarded as ‘Proceeds of Crime’ under the Prevention of
Money Laundering Act, 2002 ? What defense can Ravinder submit to prove that he is not
guilty ? Support your answer with relevant case law

Dec 2024 (5 marks)

What are the impacts of money laundering on economic development ?
9
Law Relating to Fugitive
Economic Offenders
Dec 2023 (5 marks)
Faizal is a fugitive economic offender and has left India to avoid legal proceedings
against him. Discuss the provisions relating to powerof civil\tribunal to disallow civil
claims and attach his property.

June 2024 (5 marks)

Discuss the power of survey by director under law relating to Fugitive Economic
Offenders Act, 2018?

Dec 2024 (5 marks)

Explain the Rules of Evidence and Standard of proof required by the Special Court under
Fugitive Economic Offenders Act, 2018.
10
Law Relating to Benami
Transactions & Prohibition
Dec 2018 (3 marks)
Explain Adjudication of Benami Property under the Benami Transaction
Act, 1988.

June 2019 (3 marks)

Explain the salient features of the Benami Transactions (Prohibition)Act,
1988.

Dec 2019 (3 marks)

State the provisions regarding punishment for Benami Transactions
Incorporated under the Benami Transaction(Prohibition)Act,1988?

Dec 2020 (4 marks)

What do you understand by “Benami Transaction” under the Benami
Transactions (Prohibition) Act, 1988?

Dec 2020 (3 marks)

“A” , an individual, by a transaction, purchased a house in the name of his
wife. Consideration of transaction was paid by “A” ; out of his known
sources. Government seized the house claiming it to be a benami
property. Decide, whether the action of the Government is justified?
June 2021 (3 marks)
In what manner and to whom the service of notice will be served under
the Benami Transaction Act, 1988.

Dec 2022 ( 3 marks)

State the provisions regarding prohibition and punishment for Benami
Transactions (Prohibition) Act, 1988.

June 2023 (4 marks)

Discuss the provisions for the confiscation and vesting of benami
property under the Benami Transactions ( Prohibition) Act, 1988.

Dec 2023 (4 marks)

Elaborate the law and procedure in respect of confiscation and vesting
of benami property under the Benami Transaction (Prohibition) Act, 1988.

Dec 2023 (5 marks)

“A” , an individual, by a transaction, purchased a house in the name of his
wife. Consideration of transaction was paid by “A” ; out of his known
sources. Government seized the house claiming it to be a benami
property. Decide, whether the action of the Government is justified under
the Prohibition of the Benami Transaction Act, 1988?

June 2024 (5 marks)

How is the Management of propertied confiscated under the Law
relating to Benami Transaction and prohibition?

Dec 2024 (5 marks)

Explain the provisions of ‘Offences by Companies’ under Section 62 of the Benami
Transactions (Prohibition) Act, 1988.
11
Competition Law
June 2015 (7 marks)
“The Competition Act, 2002 does not prohibit dominance but the abuse
of dominant position”. Discuss.
Dec 2015 (5 marks)
What do you understand by the word “competition” in the market? In
what way does “competition kill competition” ? Discuss briefly.

Dec 2015 (8 marks)

How is the Competition Commission of India established and what is its
composition? Discuss the procedure laid down for the selection of
Chairperson and other members along with their terms of office under
the provisions of Competition Act, 2002.

June 2016 (5 marks each)

What are the factors which the Competition Commission of India shall
take into consideration to ascertain whether an agreement has an
appreciable adverse effect on competition under the Competition Act,
2002?
What is meant by “bid rigging”? What are the most commonly used ways
in which bid rigging may occur?

Dec 2016 (5 marks)

Write a note on the evolution and development of Indian competition
laws.
June 2017 (3 marks)
Explain the term “Abuse of Dominance” under Competition Act, 2002.
June 2017 (8 marks)
State the composition , duties, powers and functions of Competition
Commission of India under Competition Act, 2002.

Dec 2017 (3 marks)

Describe the duties and powers of Director General under Competition
Act, 2002.

Dec 2017 (8 marks)

Competition spurs efficiency and improves consumer welfare. There is a
close relationship between competition and economic efficiency”. How
for for you agree with this statement?
June 2018 (3 marks)
Briefly explain categorically the conditions that are conducive to
‘Cartelization’.

June 2018 (5 marks each)

What constitutes “abuse of dominance” under Competition Law?

Discuss the duties, powers and functions of Competition Commission of

India.
June 2018 (7 marks)
State the composition of the “Competition Appellate Tribunal”,
comprising of qualification term provisions relating to Resignation and
restriction on employment after the resignation of chairperson and/ or
member; and who can represent the appellant before the Tribunal?
Dec 2018 (3 marks each)
(i) What do you mean by Cartel? Explain it with reference to Competition Act,
2002.
(ii) What agreement are anti competitive under the Competition Act, 2002?
(iii) what constitutes abuse of dominance under the Competition Act, 2002?
(iv) What do you understand by the term “Combination” under the
Competition Act, 2002?
(v) Who is ‘consumer’ under the Competition Act, 2002?

Dec 2018 (5 marks each)

What factors have to be taken into consideration by the Competition
Commission of India for the purpose of determining whether an
enterprise enjoys dominant position or not? Explain.

What orders can be passed by Competition Commission of India under

Section 27 of Competition Act, 2002 after any inquiry into agreement
entered into by any enterprise or association of enterprises or person or
association of persons or an inquiry into abuse of dominant position?
June 2019 (3 marks each)
(a) How the competition commission will determine whether an agreement has
appreciable adverse effect on competition? (3 marks)
(b) Whether the jurisdiction of the competition commission of India extends to
acts/agreements taking place outside India, which affects competition in India?
Explain.
(3 marks)
(c) What is the purpose of competition policy of India and Competition Act, 2002?
(3marks)
(d) What is meant by dominant position under the Competition Act, 2002? (3 marks)
(e) Discuss the consequences of making false statement by a person being a party
to combination under Competition Act, 2002. (3 marks)
June 2019 (5 marks)
Explain what is meant by Bid-rigging, tie-in agreement, Exclusive supply
agreement, and Refusal to deal.

Dec 2019 (3 marks each)

In which circumstances collusive bidding or bid rigging may occur as per the
Competition Act, 2002(b) What penalties are prescribed by the Competition
Act, 2002 for contravention of orders of the Competition Commission.
(c) What do you mean by the term 'person' as given under the Competition
Act, 2002?
(d) Who can appear before the Competition Commission of India? Explain.
(e) State the conditions which are conducive to cartelization under the
Competition Act, 2002.
Dec 2019 (5marks each)
Explain the term ‘Competition Advocacy’ , state whether the Central/state
government may make reference to the Competition Commission for its
opinion on possible effects of such policy on the competition under the
Competition Act, 2002?

Explain the procedure for investigation of combination under the

Competition Act, 2002.

Dec 2020 (3 marks each)

Describe the jurisdiction of Competition Commission of India to inquire and
pass orders in respect of acts and agreement taking place outside India
which are likely to have an appreciable adverse effect on competition in
relevant market in India.

Discuss the functions and powers of Director-General under the Competition

Act, 2002.
What are the objectives of Competition Act, 2002?
What is predatory pricing? Explain.
What do you understand by “Anti- Competitive Agreement” under
Competition Act, 2002?

Dec 2020 (5 marks)

Discuss the duties of Director General under Competition Act, 2002. If a
person fails to comply without reasonable cause with a directions given by
the Commission or the Director-General, what punishment can be given
under the Competition Act, 2002.

June 2021 (3 marks each)

Explain the concept of cartel with reference to the Competition Act, 2002.

State the composition to constitute the Competition Commission of India

under the Competition Act, 2002.

What do you understand by the Vertical Agreement under the

Competition Act, 2002? State various types of Vertical Agreements
mentioned in Competition Act, 2002?

What are factors to taken into consideration by the Competition

Commission of India, for determining whether an agreement has an
appreciable adverse effect on competition?
June 2021 (5 marks)
On what matters the Competition Commission of India may direct for the
division of an enterprise, enjoying dominant position to ensure that such
enterprise or group does not abuse its dominant position.

Describe the penalties which may be imposed for non-furnishing of

information and for making false statement on combination under the
Competition Act, 2002.

Dec 2021 (3 marks each)

What do you mean by cartel?
What do you understand by Anti-Competitive agreements under the
Competition Act, 2002?
What do you understand by the term ”Combination”- under the
Competition Act, 2002?
What is “Collusive bidding’? In which ways collusive bidding may occur?
What constitutes ‘Abuse of Dominance’ under Competition Act, 2002?
Critically analyse the relevant provisons.
Dec 2021 (5 marks each)
What are the factors which are taken into account by the Commission to
determine the dominance position of an enterprise under the
Competition Act, 2002? Discuss.

The basic purpose of Competition Policy and law is to preserve and

promote competition as means of ensuring efficient allocation of
resources in an economy. Discuss.

June 2022 (3 marks each)

What was Raghavan Committee? What were the recommendations of
Raghavan Committee?

Define the term ‘Service under the Competition Act, 2002?

What is the threshold limit for regulation of combination under Section5

of Competition Act, 2002?

Who can appear before the Competition Commission of India?

Why do we need Competition in the market under the Competition Act,

2002?

June 2022 (5 marks each)

How can the order of Competition Commission imposing monetary
penalty be executed under the Competition Act, 2002? Explain.

What is the procedure for inquiry of complaint under Section 19 of the

Competition Act, 2002.

Dec 2022 (3 marks each)

Define the terms “Tie-in agreement” and “exclusive supply agreement”
under the Competition Act, 2002.

Why do we need competition in the market?

What are the conditions that are conducive to cartelization?

Discuss “Competition Law and Policy” under the Competition Act, 2002.

Define “Refusal to Deal” under Competition Act, 2002.

Dec 2022 (5 marks each)
Discuss briefly the establishment, composition and terms of office of
chairperson and other member of Competition Commission of India.

State the factors which are taken into account by the Competition Commission
to determine whether the combination would have the effect of or is likely to
have a appreciable adverse effect on competition in the relevant market?

June 2023 (3 marks each)

Under what circumstances the Central Government may remove the
Chairperson or any member of the Competition Commission of India under the
Competition Act, 2002?

Discuss the provisions when the order passed by the Competition Commission
of India may be rectified under the Competition Act, 2002.

An organization constituted by the owners of Cement Industries unanimously

decided to raise the price of cement above competitive level resulting in injury
to the consumers and to the economy. But the decision taken by the
organization was not in writing and also not intended to enforced legal
proceedings. Discuss whether the decision take by organization may be
considered as as an agreement under the provisions of the Competition Act,
2002?

Mention the most commonly adopted ways in which collusive bidding or bid
rigging may occur.

Explain the provisions regarding “Meetings of Commission” under Section 22 of

The Competition Act, 2002.

June 2023 (5 marks each)

Explain the procedure which is being regulated by the Competition
Commission of India under Section 36(2) while trying the suit under the
provision of Competition Act, 2002.

What are the orders that may be issued by the Competition Commission of
India after inquiry into any agreement entered into by any enterprise or
association of enterprises or any person or any association pf persons or an
enquiry into abuse of dominant position under Section27 of the Competition
Act, 2002?

Titto is seller of dental floss in the market where he holds monopoly as there are
only handful sellers in this product line of dental care. The competitor accuses
him of possessing dominant position and abusing the same. Explain the
understanding of Dominant position and abuse of the same.
 Dec 2023 (5 marks)
Which orders may be issued by the Competition Commission of India after inquiry
into agreements or abuse of dominant position under Section 27 of the
Competition Act, 2002?

Dec 2023 (3 marks)

Describe the adopted ways in which collusive bidding or bid-rigging may occur.

June 2024 (5 marks)

ABC Bearing Limited along with four other companies, who are the key
competitors in the market decided among themselves to revise the prices to be
quoted to Original Equipment Manufacturers (OEMs). Discuss whether this act
amounts to Cartelisation under the Competition Act, 2002.

Dec 2024 (2+2+2+3+3+3=15 marks)

Jindal Steel and Power Ltd. (JSPL), furnished information to the Competition Commission
of India (CCI), invoking Sec. 19 read with Sec. 26(1) of the Competition Act, 2002 and
alleged that Steel Authority of India Ltd. (SAIL), the respondent, had entered into an exclusive
supply agreement with the Indian Railways for supply of rails. According to Sec. 3(4) of
the Competition Act 2000, an exclusive supply agreement would be considered to be
anti?competitive if it causes an appreciable adverse effect on competition in India. In
this case, the other rail suppliers in the industry did not have an opportunity to place
their bids because no tender floated by the Respondent. This resulted in filing a
complaint before the Competition Commission of India (CCI) for the abuse of dominant
position by SAIL. CCI registered the information provided by JSPL and directed SAIL to
submit its comments within two weeks with respect to the information provided to CCI.
SAIL made a prayer for an extension of six weeks for filing comments, which CCI
rejected. CCI found a prima facie case against the respondents. It directed the Director
General (DG) to investigate, granting liberty to the respondent to file its views and
comments before the DG during the investigation. SAIL challenged the correctness of
this order before Appellate Tribunal on the ground of not being heard and hence a
violation of natural justice. Commission made an application before Appellate Tribunal
to implead it (SAIL) as a party to appeal. The investigation by DG was stayed by the
Appellate Tribunal, it rejected CCI’s plea for impleadment on the reasoning that it was
neither a necessary party nor a proper party and observed that reasoning must be
given for any order, direction, or decision taken. Commission went in appeal to the
Supreme Court against this order of the Appellate Tribunal. From the above Case
Study, answer the following questions as per provisions of the Competition Act, 2002 :
(a) What is the meaning of Exclusive Supply/Distribution Agreement ? (2 marks)
(b) What is an Anti-Competitive Agreement? (2 marks)
(c) What is the purpose of appointing Director General under Section 16(1) of the Competition Act,
2002 ? (2 marks)
(d) Whether the parties, including informant (JSPL) or the affected party (SAIL), are entitled to
notice or hearing, as a matter of right, at the preliminary stage of formulating an opinion as to the
existence of the prima facie case ? (3 marks)
(e) Explain the provisions of ‘Inquiry into certain Agreements and Dominant Position of Enterprise’
under Section 19(1) of the Competition Act, 2002. (3 marks)
(f) Explain the provisions of “Procedure for inquiry into certain Agreements and
Dominant Position of Enterprise” under Section 26 of the Competition Act, 2002. (3
marks)

Dec 2024 (5 marks)

Explain the stages involved in the procedure for investigation of combination by the
Competition Commission of India under Section 29 of the Competition Act, 2002.

Dec 2024 (3 marks)

What is cartel ? What are conditions conducive to cartel ?
Dec 2024 (3 marks)
Explain ‘tie-in agreement’ and ‘exclusive supply agreement’ under the Competition Act,
2002.

Dec 2024 (3 marks)

Discuss the factors to be considered by Competition Commission of India while determining
whether an agreement has appreciable adverse effect on Competition ?

Dec 2024 (3 marks)

Explain the provision of appeal, filed against the order of the Appellate Tribunal, under the
Competition Act, 2002.

Dec 2024 (3 marks)

State the penalty provisions for failure to comply with directions of Competition
Commission and Director General under Section 43 of the Competition Act, 2002.

Dec 2024 (5 marks)

Who is authorized to pass an order for division of an enterprise which is enjoying
dominant position under the Competition Act, 2002 ? Explain the provisions with regard
to division of enterprise enjoying dominant position.
12
Law Relating to Consumer
Protection
June 2015 (3 marks)
What amounts to defect in goods under the Consumer Protection Act ?

June 2015 (5 marks each)

What are the basic rights of consumers that are sought to be promoted and
protected under Consumer Protection Act?

Ms. Neelam, daughter of Ashok, was travelling by train. She fell down from the
running train while she was passing through the inter- connecting passage
between two compartments and died as a result of crush injuries on her head.
Ashok claimed compensation from the Railways for deficiency in service. The
Railways contended that the redressal agencies under the Consumer
Protection Act had no jurisdiction to consider a complaint of this nature. They
also contended that all the coaches of the train had been thoroughly
checked at the starting point of the train and no defect was reported. Will
Ashok succeed in getting compensation? Give reasons and refer to decided
case law, if any.
Pawan booked an air ticket for New York with Skyhigh airlines. At New Delhi
airport, authorities found visa in order, but at Amsterdam, when his visa was
checked it was found that the visa bears the photocopy of photograph. Thus,
Pawan missed his flight to New York. However, the airlines helped him to
reach New York on the same day. After reaching New York, Skyhigh airlines
tendered an apology to Pawan for the inconvenience caused to him and paid
as a goodwill gesture, a sum of ₹2,500. Pawan filed a complaint with National
Commission under the Consumer Protection Act. Will Pawan succeed? Give
reasons with reference to case law if any.
June 2016 (3 marks each)
Explain the meaning of the Term “Consumer” as defined in the Consumer
Protection Act.
What do you understand by “Restrictive Trade Practices”?
June 2016 (5 marks)
Ramesh purchased a tractor from Mahi Ltd. for tilling the land but he
used it in idle time for transportation of agricultural produce on hire.
Some defects were developed in the engine of the tractor. He
complained to Mahi Ltd., but all in vain. Then he filed a suit in Consumer
Disputes Redressal Forum for damages caused by the defects. Mahi Ltd.
pleaded that Ramesh is not a 'consumer' within the definition of section
2(7) of the Consumer Protection Act as he is using the tractor for
commercial purposes. Whether Ramesh will succeed in his case? Refer to
relevant provisions of law in support of your answer with reference to
case law, if any.

Dec 2016 (5 marks)

Sohan has a truck which was driven by a driver, Shyam, but Shyam did not have valid
licence for driving the truck. The truck was insured with an insurance company. On the
way, all of a sudden the truck started burning. Sohan filed a claim with the insurance
company. The insurance company repudiated the claim on the ground that driver of the
said truck did not have valid driving licence. The truck owner pleaded that the claim is
not related to 'driving' of the truck but the insurance company did not change its earlier
decision. Sohan filed a complaint with the District Consumers' Disputes Redressal Forum.
Will Sohan succeed? Discuss with reference to decided case, if any.

June 2017 (3 marks)

Samir, on a holiday with his family, hired a taxi service. The taxi was in a
poor condition and the driver had not adequate rest and drove rushly.
Eventually, it went burst in the middle of the way. As a result, Samir and
his family could not reach the airport in time to catch their flight. Decide,
whether, Samir may be treated as a consumer under Consumer
Protection Act?
June 2017 (5 marks)
State the composition and jurisdiction of National Commission under
Consumer Protection Act.
June 2018 (4 marks)
The complainant booked a ticked from Delhi to New York by a KLM plane.
The airport authorities in New Delhi did not find any fault in his visa and
other documents. However, at Amsterdam, the airport authorities
instituted proceedings of verification because of which the appellant
missed his flight to New York. After reaching New York, the airlines
tendered apology to the appellant for the inconvenience and paid as a
goodwill gesture a sum of ₹2,500. The appellant made a complaint to the
National Commission under the Consumer Protection Act. Whether the
complainant will succeed? Give reasons with the help of decided case
law.
June 2019 (3 marks)
Distinguish between Distinguish between the following:
Contract of service and Contract for service
June 2019 (4 marks)
Rajni got herself operated in the Devashri Hospital for removal of her uterus,
as a cyst was found to have developed near one of her ovaries. The surgeon,
who performed the operation, left abdominal pack in the abdominal. This
caused lot of pain, suffering and uneasiness to her. The abdominal pack was
subsequently removed by another surgical operation. It was alleged that due
to negligence of the surgeon, the patient suffered all the consequences,
therefore it should be treated as negligence in the treatment. But the Hospital
authorities contended that the patient's problem was removed by the second
operation, hence it is not deficiency. Rajni sought the relief under Consumer
Protection Act stating that this negligence may be treated as deficiency and
compensation may be paid to her. Decide whether Rajni will succeed or not?
Why?

June 2021 (3 marks)

Ms. Rubina was operated in General Hospital Nagpur, which was under control
of the Government of Maharashtra, free of charge for family planning i.e.
tubectomy. Subsequently, she gave birth to a female child. She filed a
complaint against the State of Maharashtra and the doctor, who performed the
operation, claiming 2 lakh for negligence in performing the operation. Rubina
sought the relief of 2 lakh under the Consumer Protection Act, 2019, stating
that the negligence of the doctor and the State of Maharashtra, being the
controller of the hospital may be treated as deficiency in the service. Decide,
whether Rubina will succeed?
June 2021 (4 marks)
Rishi (the insured) purchased two life insurance policies with premium payable
quarterly from ABC Insurance Company (the insurer). When the fifth premium
became due, the agent of insurer met the insured and took a bearer cheque
towards the premium payable by the insured in respect of the policies. The agent
encashed the cheque immediately, but the amount of premium was not deposited
by the agent for another four months. In the meanwhile, the insured met with a
fatal accident and died. The claim of widow of the insured was repudiated by the
insurer on the ground that the policies had lapsed on account of non-payment of
the premium. Whether the claim of the widow may be recovered from the insurer?
Decide.

Dec 2021 (4 marks)

A is the tenant of B. A asks B to clean, repair and maintain the building. B
refuses. There is no provision in the lease agreement in respect of
cleaning, repairing and maintaining the building. However, 'A' files a
claim against 'B' under Consumer Protection Act, 2019. Decide referring
Mrs. the relevant provisions of law.
June 2022 (3 marks each)
Ramu purchased a tractor from Mahendra Ltd. for tilling the land but he
used it in idle time for transportation of agricultural produce on hire.
Some defects were developed in the engine of the tractor. He
complained to Mahendra Ltd., but all in vain. Then he filed a suit in
Consumer Disputes Redressal Forum for damages caused by the
defects.

Mahendra Ltd. pleaded that Ramu is not a 'consumer' within the

definition of section 2 (7) of the Consumer Protection Act, 2019, as he is
using the tractor for commercial purposes, whether Ramu will succeed
in his case? Refer to relevant provisions of law in support of your answer
with reference to case law, if any,

June 2022 (4 marks)

In pandemic of Covid 19 a drug company made an offer by
advertisement, a reward of₹ 10,000 to anyone suffering from Covid after
using their drug in prescribed manner. Mrs. Romila having taken the
drug as per prescription could not be cured. She claimed for the
money. Will she suceed?

Dec 2022 (4 marks)

Ramesh purchased a tractor from Mahi Limited for tilling the land but
he used it during idle time for transportation of agricultural se s)
produce on hire. Some defects were developed in the engine of the
tractor. He complained to Mahi Limited, but all in vain. Then he filed a
suit in Consumer Dispute Redressal Forum for damages caused by the
defects. Mahi Limited pleaded that Ramesh is not a 'consumer' within
the definition of section 2(1) (d) of the Consumer Protection Act, 1986,
as he is using the tractor for commercial purposes.
Whether Ramesh will succeed in his case? Refer to relevant provisions
of Law in support of your answer with reference to case laws, if any

June 2023 (4 marks)

Ranu hired a taxi car from his residence to airport as he and his family
were going from Mumbai to Bengaluru. The taxi was in a poor condition
and the driver had not adequate rest and drove rashly. Eventually, it
went burst in the middle due to which Ranu and his family could not
reach the airport in time to catch their flight.
Decide whether Ranu may be treated as a 'consumer under the
Consumer Protection Act, 2019?
Dec 2023 (5 marks each)
Tiya purchases a laptop for her sister Siya from HP. The laptop had initial
installation issues, when taken to the manufacturer's service centre
defect in the laptop was detected. The company refuses to redress the
issues faced by Siya on the pretext that she was not the consumer. On
the basis of the above case, answer the following questions:
(i) Can Siya be treated as a consumer as she is not the person who
purchased the laptop?
(ii) If this laptop was purchased through amazon, explain the duty of the
e-commerce giant in case of grievance.

Trilok purchased a tractor from Jahanvi Limited for tilling the land but
he used it during idle time for transportation of agricultural produce on
hire. Some defects were developed in the engine of the tractor. He
complained to Jahanvi Limited, but all in vain. Then he filed a suit in
Consumer Dispute Redressal Forum for damages caused by the
defects. Jahanvi Limited pleased that Trilok is not a 'Consumer' within
the definition of section 2(i) (d) of the Consumer Protection Act, 1986, as
he is using the tractor for commercial purposes. Whether Trilok will
succeed in his case? Refer to relevant provision of Law in support of
your answer with reference to case laws, if any?

June 2024
Shardha Heights," a duly registered welfare society, took the proactive
step of filing an application with the District Consumer Disputes
Redressal Commission. The application was on behalf of 12 allottees
who had encountered significant issues with Shobha Ltd. a real estate
developer. These allottees alleged that despite booking units with
Shobha Ltd. on various dates and making substantial payments towards
the purchase, they had yet to receive possession of their properties.
However, the District Commission took a decisive stance, rejecting the
complaint lodged by Shardha Heights. Their decision rested on the
assertion that Shardha Heights lacked the necessary legal standing, or
locus standi, to file such a complaint. 'The Commission reasoned that
Shardha Heights did not qualify as either a 'Consumer' or a 'Recognised'
consumer association' under the applicable regulations. In light of this
setback, Shardha Heights is now seeking to appeal against the District
Commission's ruling.
Considering the above statements, answer the following questions:

(i) Define Recognised Consumer Association as per Consumer Protection

Act, 2019? (2 marks)

(ii) Whether Shardha Heights is a 'Recognised Consumer Association' as

per Consumer Protection Act, 2019? Explain. (2 marks)

(iii) What is the Manner of filing Complaint to District Consumer Disputes

Redressal Commission under Section 35 of the Consumer Protection Act,
2019? (3 marks)

(iv) Can complaint be filed before Consumer Commission online? Explain.

(2 marks)

(v) To whom an Appeal can be filed by Shardha Heights against the order
of District Consumer Disputes Redressal Commission and what is
limitation period for doing so? (2 marks)

(vi) What are the restrictions on filing an appeal against District Consumer
Disputes Redressal Commission? the order of (2 marks)

(vii) State the constitution of the District Consumer Disputes Redressal

Commission.(2 marks)

Dec 2024 (5 marks)

Lokesh was suffering from a serious ailment. He was admitted to a Well-
Known private hospital in Gurugram. He was subjected to various tests.
Even after diagnosis and subsequent treatment, his condition
deteriorated. The doctor advised surgery during which Lokesh collapsed
and died. Sushma his wife, preferred a claim for compensation of 50 lakhs
under the Consumer Protection Act for deficiency in services. The
hospital authority contented that medical profession was being
unnecessarily hounded. Is the contention tenable ? Refer the relevant
case law as per the provisions of Consumer Protection Act, 2019.

Dec 2024 (4 marks)

Anurag purchased a bottling machine and appointed Anuj exclusively to
operate the machine. Explain, whether Anurag is a consumer under
Consumer Protection Act, 2019. If he purchases and operates the
machine by himself, will he be considered as consumer.
13
Legal Metrology
Dec 2015 (3 marks)
Define the term “stamp” under the Legal Metrology Act, 2009.

Dec 2016 (3 marks)

What do you understand by International Organization of Legal
Metrology (OMIL) Certificate System?

June 2017 (5 marks)

Discuss the powers of the Legal Metrology Officer regarding inspection
and seizure under Legal Metrology Act, 2009.

June 2018 (5 marks each)

What are the declarations required to be made by the manufacturers on
pre-packaged commodities”?

Discuss the powers of inspection of the Director, controller or any other

legal metrology officer, under the Legal Metrology Act, 2009.
Dec 2019 (3 marks)
State the penalty provisions for use of non-standard weight and
measures under the Legal Metrology Act, 2009.

Dec 2020 (4 marks)

A shopkeeper sold a packet of pre-packed chillies which does not bear
the declarations required to be made by the manufacturers on pre-
packed commodities. Whether the shopkeeper has committed any act
punishable under the Legal Metrology Act, 2009? Discuss.
June 2021 (3 marks)
Explain the provisions regarding penalty for counterfeiting of seal
specified under the Legal Metrology Act, 2009.

Dec 2021 (3 marks)

What is the law relating to declaration on pre-packed commodity under
Legal Metrology Act, 2009? Explain.

June 2022 (3 marks)

What do you mean by International Organization Legal Metrology
Certificate System ?

Dec 2022 (3 marks each)

Discuss “Culpable Mental State” under the Essential Commodities Act,
1995.

“Every non-standard weights and measures used in the course of trade

is liable to be forfeited”. Examine.

June 2023 (3 marks each)

Explain the provisions of the “Publication of names of convicted
companies by court” as per Section 10-B of the Essential Commodities
Act, 1955.
Section 2A of the Essential Commodities Act , 1955 lists “foodstuffs” as
an essential commodity in its schedule. Discuss with the help of decided
case whether “tea” is also a “foodstuff” in this sense?

What are the penalty provisions for vexatious search under Legal
Metrology Act, 2009?

June 2024 (5 marks)

Mukesh is manufacturer of “Jaggry Powder” and brings this product into
market in the pre-packaged form but the retail price and quantity has
not been mentioned on the packet. Is it an offence under Legal
Metrology Act, 2009? If yes, what are the penalties for this offence? Will
your answer be different if Mukesh mentions the wrong quantity on pre-
packaged “Jaggry powder”?

Dec 2024 (5 marks)

Examine the rationale of enacting the Essential Commodities Act, 1955.
Dec 2024 (3 marks)
Distinguish between seizure and confiscation under the Essential
Commodities Act, 1955.

Dec 2024 (3 marks)

State the penalty provisions for manufacturing or selling weight or measure,
which does not conform to standards of weight/measure as specified under
Section 27 of the Legal Metrology Act, 2009.
14
Real Estate Regulation
And Development Law
Dec 2018 (3 marks)
Explain the salient features of the Real Estate (Regulation and Development)
Act, 2016.

June 2019 (3 marks)

Explain the functions of “Real Estate Regulatory Authority “ under Real Estate
(Regulation and Development) Act, 2016.

Dec 2019 (3 marks)

Explain the rights and duties of allottees under Real Estate (Regulation and
Development) Act, 2016.

Dec 2020 (3 marks each)

Discuss the functions of Real Estate Agent under the Real Estate ( Regulation
and Development) Act, 2016.

What are the duties and functions of Real Estate Regulatory Authority?

June 2021 (3 marks each)

Explain the objects and reasons for which the Real Estate (Regulation and
Development) Act, 2016 has been enacted.

Which project do not require registration under the Real Estate (Regulation and
Development) Act, 2016?
 Dec 2021 (3 marks each)
State the objects and reasons for which Real Estate (Regulation and
Development) Act, 2016 has been formed.

Briefly explain the power of Tribunal established under Real Estate

(Regulation and Development) Act, 2016.

June 2022 (4 marks)

What are the rights of the allottees under the Real Estate (Regulation and
Development) Act,2016?

Dec 2022 (3 marks)

Elaborate the concept of “Appropriate Government” as stated in section
2(g) of the Real Estate (Regulation and Development) Act, 2016.

June 2024 (5 marks)

Rajeev booked a Flat in a housing scheme named “ Alpha Tower”
launched by Alpha Pvt. Ltd. by paying the booking amount and executing
the ‘Buyer’s agreement’. As per the buyer’s agreement , Flat was to be
delivered with 3 years of agreement but the promoters of the company
failed to deliver even after 5 years. Rajeev wants to withdraw from the
projects and wants the refund of amount paid. Discuss as per the
provisions of Real Estate Regulations and Development law whether
Rajeev can withdraw from the project?
What is the remedy available to Rajeev, if he does not wish to withdraw
from the project?

Dec 2024 (2+3=5 marks)

“Neev Builders” launched a luxury housing project, issued a prospectus
and advertised that these spacious apartments would have scenic views
and all the global amenities. Umesh was impressed by this
advertisement and made advance payment to book an apartment.
However, later discovered several significant disparities and amenities from
the promises made in the advertisement. Umesh wants to withdraw from
the project.
Answer the following questions as per the provisions of Real Estate
(Regulation and Development) Act, 2016 :
(i) Explain the obligations of Neev Builders regarding veracity of the
advertisement or prospectus.
(ii) Can Umesh withdraw from the project ?

Dec 2024 (3 marks)

Define ‘Internal Development works’ and ‘External Development works’ under
the Real Estate (Regulation and Development) Act, 2016
15
Intellectual Property Rights
June 2015 (5 marks)
What are the basics principles of general agreement on trade in services (GATS)?

June 2015 (3 marks)

What is meant by an “industrial property” under the intellectual property rights
(IPRs)?

Dec 2023 (5 marks)

What is meant by an “industrial property” under the intellectual property rights
(IPRs)?

June 2024
NO QUESTION ASKED YET

Dec 2024 (5 marks)

A food and beverage company wants to protect its unique recipe under Trade
Secrets law. Can they do so? Explain the concept of ‘Trade Secrets’ with
examples. State the duration and conditions for preservation of the trade
secrets.

Dec 2024 (5 marks)

What are main topics addressed by Trade Related Aspects of Intellectual
Property Rights (TRIPS) Agreements ?
16
Law Relating To Patents
Dec 2015 (5 marks)
Can a ‘lapsed patent’ be resorted? If so, state the procedure laid down for
disposal of application for restoration of lapsed patent.

Dec 2023 (5 marks each)

An application for registration of patents is filled with provisional
specification indicating the subject matter to which the invention related.
State the contents of specification.
You have recently been appointed as Company Secretary of the Ever
Innovative Limited. Your Company receives a notice from the controller of
patent that the application filled by your company for the grant of a patent
of a new machine was deemed to have been abandoned. How you
propose to deal with the matter?
Dec 2023
X Pharmaceuticals Ltd., a renowned pharmaceutical company engaged in
producing new pharmaceutical drugs have developed a new drug applying the
process of making, combing drugs of a chemical materials and a micro-organism. X
Pharmaceuticals Ltd. had patented this new innovative process to the Appropriate
authority and got its patent registered. Whereas Y Instra Lab Pvt. Ltd. engaged in
producing pharma drugs developed a drug of a combination of drug of penicillin
and lactobacilli following the same process as X Pharmaceuticals Ltd. used in
producing its drugs and already entered the market with their combination of drug
product for quite a few months.
X Pharmaceuticals Ltd., claimed that they have developed the process of
manufacturing their drugs after years of research and development as also claimed
that they have evolved a new process in producing the same drug with a new
process hitherto unknown to the Pharmaceutical world. X Pharmaceuticals Ltd.
filed a suit against Y Instra Lab Pvt. Ltd for seeking expert ad interim injunction
restraining Y Instra Lab Pvt. Ltd. from using the said process for its products and
marketing them.
. In light of the above, answer the following questions:
(i) Is the process developed by X Pharmaceuticals Ltd., is new and innovative? (5
marks)
(ii) Identify from the above case study as to whether the process adopted by X
Pharmaceuticals Ltd., have been patented or 'combination of drug' have been
patented? (3marks)
(ii) Can the process developed by X Pharmaceuticals Ltd., be used by Y Instra Lab
Pvt. Ltd. in producing its combination of drug? (4 marks)
(iv) Can X Pharmaceuticals Ltd., restrain Y Instra Lab Pvt. Ltd. from using the
process of combination of drug? (5 marks)

(v) What relief/award/order can be provided for X Pharmaceuticals Ltd. in this

instant case.
(3 marks)
June 2024 (5 marks)
Amit, an Indian Resident wants to make an application outside India for the grant
of a patent for an invention. Explain whether he ca apply outside India as
provisions of the Patent Act, 1970? What will be your answer if the invention is
relevant for defence purpose?
June 2024 (2 marks each)
In the case of Bishwanath Prasad Radhey Shyam Vs Hindustan Metal Industries,
(1979) 2 SCC 511, it was held by the Hon'ble Supreme Court of India that the object
of Patent law is to encourage scientific research, new technology and industrial
progress. A limited-time grant of the only right to own, use, or sell a patented
method or product encourages the development of new commercially useful
inventions. The disclosure of the invention to the Patent Office, which becomes
public domain after a predetermined duration of the monopoly, is the cost of the
monopoly grant.
In Raj Prakash Vs. Mangat Ram Choudhary AIR 1978 Delhi I, it was held that
inventive creation, as is notable, is to discover something or find something not
found or found by anybody previously. It isn't essential that the invention ought to
be anything confounded. The fundamental thing is that the creator was first to
embrace it. The main issue in this manner, is that each basic creation is asserted, as
in the form of novelty or new character, it will be considered as an invention and the
cases & specifications must be perused in that light. Section 2(1)(ja) of the Patent
Act, 1970 defines the term inventive step as to mean a feature of an invention that
involves technical advance as compared to the existing knowledge or having
economic significance or both that makes the invention not obvious to a person
skilled in the art. Section 6 of the Act provides that who can make an application for
a patent for an invention.
Consider the above statements, answer the questions:
(i) What are the criteria for patenting the invention?
(ii) Are mathematical or business methods, computer programs per se, or algorithms
patentable? Explain.
(iii) What can be Patented?
(iv)State any two advantages of patent.
(v)Ramchand invented a medicine and was about to apply for patent.
However, he passed away before applying. Can his legal representative apply for
the patent?
Dec 2024 (5 marks each)

Ravi holds Patents for a specific design of tamper-proof locks sold under the
trade mark “Tech-Lock”. He sought an injunction against Sumit for
infringement of his patented invention and restrain claiming a patent of
addition. Sumit contends that patent of addition does not disclose the
innovative step.
(i) State the rules relating to “Patent of Addition” as per Section 54 of the
Patent Act, 1970. (3 marks)
(ii) State with support of case law whether the application by Ravi can be
rejected on the ground of innovative step ? (2 marks)

Dec 2024 (5 marks each)

Write short notes on the following with regard to the Patents Act, 1970 :
• Compulsory Licences (3 marks)
• Patent Agent. (2 marks)
17
Law Relating To Trade
Marks
June 2015 (5 marks)
Distinguish Distinguish between ‘copyright’ and ‘international copyright’.

June 2015 (3 marks)

What amounts to an ‘inherently deceptive mark’ under the Trade Marks,
1999?
Dec 2015 (3 marks)
Explain the meaning of the term ‘certification trade mark’ under the Trade
Marks Act, 1999.

June 2016 (5 marks)

Distinguish between “assignment of a trademark’ and ‘transmission of a
trademark’ under the Trade Marks Act, 1999.

Dec 2016 (5 marks)

What is Trade Mark? Comment on the benefits of trade mark to all
stakeholders.
June 2024 (5 marks each)
What are the absolute grounds for refusal of Registration of Trade Mark
under Section 9(1) of the Trade Mark Act, 1999?

What is meant by Trade Mark under the Intellectual Property Rights?

Priya wants to start the trading of incense sticks (agarbattis, dhoops) and
perfumeries as M/s Priya Perfumery. She made an application to the
Registrar of Trade Marks to register a trade mark by name "RAMAYAN".
State with reasons whether she will succeed in registering such a Trade
Mark under the Trade Marks Act, 1999?

Dec 2024 (2+3=5 marks each)

‘EcoSustain World’ is a multinational corporation with a registered well-

known Trade Mark protected across different categories of goods and
services and a strong global brand reputation. A new Indian company
started using a deceptively similar Trade Mark. Can ‘EcoSustain World’
protect its trade mark in India?
(i) Explain with an example the significance of a well-known trade mark as
per provisions of the Trade Marks Act, 1999.
(ii) Why Registrar will protect ‘EcoSustain World’ ?

Dec 2024 (5x2=10 marks)

“Energize-52” is a popular cough syrup manufactured since 2015 by
“Jeevan Pharma Company”. The trade mark “Energize-52” was registered in
2017, and almost seven years had expired from the date of its registration.
This syrup was highly popular among the consumers who asked for
“Energize-52” over the other syrups available and the voluminous sales
figures prove its widespread consumer recognition. In January 2024
“Jeevan Pharma Company” discovered that a new Competitor in the
market had also launched a similar syrup under the brand name “Energize-
T” using a logo and brand name that is deceptively similar to the registered
trade mark of “Energize-52”.
In view of the above case, answer the following questions with support of
relevant provisions of the Trade Marks Act, 1999 :
(i) Is there an infringement of the trade mark “Energize-52” by the new
competitor ? (2 marks)
(ii) What defences can be pleaded by “Energize-T” ? (2 marks)
(iii) What defences can be raised by “Energize-52” to prove the
distinctiveness of its trade mark ? (2 marks)
(iv) What are the relative grounds for refusal of trade mark registration ? (2
marks)
(v) What orders can the Court pass against the competitor’s use of the
trade mark “Energize-T” ? (2 marks)
18
Law Relating To Copyright
June 2016 (3 marks)
Who is an author under the provisions of the Copyright Act, 1957 for
musical and other classes of work?
June 2017 (5 marks)
State the legal provisions regarding infringement of copy right stated in
the Copyright Act, 1957.

Dec 2023 (5 marks each)

Explain the broadcast reproduction rights under the provisions of the
Copyright Act, 1957.

Do the following acts constitute infringement of copyright under the

Copyright Act, 1957:
(i) Prof. Ajay recited in public an extract from a poem by Rabindranath
Tagore.
(ii) ABC Publisher published a compilation of speeches of Atal Bihari
Vajpayee, former Prime Minister, delivered in public without permission.
(iii) A newspaper publishes a copy of masterpiece painting of Ganesh
while carrying a story on his death.
(iv) A book is not available in India. A librarian makes 10 copies of the
book for the use of the Public library.
(v) A magazine reproduces an article on a political topic by Kuldeep
Nayar.
Manish assigned the copyright of his book to his niece Sujata in 2020. In
2022, due to some misunderstanding between them, Manish wants to
revoke the assignment. Sujata contents that she has not made any fault
and that she had helped a lot and there is no ground for revocation of
assignment. Discuss.
June 2024 (5 marks each)
“The Registrar of Copyrights shall have the powers of a civil court when trying a
suit under the Code of Civil procedure, 1908". Elaborate the statement in context
with Copyright Act, 1957.

Francis is a famous lyricist in India & world-wide. Sona, another lyricist copied a
very catching phrase is very short. Mention the commonly known acts which are
termed as infringement of copyright. Also discuss the penalties for infringement.

Dec 2024 (5x2=10 marks)

Rohit has authored a book titled “A Concise History of Jaipur”, and the
manuscript was given to Varun for printing. A dispute arose among the two as
Rohan contended that Varun had no right to publish the book as there was no
assignment of the copyright. On the other hand, Varun argued that there was
an oral agreement in which Rohit assigned the copyright in exchange for the
printing expenses that entitled him to publish it. In reality, Rohit did not give a
written or oral copyright assignment in favour of Varun to publish the books.
Based on the above, answer the following questions with relevant provisions
of the Copyright Act, 1957.
(i) Do you think the requirements for the assignment of copyright were fulfilled
? (2 marks)
(ii) In case of assignment of copyright to Varun, when will it be deemed to
have lapsed ? (2 marks)
(iii) What rights can Rohit claim if the work is utilised in any other form ? (2
marks)
(iv) When can the court revoke the assignment of copyright if granted to
Varun ? (2 marks)
(v) What will the Court do if it receives a complaint regarding this assignment
of copyright ? (2 marks)

Dec 2024 (5 marks)

Explain the provisions of ‘power of police to seize infringing copies’ under
Section 64 of the Copyright Act, 1957.
19
Law Relating To
Geographical
Indications Of Goods
June 2015 (5 marks)
What is meant by “geographical indication’ in relation to goods under the
Geographical Indications of Goods (Registration and Protection) Act,
1999? What are benefits of registration under this Act?

Dec 2015 (3 marks)

Whether a registered geographical indication can be assigned or
transmitted? Explain briefly.

Dec 2017 (5 marks)

What is meant by “Geographical Indications” under the Intellectual
Property Rights?

Dec 2023 (5 marks)

Explain the provision 39 of Geographical Indications relating to penalty
for false geographical indications.

June 2024 (5 marks)

‘Section 9 of the Geographical Indications of goods (Registration and
Protection Act, 1999 prohibits registration of certain geographical
indication”. Discuss.
 June 2024 (5 marks)
India Tea Board owns the famous Geographical Indication "Darjeeling"
and the logo of the woman holding the tea leaves, as well as the
trademark "Darjeeling" under the Trademarks Act, regarding "tea".
ITC, Limited has used the "Darjeeling Lounge" as the name of its top
lounge at its Kolkata hotel, ITC Sonar. Tea Board of India filed a Lawsuit
against ITC Ltd. that by using the word "Darjeeling" in one of its hotel
resorts in Kolkata which is a breach of its landmark as well as well as a
certificate mark as tea Board is the registered owner of the "Darjeeling”
sign.
Tea Board of India moved an interlocutory application for temporary
injunction for restraining the ITC Ltd. from using or conducting or
making its business at the hotel by the name "Darjeeling Lounge".
Application stated that usage of the word "Darjeeling" in the name and
logo by defendants is passing off or attempting to pass off its business
or services so as to discredit the fame of Darjeeling tea as a
geographical indication and/or to mislead persons. In light of the
above, answer the following questions in the light of the Geographical
Indications of Goods (Registration and Protection) Act, 1999:
(i) Is the contention of the India Tea Board, that ITC Ltd. is engaging in
Passing-off, correct? Explain. (2 marks)
(ii) How a Geographical Indication is different from Trade Mark? (2
marks)
(iii) Can the Tea Board of India file a complaint against 'X' for selling tea
varieties at the Railway station under the name "Darjeeling Tea Stall"? (2
marks)
(iv) What if ITC Limited has been operating and using the 'Darjeeling
Lounge' long before the enactment of the Act? (2 marks) (v) What is
punishment for applying false Geographical Indications?(2marks)
(v) What is punishment for applying false Geographical Indications?
(2marks)

Dec 2024 (5 marks)

What is meant by “Act of unfair competition” under the Geographical
Indications of Goods (Registration and Protection) Act, 1999 ? What acts
shall be deemed to be the acts of unfair competition ?
20
Law Relating To Designs

June 2015 (3 marks)

Dec 2016 (3 marks)

What is meant by “piracy of a design”?

Dec 2023 (5 marks)

Who is the proprietor of a design and state the prohibition in registration
of certain design?

Dec 2024 (5 marks)

What is the duration of the registration of a design? Can it be extended?
How can the Registration of a Design be cancelled?

Registration o certain deigns is prohibited under the Designs Act, 2000. Explain.

Dec 2024 (5 marks)

‘Heavy Duty Company’ manufactures ‘Pick-N-Carry Hydraulic Self
Mobile Cranes’ developed and registered under the Designs Act,
2000. They filed a suit for permanent injunction and infringement
against ‘Robust Mechanicals Company’, who began manufacturing
and selling mobile cranes that were visually identical to the original
design of ‘Heavy Duty Company’ claiming that their machine is “new or
original”.
(i) With the support of a case law, discuss the requirements of for a
design to be considered significantly “new or original”. (3 marks)
(ii) What is the Court’s duty while determining if a design is “new or
original” ? (2 marks)