ICSI Syllabus For Executive Group1<\/p>\n
General And Commercial Laws<\/p>\n
June 2010<\/p>\n
Time allowed : 3 hours\u00a0<\/strong><\/p>\n Maximum marks : 100<\/strong><\/p>\n Total number of questions : 8\u00a0<\/strong> 1. (a) \u201cConstitution of India is basically federal with strong unitary features.\u201d Discuss. 4. Write notes on any four of the following : (iv) Under the Specific Relief Act, 1963, the relief of cancellation of a written (vi) On the same cause of action, a fresh suit is barred by law. ICSI Syllabus For Executive Group1 General And Commercial Laws June 2010 Time allowed : 3 hours\u00a0 Maximum marks : 100 Total number of questions : 8\u00a0 NOTE : Answer SIX questions including Question No.1 which is compulsory. 1. (a) \u201cConstitution of India is basically federal with strong unitary features.\u201d Discuss. (8 marks) (b) Explain the … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":""},"categories":[2873],"tags":[],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/posts\/19388"}],"collection":[{"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/comments?post=19388"}],"version-history":[{"count":1,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/posts\/19388\/revisions"}],"predecessor-version":[{"id":115914,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/posts\/19388\/revisions\/115914"}],"wp:attachment":[{"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/media?parent=19388"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/categories?post=19388"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.kopykitab.com\/blog\/wp-json\/wp\/v2\/tags?post=19388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nNOTE : Answer SIX questions including Question No.1 which is compulsory.<\/strong>
\n<\/em><\/p>\n
\n(8 marks)
\n(b) Explain the writ jurisdictions of the Supreme Court and High Courts as provided
\nin the Constitution of India.
\n(6 marks)
\n(c) Explain the mischief rule in the interpretation of statutes.
\n(6 marks)
\n2. Attempt any four of the following :
\n(i) State the circumstances in which a property may be transferred in favour of an
\nunborn person.
\n(ii) Explain the rule of lis pendens as provided in the Transfer of Property Act, 1882.
\n(iii) What are \u2018cyber offences\u2019 under the Information Technology Act, 2000 ?
\n(iv) State the documents which are required to be compulsorily registered under the
\nRegistration Act, 1908.
\n(v) Explain the consequences of the instruments which are not duly stamped under
\nthe Indian Stamp Act, 1899.
\n(4 marks each)
\n3. Distinguish between any four of the following :
\n(i) \u2018Summons cases\u2019 and \u2018warrant cases\u2019.
\n(ii) \u2018Bailable offences\u2019 and \u2018non-bailable offences\u2019.
\n(iii) \u2018Battery\u2019 and \u2018assault\u2019.
\n(iv) \u2018Condition precedent\u2019 and \u2018condition subsequent\u2019.
\n(v) \u2018Primary evidence\u2019 and \u2018secondary evidence\u2019.
\n(4 marks each)
\nGeneral And Commercial Laws<\/strong><\/em><\/p>\n
\n(i) E-governance
\n(ii) Setting aside of an award
\n(iii) Perpetual injunction
\n(iv) Rectification of an instrument
\n(v) Specific performance of a contract.
\n(4 marks each)
\n5. (a) A document was executed outside India and it was presented for registration after
\na lapse of four months from the date of its arrival in India. Whether the document
\nmay be accepted for registration by the Registrar ? Decide.
\n(6 marks)
\n(b) Choose the most appropriate answer from the given options in respect of the
\nfollowing :
\n(i) Under the Transfer of Property Act, 1882, the transfer of property may be
\nmade \u2013\u2013
\n(a) Orally
\n(b) By written document
\n(c) By written document with its registration
\n(d) By delivery of property except where transfer is required to be in writing
\nunder the law.
\n(ii) The right to foreclosure is available to the mortgagee when it is \u2013\u2013
\n(a) English mortgage
\n(b) Simple mortgage
\n(c) Mortgage by conditional sale
\n(d) Usufructuary mortgage.
\n(iii) The income of transferred property may be accumulated for an unlimited
\ntime where the property is transferred with condition \u2013\u2013
\n(a) For the payment of debts taken by the transferor
\n(b) For the maintenance of the property itself
\n(c) For the maintenance of the descendants of the transferor generation
\nafter generation
\n(d) All of the above.<\/p>\n
\ninstrument is available \u2014
\n(a) When an instrument is void or voidable at the option of the plaintiff
\n(b) Where the plaintiff may apprehend serious injury if the instrument is
\nleft outstanding
\n(c) Where the instrument requires registration but is not registered
\n(d) Where conditions mentioned (a) and (b) above are fulfilled.
\n(v) The definition of the \u2018State\u2019 as given under Article 12 of the Constitution of
\nIndia includes \u2013\u2013
\n(a) The Central Government and Parliament of India
\n(b) The Government and the Legislature of each State
\n(c) All local or other authorities within India and under the control of the
\nGovernment of India
\n(d) All of the above.
\n(1 mark each)
\n(c) Re-write the following sentences after filling-in the blank spaces with appropriate
\nword(s)\/figure(s) :
\n(i) Perpetual injunction is granted under section ___________ of the Specific Relief
\nAct, 1963.
\n(ii) A police officer may arrest an accused without warrant in case of ___________.
\n(iii) The Court of a Judicial Magistrate of the First Class is authorised to pass a
\nsentence of ___________.
\n(iv) The right to maintenance under section 125 of the Code of Criminal Procedure,
\n1973 is available to ___________.
\n(v) The application of revision under the provisions of the Code of Civil Procedure,
\n1908 is made to ___________.
\n(1 mark each)
\n6. State, with reasons in brief, whether the following statements are correct or incorrect:
\n(i) The Constitution of India makes a few exceptions in which the Parliament is
\nauthorised to make the laws even on the subjects included in the State List.
\n(ii) Article 174 of the Constitution of India empowers the Governor of the State to
\ndissolve the State Legislature.
\n(iii) The Right to Information Act, 2005 confers on all citizens of India a right to
\ninformation.
\n(iv) Certain categories of information have been exempted from disclosure under the
\nRight to Information Act, 2005.
\n(v) Under certain circumstances, a person is liable for the torts committed by another.<\/p>\n
\n(vii) Decree is a formal expression of an adjudication, whereas an order is the decision
\nof the court.
\n(viii) The procedure provided under any special or local law is not affected by the
\nprocedure given under the Code of Civil Procedure, 1908.
\n(2 marks each)
\n7. (a) Ashok sells a house to Vinay by a written document and delivers possession to
\nVinay, but the document is not registered. After one year, Ashok sues Vinay to
\ntake back the possession of the property on the ground that non-registration of a
\ndocument has no validity. Will Ashok succeed ? Which doctrine of law can be
\ninvoked by Vinay in his defence ?
\n(6 marks)
\n(b) Kamal transfers his property worth Rs.10,000 to Shyam and by the same instrument
\nasked Shyam to transfer his property worth Rs.5,000 to Manoj. Kamal dies before
\nShyam made his election. Can Manoj get compensation ? If so, from whom and
\nhow much ?
\n(5 marks)
\n(c) Alok contracts to sell a piece of land to Vimal consisting of 100 bighas for Rs.10
\nlakh and it turns out that only 50 bighas of land belongs to Alok. Who can
\ndemand specific performance of contract and who cannot ? If there is a demand
\nof specific performance from rightful party, what will be the consideration ?
\n(5 marks)
\n8. (a) Anil was a trustee of a trust. After Anil\u2019s death, Brij wrongfully takes the possession
\nof the trust property. Chandan, the son of Anil files a suit for recovery of possession
\nof the property against Brij as the legal heir of Anil in his individual capacity.
\nBut Chandan did not succeed. Then Chandan files another suit for recovery of
\ntrust property against Brij in the capacity of trustee as he was appointed as
\ntrustee after the death of Anil. Whether the second suit is barred by the doctrine
\nof constructive res judicata ? Explain.
\n(6 marks)
\n(b) Mohan filed a suit against Sohan and Rohan for partition of coparcenery property
\n\u2018P-1\u2019. The suit has been decided. Mohan files another suit against Sohan and
\nRohan for the partition of coparcenery property \u2018P-2\u2019, which was in existence at
\nthe time of filing of the first suit. Decide.
\n(5 marks)
\n(c) Kamini informed Ajay in the year 2001 that she had committed theft of the
\njewellery of her neighbour. Thereafter, Kamini and Ajay were married in 2002.
\nIn the year 2003, criminal proceeding were instituted against Kamini in respect
\nof the theft of jewellery. Ajay is called to give evidence in the case. Decide
\nwhether Ajay can disclose the communication made to him by Kamini.
\n(5 marks)<\/p>\n","protected":false},"excerpt":{"rendered":"