|
Contents
Part
I
Government
Control of Corporate Activity
|
|
* |
Competition
Law |
3 |
|
Q. |
Give
introduction to Competition Law? |
3 |
|
• |
Competition
Policy |
3 |
|
Q. |
Name
briefly the Competition Laws in other Countries? |
4 |
|
Q. |
What
are the advantages of Competition? |
4 |
|
Q. |
Define
nature and scope of the Indian MRTP Act, 1969? |
5 |
|
• |
Sachar
Committee Report – 1977 |
5 |
|
• |
Recommendations
of Sachar Committee |
6 |
|
Q. |
Part
A—State the Sachar Committee’s Recommendations for the Companies
Act, 1956? |
6 |
|
• |
Concepts
and Definition |
6 |
|
• |
Classification
of companies |
6 |
|
• |
Management
Structure and Professionalisation of Management |
|
|
• |
Managerial
and Executive Recommendation |
7 |
|
• |
Shareholder
Protection and Mismanagement |
7 |
|
• |
Accounts
and Audit |
8 |
|
• |
Social
Responsibilities of Company |
8 |
|
• |
Political
Donations |
8 |
|
Q. |
Part
B—State the Sachar Committee’s Recommendation for MRTP Act, 1969? |
8 |
|
• |
Concept
and Definition |
8 |
|
• |
Concentration
of Economic Production |
9 |
|
• |
Monopolistic,
Restrictive and Unfair Trade Practices |
9 |
|
• |
Administrative
Machinery |
9 |
|
• |
Competition
law on the Recommendations of Raghavan Committee |
10 |
|
Q. |
What
are the Objects of Competition Act, 2002? |
10 |
|
• |
Objects
of the Act |
10 |
|
• |
Prohibition
of Anti-Competitive Agreements |
11 |
|
Q. |
What
are the anti-competitive agreements of the Act? |
11 |
|
• |
Prohibition
of Abuse of Dominant Position |
11 |
|
• |
Regulation
of Combinations |
11 |
|
• |
Establishment
of Competition Commission of India |
12 |
|
• |
Structure
of the Commission |
12 |
|
• |
Penalties
for Non-compliance of Orders |
12 |
|
• |
Competition
Appellate Tribunal |
12 |
|
• |
Competition
Advocacy |
13 |
|
• |
Competition
Fund |
13 |
|
• |
Recommendations
of Raghavan Committee |
13 |
|
* |
The
Foreign Exchange Management Act, 1999 |
17 |
|
• |
Introduction |
17 |
|
• |
Important
Provisions in FEMA |
17 |
|
• |
Capital
Account Transaction |
17 |
|
• |
Currency |
18 |
|
• |
Foreign
Exchange |
18 |
|
• |
Foreign
Security |
18 |
|
• |
Security
under FEMA |
18 |
|
• |
Regulation,
Restrictions and Management of Foreign Exchange |
18 |
|
• |
Export
of Goods and Services |
18 |
|
• |
Penalties
under FEMA |
19 |
|
• |
Relevant
Provisions of Exchange Control Manual for the Purpose of FEMA |
19 |
|
Q. |
State
the relevant procedure of Refund of Inward Remittances? |
19 |
|
Q. |
What
is the application for remittances in foreign currency? |
19 |
|
Q. |
What
is the mode of payment of rupees against sale of Foreign Exchange? |
19 |
|
• |
Exception |
20 |
|
Q. |
What
is the status of Travell-ers Cheque neg-otiable only in India? |
20 |
|
Q. |
What
is the mode of reim-bursement outside India? |
20 |
|
Q. |
How
the Import of Foreign Curr-ency Notes takes place? |
20 |
|
Q. |
Define
mode of Reconversion of Indian Currency? |
20 |
|
Q. |
What
is the Rates of Exchanges? |
20 |
|
• |
FERA
and FEMA - Comparision |
20 |
|
Q. |
What
are the similarities between FERA and FEMA? |
21 |
|
• |
Differences
between FERA and FEMA |
21 |
|
Q. |
What
is the difference between FEMA and FERA? |
22 |
|
• |
A
Step Ahead From FERA to FEMA |
23 |
|
Q. |
How
FERA made a progress in drawal of Foreign Exchange? |
23 |
|
Q. |
How
the omission of Criminal Proceedings takes place in FEMA? |
24 |
|
Q. |
Define
Residential Status? |
24 |
|
Q. |
What
is the position of immovable property outside India under FERA and FEMA? |
24 |
|
Q. |
How
the transaction of immovable property in India takes place under FERA
and FEMA? |
24 |
|
Q. |
What
are the provisions of Export of Services under FEMA? |
24 |
|
Q. |
Define
the terms which are included in FEMA in progress to FERA. |
25 |
|
• |
What
type of restrictions? |
25 |
|
Q. |
What
are the restrictions pertain to Foreign Exchange under FEMA? |
25 |
|
Q. |
What
are the obligations of Exporter of Goods and Services? |
25 |
|
Q. |
How
the repatriation of Foreign Exchange takes place? |
25 |
|
Q. |
Who
is the Authorised Person? |
25 |
|
Q. |
Explain
the procedure of prosecution of offences committed? |
26 |
|
Q. |
Who
is Adjudicating Authority? |
26 |
|
Q. |
State
the jurisdiction of Special Director (Appeals)? |
26 |
|
Q. |
State
the jurisdiction in appeal to the Appellate Tribunal |
26 |
|
Q. |
What
are the powers of Director of Enforcement? |
26 |
|
• |
Procedure
under FEMA |
26 |
|
Q. |
How
the inquiry by Adjudicating Authority under (S. 14) takes place? |
26 |
|
Q. |
How
the appeal to Special Director (Appeals) (S. 17) preferred? |
27 |
|
Q. |
How
the appeal to the Appellate Tribunal (S. 19) preferred? |
27 |
|
Q. |
How
the appeal to High Court (S. 35) preferred? |
27 |
|
Q. |
What
is the amount of penalty under FEMA? |
27 |
|
• |
Case
laws |
28 |
|
• |
FEMA |
28 |
|
* |
The
Foreign contribution (Regulation) Act, 1976 |
30 |
|
Q. |
Give
introduction to FCRA, 1976? |
30 |
|
Q. |
What
are the applications of FCRA? |
30 |
|
Q. |
What
are the restrictions to FCRA? |
30 |
|
Q. |
What
are the exceptions to FCRA? |
30 |
|
Q. |
How
the modifications in FCRA takes place? |
31 |
|
• |
Important
Provisions Under FCRA |
31 |
|
• |
Foreign
Source |
31 |
|
• |
Foreign
Hospitability |
31 |
|
• |
Regulations
and Restrictions on Foreign Contribution and Foreign Hospitability |
31 |
|
• |
Penalties
for Offences under FCRA |
32 |
|
* |
The
sick Indiustrial Companies (Special Provisions) Act, 1985 |
33 |
|
• |
Introduction
of sick Industrial Companies in India |
33 |
|
Q. |
Discuss
briefly the salient features of the Act relating to sick industries and
its objectives? |
33 |
|
Q. |
What
is a sick industrial company? |
33 |
|
Q. |
What
are the reasons of becoming sick? |
34 |
|
Q. |
What
are the symptoms of becoming sick? |
34 |
|
|
1.
Internal Reasons |
34 |
|
|
2.
External Reasons |
34 |
|
|
3.
Symptoms of Industrial Sickness |
34 |
|
Q. |
Comment
on establishment of Board for Industrial and Financial Reconstruction
(BIFR) |
35 |
|
Q. |
What
are the obligations of such companies? |
35 |
|
Q. |
Explain
the role of BIFR? |
35 |
|
Q. |
Define
the mode of execution of Order by BIFR |
36 |
|
Q. |
How
the winding-up takes place? |
36 |
|
Q. |
What
are the objectives of the Act? |
36 |
|
Q. |
Explain
the Industrial undertaking? |
37 |
|
Q. |
Sec.
5. Discuss briefly Appellate Authority for Industrial and Financial
Reconstruction |
37 |
|
Q. |
Sec.
4. Discuss briefly the Board for Industrial and Financial Reconstruction |
38 |
|
Q. |
Sec.
15. Discuss briefly reference to Board |
38 |
|
Q. |
Sec.
16. Explain briefly enquiry into working of the Industrial Company? |
38 |
|
Q. |
Sec.
18. Explain briefly pre-paration of schemes? |
39 |
|
Q. |
Sec.
19. Explain briefly rehabilitation by Financial Assistance? |
39 |
|
Q. |
Sec.
20. Explain briefly winding-up of Sick Industrial Company? |
39 |
|
Q. |
Sec.
23. Explain briefly proce-dure in the case of loss of 50% net work by
Industrial Companies? |
40 |
|
Q. |
Sec.
24. Explain briefly mis-feasance proceedings? |
40 |
|
Q. |
Sec.
25. Explain briefly to Appeal? |
40 |
|
Q. |
Sec.
33. Explain briefly to Penalties? |
40 |
|
Q. |
Sec.
34. Explain briefly to offences by Company? |
41 |
|
* |
Board
for industrial and financial reconstruction (BIFR) |
42 |
|
Q. |
How
does the hearings in BIFR takes place? |
42 |
|
Q. |
What
is the mode of Final BIFR Order/Scheme? |
42 |
|
Q. |
What
are the advantages in BIFR scheme? |
42 |
|
Q. |
How
does the reduction of Share Capital takes place? |
42 |
|
¨ |
Features
of BIFR |
42 |
|
|
a.
Capital Restructuring |
42 |
|
|
b.
Settlement of Creditors |
43 |
|
Q. |
Discuss
briefly Shares at Discount in one-time settlement to creditors? |
43 |
|
Q. |
What
is the Right to Re-compensation? |
43 |
|
Q. |
What
is the Leveraged Buy Out? |
43 |
|
|
c.
Issue of Quasi-equity Instruments |
43 |
|
|
d.
Income-tax Issues |
44 |
|
|
e.
Use
of existing production facilities pending the final BIFR Order |
44 |
|
|
f.
Request
for suspension of contracts, agreements, etc |
44 |
|
• |
Symptoms
of Sickness |
45 |
|
* |
The
Essential Services Maintenance Act, 1968 |
46 |
|
Q. |
What
are the objectives of ESMA, 1968? |
46 |
|
Q. |
Explain
Essential Services? |
46 |
|
Q. |
Define
strike? |
46 |
|
Q. |
Sec.
3. Explain briefly power to prohibit strikes in certain Employments? |
47 |
|
Q. |
Explain
briefly Sec. 4. Dismissal of employees participating in illegal strikes? |
47 |
|
Q. |
Explain
briefly Sec. 5. Penalty for illegal strikes? |
47 |
|
Q. |
Explain
Sec. 6. Penalty for instigation? |
47 |
|
Q. |
Explain
Sec. 8. Power to prohibit Lock-outs? |
47 |
|
Q. |
What
are the Consequences of Sec. 8 of ESMA? |
47 |
|
Q. |
Explain
Sec. 9. Power to prohibit lay-off? |
47 |
|
Q. |
Explain
Sec. 10. Power to arrest without warrant? |
47 |
|
* |
The
Securities and Exchange Board of India Act, 1992 |
48 |
|
¨ |
(Functions
of SEBI) |
49 |
|
Q. |
What
are the Fraudulent and Unfair Trade Practices? |
50 |
|
Q. |
Briefly
explain Inspection and Enforcement Procedure of SEBI? |
50 |
|
• |
Important
provisions under SEBI Act, 1992 |
50 |
|
¨ |
Collective
Investment Scheme |
50 |
|
¨ |
Prohibition
of Manipulative and Deceptive Services, Insider Trading and Substantial
Acquisition of Securities or Control |
50 |
|
¨ |
Securities
and Exchange Board of India General Fund |
51 |
|
• |
Major
Penalties under SEBI Act |
51 |
|
* |
Emergence
of Securities Depositories in India |
54 |
|
Q. |
Who
is the Issuer/Registrar and Transfer Agent Guided Tour under NSDL? |
57 |
|
Q. |
Comment
on the role of Registrar in Type-II connectivity? |
60 |
|
* |
The
Securities Contracts (Regulation) Act, 1956 |
61 |
|
Q. |
Define
Stock Exchange? |
61 |
|
Q. |
How
the recognition of Stock Exchange takes place? |
61 |
|
Q. |
Define
powers of a recognised Stock Exchange? |
61 |
|
Q. |
Define
power of Securities and Exchange Board of India? |
62 |
|
• |
Some
Important Provisions of Securities Contracts (Regulation) Act, 1956 |
62 |
|
• |
Security
Contracts |
63 |
|
Q. |
Explain
the concept of Illegal Contracts? |
63 |
|
Q. |
Briefly
explain Void Contracts? |
63 |
|
Q. |
Discuss
briefly the exceptions to the Securities Contracts (Regulation) Act,
1956? |
63 |
|
• |
Case
laws |
63 |
|
* |
Banking |
83 |
|
Q. |
Write
a detailed note on History of Banking |
83 |
|
Q. |
Give
Introduction to Banking? |
84 |
|
• |
Banking
Regulation Act, 1949 |
84 |
|
Q. |
What
is the purpose behind enactment of BRA, 1949? |
84 |
|
Q. |
Discuss
the aim of the Act? |
84 |
|
Q. |
How
the Social Control is imposed by the Amending Act? |
84 |
|
Q. |
State
Preamble of Amending Act |
85 |
|
Q. |
Briefly
explain the procedure to improve Social Control? |
85 |
|
Q. |
Ist
Step |
85 |
|
¨ |
Additional
controls and restrictions were imposed |
85 |
|
Q. |
IInd
Step |
85 |
|
Q. |
Discuss
the applicability of the Act to different types of banks? |
85 |
|
Q. |
Explain
Sec. 2 Application of other laws not barred? |
86 |
|
Q. |
Explain
Sec. 3 Act to apply to co-operative societies? |
86 |
|
Q. |
Explain
Sec. 4 Power to suspend operation of Act? |
86 |
|
Q. |
Explain
Sec. 5(b) “banking”? |
86 |
|
Q. |
Explain
Sec. 5(c) “Banking Company”? |
86 |
|
Q. |
Explain
Sec. 5(ca) “Banking policy”? |
86 |
|
Q. |
Explain
Sec. 5(ffc) “Recon-struction bank”? |
86 |
|
Q. |
Explain
Sec. 6 Forms of business in which Banking Co’s may engage? |
87 |
|
Q. |
Write
short notes on: bank, banker, banking or banking company |
87 |
|
Q. |
What
is the purpose of Acceptance of Deposits? |
87 |
|
Q. |
Explain
Sec. 8 Prohibition of Trading? |
87 |
|
Q. |
Explain
Sec. 9 Disposal of non-banking assets? |
87 |
|
Q. |
Explain
Sec. 10 Prohibition of employment of managing agents? |
87 |
|
Q. |
Explain
Sec. 10A? |
87 |
|
Q. |
Explain
Sec. 10B Banking company to be managed by Chairman? |
87 |
|
Q. |
Explain
Sec. 11 Requirement of paid-up capital? |
87 |
|
Q. |
Explain
Sec. 12 Regulation of Capital and Voting Rights? |
88 |
|
Q. |
Explain
Sec. 13 Restriction on Commission etc. on sale of shares? |
88 |
|
Q. |
Explain
Sec. 15 Restriction on Payment of Dividend? |
88 |
|
Q. |
Explain
Sec. 16 Prohibition of common directors? |
88 |
|
Q. |
Write
a short note on Sec. 17 Reserve Fund? |
89 |
|
Q. |
Write
a short note on Sec. 18 Cash Reserve? |
89 |
|
Q. |
Write
a short note on Sec. 20 Restrictions on loans and advances? |
89 |
|
Q. |
What
are the restrictions on power to remit debts? |
90 |
|
Q. |
Explain
Sec. 21 Power of Reserve Bank to Control Advances by Banking Companies? |
90 |
|
Q. |
Explain
Sec. 22 Licensing of Banking Companies? |
90 |
|
Q. |
What
are the restrictions on Opening of New, and Transfer of Existing Place
of Business? |
92 |
|
Q. |
Explain
the powers of the Reserve Bank to give directions? |
92 |
|
• |
Banker
& customer |
94 |
|
Q. |
Define
Banker? |
94 |
|
Q. |
Define
Agency services? |
94 |
|
• |
More
characteristics of present day bankers |
94 |
|
Q. |
Define
General Utility Services? |
95 |
|
Q. |
Define
Black’s Law Dictionary? |
95 |
|
Q. |
Define
Customer? |
95 |
|
Q. |
Discuss
relationship between Banker and Customer? |
95 |
|
Q. |
Discuss
the types of services, decide the nature of relationship of the Banker and
Customer? |
95
|
|
• |
Case
Law on Banking Regulation Act |
96 |
|
Q. |
Explain
the Banking Regulation Act with reference to different case laws? |
96 |
|
• |
Trustee
and beneficiary trust |
99 |
|
• |
Principal
and agent |
100 |
|
• |
Bailor
and Bailee |
100 |
|
Q. |
Explain
Sec. 148 of Contract Act? |
100 |
|
• |
Reserve
Bank of India Act, 1934 |
100 |
|
Q. |
What
is Currency Chests? |
100 |
|
¨ |
Structure
of R.B.I. is |
100 |
|
¨ |
Nationalization
of the bank |
100 |
|
¨ |
Management |
100 |
|
Q. |
Elaborate
the functions of the Bank? |
101 |
|
* |
Various
Types of Accounts in banks |
103 |
|
Q. |
Describe
Current Deposits? |
103 |
|
Q. |
Describe
Saving Deposits? |
103 |
|
Q. |
Discuss
the mode of Opening of New Account? |
104 |
|
Q. |
What
is Recurring Deposit Accounts and Special Accounts? |
104 |
|
Q. |
What
are the general precautions to be taken by a bank in opening of a New
Account |
104 |
|
Q. |
Discuss
the risks in opening Accounts without proper Introduction? |
105 |
|
• |
Special
Type of Banker’s Customers |
106 |
|
• |
Minor |
106 |
|
Q. |
Who
is Natural Guardian of Minor |
106 |
|
Q. |
Discuss
Minor as Agent? |
107 |
|
Q. |
Discuss
Minor as Partner? |
107 |
|
Q. |
What
are the precautionary measures in lieu of account of minor? |
108 |
|
• |
Married
Women |
108 |
|
Q. |
What
are the precautionary measures in lieu of account of a married woman? |
109 |
|
• |
Illiterate
Person |
109 |
|
• |
Trustees |
110 |
|
Q. |
What
are the precautionary measures in lieu of account of the trustees? |
110 |
|
• |
Customer’s
Attorney |
110 |
|
Q. |
What
are the precautionary measures in lieu of accounts maintained by
customer’s attorney? |
111
|
|
• |
Drunken
persons |
111 |
|
• |
Pardanashin
Woman |
111 |
|
• |
Lunatics |
112 |
|
Q. |
What
are the precautionary measures in respect to lunatic’s account? |
112 |
|
• |
Hindu
Family |
112 |
|
Q. |
What
are the precautionary measures in lieu of account of joint Hindu family? |
113 |
|
• |
Clubs,
Societies and Charitable Institutions |
113 |
|
Q. |
What
are the precautionary measures in lieu of account of Clubs,
Societies and Charitable Institutions? |
113
|
|
• |
Executors
and Administrators |
114 |
|
Q. |
Discuss
the precautionary measures in accounts maintained by executors and
administrators? |
115
|
|
• |
Joint
Stock Companies |
116 |
|
Q. |
Explain
the mode of opening and operating Joint Stock Companies? |
116 |
|
Q. |
Discuss
the precautionary measures of Joint Stock Companies accounts? |
116 |
|
Q. |
Discuss
the procedure in opening a bank account in the name of a public limited
company? |
116
|
|
• |
Private
Companies |
117 |
|
• |
Other
Companies |
117 |
|
Q. |
Discuss
the precautionary measures regarding the rights & duties of
directors of the company? |
118
|
|
Q. |
Discuss
the precautionary measures regarding advances to companies? |
118 |
|
Q. |
What
are the precautionary measures regarding cheques in favour of the
company? |
118 |
|
Q. |
Discuss
the precautions to be taken by a banker when a sole trader concern or a
partnership is converted into a private limited company? |
118
|
|
• |
Examination
of Documents |
119 |
|
• |
Copy
of the Board’s Resolution |
119 |
|
• |
The
Borrowing Power of the Company |
119 |
|
Q. |
What
are the precautions to be taken by the banker in its transaction? |
119 |
|
• |
Directors
Personal Accounts |
120 |
|
• |
Partnership |
120 |
|
Q. |
Discuss
the precautionary measures in a Partnership Account? |
120 |
|
• |
Advances
to Partnership Firm |
121 |
|
• |
Joint
Account |
121 |
|
Q. |
Explain
the mode of operation of a Joint account? |
121 |
|
Q. |
Discuss
the precautionary measures in Joint account? |
122 |
|
Q. |
Explain
the liability of Banking in case of Defects in Services with the help of
latest case laws? |
123
|
|
* |
Insurance |
132 |
|
Q. |
Write
a detailed History on Insurance? |
133 |
|
Q. |
Write
a note on Foreign History of Insurance? |
134 |
|
Q. |
Give
in detail Indian History of Insurance? |
135 |
|
Q. |
Define
Contracts of insurance? |
136 |
|
Q. |
Differentiate
between Insurance and Wager? |
137 |
|
Q. |
What
are the Fundamental Elements of Insurance? |
137 |
|
Q. |
Discuss
Life Insurance contract: [Life Insurance Act, 1956]? |
140 |
|
Q. |
Discuss
the types of Policies of Life Insurance? |
140 |
|
Q. |
What
is Surrender Value? |
141 |
|
Q. |
What
are the characteristics of Fire Insurance? |
141 |
|
Q. |
Explain
types of Policies of Fire Insurance? |
141 |
|
Q. |
What
is Marine Insurance? |
141 |
|
• |
The
Insurance Act, 1938 |
142 |
|
Q. |
Describe
the aims of Insurance Act? |
142 |
|
Q. |
What
are the special features of the Act? |
142 |
|
Q. |
Describe
the salient features of the Act? |
142 |
|
Q. |
Explain
Insurance against third party risks? |
143 |
|
Q. |
Define
Motor Vehicles Act? |
143 |
|
Q. |
Define
Indemnity? |
143 |
|
Q. |
What
is the object behind this policy? |
143 |
|
Q. |
Discuss
vicarious liability with caselaws? |
143 |
|
Q. |
Define
public place? |
143 |
|
Q. |
Motor
Vehicle |
144 |
|
• |
Health
Insurance |
145 |
|
Q. |
What
is Health Insurance? |
145 |
|
Q. |
Why
do you need it? |
145 |
|
Q. |
Explain
the concept of Social Insurance? |
146 |
|
Q. |
What
are the Social Security Legislations? |
146 |
|
Q. |
Describe
Social Security Measures and International Labour Organisations with
different caselaws? |
147
|
|
• |
Insurance
and Consumer Protection Act |
150 |
