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1 (a) All agreements are not contract but all contracts are agreement – Discuss

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THE INSTITUTE OF COST AND MANAGEMENT ACCOUNTANTS OF BANGLADESH CMA DECEMBER, 2017 EXAMINATION

PROFESSIONAL LEVEL-II

SUBJECT: 203. COMMERCIAL & INDUSTRIAL LAWS.

Time: Three hours Full Marks: 100

 Answer THREE questions from each group, where Q. No. 5 and 10 are compulsory.

 Answer must be brief, relevant, neat and clean.

 Use fresh sheet for answering each question.

GROUP – A : COMMERCIAL LAWS Q. No. 1

(a) All agreements are not contract but all contracts are agreement – Discuss.

(b) Explain whether an advertisement for a tender can be treated as an offer?

(c) Comment on the statement “In commercial and business agreements the presumption is that the parties intend to create legal relations”.

[Marks: (5+5+5) = 15]

Q. No. 2.

(a) What is Promissory Note? What are its essential elements?

(b) What is the difference between Holder and Holder in Due-Course?

(c) Discuss the circumstances where dishonor of cheque for insufficient fund in the Accounts is not an offence.

[Marks: (5+5+5) = 15]

Q. No. 3.

(a) What are uncertained goods? When does property/ownership passes to the buyer in a contract for the sale of such goods?

(b) When an agreement to sell becomes sale – Discuss.

(c) Whether a price list to sell goods in a shop can be treated as an offer? If yes, why?

[Marks: (5+5+5) = 15]

Q. No. 4.

(a) Discuss the essential elements of a valid Arbitration Agreement.

(b) Distinguish between condition and warranty.

(c) Discuss in details the provisions of Law relating to minors agreement.

[Marks: (5+5+5) = 15]

Q. No. 5.

Write short notes on any Five of the following:

(a) Bill of Lading;

(b) Crossing of Cheques;

(c) Charter party;

(d) Doctrine of Caveat Emptor;

(e) Anticipatory breach of contract;

(f) Undue influence;

(g) Enforceable agreement.

[Marks: (5 x 4) = 20]

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Page 2 of 2 CMA DECEMBER, 2017 EXAMINATION

PROFESSIONAL LEVEL-II

SUBJECT: 203. COMMERCIAL & INDUSTRIAL LAWS.

GROUP – B : INDUSTRIAL LAWS

Q. No. 6.

(a) Briefly discuss the provisions in the Bangladesh Labour Act, 2006 for the protection of the interest of the Children.

(b) What constitutes ‘Unfair Labour Practice” by an Employer?

[Marks: (7+8) = 15]

Q. No. 7.

(a) Briefly discuss the classification of workers of any establishment and their period of probation.

(b) What is Lay-off? Discuss the rate of compensation for the lay-off. Under what conditions laid off workers are not entitled to get any payment.

[Marks: (7+8) = 15]

Q. No. 8.

(a) Discuss the provisions of the Factories Act 1965 related to the health of the workers.

(b) What are the procedures of handling a grievance submitted by a worker or group of workers as per labour law of the country?

[Marks: (7+8) = 15]

Q. No. 9.

(a) What are the disqualifications for becoming a member or an officer of a trade union?

(b) Discuss the procedures for settlement of Industrial Disputes.

[Marks: (5+10) = 15]

Q. No. 10.

Write short notes on any Five of the following:

(a) Maternity Benefits;

(b) Dock Workers Management Board;

(c) Termination and Dismissal;

(d) Trade Mark;

(e) Collective Bargaining Agent;

(f) Chief Inspector of Factories.

[Marks: (5 x 4) = 20]

= THE END =

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