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THE INSTITUTE OF COST AND MANAGEMENT ACCOUNTANTS OF BANGLADESH CMA JUNE, 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) Discuss the essential elements of a contract.
(b) Explain- No Consideration, No Contract.
(c) Under what circumstances a person aggrieved by the breach of the contract can file a suit for specific performances?
[Marks: (5+5+5) =15]
Q. No. 2
(a) Discuss the doctrine of caveat emptor stating the exceptions.
(b) Explain the difference between a condition and warranty. Under what circumstance can a breach of condition be treated as a breach of warranty.
(c) X sold 10 tons of wheat to Y for Tk. 3 Lac. And Y resold 8 tons of wheat out of 10 tons to Z. Y instructed X to deliver 8 tons of wheat to Z. Y then become insolvent. What is the right of X?
[Marks: (6+6+3) = 15]
Q. No. 3
(a) Define Negotiable Instrument. Name the Negotiable instruments that are recognized by customs or usage?
(b) What is the difference between General Crossing & special crossing of a Cheque?
(c) Is the following a promissory Note? “I promise to pay B Tk. 1 lac and all other sums which shall be due to him.”
[Marks: (6+6+3) =15]
Q. No. 4
(a What is Charter party? Mention the usual terms in a Charter party.
(b) What matters cannot referred to Arbitration?
(c) What is Patent? State the salient features of Patent.
[Marks: (5+5+5) =15]
Q. No. 5
Write short notes of the following (Any four):
(a) Common carrier;
(b) Sub Agent & co- Agent;
(c) Clean Bill of Lading;
(d) Anticipatory Breach of Contract;
(e) Undue Influence;
(f) Bailment and pledge.
[Marks: (4 x 5) = 20]
Page 2 of 2 CMA JUNE, 2017 EXAMINATION
PROFESSIONAL LEVEL-II
SUBJECT: 203.COMMERCIAL & INDUSTRIAL LAWS
Group – B: INDUSTRIAL LAWS
Q. No. 6
(a) Describe the Procedures regarding payment of Maternity Benefits.
(b) Discuss the Provisions in BLA-2006, relating to penalty for unfair Labour practice on part of workers.
(c) Differentiate between closer & Lay-off.
[Marks: (5+5+5) =15]
Q. No. 7
(a) “Industrial Disputes” – what does it mean? What are the ingredients of industrial dispute and who can raise industrial dispute?
(b) What are the procedures of retrenchment? Is an employer under any obligation is bound to re-employ a retrenched worker?
[Marks: (7+8) = 15]
Q. No. 8
(a) What do you mean by Trade Union? Write its objectives.
(b) Discuss the procedures for determination of the Collective bargaining Agent in an Organization where there are two or more Trade Unions.
[Marks: (5+10) = 15]
Q. No. 9
(a) Write the rules regarding weekly holidays and leaves as described in the Shops &
Establishment Act’ 1965.
(b) Discuss the duties, responsibilities, power and functions of a Labour Court.
[Marks: (8+7) = 15]
Q. No. 10
Write short notes on any four of the followings:
(a) Partial disablement;
(b) Service Book;
(c) Dispute as to age;
(d) Dismissal;
(e) Chief Inspector of Factories;
(f) Appellate Tribunal.
[Marks: (4 x 5) = 20]
= THE END =
