102 - General & Commercial Laws

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INSTITUTE OF CHARTERED SECRETARIES OF BANGLADESH

CHARTERED SBCRETARY BXAMINATION - JANUARY 2023


CERTIFICATE LEVEL-I
IAZ z GENERAL AND COMMERCIAL LAW

Timeallowed:3hours Total marks: 100

Note: Answer any five questions including Questian no. 1. Dffirent parts of the same question must be
answered in one place in order of sequence.

a) What are the conditions for enforceability of a contract?


b) What are the difference between valid, void and voidable contract?
c) Which considerations are lawful and which are not?
d) State the tenn "Doctrine of frustration". Explain the essential elements of a valid contract.
(6+4+4+6):20
2 a) Discuss with examples, the difference between law and morality.
b) Article l5 of the Bangladesh constitution provides certain basic necessities of Iife. What are
those basic necessities?
c What are the maxims of equity?
d What is the difference between General Law and Commercial Law. (6+6+4+4):20

3 a) Discuss conditions and warranties.


b) Explain the doctrine of caveat emptor.
c) What is Hire Purchase? " A seller cannot transfer better title than he has." Explain.
d) What is the meaning of Delivery? What are the types of Delivery? (6+4+4+6):20

4. a) Describe the rights & duties which are available for the parties of a negotiable instrument
under the Negotiable Instruments Act, 1881.
b) What do you mean by the term'Partnership'and partnership by estoppel?
c) How the societies can be dissolved under the Societies Registration Act, 1860? - Explain.
(8+6+6):20

5 a) When do trusts arise? How to remove a Trustee?


b) What is writ? What are the different Upes of writ and their purpose especially habeas
corpus?
c What are the fundametrtal principles contained in the Constitution of Bangladesh?
d) Briefly describe the role of a constitution in a country, (6+6+4+4):20

6 Write short notes on any four of the following:


a) Alternative Dispute Resolution (ADR);
b) Digital Security Act, 201 8;
c) Situations which terminate a Partnership;
d) Power of Attorney and lrrevocable power of attorney;
e) Consequence of non-stamping and under-stamping;
0 Consequence of cheque Dishonor under the Negotiable Instruments Act, 1881 . (4x5):20

THE END

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