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Agency, Sale of Goods and Hire Purchase

The document outlines the syllabus for Paper 8: Special Contracts Including Banking and Negotiable Instruments, detailing various topics such as Agency, Sale of Goods, Consumer Protection, Banking Evolution, RBI functions, and Negotiable Instruments. It categorizes exam questions under relevant chapters for easier study and reference, covering key concepts, legal principles, and the roles of various entities in banking and consumer protection. Additionally, it highlights the importance of understanding legal frameworks and rights related to banking and consumer transactions.
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Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
7 views8 pages

Agency, Sale of Goods and Hire Purchase

The document outlines the syllabus for Paper 8: Special Contracts Including Banking and Negotiable Instruments, detailing various topics such as Agency, Sale of Goods, Consumer Protection, Banking Evolution, RBI functions, and Negotiable Instruments. It categorizes exam questions under relevant chapters for easier study and reference, covering key concepts, legal principles, and the roles of various entities in banking and consumer protection. Additionally, it highlights the importance of understanding legal frameworks and rights related to banking and consumer transactions.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 8

Based on the syllabus of Paper 8: Special Contracts Including Banking and Negotiable

Instruments from your Word document and the multiple past exam papers in the PDF file, I
have matched and categorized the exam questions under the appropriate syllabus chapters for
easier study and reference.

1. Agency, Sale of Goods and Hire Purchase

• Explain the circumstances in which an agent is personally liable for a contract entered
into on behalf of his principal.
• What is the effect if the agent enters into a contract when the principal is: (a)
disclosed, (b) undisclosed, and (c) unnamed?
• Discuss the various methods by which an agency may be terminated.
• Explain about creation of agency in detail.
• “Delegatus non potest delegare” – Explain. How far this legal maxim is applicable in
the law of agency. State its exceptions.
• Explain the different modes of creation of agency, with specific reference to Agency
by Ratification.
• What is a contract of agency? Briefly explain the various modes by which an agency
can be created.
• Define the concept of “Agency coupled with interest”. When can it be terminated?
• When does the property in goods pass under a hire-purchase contract and a contract of
sale of goods?
• Compare and contrast between sale of goods and hire purchase contracts.
• When will the property in the goods, under a hire purchase agreement, pass?
• Define “Hire Purchase”. Discuss the rights and duties of the hirer.
• Explain the different kinds of agents.
• Explain the implied conditions and warranties under the Sale of Goods Act.
• “Nemo dat quod non habet” – Explain with exceptions.
• State and explain the different kinds of banks and their functions.
• Define ‘condition’ and ‘warranty’. Explain the implied conditions in a Sale of Goods.
• What are the rights of an unpaid seller under the Sale of Goods Act and how is he
protected?
• Explain the rights of an unpaid seller in detail.

2. Consumer Protection Including Redressal

• What are the rights of the Consumers?


• Who is a consumer? What are his rights under the Consumer Protection Act, 1986?
• “Unfair Trade Practices under the Consumer Protection Act” – Discuss.
• Discuss the legal issues associated with online banking.
• Define the term deficiency under the Consumer Protection Act with special reference
to deficiency in banking services.
• Explain about the essential features of Central Consumer Protection Council and State
Consumer Protection Council.
• Discuss the scope of “deficiency in service” as provided under the Consumer
Protection Act.
• How a consumer is protected against “Unfair Trade Practices”? Explain with relevant
case laws.
• Discuss in detail about the redressal agencies under the Consumer Protection Act
1986.
• Explain the powers and functions of district forum.
• Discuss the role of consumer movement in India after liberalization, privatization, and
globalization.
• Define the term “service” under the Consumer Protection Act, 1986.

3. Evolution and Development of Banking; Different Kinds of Banks and


Functions

• Trace the post-independence evolution of banking law in India and the influence of
British Banking on it.
• Discuss about the evolution and development of banking.
• Explain the relationship between commercial banks and the RBI.
• Explain the structure and functions of a Commercial Bank in India.
• What are the different kinds of banks? Bring out the importance of NABARD.
• Discuss the recent trends of Banking System in India.

4. Nationalization, Disinvestment, and Consumer Protection

• “Privatization and Disinvestment are making inroads in the area of public sector
banks.” Evaluate the merits and demerits.
• Critically examine the trend towards privatization of banking industry in India in light
of nationalized banks’ failures.
• Discuss about nationalisation phenomenon and also about privatisation policy in the
banking system.

5. RBI – Powers, Functions and Control Over Non-Banking Companies

• State in detail the powers and functions of RBI and its control over non-banking
companies.
• What are the powers and functions of the Reserve Bank of India? Explain in detail.
• How does the RBI control banking and non-banking companies?
• Explain the role of Reserve Bank of India under the Banking Regulation Act, 1949.
• Explain the power and functions of RBI regarding the demonetisation of currencies.
• Describe the power and functions of the Reserve Bank of India.

6. Banker and Customer – Relationship, Rights, Duties and Liabilities


• Explain the relationship between banker and customer. Discuss the rights and
obligations.
• What are the rights and duties of the banker? State in detail.
• To what extent is protection given to a banker who pays or collects a cheque on behalf
of a person who is not its owner?
• Examine whether the bankers’ statutory protection covers the risk of forgery of
signature and fraudulent alterations in a negotiable instrument.
• What is the liability of a banker for wrongful dishonour of cheques?

7. Good Lending Principles, Securities, and Recovery (SARFAESI, DRT)

• Critically discuss the scope and extent of SARFAESI Act, 2002.


• Expound the salient features of the Securitisation Act.
• Expound the various debt recovery modalities prescribed in the SARFAESI Act.
• Write a note on Debt Recovery Tribunal.
• Write notes on: (a) NPA; (b) Banking Ombudsman
• Powers and functions of Debt Recovery Tribunal.
• Explain about the jurisdiction and role of Debts Recovery Tribunal (DRT) and Debts
Recovery Appellate Tribunal (DRAT).
• Analyse critically SARFAESI Act.

8. Negotiable Instruments – Meaning, Kinds, Transfer, Liabilities

• What are the different kinds of Negotiable Instruments? Explain in detail.


• Explain the different kinds of endorsement and crossing of cheques.
• Discuss the rights and liabilities of parties to a negotiable instrument.
• Explain with case laws, the implied conditions and warranties in the Sale of Goods
Act.
• Write a note on Presentment and Payment.
• Examine the rights and liabilities and statutory protection to the paying banker and
collecting banker.
• Explain the statutory protections afforded to the paying banker and collecting banker.
• Who is a Holder in Due Course? Explain the rights and privileges.
• Write notes on: (a) Holder in due course; (b) Material alteration.

9. Online Banking, E-Banking and IT Issues

• Write about the legal issues associated with online banking.


• What is E-Banking? State its merits and demerits.
• Explain modern technology in Banking.
• What do you understand by Centralized Banking Solution (CBS)? What are its
advantages?
• Explain about Truncated cheque and Electronic cheque.
If you’d like, I can group all questions by year, or provide model answers for specific topics.
Let me know how you’d like to proceed.

Here are the questions from the provided question paper categorized under the relevant
chapters of Paper 8: Special Contracts Including Banking and Negotiable Instruments, as per
your syllabus:

Paper 8: Special Contracts Including Banking and Negotiable Instrument

1. Agency, Sale of Goods and Hire Purchase

* Explain the circumstances in which an agent is personally liable for a contract entered into
on behalf of his principal.

* What is the effect if the agent enters into a contract when the principal is: (a) disclosed, (b)
undisclosed, and (c) unnamed?

* Discuss the various methods by which an agency may be terminated.

* Explain about creation of agency in detail.

* "Delegatus non potest delegare" - Explain. How far this legal maxim is applicable in the
law of agency. State its exceptions.

* Explain the different modes of creation of agency, with specific reference to Agency by
Ratification.

* What is a contract of agency? Briefly explain the various modes by which an agency can
be created.

* Define the concept of "Agency coupled with interest". When can it be terminated?

* When does the property in goods pass under a hire-purchase contract and a contract of sale
of goods?

* Compare and contrast between sale of goods and hire purchase contracts.

* When will the property in the goods, under a hire purchase agreement, pass?

* Define "Hire Purchase". Discuss the rights and duties of the hirer.
* Explain the different kinds of agents.

* Explain the implied conditions and warranties under the Sale of Goods Act.

* "Nemo dat quod non habet" - Explain with exceptions.

* Define 'condition' and 'warranty'. Explain the implied conditions in a Sale of Goods.

* What are the rights of an unpaid seller under the Sale of Goods Act and how is he
protected?

* Explain the rights of an unpaid seller in detail.

2. Consumer Protection Including Redressal

* What are the rights of the Consumers?

* Who is a consumer? What are his rights under the Consumer Protection Act, 1986?

* "Unfair Trade Practices under the Consumer Protection Act" - Discuss.

* Define the term deficiency under the Consumer Protection Act with special reference to
deficiency in banking services.

* Explain about the essential features of Central Consumer Protection Council and State
Consumer Protection Council.

* Discuss the scope of "deficiency in service" as provided under the Consumer Protection
Act.

* How a consumer is protected against "Unfair Trade Practices"? Explain with relevant case
laws.

* Discuss in detail about the redressal agencies under the Consumer Protection Act 1986.

* Explain the powers and functions of district forum.

* Discuss the role of consumer movement in India after liberalization, privatization, and
globalization.

* Define the term "service" under the Consumer Protection Act, 1986.

3. Evolution and Development of Banking; Different Kinds of Banks and Functions

* State and explain the different kinds of banks and their functions.

* Trace the post-independence evolution of banking law in India and the influence of British
Banking on it.

* Discuss about the evolution and development of banking.


* Explain the structure and functions of a Commercial Bank in India.

* What are the different kinds of banks?

* Bring out the importance of NABARD.

* Discuss the recent trends of Banking System in India.

4. Nationalization, Disinvestment, and Consumer Protection

* "Privatization and Disinvestment are making inroads in the area of public sector banks."
Evaluate the merits and demerits.

* Critically examine the trend towards privatization of banking industry in India in light of
nationalized banks' failures.

* Discuss about nationalisation phenomenon and also about privatisation policy in the
banking system.

5. RBI - Powers, Functions and Control Over Non-Banking Companies

* State in detail the powers and functions of RBI and its control over non-banking
companies.

* What are the powers and functions of the Reserve Bank of India? Explain in detail.

* How does the RBI control banking and non-banking companies?

* Explain the relationship between commercial banks and the RBI.

* Explain the role of Reserve Bank of India under the Banking Regulation Act, 1949.

* Explain the power and functions of RBI regarding the demonetisation of currencies.

* Describe the power and functions of the Reserve Bank of India.

6. Banker and Customer - Relationship, Rights, Duties and Liabilities

* Explain the relationship between banker and customer. Discuss the rights and obligations.

* What are the rights and duties of the banker? State in detail.

* To what extent is protection given to a banker who pays or collects a cheque on behalf of a
person who is not its owner?

* Examine whether the bankers' statutory protection covers the risk of forgery of signature
and fraudulent alterations in a negotiable instrument.

* What is the liability of a banker for wrongful dishonour of cheques?


7. Good Lending Principles, Securities, and Recovery (SARFAESI, DRT)

* Critically discuss the scope and extent of SARFAESI Act, 2002.

* Expound the salient features of the Securitisation Act.

* Expound the various debt recovery modalities prescribed in the SARFAESI Act.

* Write a note on Debt Recovery Tribunal.

* Write notes on: (a) NPA; (b) Banking Ombudsman

* Powers and functions of Debt Recovery Tribunal.

* Explain about the jurisdiction and role of Debts Recovery Tribunal (DRT) and Debts
Recovery Appellate Tribunal (DRAT).

* Analyse critically SARFAESI Act.

8. Negotiable Instruments - Meaning, Kinds, Transfer, Liabilities

* What are the different kinds of Negotiable Instruments? Explain in detail.

* Explain the different kinds of endorsement and crossing of cheques.

* Discuss the rights and liabilities of parties to a negotiable instrument.

* Write a note on Presentment and Payment.

* Examine the rights and liabilities and statutory protection to the paying banker and
collecting banker.

* Explain the statutory protections afforded to the paying banker and collecting banker.

* Who is a Holder in Due Course? Explain the rights and privileges.

* Write notes on: (a) Holder in due course; (b) Material alteration.

9. Online Banking, E-Banking and IT Issues

* Write about the legal issues associated with online banking.

* What is E-Banking? State its merits and demerits.

* Explain modern technology in Banking.

* What do you understand by Centralized Banking Solution (CBS)? What are its
advantages?

* Explain about Truncated cheque and Electronic cheque.

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