INSTITUTE OF CHARTERED SECRETARIES OF BANGLADESH
QUESTION FOR JANUARY 2017
EXECUTIVE LEVEL-I
102 GENERAL AND COMMERCIAL LAW
1st. Source of Law:
1. What do you understand by Rule of Law?
2. Discuss about “society & law”.
3. “Change of Law depends upon the change of society”-Discuss.
4. What good law does to the society?
5. Define law both in commercial and general perspective.
2nd. Constitution:
1. Explain the basic necessities of life in terms of the constitutions of the
peoples’ Republic of Bangladesh.
2. What do you understand about the Fundamental Rights of a citizen?
State the various Fundamental Rights which should be enjoyed by a
citizen of Bangladesh.
3. What is ‘Writ’? How many writs are in the Constitution of
Bangladesh?
4. Constitutional provisions relating to state monopoly.
3rd. Contract Act 1872:
1. What are the essential elements of a valid contract?
2. “Past consideration is no consideration” briefly describe.
3. “A mere statement of intention is not an offer”. Do you agree?
Explain.
4. Distinguish between pledge & bailment.
5. Definition of capacity, minority, unsound mind.
6. The time & place of performance of contract.
7. “No consideration no contract”-Explain.
8. "Ignorance of law is no excuse to avoid a contract" – Discuss.
4th. Sale of Goods Act 1930:
1. State the different types of goods.
2. What remedies are available in the breach of contract under the sale
of Goods Act?
3. When does an agreement to sell become sale?
4. “No seller can give the buyer better title to the goods then he, himself
has” – Explain.
5th. Negotiable Instrument Act 1881:
1. Distinguish between bill of exchange & promissory note.
2. Distinguish Cheque and demand draft.
3. What do you mean by Negotiable Instruments? What are the essential
features of a Negotiable Instrument?
4. Cheque crossed with the words 'Not Negotiable'- what does it mean?
6th. Law of Agency 1872:
1. State the duties of the principal to his agent.
2. “A partner is an agent & principal of a firm” – Explain.
3. Describe Power of Attorney.
4. Describe: Del Credere Agent, Agency of necessity, estoppal.
5. Distinguish between sub-agent & co-agent.
6. Give three examples of termination of agency.
7. “The wife is not the agent of her husband”-Explain.
7th. Partnership Act 1932:
1. What is Partnership? Disadvantages for non-registration of a
partnership firm.
2. Can a minor become a member of a partnership firm?
3. State reason: - A sleeping partner is not liable to the third parties for
the debts of the firm.
4. What is partnership property? For what purpose can it be used?
5. Distinguish between partnership and a club.
6. Discuss Different modes of dissolution of partnership.
8th. Transfer of Property Act 1882:
1. Discuss the Properties which can be transferred under the transfer of
property Act 1882.
2. How is sale of property made?
3. Describe Rights & Liabilities of the buyer & seller of the property.
4. Describe the Transfer of Actionable Claim.
9th. Arbitration Act 2001:
1. Matter that can & cannot be referred to Arbitration.
2. When an award can be modified or corrected?
3. What are the components of an arbitral award?
4. What are the provisions implied in an arbitration agreement without
the intervention of the court?
5. If 1 of 3 arbitrators dies, what action may be taken for filling the
vacancy?
6. What is the difference between arbitration and litigation?
7. What are the modes of Arbitration? What do you mean by ‘remitting
the award’?
10th. Short Notes:
1. Quantum Meruit;
2. Injunction;
3. Indemnity & Guarantee;
4. Warranty & Condition;
5. Sale & Hire Purchase;
6. Sale & Contract For Work & Labor;
7. “Crossing Of Cheque” Under N.I. Act 1881;
8. Holder in Due Course;
9. Banker’s Draft;
10. Duly Stamped;
11. Duties & Liabilities of A Trustee.
12. Essential Components of The Memorandum Of Association of A
Society;
13. Methods of Stamping;
14. Proper Stamp Duty As Per Stamp Act 1899;
15. Lis Pendens;
16. Charter Party;
17. Lease;
18. Gift;
19. Arbitrator;
20. Arbitral Award;
21. Umpire;
22. Dormant, Minor, Sleeping Or Nominal Partner;
23. Partnership-at-Will;
24. Ratification;
25. Force Majeure;
26. Misinterpretation;
27. Contract of Indemnity;
28. Mutual Agency;
29. Voidable Contract;
30. Caveat Emptor;
31. Quasi Contract;
32. Habeas Corpus;
33. Act of God;
34. Power of Attorney;
35. Void-ab-Intito;
36. Consequence of Non-stamping;
37. Fraud & Mistake;
38. Coercion & Undue Influence;
39. Endorsement;
40. Supervening Impossibility;
41. Deflation;
42. Contracts Uberrimae Fidei;
43. MICR;
44. Co-ownership;
45. Pledge & Pawn;
46. Fictitious Bill;
47. Counter Offer;
48. Bailment & Pledge;
49. Unenforceable Agreement;
50. Just & Equitable Clause;
51. General & Special Crossing Cheques;
52. Merger;
53. Lien;
54. Partnership & A Club;
55. Crossed & Account Payee Cheque;
56. Executed & Executory Contract;
57. Bilateral & Unilateral Contract;
58. “Maturity” Days of Grace;
11th. Case Solving:
1. A & B agree to share profits of the business carried on by them but do
not state anything in the Deed about sharing of losses. Is it a valid
partnership? Explain your statement.
2. Minhaz offered to sell cotton at Taka 10,000 per ton and the offer was
open till Monday. Rafique enquired whether he would agree to deliver
spread over three months. Minhaz did not reply and (within the stated
time limit) Rafique accepted the original offer. Moreover, Minhaz sold
the cotton to Sohel. Was there any contract between Minhaz &
Rafique? Discuss.
3. On April 01, 2016, Mr. Anam agrees to sell one particular cow to Mr.
Rahman for BDT 10 thousand. According to the terms of that
agreement, the cow is to be delivered on May 05, 2016, when the
payment will be made. When does the cow pass from the seller to the
buyer?
4. A promises to pay BDT 20,000 to B who is an intended witness in a
suit against A in consideration of B’s absconding himself the trial. Is it
a ‘valid contract’?
5. Mr. Hasib sells some quantity of goods to Mr. Mahmood on credit.
The goods have been delivered to Mr. Mahmood. On due date Mr.
Mahmood refuses and/or neglects to pay the price. What is the
remedy available to Mr. Hasib?
6. Ms. Shahida promises to pay Mr. Faruque BDT 500,000 and all other
sums which shall be due to him. Is it a Promissory Note?
7. Zeenat gets hold of Rita’s cheque book and forges Rita’s name on a
cheque. Zeenat obtains money from Rita’s bank by presenting the
forged cheque and then disappears. Who will bear the loss, Rita or the
bank?
8. On Friday, November 19, 2016, Syeda Musarrat Rafique , a
freelancer, advertised a table and some chairs for sale for BDT 10,000
on bikroy.com. Samia Rahman, a student of Rokeya Hall, University of
Dhaka, saw the advertisement and phoned Musarrat offering her BDT
7,000. Musarrat offered to sell the table and chairs to Samia for BDT
8,000. She (S) accepted. Two days later, Samia rang Musarrat and
said that she (S) would give her BDT 8,500 if she (M) would deliver
the table and chairs to Samia with her (M) own cost. Musarrat
refused. Samia said that if she (S) had to collect the table and chairs
herself, she would only give Musarrat BDT 7,500.
Do you think, Samia and Musarrat have formed a valid contract? If
yes, at which stage?
9. Mr. Shafique offered to sell a piece of land to Mr. Bari at BDT 2.5
crore. Mr. Bari accepted the offer and enclosed a Payment Order of
BDT 1 crore in favour of Mr. Shafique and promised to pay the
balance amount in five monthly equal installments.
Give your answer regarding the legal status of this issue as per
provisions of the Contract Act 1872, with appropriate reason in favour
of your answer.
