Tuesday, January 13, 2009

Practical Problems_Factories Act_1

A licensed salt producer engaged workmen in open land in which work was done to convert sea water into crystals of salt. Whether the workmen working in open land are employed in the premises of the factory?

Consumer Protection Act_Practical Problems_12

Prudent Investments Ltd. was celebrating silver jubilee of its operations and in this connection sent invitations by post to 250 top businessmen for a special dinner at a 5-Star Hotel. Due to delay in delivery and/or non-delivery of invitation cards by the postal authorities, only 100 invitees attended the dinner. Advise the company whether it can make a complaint for compensation to the Consumer Disputes Redressal Forum against the postal authorities for deficiency in service

Consumer Protection Act_Practical Problems_11

Good Health Ltd., an Indian insurance company, did not settle a medical claim of Rs.2 lakh of Mohan towards open heart surgery on the ground that the assured (Mohan) had not disclosed material facts, viz., hypertension and angina, at the time of submitting his proposal form. Mohan pleaded with the insurance company that there was no suppression of material facts and it is the insurer who has to prove material suppression; but did not succeed in his repeated pleas. Will Mohan succeed if he makes a complaint for the non-payment of medical claim under the Consumer Protection Act, 1986? Give reasons in support of your answer.

Practical problems_Copy right Act_1

Do the following acts constitute infringement of copyright? Give brief reasons in support of your answer:

(i) Reproduction of a musical work by a teacher in the course of instructions to students.
(ii) Reproduction for research of an unpublished work kept in a public library.
(iii) Making a dozen copies of a book borrowed from a library when such book is available in the market.
(iv) Reproduction in a periodical of a write-up by an expert on a social subject of which the author has expressly retained his copyright.
(v) Making copies of a computer programme from a floppy disc bought from the market and using it for office work.

FEMA_Practical problems_10

With reference to the relevant provisions of the Foreign Exchange Management Act, 1999, advise on the following:

(i) Mehta Chemicals Ltd., a listed Indian company, is interested in investing in the shares of an overseas company.
(ii) Jai Capital Ltd. desires to export plant and machinery from India towards equity contribution in a joint-venture in Trinidad and Tobago.
(iii) Arora & Co., a proprietary concern in India, wants to apply to authorities concerned for permission to accept shares of a company outside India in lieu of fees due to it for professional services rendered to the said company.
(iv) Jolly Ltd. wants to borrow a term loan of £ 5 million @ 6% per annum from its foreign collaborators to be repaid in 7 years.