GOA UNIVERSITY G.R.KARE COLLEGE OF LAW,MARGAO,GOA LLB DEGREE SEM IV BANKING LAW INCLUDING CONSUMER PROTECTION

Transcription

1 GOA UNIVERSITY G.R.KARE COLLEGE OF LAW,MARGAO,GOA LLB DEGREE SEM IV BANKING LAW INCLUDING CONSUMER PROTECTION OCT 2012, APRIL 2012, OCT 2011, APRIL 2011, Oct 2010, Oct 2009, April 2009, OCT 2008, APRIL 2008, OCT 2007, April 2007, OCT 2006, April 2006, April 2006 (Old), Oct 2005 (Old), April 2005, April 2005 (Old), OCT 2004, April 2004, 2003 (Old), 2003 (Old), 2001 (Old), Oct 2000(Old), April 2000(Old),

2 TNV -57 Duration: 3 Hours Max. Marks : 1 00 Instructions : Answer any ten questions from Q. No.1 to 14. Each question carries 10 marks. 1. "Banker has an implied obligation to maintain the secrecy of customers account"- Explain Explain the term banker and customer Elaborate on Joint Stock Company Account 'Pass book is the replica of customers account in the bankers books'- Explain What are the different types of commercial letters of credit? 'Right of appropriation is an important right of banker'- explain the said statement Explain the position of minor as a special type of account holder. 10 ' 8. Elaborate on the Banking Regulation Act Illustrate the circumstances in which the collecting banker may lose statutory protection on the basis of negligence What are the functions of RBI? Explain in detail the different types of cheques Highlight on the various kinds of endorsement Analyse composition and jurisdiction of District forum Elaborate on the Consumer Protection Council. 10

3 TNV-57 LL.B. (Degree) Semester - IV Examination, April 2012 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration: 3lrlours Total Marks : 1 00 Instructions :Answer any 10 questions from Q. No. 1 to 14. Each question carries 10 marks. 1. What is meant by Banker and Customer? Explain the general relationship between Banker and Customer What is Garnishee Order? Explain the law relating to garnishee order Explain in detail the different types of deposit accounts What are letters of credit? Give an explanation of such a facility provided by abanker What is meant by crossing of cheques? Illustrate different types of crossing Who are special types of customers? Explain the rights and privileges of a holder in due course. 10 ~ What are the reasons for nationalization of banks?. ~ ~CO!ii;;;.~' Explain the functions of Reserve Bank of India. ~ MARGAO-GOA i:j/ Elaborate on bankers right to general lien. -~~ Analyse the composition and jurisdiction of State and National Commission Give an account of Sir John Pagets," "Duration Theory". Does it hold true today Outline the various remedies provided under S. 14 of Consumer Protection Act What is the rule in Claytons case. 10 -'7o. ~ 'I'

4 B -7 TNY- 57 [Total No. of Questions : 9] LL.B. (Degree) (Semester- IV) Examination, October BANKING LAW I~CLUDING CONSUMER PROTECTION ACT Duration : 3 Hours Total Marks : 100 Instructions : I) Answer any 5 questions from Q.No. I to 8. 2) Q.No. 9 is Compulsory. Ql) What is meant by 'Banker' and 'Customer'? Explain the view of various authorities in this regard. [15] Q2) Explain the circumstances when the Banker need not maintain secrecy of the customer's account. [15] Q3) What are letters of credit? Give a detailed explanation of such a facility provided by a Banker. [15] Q4) What is meant by crossing of cheques? Illustrate different types of crossing. [15] QS) What is meant by 'Jurisdiction'? Explain the different types of jurisdiction of the Consumer Disputes Redressal Forum. (District Forum) [15] Q6) What are the objects of the Central Consumer Protection Council? [15] Q7) Who can be a complainant under the Consumer Protection Act, 1986? Outline the manner in which a complaint shall be made. [15] Q8) Describe in detail the composition of the Consumer disputes Redressai Commission (State Commission) [15] Q9) Write short notes on any 5: [25] a) Types of Garnishee Orders. b) Trivulous and vexatious complaints. c) Countermanding payment. d) Restrictive trade practices. e) Overdraft. f) 'Defect' and 'Deficiency'.

5 G-510 (Pages: 01) TNY -57 [Total No. of Questions : 9) LL.B. (Degree) (Semester- IV) Examination, April/May 2011 Banking Law Including Consumer Protection Act Duration : 3 Hours Total Marks : 100 Instructions: 1) Answer any FIVE questions from Q.No.l to 8. 2) Q.No. 9 is Compulsory Ql) Explain the Banker's right of general lien and its limitations. Q2) Analyse in detail the Banker's duty to honour customer's cheques. Q3) Write notes on the following special types of customers: a) Minor b) Trust c) Illiterate P.erson [5 X 15 = 75) Q4) What is a negotiable instrument? Examine the essentials of 'promissory note', 'bill of exchange' and 'cheque'. Q5) What is meant by 'service' under Consumer Protection Act, 1986? Examine the position of 'medical' Services in this regard. Q6) Critically examine the meaning of 'Negligence' and comment upon product liability and compensation with reference to leading cases. Q7) What is the procedure to be adopted by the District Forum upon receipt of a complaint? Q8) Explain the various types of jurisdiction of the state Consumer Disputes Redressal Commission (State Commission). Q9) Write short notes on any 5: [5 X 5 = 25) a) Penalties under Consumer Protection Act, b) Reasons for Nationalisation of Banks. c) Garnishee Order. d) Appeals under Consumer Protection Act, e) Banker's duty not to close Customer's account f) Deficiency in 'Housing Services' under Consumer Protection Act, 1986.

6 ~ ~ 1111 I + { t C> I 2..<:>1 () C~-t~!~) TNY -57 Duration : 3 Hours Total Marks : I 00 Instructions : 1) Question No. 9 is compulsory. 2) Answer any 5 questions from Q No.1 to How have the various authorities defined the term 'Customer' in banking law? Explain the banker's right of appropriation through the rule laid down in Clayton's case. 3. Write short notes on : a) Duty ofbanker to honour cheques. b) Duty not to close customers's account unilaterally. c) Position of banker in the concept of agency What is meant by crossing of cheques? Illustrate different types of crossing Explain the various types of jurisdiction of the State Commission Outline the various judicial pronouncements with respect to 'medical' services and consumer protection Give an account of the various types of orders that District Forum can issue to opposite parties Describe in detail the composition of the District Forum Write short notes on any 5 : 25 a) Vexatious complaints. ~ b) Limitation period under Consumer Protection Act. c) Garnishee order d) Unfair trade practices e) Appropriate laboratory f) Banker's right oflien.

7 llllllllllllllllll!lllllll! TNY -57 LL.B. (Degree) Sem. - IV Ex~tion, October 2009 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration : 3 Hours Max. Marks : 100 Instructions : 1) Question No.9 is compulsory. 2) Answer any 5 questions from Q. No. I to Customer is integral part of bank. Explain the nature of his relationship with banker Explain the organisation and functions of Reserve Bank of India Enumerate and explain the circumstances under which Banker is justified in refusing the payment of cheque Explain critically the statutory protection available to a collecting banker Explain the procedure to be followed by district forum on receipt of complaint Define term 'Service' and explain to what extent 'Medical Services' rendered free as well as paid, comes, within the preview of Consumer Protection Act, with reference to decided cases and recent directives of Supreme Court Outline the evolution of consumer laws in India "Customer is a type of consume-r". Explain this statement with appropriate case laws and illustrations Write short notes on any five : 25 1) Married woman : Special type of account holder. 2) State Consumer Protection Council. 3) Nationalisation of Banks. 4) Joint Account. 5) Powers of District Forum as regards to defective goods. 6) 'Goods' under Consumer Protection Act. 7) Frivolous of vexatious complaint.

8 ~I 1 ~~ TNY -57 LL.B. (Degree) (Sem.- IV) Examination, April 2009 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration : 3 Hours Total Marks : 100 Instructions : 1) Question No. 9 is compulsory. 2) Answer any 5 from Q. nos. 1 to Explain the essential features ofbanker's right of general lien with its limitations The Reserve Bank of India is a controlling body over commercial banks in India. Comment What is a 'crossed cheque' and briefly explain the various types of crossing Discuss the criminal liability of drawer of a cheque in case of dishonour of cheque for insufficiency of funds with latest case laws Critically analyse composition and jurisdiction of state and national commission "Aim of Consumer Protection Act, is to protect consumer from various unfair trade practices" - Elaborate Explain the various provisions under Consumer Protection Act, as regards to Consumer Protection Councils Who is a complairiant? What is the meaning of complaint, under Consumer Protection Act, with relevant case laws? Write short notes on any five : 25 1) Types of Deposit Accounts. 2) Purpose ofbanking Regulation Act. 3) Banker's Right of Appropriation. 4) Estoppel Against Forgery. 5) Consumer Association. 6) Consumer Disputes. 7) Appropriate Laboratory.

9 111m111 ~IIIII ~~ TNY -57 LL.B. (Degree) (Sem.- IV) Examination, 2008 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration : 3 Hours Total Marks : 100 Instructions : 1) Q. No. IO is.compulsory. 2) Answer any six from Q. Nos. I to Give an account of Sir John Pagets' "duration theory". Does it hold true today? "It is the duty of a banker to maintain secrecy of the customer's account". Explain with reference to exceptions Examine the statutory protection available to a collecting banker What is a negotiable instrument? Illustrate with suitable examples the various types of such instruments Write short notes on : a) Pecuniary jurisdiction of consumer disputes redressal agencies. b) Limitation for filing complaints under Consumer Protection Act, c) Distinction between contract "of " and a contract "for" personal service Examine the composition and jurisdiction of the District Forum as provided under the Consumer Protection Act, Define "service". What is the correct legal position on 'education' as a service, according to decided cases? What is the procedure the district forum must adopt on receipt of a complaint? Enumerate and explain the various rights of a consumer Write short notes on any two : 10 a) Garnishee order. b) Vexations complaints by consumers c) Crossing of cheques.

10 TNY -57 LL.B. Degree (Semester - lv) Examination, April 2008 BANKlNG LAW INCLUDING CONSUMER PROTECTION ACT Duration : 3 Hours Max. Marks : 100 Instructions :I) Q. No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to 9. l. Outline the definitions of Banker and customer propounded by various authorities Explain the banker's right of appropriation vis-a-vis the customer Examine the statutory protection available to a paying banker What is meant by dishonour of a cheque? Examine the criminal liability of a drawer of a cheque under Sec. 138 of Negotiable Instruments Act_, Define "service". To what extent are doctors and medical personnel ~nswerable under the Consumer Protection Act, 1986? Critically examine the rights of a consumer Examine the composition and jurisdiction of the State Commission as provided under the Consumer Protection Act, Write short notes on : 15 a) Unfair trade practices b) Cornpla~nt c} Appeals, under Consumer Protection Act, Outline the. various remedies _provided under Sec. 14 of the Consumer Protection Act, Write short notes on any two : 1 0 a) Banker and Law of limitation b) Garnishee order c) Housing construction as a service.

11 TNY -57 LL.B. (Degree) (Semester- IV) Examination, 2007 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration :'-. 3 Hours Total Marks: 100 Instructions: 1) Q. No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to Compare the position of a Banker to that of a customer through the following relationships: 15 a) Debtor and Creditor b) Trustee and Beneficiary c) Agent and Principal. 2. Examine the precautions a Banker must take in respect of the following customers: 15 a) Minor b) Illiterate person c) Partnership firm. 3. Examine the duration theory as expounded by Sir John Paget. To what extent is it acceptable by modem bankers? Define a cheque. Illustrate with examples state, multilated, ante-dated and postdated cheque Write notes on: 15 a) Complainant b) Jurisdiction of National Commission c) Limitation for filing a complaint before CORA. 6. Outline the various remedies provided under Sec. 14 of the Consumer Protection Act. 15 P.T.O.

12 TNY Define Service. What is the correct legal position on Education as a service according to decided cases? Explain the composition and jurisdiction of the State Commission Critically examine the rights of a Consumer Write short notes on any two: (2x5=10) a) Unfair Trade Practices b) Distinction between contract "of' and contract "for" personal service c) Garnishee. order.

13 TNY -57 LL.B. (Degree) (Sem.- IV) Examination, April2007 BANKING LAW INCLUDING CONSUMER PROTECTION ACT (Optional) Duration : 3 Hours Total Marks : 100 Instructions: 1) Question No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to Discuss the various types of rel?tionships that exist between a banker and a customer Examine the criminal liability of a drawer of a cheque in case of dishonour for insufficiency of funds Outline the various subsidiary services rendered by a banker as "agency" and "general utility" services "A Banker is duty bound to maintain secrecy of a customer's account". Explain with exceptions Explain in detail the Banker's right of appropriation Critically examine the rights of a consumer Define service and explain to what extent medical services are within its purview with reference to decided cases What is meant by Jurisdiction? Explain the types of Jurisdiction Examine the provisions of the Consumer Protection Act relating to appeal Write short notes on any two: (2x5=10) a) Manufacturer b) Garnishee order c) Contents of a complaint before CDRAs.

14 MAH-57 LL.B. (Degree) Sem.-IV Examination, 2006 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration: 3 Hours Max. Marks: 100 Instructions: I) Question No. I 0 is compulsory. 2) Answer any six from Q. nos. I to Discuss the nature of rights and obligations between banker and customer EJWlain the features of various kinds of deposit Discuss the criminal liability of the drawer of a cheque in case of dishonour of cheque for want of funds Discuss Reserve Bank of India's control over Banking Companies Write notes on : a) Objectives of Nationalisation of Banks b) Meaning of Consumer Define service and analyze the extent to which Medical Profession would fall within the purview of 'service' under the Consumer Protection Act Explain the composition and jurisdiction of National Commission Write notes on : a) Jurisdiction of District Forum b) Composition of State Commission c) Remedies under the Consumer Protection Act Outline the procedure to be complied within respect of a complaint under the Consumer Protection Act Answer any two of the following: 10 a) Overdraft b) Unfair Trade Practice c) Garnishee Order.

15 MAH-57 LL.B. Degree (Sem. - IV) Examination, April 2006 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration : 3 I lours Max. Marks : loo Instructions : I) Question No. 10 is compulsory. 2) Answer any six from Q. Nos. 1 to 9. I. Who is a Customer? Explain the nature of his relationship with a Banker. I 5 2. Explam the powers of Reserve Bank of India to control commercial banks All cheques are bills, but all bills are not cheques. Discuss Write an essay on the different kinds of deposit accounts and their features. IS 5. Write notes on : a) Lellers of Credit b) Consumer Protection Councils Discuss the applicability of Consumer Protection Act to Medical Profession Explain the composition and jurisdiction of National Commission Write notes on : a) Deficiency in Service b) Composition of State Commission c) Unfair Trade Practice Explain the manner in which a complaint is to be filed before a District Forum and the procedure to be followed by the Forum on receipt of a complaint. 15 I 0. Answer any two of the following : 10 a) Garnishee Order b) Definition of Consumer c) Partnership Firm Account

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19 Q.ll. Outline t."w procedure to be fo,lowed b: a Jistrict forum on receipt of a complain!.. (8) Q.l2. Explain: (8) (a) App10priate Labora:ory (b) "Goods" Wlder the Comwn!r Prnteetioo Act, Q.l3. Explain th~ c.ompos11ion a:td jurihiicticn oft~ e State Commission. (8) Q.14. Attempt any 2 (6) (a) Manufacturer (b) Con~wner orgjnization;. (c) Consumer d i~?utes. XXXXXXXXXXXXX:XXXXXXX IQ(}~XX\'XXXXX::{XXXXXXXXXXXXX:XXXXX

20 SAM- 58 LL.B. (Sem. -IV) (Degree) Examination, April 2005 BANKING LAW INCLUDING CONSUMER PROTECTION ACT Duration: 3 Hours Max. Marks: Instructions: 1) Question No. 10 is compulsory. 2) Answer any 6 questions from Q. Nos. 1 to 9. I. Explain the Debtor-Creditor, Trustee-Beneficiary and Agent-Principal relationships between a Banker and a Customer Explain the Banker's duty to honour cheques. When can he dishonour a cheque? What is the protection given to a collecting banker in the Negotiable Instruments Act, 1881? IS 4. Explain the precautions a banker must exercise when opening an account for the following ': 15 a) Minor persons. b) illiterate persons. c) Partnership firms. 5. Write notes on : ls a) Garnishee order. b) Unfair trade practices. 6. Defme "Service". Explain the correct legal position of medical services by referring to judicial decisions What is meant by the tenn "jurisdiction"? Explain territorial, pecuniary, subjectmatter, appellate and revisional jurisdictions of the National Commission Write notes on : 15 a) Composition of the State Commission. b) State Consumer Protection Council. c) Penalties under Sec. 27 of C.P.A., Outline the procedure for hearing an appeal by the State Commission. What is meant by "Sufficient cause" to condon~ a delay for appeals filed beyond prescribe time? Answer any two of the followij.ig : 10 a) Rule in Clayton's case. b) Appropriate laboratory. c) Compensation for negligence.

21 LL.B. ( De-gree) s~~m- IV E~r.F.l m in a tirm April 2005 BANKJJ\G LAW ( OLD) Time: 3Hrs. Max. Marks :75 Instructions: 1) Aru.wer any 4 questigm from 1 t<. 6 2) Q ue~stion n o i' is comp nlsory SECTION-l Q.l Explain the. term 'Banker and ' CUb1omcr'. (8) Q.2 Explain the liability of dmwc:e ban i. in case of unjustified dishonour of cheque. (8) QJ Explain the position of Reserve Bank of India ( RBI) und ~r Indian banking system. (8) Q.4 Define 'Holder' and how it difti:rs.rom 'Holder in due cours.c (8) Q.S Defined cros$ed cheque and critica ly explaijl various types ::of crossings (8) Q.6 Explain : (8) a) Nationalization ofbm ks and its TmJ:ortance b) Kinds of Accounts Q.7 Write short notes on any TWO: (6) a) Garnishee order b) Traveller's cheque c) Estoppel against forgery SECTION - ll Instructions : 1) Am::;ver any FOUR question!. from S to 13 2) Question numbu 1.4 is ;ompulsory Q.8 Set out the background of conswn!r moveme.tt in India ar.d abroad. Q.9 Explain the various provisions undl'r consumer p"''te::tion Aet, as regards to consumer protection councils. (8) (8) Q.J 0 "Simple speedy and in expensive:.edressal i a goal of Consnmer Protection Act." (8) Whether it has achieved its goal? Q. 11 Explain : (8) a) Expanding role of cor.sumer cou ts. b) Deficiencies of Consumer Prote<:tion Act. Q.12 Analyse th.e <:<)mpositioc\ and Jurisdicti :>o o.f c istiod Forum and explain the manner (8) in which complaint shall be made. Q.13 Explain the C{lnc:ept of" Services undnr Consurr.er Protection Act with latest caselaws. (8) Q.l4 Write short notes on any TWO: (5) a) Power of state commission b) ' Goods' under Consumer Protection Act c) Restrictive Trade Pra<:tices.

22 LL..fl.. Sem. IV ( 3 J'ears )_li:~glvlin atig~n October 2004 Bankiltg Law and Con~.em.y:_ P!J.!.!.{Cfion Aclj..(JPTIONAL/ NEW Time: 3 Hrs. Max. marks: 100 INSTRUCTIONS: 1. Answer any 6 (Six) questions from 1 to Question number 10 is compulsory. Q.l. Critically analyse the term "Banker" and "Customer". (15) Q.2. 'Right of appropriation is an impo rtru.~ t ri. ~ht of :Janker'. Ex : Ia.n this statement with relevant case laws. (15) Q.3. Explain the tenn 'Negotiation' and btiefl,1 discl ss vanous type: of indorsements. (15) Q.4. What is a crossed cheque? Explain briefly the variou:; type'; of crossing and its importance. (15) Q.5. Explain in brief. (15) (a) Nationalisation of BanlL (b) Powers of Reserve Bank oflndia Jill!) Q.6. Q.7. Q.8. Q.9. Critically appreciate the modem techniqu~s employed by conslmer organization for strengthening the rights of conswner. (15) Analyse the composition and jurisdiction ofdis:rict Forum and explain the manner in which complaint shall bt. made. (15) Explain the term 'services" with spec,al reference to Medical Services under consumer protection Act,.,.ith relevant case lav s. (15) "Simple, speedy and inexpensive redressd 1s a.soa, ofconslmct protection Act". Whether it has served purpose - Elaborate. (15) Q.l 0. Write short note on any TWO: (10) (a) Consumer Disputes. (b) Kinds of Account. (c) Banking Regulation Act

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25 S.Y. LL.B. Degree (3 Years) Sem. IV Examination, 2003 BANKING LAW & CONSUMER PROTECTION ACT (Optional) SRN-193 Duration : 3 Hours Tota1 Marks : 75 SECTION-I lnstructwns: 1) Answer any 4 questions from 1 to 6. 2) Question number7 is compulsory. 1. Explain the essential features of Bankers right of general lien & explain its limitations What is crossing of cheques? Explain in brief the effect of crossing of cheques Discuss the importance of"regional Rural Bank: Act" Reserve Bank of India is a supervisory & controlling authority over commercial bailks. Elaborate Critically analyse the term "Banker" & "Customer" Explain : 8 a) Effects of nationalisation of banks. b) Garnishee order. 7. Write short notes on any two: a) R.C COOPER V UNION OF INDIA. b) Duty not to disclose customer's account c) Raising of amount on cheque. SECfiO~ - II lnstructwns: I) Answer any 4 questions from 8 to 13. 2) Question number 14 is compulsory. 8. Explain the various provisions under Consumer ProtectionAct, as regards to consumer protection councils Explain the term Services' under Consumer ProtectionAct with relevant case laws Analyse composition & jurisdiction of District Forum & explain the manner in which complaint shalj be made Explain in ~etail the aims & objectives of the Consumer Protection Act Critically analyse various rights of consumer Briefly state the growth of consumerism in relation to consumer movement in India & abroad Write short notes on any two: a) Objects of Central CounciL b) Appeal from National Forum. c) Consumer deficiency.

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29 RN Analyse composition and jurisdiction of State Commission and explain what are the powers of State Commission Explain the concept of "Services" under Consumer Protection Act. with latest case laws Explain the various provisions under Consumer Protection Act as regards to "Unfair Trade Practices" Write short notes on any two of the following: (Zx2,X =5) a) Consumer Organisations. b) Complaint c) Powers of National Commission.

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