Arbitral Tribunal - Drafting, Appearances and Pleadings - Exam, Exams of Law

Download Arbitral Tribunal - Drafting, Appearances and Pleadings - Exam and more Exams Law in PDF only on Docsity! 1/2009/DAP (NS) P. T. O. : 1 : 372 Roll No.......................... Time allowed : 3 hours Maximum marks : 100 Total number of questions : 8 Total number of printed pages : 4 NOTE : Answer SIX questions including Question No.1 which is compulsory. 1. Attempt any four of the following : (i) Define ‘document’. Explain various kinds of deeds. (ii) What are the important points that should be taken into consideration while drafting contracts ? (iii) What are the pre-requisites of ‘arbitration’ ? Draft the specimen of an arbitration agreement to refer dispute to an arbitral tribunal. (iv) Define the following : (a) Contract of guarantee (b) Hypothecation agreement (c) Lease (d) Licence (e) Mortgage. (v) Draft a specimen of memorandum of mortgage by deposit of title deeds. (5 marks each) 2. (a) Write short notes on any two the following : (i) Del credere agency (ii) Usufructuary mortgage (iii) Power of attorney and letter of authority. (3 marks each) (b) Choose the most appropriate answer from the given options in respect of the following : (i) A deed kept for twenty years or more in man’s escritoire or strong box is called — (a) Pretended deed (b) Lawful deed (c) Warranty deed (d) Latent deed. : 2 : 1/2009/DAP (NS) Contd... 372 (ii) A ‘guarantee’ guaranteeing an employer against the misconduct of an employee or to answer for the debt or default of another is called — (a) Performance guarantee (b) Bank guarantee (c) Counter guarantee (d) Fidelity guarantee. (iii) In English law, mortgage by deposit of title deed is called as — (a) Usufructuary mortgage (b) English mortgage (c) Equitable mortgage (d) Anomalous mortgage. (iv) Power of attorney executed for the purpose of generally representing another person or for performing more than one act is called — (a) General power of attorney (b) Special power of attorney (c) Particular power of attorney (d) Revocable power of attorney. (v) In case of a company, mortgage of the property should be duly authorised — (a) By objects clause of the memorandum of association and approved by a resolution of the Board (b) Only by objects clause of the memorandum of association (c) Only by a resolution passed in the meeting of the Board (d) By articles of association. (1 mark each) (c) Mention the procedure to be followed for carrying through a compromise or arrangement under section 391 of the Companies Act, 1956. (5 marks) 3. (a) Distinguish between the following : (i) ‘Conveyance’ and ‘contract’. (ii) ‘Instrument’ and ‘deed’. (iii) ‘Partnership’ and ‘trust’. (4 marks each) (b) Write a short note on ‘retirement and expulsion of partners’. (4 marks)