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SEPTEMBER 2024Foundation

Question 4

Sub-questions (5)

question_4_a_i4 MarksProblem Solving

Raghav found gold and diamond studded wristwatch value approximately ₹ 1,00,000/- on the roadside. He picked it up and then advertised in the newspaper that the true owner thereof can take the watch after showing proper evidence. After waiting for a certain period of time, when the true owner did not turn up, he gifted that wristwatch to his son Mahesh. A few days later, Madhav, the true owner of watch, somehow noticed his watch on wrist of Mahesh. He approached him to collect the same, but Mahesh refused. In the evening, Raghav called Madhav and told him that he incurred ₹ 20,000 to find the true owner if he fails to reimburse him the lawful expenses incurred on finding out the true owner, he will sue him for recovery thereof or retain the possession of the watch with him till recovery. Even he can sell the watch for recovery of expenses. Advise whether the following actions of Raghav were lawful according to provisions of The Indian Contract Act, 1872: (A) Gifting the wristwatch to his son. (B) Warning Madhav to sue for recovery of lawful expenses incurred in finding true owner. (C) Retaining the possession of wristwatch till recovery of lawful expenses. (D) Selling of wristwatch for recovery of expenses.

question_4_a_ii3 MarksProblem Solving

Woollen Garments Limited entered into a contract with a group of women in July, 2023 to supply various woollen clothes for men, women and kids like sweaters, monkey caps, mufflers; woollen coats, hand gloves etc. before the commencement of the winter season. The agreement expressly provides that the woollen clothes shall be supplied by the end of October, 2023 before starting of winter season. However, due to the prolonged strike, women group could tender the supplies in March, 2024 when the winter season was almost over. Analysing the situation and answer the following questions in light of the provisions of the Indian Contract Act, 1872: (A) Whether company can reject the total supply by women group? (B) Whether company can accept the total supply on request of women group?

question_4_b_i4 MarksShort Answer

With reference to provisions of the Negotiable Instruments Act, 1881, tell the instances where a person shall be deemed to have committed an offence for dishonour of cheque and what are the conditions to be complied with for not constituting such an offence?

question_4_b_ii3 MarksShort Answer

(A) All cheques are bills while all bills are not cheques. Explain the additional features of a cheque which differentiate a cheque from bill as per the Negotiable Instruments Act, 1881. (B) Ambiguous instrument

question_4_c6 MarksShort Answer

Explain the types of laws in the Indian Legal System considering the Indian Regulatory Framework.

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