LL.B. (Three Years) Sem 6 Law of Banking and Negotiable Instruments Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in not more than two sentences (20 Marks - 2 marks each)

1. Q1 What is inland and foreign instruments?
2. Q2 What is the qualification for appointment as 'presiding officer' of a Tribunal under Recovery of Debts due to Banks and Financial Institution Act 1993?
3. Q3 What are the demand and time liabilities of the banks?
4. Q4 Define 'Cheque' under Negotiable Instruments Act.
5. Q5 What is an "ambiguous instrument"?
6. Q6 What are the assets of the issue Department of the Reserve Bank?
7. Q7 What is the capital of the Reserve Bank and who holds it?
8. Q8 What is a 'Negotion'?
9. Q9 What is a 'Scheduled Bank'?
10. Q10 What is the defination of the Bankers' Books, under Bankers' Books Evidence Act, 1891?

SECTION II - Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. Q11 Reserve Bank as 'Government Bank' and advisor to the government.
2. Q12 The securities and Exchange Board of India (SEBI).
3. Q13 Inchoate stamped Instrument.
4. Q14 'Holder' under Negotiable Instrument Act.
5. Q15 Licensing of banks and their branches.
6. Q16 Circumstances under which the banker is justified in dishonouring a cheque.

SECTION III - Q.3: Answer the following by giving reasons, any two (12 Marks - 6 marks each)

1. Q17 Analyse the following under relevant provisions of the Banking Regulation Act. (i) A banking company commences its business and its subscribed capital is less than half of the authorised capital. (ii) Can a banking company deal in buying or selling or bartering the goods in addition to the business of banking? (iii) Can a banking company creak any charge upon any of its unpaid capital?
2. Q18 State giving reasons whether the drawee bank is justified in refusing the payment of a cheque. (i) The cheque is dated 01-05-2012 and is presented for payment on 01-04-2012. (ii) The cheque is dated 01-01-2012 and is presented for payment on 12-05-2012. (iii) The amount of the cheque stated in words as ₹ four hundred where as in figure as ₹ 40/- only.
3. Q19 Analyse the following under relevant provisions of the Banking Regulation Act. (i) Can a banking company carry on its business of banking in India without using the words 'banks', 'banker', 'banking' as parts of its name? (ii) Can a banking company hold any immovable property, othewise than acquired for its own use? (iii) Can a banking company pay Dividend on its shares before writting off completely its all capitalised expenses.

SECTION IV - Q.4: Answer the following, any four (48 Marks - 12 marks each)

1. Q20 Define Bill of Exchange? What are the essential ingrediants of a valid Bill of Exchange? Compare Bill of Exchange as cheque.
2. Q21 What are the core functions of Reserve Bank as a central Bank of India?
3. Q22 What is endorsement? Discuss the various types of endorsement under the Negotiable Instruments Act?
4. Q23 Discuss the provisions of Banking Regulation Act 1949 relating to restriction on opening of new and transfer of existing place of business.
5. Q24 Explain the provisions of Reserve Bank of India Act, relating to collection and furnishing of credit information.
6. Q25 Write Explanatory Note on Bankers' Books Evidence Act 1891.

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