General and Commercial Law (Executive Level-I)

GENERAL AND COMMERCIAL LAW (July 2021 to January 2017) CNPAST

A. Source of Law:
1. Describe the "Rules of Law".
2. Define law according to Holland.
3. Define law both in commercial and general perspective.
4. Discuss about society and law.
5. ‘All are equal in the eyes of law.’ Discuss.
6. Explain the sources of law/What are the sources of law?/Write down the various sources of law.
7. Define Law & Explain sources of Commercial Law in Bangladesh context. Can custom be a good
source of law?
8. What are the benefits of the rule of law?
9. What do you understand by the rule of law?
10. What is the legislative procedure followed for a Bill to become Law?
11. What do you understand by freedom of trade?
12. "No man is above law".-Discuss.
13. ‘A minor is always allowed to plead minority.’ Explain.

B. Constitution
1. What are the basic necessities of life according to the Article 15 of the Constitution Bangladesh
2. Article 15 of the Bangladesh Constitution provides certain basic necessities of are those basic
necessities?
3. What are the five basic needs (necessities) of life according to the article 15 (section 15) of the
Constitution of Bangladesh?
4. Discuss different types of writs including Habeas Corpus.
5. Define Contract. Describe how a contract can be terminated?
6. Continuing guarantee cannot be revoked. Explain.
7. Distinguish between Void agreement and Illegal agreement.
8. Distinguish between Indemnity and Guarantee.
9. What do you mean by 'Fundamental Rights' and 'Fundamental Principles of the State Policy? Do
you find any differences between the two?
10. There are some special powers of the High Court Division to issue certain orders and directions
under Article 102 of the Constitution f the People's Republic of Bangladesh. State these powers.
11. Under what circumstance the High Court Division can pass an order for the infringement of the
fundamental rights under Article 102 of the Constitution?
12. Writ is a remedial right for the enforcement of substantive law. - Explain.
13. Describe the constitutional provisions relating to State monopoly.
14. Explain different types of writs especially habeas corpus/Discuss the term ‘Writ of Habeas
Corpus’/How many writs are there in the Constitution?
15. Briefly discuss the 'Supreme Judicial Council'.
16. What do you understand by Independence of Judiciary?
17. Discuss the outcome of 'Judicial System of Bangladesh' following 16 (Sixteenth) Amendment of
the Constitution.
18. What do you understand about the ‘fundamental rights’ of a citizen? State the various
fundamental rights which should be enjoyed by a citizen of Bangladesh.
19. How an ordinance is promulgated?
20. Briefly describe the concept of non-party care taker government.
21. Who is the head of the care taker government? What procedures are to be followed for the
selection of the chief advisor under the constitution of Bangladesh?
22. State the jurisdiction of High Court division and Appellate division under the Supreme Court of
Bangladesh.
 General and Commercial Law (Executive Level-I)

C. Law relating to contract

1. State the term "Doctrine of Frustration". Explain the essential elements of a valid contract.
2. "No consideration no contract"- is there any exception of the rule? If so, explain.
3. Which contracts need not to be performed?
4. "An agreement without consideration is void unless it is in writing and registered - Explain.
5. What are the consequences of an agreement made by a person who is not qualified to enter into
a contract?
6. Mr. Anower entered into an agreement with his wife, Mrs. Sharmin to register a house in her
name without any purchase consideration. Subsequently, Mr. Anower refused to register the
house in the name of his wife. Mrs. Sharmin filed a suit to hold her husband accountable for not
honoring the agreement between them. In this connection write the legal remedy.
7. What are the essential elements of a contract? Explain/ What are the essential elements of a valid
contract? "No consideration, no contract". Do you agree? Explain.
8. A mere statement of intention is not an offer. Explain
9. Mr. Tutul, a singer, signs a contract with Channel-i to sing at their event. The terms are 3days
rehearsal and 1 day to perform at the show. Mr. Tutul become sick and misses 2 days of
rehearsal but ready for the 3rd day and the final show. Channel-i no longer wants him tossing.
Can Channel-i treat the contract as discharged?
10. Mr. X threatens to kill Mr. Y if he does not sell his house for BDT 40,00,000 to Mr. X. Mr.
11. Y sells his house to Mr. X and receives payment. Explain their contract and If Mr. Y wants to
exercise his option to repudiate the contract, how it will be possible?
12. Distinguish between void and voidable contract. In which cases contract can be void?
13. What are the remedies for breach of contract?
14. Write the rights of a bailor and bailee under the contract act?
15. "All agreements are not contracts but all contracts are agreements" - Discuss.
16. What is the effect of an agreement made by a person who is not qualified to enter into a
contract?
17. In which cases are the contracts required to be made in writing?
18. "No consideration, no contract"-state the exceptions of this rule.
19. Four Robbers made an agreement amongst themselves that they will share the looted goods
equally. The amount of looted goods is Taka Ten lac. The Leader of the gang took himself Taka
five lac and the reminder was distributed among the other three. Advise, whether they can sue
against the Leader?
20. Mr. A entered into an agreement with his wife, Mrs. Y to register a house in her name without
any purchase consideration. Subsequently, Mr. A refused to register the house in the name of his
wife. Mrs. Y filed a law suit to hold her husband accountable for not honoring the agreement
between them. In this connection write the legal remedy.
21. Discuss the circumstances when an agent is personally liable on contracts entered into by him.
22. Mr. Chowdhury was employed as Managing Director of XYZ Company Limited by the Board of
Directors under a written contract. Subsequently, the contract was found to be void because the
Directors who constituted the Board were found unqualified. Mr. Chowdhury worked as Managing
Director for three months. The company refused to pay the remuneration to Mr. Chowdhury. In
this connection write the legal status/remedy.
23. What do you understand by performance of contract? Under what circumstances a contract need
not be performed?
24. What is the consequence of breach of contract? State the remedies allowed to the aggrieved
person in case of breach of contract?
25. What do you understand by 'Novation'? What is the difference between Alteration and Novation?
26. A minor borrowed Tk.10,000 from Mrs. Selina on a fraudulent representation that he was a major
and he spent it, Can Mrs. Selina sue him for the return of the amount?
27. A, a famous artist, promised to paint a picture for B by a certain day on payment of Tk.50,000.
Unfortunately A died before the day. Can this contract be enforced by A's representative or by B?
 General and Commercial Law (Executive Level-I)

D. Law relating to sale of goods

1. How sale is different from agreement to sale?
2. What do you understand by Condition and Warranty? Write down the consequences of breach of
warranty.
3. Who is unpaid seller? Briefly describe the rights of an unpaid seller against the goods and the
buyer personally.
4. What are the various remedies open to the parties to a contract for sale of goods in Case of
breach of the same.
5. "A seller cannot transfer better title than he has". - Explain. Define the stipulation in a Sale of
Goods contract.
6. What are the differences between Guaranty and Warranty?
7. Explain whether Mr. A can revoke his offer for sale of his car he made to Mr. B since he has not
yet received the acceptance letter from Mr. B though Mr. B has sent the acceptance letter one
week back through Registered Post?
8. Describe the Doctrine of Caveat Emptor and its exceptions.
9. Differentiate between conditions and warranties.
10. State the different types of goods.
11. Write notes on the difference between general damages and special damages.
12. Explain legal mechanism to protect online shopping related rights.
13. Describe the advantage of doctrine of caveat emptor along-with exceptions.
14. Define the Stipulation in a Sale of Goods contract?
15. What is an unpaid seller's lien? Mention the different circumstances when a seller is entitled to
lien? How is the unpaid seller's lien terminated?
16. Describe the rights and liabilities of the buyer and seller of a Property.
17. "A seller cannot transfer better title than he has". - Elaborate.
18. P sells some goods to Q on credit. The goods have been delivered to Q within the stipulated time.
Q on due date refuses and / or neglects to pay the price. What is the remedy against available to
P.
E. Law related to negotiable instruments
1. Define Negotiable Instruments with examples. What are the essential features Negotiable
Instrument?
2. Define a Negotiable Instrument.
3. Write-down the characteristics of Negotiable Instrument.
4. What are the effects of crossing a cheque with the words 'Not negotiable"?
5. Narrate the meaning of 'Holder in Due Course'.
6. Define the rights of a "holder in due course" of a negotiable instrument.
7. Can a holder of a cheque cross the cheque after it is issued?
8. Describe the rights & obligations of the parties available under Negotiable Instruments Act, 1881.
9. How many negotiable instruments are there? Explain.
10. Mr. Kamal has got a 10 days' post-dated cheque from Mr. Rahim against the sale of some shares
of his company. In the meantime, Mr. Rahim died and the Cheque was dishonored.
Explain the following:
i) What type of action can be taken by Mr. Kamal?
ii) What will happen if there is no successor of late Rahim?
11. When Cause of action arises under section 138 of the Negotiable Instrument Act, 1881?
12. Explain the essential elements of a Promissory Note. State with reasons, whether the
13. Following instruments are valid promissory notes?
i) X Promises to pay Y, by a promissory note a sum of BDT 50,000, fifteen days after the death of
B.
ii) X I promises to pay Y, by a promissory note a sum of BDT 50,000 and all other sums which
shall be due.
14. Describe the various modes in which a cheque can be crossed. Can a holder of cheque cross the
cheque after it is issued? Discuss
15. Define Mortgage and Charge. Make a distinction between Mortgage & Charge.
 General and Commercial Law (Executive Level-I)

16. Enumerate the presumption which shall be made with reference to Negotiable Instrument.
17. Discuss the liabilities of various parties to Negotiable Instruments. A draws a cheque in favour of
B, a minor. B endorses it in favour of C, who in turn endorses it in favour of D. The cheque is
dishonored by the Bank. Discuss the rights of C and D.
18. What happens if Negotiable Instrument: (i) is lost, (ii) is obtained illegally, (iii) is forged.
19. Define Negotiable Instrument under the Negotiable Instrument Act 1881.
20. What are the purposes of crossing a cheque? How cheques are crossed?
21. What is a holder in due course?
22. A, a merchant issued a cheque in favor of B, a supplier of goods. When B presented the cheque
within time, the bank refused to pay B the amount. Under what circumstances a bank can
dishonor a cheque and what remedies are available to B under the Negotiable Instrument Act?

F. Law of agency
1. What is an agency relationship?
2. Describe the rights and duties of Agent and Principal. How can agency relationship be
terminated?

G. Law related to partnership

1. As per section 28 of the Partnership Act, 1932, what sorts of obligations or liabilities to a person
as partnership by estoppel?
2. Can a minor enter into a contract of partnership? Discuss the provision.
3. What are the disabilities of an unregistered firm?
4. Sharing of profit is only the 'Prima Facie' evidence of partnership firm - Explain.
5. Define partnership as per the Partnership Act and mention the essential elements as per
Section 4 of the Partnership Act.
6. When can personal profits earned by partners be treated as the property of the firm?
7. How and when a partner can retire? What is the effect of such retirement on the right of the third
parties?
8. What are the differences between partnership and co-ownership?
9. Is registration obligatory for a firm under the Partnership Act? What are the disadvantages of
non-registration of a firm?
10. "An unregistered firm and the partners thereof suffer from certain disabilities". Explain.
11. If the majority partners of a partnership firm wish to sell the business and there is no partnership
agreement, can the majority partner decide to sell the whole partnership, and are there certain
statutes for this
12. What are the advantages of Partnership over Company?
13. A & B agree to share profits of the business carried out by them but do not state the Deed about
sharing of losses. Is it a valid partnership?
14. Define salaried partner? How does it differ from a Fixed Equity Partner?
15. What is the procedure for registration of a Partnership Firm? Is Registration Partnership firm
mandatory?
16. Rahim & Karim Agro is an unregistered partnership firm. After 2 years of successful operation,
one of the partners, Karim unethically sold unwell firm chickens to a customer Rafiq. The
payment is already done and now Rafiq wants a refund of full payment after ealizing the fact. Will
Rafiq have a suit? If so, under which Rule?
17. Who is eligible to become a partner under the Partnership Act 1932?
18. ABC Company Limited and XYZ Company Limited has intended to form a new partnership firm.
Do they qualify the requirements of being valid partners under the Act?
19. What do you understand by Partnership at Will?
20. Although registration of firms is not compulsory, firms are usually registered. What are the
disadvantages for non-registration of a firm under the Law of Partnership?
21. Narrate the differences between Partnership and Co-ownership.
22. What are the essentials of a partnership?
23. Who can be a partner under the Partnership Act? Can a Private Limited Company become a
member of a partnership firm?
 General and Commercial Law (Executive Level-I)

24. What is mean by "dissolution of a firm"?

25. Discuss the different modes of dissolution of partnership.
26. Sharing of profits is only prima facie evidence of partnership. - Describe.

H. Law related to stamps

1. What are the consequences of non-stamping of instruments? Distinguish between Lease and
Mortgage
2. Describe the necessity of stamping of a document under the Stamps Act.
3. Describe the consequences of non-stamping and under stamping.
4. A document creates a lease on property X and also grants a gift of property Y. How is the stamp
duty to be calculated on this document?
5. Why is stamp duty affixed for execution of various instruments under Stamp Act?
6. A company has issued share certificates in favour of its shareholders without affixing requisite
stamp duty on the face of the certificates'. (i) Discuss the status of the validity of the share
certificates in the eye of law (ii) What is the specified amount of stamp duty to affix for issuance
of share certificate?

I. Law related to societies registration

1. When a society is no longer operating? Explain the enforcement of judgment against societies.
2. Mr. Dulal left a cow in the custody of Mr. Shohel as to be taken care of the cow after a month the
cow gave birth to a calf. Who is entitled to the Calf?
3. How the societies can be dissolved under the Societies Registration Act? - Explain.
4. How is the property of a society vested in trustees?
5. Explain the enforcement of judgment against societies.
6. Describe the general concept relating to registration of society under the Societies Registration
Act.

J. Law related to trusts

1. How a trust is formed? Narrate the rights and liabilities of the beneficiary.
2. When do trusts arise? How to remove a Trustee?
3. Define Trust. Who can be a beneficiary? Explain essential features of Trust.
4. What are the disabilities of trustees? Describe their duties and liabilities.
5. "He who seeks equity must do equity". Explain.
6. "A trust may be created for any lawful purpose." State with reasons in brief whether this
statement is true or false.
7. When do trusts arise? Explain your logic with example. How to remove a Trustee?
8. Mamun Safat have made a deed agreement. Under this agreement, Mamun has agreed to pay
BDT 2 Lac to Safat which is due to him within November 30, 2018, but he did not pay it yet. The
deed was signed by both and two witnesses but there was no authentication from a legal
practitioner. Now what would be the legal value of this deed of agreement and if Mamun wants
to file a suit to recover his money and what procedure should he follow?
9. Explain different types of Writs including Habeas corpus
10. Differentiate lease and license.
11. When a society is no longer operating? Explain the enforcement of judgment against societies.
12. Explain the Doctrine of Justice, Equity and good conscience.
13. State the main provisions for governing the transaction of a gift. Who can make a gift? What are
the salient features of gift?
14. State the main provisions for governing the transaction of a gift. Who can make a gift? What are
the salient features of gift?
15. What is an award? Under what circumstances a award may be set aside?
16. Define "Equality" and Equity" and State briefly the distribution between equality and equity.
17. Write down your opinion regarding doctrine of justice, equity and good conscience.
18. Explain the Doctrine of Justice, Equity and Good Conscience.
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K. Law related to transfer of property

1. What do you mean by transfer of property? Which properties can be transferred and which
properties cannot be transferred?
2. What are the different methods for transfer of an immovable property?
3. What are the general principles of Transfer of Property?
4. Describe the properties which are transferable and non-transferable, under the Transfer of
Properties Act.
5. What is actionable claim? Discuss the concept of Instrument as per the Transfer of Property.
6. Write the general principles/essential features of Transfer of Property.
7. What is the rule against perpetuities?
8. Explain the meaning and essentials of a gift as per Transfer of Property Act. Can a gift be
suspended or revoked?
9. What properties can be transferred & cannot be transferred?

L. Law related to arbitration

1. What do you mean by the term "Alternative Dispute Resolution? Explain the effectiveness of the
alternative dispute resolution in Bangladesh.
2. What is Arbitration in the eye of Law? State the provisions implied in an arbitration agreement
without the intervention of the Court?
3. Under what circumstances the court can remove an arbitrator validly appointed by the parties?
State.
4. What do you understand by Arbitration? Why arbitration is preferred to a Civil Court rather than
Sessions Court? Explain the disqualifications of Arbitrators.
5. What the matters which cannot be referred to Arbitration?
6. Define Arbitration. Why arbitration is preferred to a civil suit?
7. How arbitrators are appointed under the Arbitration Act 2001?

M. Write short notes on any four of the following:

1. Coercion;
2. Sources of Law;
3. Material Alteration;
4. Agency by Ratification;
5. Void & invalid contract;
6. Alternative Dispute Resolution.
7. Fraud and Misrepresentation;
8. Condition and Warranty:
9. Caveat Emptor;
10. Quasi Contract;
11. Power of Attorney,
12. Actionable claim.
13. Trust Deed;
14. Rule of Law;
15. Quasi Contract;
16. Habeas Corpus;
17. Actionable Claim;
18. Partnership at will
19. Freedom of Trade;
20. Power of Attorney;
21. Doctrine of Quantum Meruit;
22. Illegal Contract and Immoral Contract;
23. Writ of Certiorari and Writ of Prohibition.
24. Void and Invalid Contract.
25. Mercantile Agent - Definition, Characteristics and Importance;
 General and Commercial Law (Executive Level-I)

26. Auctioneer - Definition, Duties of the Auctioneer;

27. Transfer of Property Act 1882- The statute, Importance;
28. Functions of Election Commission - Brief description of key functions;
29. Tribunal - Definition, Brief description of different tribunals.
30. Mortgage;
31. Indemnity;
32. Guarantee;
33. Supervening Impossibility.
34. Bailment and Pledge;
35. Justice and Equity;
36. Dissolution of Firms;
37. Consequences of Non-Stamping,
38. Doctrine of Frustration;
39. Good Conscience.
40. Fundamental rights and Fundamental Principles of state policy.
41. Bill of Exchange and Cheque.
42. Hire Purchase and Installment Sale.
43. Mistake and Fraud.
44. Pay Order and Demand Draft.
45. Pawnee;
46. Sound mind;
47. Caveat Emptor,
48. Promissory Note;
49. Power of Attorney.
50. Lease & Mortgage.
51. Pledge & Bailment.
52. Condition & Warranty.
53. Cheque & Promissory Note.
54. Doctrine of Supervening Impossibility.
55. Illegal Contract & Immoral Contract.
56. Affidavit;
57. Ultra Vires;
58. Quasi Contract;
59. Doctrine of Caveat Emptor.