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    Business law june 2019 solved assignment help

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    1. List out the exemptions under which information can be denied under the Right to Information Act, 2005.

    Answer: Right to information is a part of fundamental rights of an Indian citizen underArticle 19 (1) of the Constitution. Article 19 (1) states that every citizen hasfreedom of speech and expression. Until 1976, the Supreme Court ruledthat people cannot express themselves unless they know. India is ademocratic country where people are the masters and have the right toknow the method of functioning of the Government of India, which is meantto serve them.In the Indian democratic system, the right to information for every citizen is arevolutionary step. Officials, in the name of administrative secrecy, hesitatedto disclose information and kept the general public in darkness aboutimportant decisions of the Government and other administrative bodies. Thishas, in turn, led to the increase of corruption, under the cloak of secrecy.

    A citizen can ask government officials reasons for delay in government service requested for. For example, if you have applied for passport and it has not been delivered. Then one can apply RTI with the following questions:
    Please provide daily progress done on my passport application.
    Please provide names of officers with whom my application has been lying during this period.
    Please inform as per your citizen s charter in how many days I should have got my

    2. Explain two (2) instances in which the consumer courts in India have given directions/orders awarding reliefs in respect to defect of goods/deficiency of service.Each instance should in detail explain (i) facts of the case and (ii) what relief and damages the consumer courts has granted.

    Answer: The Consumer Protection Act, 1986 is the most important and comprehensive Act for the protection of consumer rights. It was amended in 1989 and since then has been amended five times to keep pace with the changing times and increased awareness about consumer rights.

    According to the Consumer protection act, 1986, following are the Rights of consumers
    Right to safety: The right to be protected against the marketing of goods and services that are hazardous to life and property.
    Right to be informed: The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, to protect the consumer against unfair trade practices.
    Right to choose: The right to be assured, wherever possible, access to a variety of goods and services at competitive prices. In case of monopolies, say, railways, telephones, etc., it means right to be assured of satisfactory quality and service at a fair price.
    Right to be heard: The consumers interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the

    3. Karan and Arjun had entered into a contract where Karan was to supply 50,000 phones to Arjun within 2 months from the date of signing of contract. Karan was to procure the phones from China and deliver the same to Arjun. The rate of the phone was Rs. 5000/- a piece (inclusive of all taxes and duties). At the time of the execution of the contract, the duty was at 5% (five percent). Immediately after the execution of the Agreement, India had increased the duties to 1000% (one thousand percent). Therefore, Karan was finding it difficult to sell the phones at the price agreed earlier. In the circumstances, kindly advice:
    a. How can Karan discharge such a contract?
    b. How can Arjun enforce such a contract?

    Answer: a) Discharge refers to the termination of contractual relationship between the parties. The contract ceases to operate, i.e., when the rights and obligations under the contract ends. According to Sections 73-75 of the Contracts Act, a contract may be discharged in several modes.

    Performance or tender
    The obvious mode of discharge of a contract is by performance, where the parties have done whatever was contemplated under the contract. Thus, where A contracts to sell his/her car to B for Rs. 1,85,000, as soon as the car is delivered to B and B pays the agreed price for it, the contract comesto an end by performance.

    Mutual consent
    Section 62 of the Act states that if the parties to a contract agree to substitute a new contract for the old or rescind or alter the terms, the original contract is discharged. A contract may be terminated by mutual consent in any of the six ways, viz., novation, rescission, alteration and remission, waiver and

     

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