Business Law April 2026

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Business Law

Apr 2026 Examination

 

 

Q1. Garvit has entered into a contract for receiving supplies of 1 ton cement per month for 1 year from his supplier. The duration of the contract was 1st November 2025 to 31st October 2026. The vendor started supplying, however from 1st January 2026 the supplies were irregular and there are no supplies from 1st March 2026. Now Garvit wants to sue the vendor for the breach of this contract. Please suggest him the remedies available under Contract Act 1872 to remedy the breach arising under such contract. (10 Marks)

Ans 1.

Introduction

A long-term supply contract creates continuing obligations and mutual commercial dependence between the parties. In Garvit’s case, the agreement for monthly supply of one ton of cement for one year established a clear performance schedule and an expectation of regular delivery. While the supplier initially complied, the pattern of irregular supply from January 2026 and complete stoppage from March 2026 represents a serious contractual failure. Such conduct directly affects Garvit’s business planning, costs, and operational stability. The Indian Contract Act, 1872 provides several remedies to protect an aggrieved party in such circumstances. These remedies are designed to restore financial balance, enforce accountability, and ensure

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Q2. A five-partner trading partnership confronts a crisis: a founding partner with managerial control has died unexpectedly. The partnership deed contains only minimal clauses about retirement and dissolution but no clear buy-out formula, valuation method, or dispute resolution. Some partners want dissolution and distribution; others prefer reconstitution to preserve the business. A few junior managers favour converting the business to a private limited company to attract capital and protect managers from unlimited liability. Major institutional creditors demand clarity on repayment and have indicated they might accelerate claims if the firm’s constitution changes without formal agreements. Evaluate the legal and commercial consequences of a senior partner’s sudden death versus negotiated retirement, and recommend whether the firm should dissolve, be reconstituted, or convert into a company. Justify your recommendation by weighing continuity, creditor rights, partnership deed provisions, tax and governance impacts, and recommended contractual provisions to implement the chosen route. (10 Marks)

Ans 2.

Introduction

A partnership firm is built on mutual trust, shared responsibility, and clearly defined contractual arrangements. When a founding partner with managerial control dies suddenly, the stability of the business is immediately threatened. In the present case, the absence of clear clauses in the partnership deed regarding buy-out, valuation, and dispute resolution has intensified uncertainty

 

Q3 (A) With the rise of e-commerce, consumers increasingly rely on e-commerce platforms. However, issues such as counterfeit goods and deceptive pricing have become prevalent where such practices are rampantly occuring on these platforms and the consumers are at a receiving end. The Consumer Protection Act, 2019 and E- Commerce Rules, 2020 were introduced to safeguard consumer interests. Various practices such as:

  1. a) Products received by consumers were counterfeit or of inferior quality.
  2. b) Platforms advertised “up to 70% discount”, but actual pricing was inflated before applying discounts, misleading consumers.

We need your help in understanding that under Consumer Protection Act 2019 and the E-Commerce Rules, 2020 that whether e-commerce platforms can be held liable for counterfeit goods sold by third-party sellers and whether misleading discount practices constitute “unfair trade practices”. (5 Marks)

Ans 3a.

Introduction

The rapid growth of e-commerce has transformed the way consumers shop, offering convenience and wide product choices. However, it has also increased risks such as counterfeit goods and misleading pricing practices. To address these concerns, the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020 were introduced to strengthen consumer rights and impose accountability on online marketplaces. These laws aim to ensure transparency, fairness, and

 

Q3(B) A longstanding family enterprise operated as a Hindu Undivided Family (HUF) now seeks to incorporate as a private limited company to access structured financing, limit member liability, and enable professional management. The Karta currently manages day-to-day operations; multiple family members (including females) have varying entitlement expectations. The family wants to protect intra-family economic rights, maintain control, ensure smooth succession, and comply with company law requirements for MOA/AOA, while avoiding actions that might invite courts to lift the corporate veil or trigger adverse tax outcomes. Formulate an incorporation strategy and create the essential provisions for a Memorandum of Association and Articles of Association that transform a Hindu Undivided Family (HUF) business into a private company while preserving family economic interests, defining governance roles (including the Karta), share allocation, mechanisms for perpetual succession, tax and regulatory considerations, and safeguards to prevent piercing of the corporate veil? (5 Marks)

Ans 3b.

Introduction

Many traditional family businesses operating as Hindu Undivided Families seek corporate conversion to improve governance, attract external funding, and limit personal liability. Incorporating such enterprises into private limited companies requires careful legal planning to preserve family control while complying with company law requirements. The transition must balance