Question 5 (a)

Documents and transactions to which the IT Act does not apply

5 marks

Time to write
About 10 minutes

From an older CBCS paper

Question

Question 5 (a) · 5 marks

To which contracts is the Information and Technology Act not applicable. Enumerate.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

10 minfor 5 marks

Read from the question

  • EnumerateHeaded points, one or two lines of explanation each.

What the paper leaves open

This older-course question examines the Information Technology Act, 2000, which the current UGCF Business Laws syllabus does not name; it is answered as printed.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Section 1(4) and the power to amend 1 mark 2 min
  3. 2 The five entries of the First Schedule 4 marks 6 min
  4. Check: every ask answered, key terms underlined 1 min

Try it first. About 10 minutes for 5 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Provision. Section 1(4) of the Information Technology Act, 2000 provides that nothing in the Act shall apply to the documents or transactions specified in the First Schedule; “the Central Government may, by notification in the Official Gazette, amend the First Schedule by” adding or deleting entries.

The First Schedule lists the documents and transactions to which the Act shall not apply: “1. a negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instruments Act, 1881”; “2. a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882”;

  1. a trust within the meaning of section 3 of the Indian Trusts Act, 1882;
  2. a will within section 2(h) of the Indian Succession Act, 1925, and any other testamentary disposition, whatever it is called; and “5. any contract for the sale or conveyance of immovable property or any interest in such property” (First Schedule, entry 5, read with s. 1(4)).

Conclusion. Contracts for the sale or conveyance of immovable property, and the other instruments in the First Schedule, cannot be made effective in electronic form under the Act; for all other contracts the Act's recognition of electronic records and signatures applies.

Where the 5 marks sit

#ComponentMarks
1Section 1(4) and the power to amend1
2The five entries of the First Schedule4
Total5
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