All India Bar Examination - X
AIBE 10
March 2017
English - Set A
AIBE 10
March 2017
English - Set A
Note: Hover over these colored boxes for correct answers
1. Government employees may refer their unresolved grievances and disputes to
(a) International Labour Department (b) Bureau of Labour Relations
(c) Public Sector Labour-Management Council (d) Department of Labour
Correct option is
(b)
2. The objective of the EU directive on mediations is:o
(a) Reducing backlogs of cases in the member states
(b) Dividing cases between all dispute resolution methods
(c) Economic reasons in times of crisis, thus ensuring that all members will have proper income
(d) Ensuring better access to alternative dispute resolution in cross border commercial conflicts
Correct option is
(d)
3. Minimum number of members required to apply for incorporation certificate in a public limited company is:
(a) 7 (b) 3 (c) 2 (d) 50
Correct option is
(a)
4. When a bill is passed by the parliament and the President, what is the status of the same?
(a) Bill approved (b) Law (c) Bill excercised for administration (d) Government Procedure
Correct option is
(b)
5. 'A' resides at Shimla, 'B' resides at Kolkata and 'C' resides at Delhi. A, B & C being together at Banaras. B & C make a joint promissory note, payable on demand and delivered to A. A may sue B and C
(a) at Banaras where the cause of action arose (b) At Kolkata where B resides
(c) At Delhi where C resides (d) All of the above
Correct option is
(d)
6. A warrant of arrest may be extended
(a) To that place where the offender has committed the offence
(b) At any place within India
(c) To the place specified under the Criminal Procedure Code
(d) None of the above
Correct option is
(b)
7. The Chairperson of Cyber Appellate Tribunal is appointed by the
(a) Central Government in consultation with the Chief Justice of India
(b) State Government in consultation with the Chief Justice of the High Court
(c) Central Government
(d) Central Government in consultation with the Controller of Certifying Authority
Correct option is
(a)
8. Under Section 18 of the Indian Evidence Act, the admission of which of the following is not admissible against the other
(a) One of the plaintiff (b) One of the defendants
(c) Agents of the parties (d) Statement of the third party
Correct option is
(b)
9. Which of the following heirs is not the class 1 heir as per Hindu Succession Act, 1956
(a) Son (b) Widow (c) Father (d) Mother
Correct option is
(c)
10. There is either theft or extortion, it is:
(a) Robbery (b) Dacoity (c) Criminal breach of trust (d) Receiving stolen property
Correct option is
(a)
Dacoity is specific term used when 5 or more persons are involved in the offence
Dacoity is specific term used when 5 or more persons are involved in the offence
11. Who is an adolescent as per Factories Act 1948?
(a) Who has completed 17 years (b) Who is less than 17 years of age
(c) Who is more than 15 years and less than 18 years of age (d) None of these
Correct option is
(c)
12. Fulfilling the obligation under Article 300A, the Land acquisition Act is the law providing for
(a) Acquisition of land and taking over possession of land (b) Assessment of compensation (c) Payment of compensation (d) All of the above
Correct option is
(d)
13. Compliant means allegation in writing made by a complainant that
(a) an unfair trade practice or restrictive trade practices has been adapted by any traders for service provider
(b) the goods bought by him or agree to be bought by him suffer from one or more defect
(c) if traders or the service provider as the case may be has charged for the goods or for the services mentioned in the complaint a price in excess of the price
(d) all of the above
Correct option is
(d)
14. The Maxim “Audi alteram partem” denotes
(a) no one shall be judge of his own cause
(b) no one shall be condemned unheard
(c) rights are better than duties
(d) none of the above
Correct option is
(b)
15. In which case did the supreme court hold that “misconduct envisages breach of discipline
(a) PD Gupta versus Ram Murti (b) Navratanmal Chaurasiya versus MR Murali
(c) PJ Ratnam versus Kanikaram (d) none of the above
Correct option is
(b)
16. Which
(b) is not included within the meaning of artistic work under copyright act
(a) Dr
(c)awing (b) work o
(d)f architecture (c) work of customer craftsmanship (d) work of carpenter
Correct option is
(d)
17. In case of a cooperative society the maximum amount on which income tax is not chargeable
(a) 50,000 (b) 30,000 (c) 20,000 (d) Nil
Correct option is
(d)
18. ‘A’ sells a field to B. There is a right of way over the field of which a has direct personal knowledge but which he conceals from B
(a) B Has the right to rescind the contract
(b) B cannot rescind the contract
(c) A has the right to rescind the contract
(d) A is not legally liable
Correct option is
(a)
19. According to Republic Act 6770 which of the power is not provided to office of Ombudsman
(a) prosecutory power
(b) function to adopt Institute and implement preventive measures
(c) public assistant functions
(d) none of the above
Correct option is
(b)
20. In most EU member countries which of the following is the most visible form of ADR?
(a) mediation (b) Arbitration (c) litigation (d) conciliation
Correct option is
(b)
21. ‘A’ does not fall under the clause of memorandum of association. ‘A’ here is
(a) Subscription (b) Director (c) Capital (d) Situation
Correct option is
(b)
22. Minto Morley reforms is associated with which act?
(a) Indian Council act 1912 (b) Indian Council Act 1956 (c) Indian Council act 1908 (d) Indian Council act 1909
Correct option is
(d)
23. In a written statement the defendant can claim
(a) set off (b) counter plaint (c) both a and b (d) none of the above
Correct option is
(c)
24. Which of the following section deals with search warrant
(a) 93 (b) 94 (c) 95 (d) 96
Correct option is
(a)
25. Which is the leading case in environment
(a) MC Mehta vs Union of India
(b) Union of India vs HS Dhillon
(c) Maneka Gandhi VS Union of India
(d) none of the above
Correct option is
(a)
26. Which of the following statement is correct
(a) a confession made by an accused to the police officer is relevant
(b) a confession made by an accused in police custody to a magistrate is not relevant
(c) a confession made by an accused in the police custody and Discovery made from the information received from confession both confession and Discovery are relevant
(d) none of the above is correct
Correct option is
(d)
27. Pre-emption on the ground of Shafie-i-Jar was declared unconstitutional in
(a) Bhau Ram versus Baiji Nath (b) Govind Dayal versus Inayathullah
(c) Bhagwan Das versus Chetram (d) Ram Saran Lall versus Mst. Domini Kuer
Correct option is
(a)
28. This section was enacted to meet the cases of dowry death. It is
(a) Section 366A of IPC (b) Section 477A of IPC (c) section 498A of IPC (d) section 489A of IPC
Correct option is
(c)
29. Who is responsible for payment to a person employed by him in a factory under the Payment of Wages Act, 1936
(a) Accounts manager (b) HR manager (c) Floor manager (d) Owner
Correct option is
(d)
30.Which one of the following is known as consumer dispute redressal agency?
(a) district forum
(b) state Commission
(c) National Commission
(d) all of the above
Correct option is
(d)
31. PIL is criticised on the ground of
(a) private motive
(b) political ends
(c) tremendous increase in litigation
(d) all of the above
Correct option is
(d)
32. Vikramaditya versus Shrimati Jamila Khatoon is an important case relating to professional misconduct due to which factor
(a) advocate attending the court with firearms
(b) not appearing before the court deliberately and intentionally
(c) suppression of material facts which with intention to harass poor persons
(d) defrauding the client by exploiting the client's illiteracy
Correct option is
(d)
33. an appeal to the High Court against the order of ITAT should be filed within
(a) 45 days when the order is communicated
(b) 60 days when the order is communicated
(c) 90 days when the order is communicated
(d) 120 days when the order is communicated
Correct option is
(b)
34.A contract can be specifically enforced
(a) where compensation is adequate relief for the non performance of the contract
(b) where the contract by nature is determinable
(c) where it involves the performance of continuous duty which the court cannot supervise
(d) none of the above
?
Correct option is
(d)
35. In the Government of India Act 1935 which subjects are included in the concurrent list?
(a) Marriage (b) divorce and arbitration (c) criminal law and procedure (d) all of the above
Correct option is
(d)
36. In which of the following cases a set off can be claimed?
(a) A owes the partnership firm of A, B and C Rs. 1000. B dies leaving C surviving. A sues C for a debt of Rs 1500 due in his separate character. C wants to set off the debt of Rs. 1000.
(b) A sues B for Rs. 20,000. B wants to set off the claim for damages for breach of contract for specific performance
(c) Both a and b
(d) None of the above
Correct option is
(a)
37. Which case is leading case on arrest
(a) Joginder Kumar vs State of UP (b) State of West Bengal vs DK Basu (c) both a and b (d) none of the above
Correct option is
(b)
38. what is the maximum number of witness which can be produced in a case
(a) 5 (b) 10 (c) 15 (d) No limit
Correct option is
(d)
39. natural guardian of an adopted son under the Hindu Minority and Guardianship Act 1956 is
(a) original father
(b) in the absence of (a) original mother
(c) Adoptive father
(d) None of the above
Correct option is
(c)
40. The rule is that panel statutes must be constructed
(a) Liberally (b)Strictly (c)Golden rule (d)Mischievous
Correct option is
(b)
41. to close down a factory the occupier has to give how many days notice to the authorities
(a) 30 days (b) 60 days (c) 90 days (d) 14 days
Correct option is
(b)
42. Where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the sample of goods forwarded to appropriate laboratory for test. Such types of case finding report within —--- days.
(a) 30 days (b) 40 days (c) 45 days (d) 60 days
Correct option is
(c)
43. when can the supreme court refused to grant remedy under article 32
(a) Delay (b) malicious petition (c) Infructuous petition (d) all of the above
Correct option is
(d)
44. Which condition is not required to be satisfied by an invention to be patentable subject matter under Patent Act
(a) Novelty (b) inventive steps (c) Distinctiveness (d) Usefulness
Correct option is
(c)
45. A contract of indemnity under the Indian Contract Act 1872 has been defined in section
(a) 124 (b) 123 (c) 125 (d) 126(a)
Correct option is
(a)
46. it refers to an authority derived from official character nearly not expressly conferred upon the individual character but rather annexed to official position
(a) Designation (b) EX officio (c) Appointment (d) ad interim
Correct option is
(b)
47. Filing with the court to object owns or another's imprisonment is called?
(a) writ of quo warranto
(b) Habeas Corpus
(c) writ of prohibition
(d) none of the above
Correct option is
(b)
48. Under O.33, An indigent is allowed to prosecute any suit provided he satisfied certain conditions. Which of the following is not such a condition?
(a) he is not posessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
(b) he is not entitled to Property worth rupees 1000
(c) he has no sufficient means for his livelihood
(d) he may present the application for permission to sue as an indigent either himself or through an authorised agent
Correct option is
(b)
49. the concept of plea bargaining is not applicable to the offence committed against
(a) A women
(b) A child
(c) both a and b
(d) none of the above
Correct option is
(c)
50. Indian Computer Emergency Response Team to serve as national agency for incident response is constituted under section
(a) 71 of IT Act
(b) 70 of IT Act
(c) 70(a) of IT Act
(d) 70(b) of IT Act
Correct option is
(d)
51. The Environment (Protection) Act, 1986, Came into force on
(a) 18th November 1986
(b) 19th November 1986
(c) 20th November 1986
(d) 21st November 1986
Correct option is
(b)
52. Which section of Indian Evidence Act is based on English doctrine of Res Gestae
(a) 5 (b) 6 (c) 7 (d) 8
Correct option is
(b)
Note:
Res Gestae is an exception to hearsay rule of evidence that hearsay evidence is not admissible. It is a spontaneous declaration made by a person immediately after an event and before the mind has an opportunity to cook up a false story.
53. In respect of family relations the law applicable in Iindia is
(a) Secular law in India
(b) Satutory law
(c) Religious law
(d) Personal Law of the parties
Correct option is
(d)
54. Which writ is issued by the court to quash the wrongful order of a lower court
(a) Mandamus
(b) Quo warranto
(c) Prohibition
(d) Certiorari
Correct option is
(d)
55. Liability of drawer to compensate the drawee in case of dishonor is primarily provided under
(a) Section 29(a)
(b) Section 29
(c) Section 30
(d) Section 31
Correct option is
(c)
56. Part III of Arbitration and Conciliation Act 1996 formalizes
(a) Process of conciliation
(b) process of arbitration
(c) enforcement of foreign award under New York and Geneva convention
(d) all of the above
Correct option is
(a)
57. Under which Supreme Court judgement, action of President to summon, prorogue and dissolve either of the houses of the Parliament, shall be unconstitutional if acted without advice of Council of Ministers
(a) Indira Gandhi VS Raj Narain AIR 1975 SC 2299
(b) Anandan vs chief secretary AIR 1966 SC 657
(c) Rao vs Indira Gandhi AIR 1971 SC 1002
(d) None of the above
Correct option is
(c)
58. A decree can be transferred for execution to another court
(a) If the judgement debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such Court
(b) if the judgement debtor has property is sufficient to satisfy the decree within the limits of the court
(c) if the degree directs the state for delivery of immovable property situated outside the local limits of jurisdiction of the court which passes it
(d) all of the above
Correct option is
(d)
59. Under which section of CrPC the Assistant Public Prosecutor is appointed
(a) 13 (b) 20 (c) 24 (d) 25
Correct option is
(d)
60. In relation to relevancy of character in civil cases which of the following is not correct
(a) it is not at all relevant
(b) it is relevant when it affects award of damage
(c) when character is itself an issue
(d) when it appears from the fact otherwise relevant
Correct option is
(a)
61. what should be the difference of age under the Hindu Adoption and Maintenance Act 1956, if a female adopts male
(a) 21 years
(b) 25 years
(c) 18 years
(d) 16 years
Correct option is
(a)
62. The various words to denote Mens Rea under the IPC and are defined in the court itself are
(a) Voluntary, dishonestly, fraudulently and reason to believe
(b) Corruptly and want only
(c) Malignantly and maliciously
(d) Rashly and negligently
Correct option is
(a)
63. The term Sabbatical is connected with
(a) paid leave for study
(b) paternity leave
(c) maternity leave
(d) Quarantine leave
Correct option is
(a)
64. Motor vehicle act 1939 came into force in
(a) 1939
(b) 1940
(c) 1941
(d) 1942
Correct option is
(b)
65. Which of the following case is leading case in terms of delivery delay in filing of the suit resulting in huge loss to the complainant
(a) Prof. Krishanraj Goswami vs Vishwanath D. Mukashikar
(b) Pratap Narayan vs YP Raheja
(c) Babulal Jain vs. Subhash Jain
(d) John D’souza vs Edward Ani
Correct option is
(a)
66. The parties which cannot be compelled to perform specific performance of contract are provided in which section of Specific Relief Act
(a) 27 (b) 28 (c) 29 (d) 30
Correct option is
(b)
67. What is the special constitutional position of Jammu and Kashmir
(a) it is above Indian Constitution
(b) Indian laws are not applicable
(c) it has its own constitution
(d) it is not of the integral part of Indian Union
Correct option is
(c)
Note:
Article 370 which gave special status to the Sate of Jammu & Kashmir was repealed on 06 Aug 2019. The Jammu and Kashmir (Reorganisation) Act, 2019 has reorganised the state to two union teritorries, Jammu & Kashmir and Ladakh
68. A person cannot be a next friend, a Guardian of a person if
(a) he is minor
(b) he is an opposite party in the suite
(c) he has not given consent in writing
(d) all of the above
Correct option is
(d)
69. In which section of Hindu Succession Act, 1956 the law of Mitakshara has been incorporated
(a) Section 8
(b) section 7
(c) section 9
(d) section 6
Correct option is
(d)
70. The chief element necessary to constitute a crime are
(a) a human being
(b) an evil intent
(c) injury to another human being or society
(d) all of the above
Correct option is
(d)
71. “Dealer” Includes a person who is engaged
(a) in building bodies for attachment to chassis; or
(b) in the repair of motor vehicles; or
(c) in the business of hypothecation, leasing or hire purchase of motor vehicles
(d) all of the above
Correct option is
(d)
72. Under Section 25 of the Land Acquisition Act, the amount of compensation awarded by the court
(a) Shall not be less than the amount awarded by the collector under section 2
(b) Shall not be equal to the amount awarded by the collector under section 2
(c) Shall not be more than the amount awarded by the collector under section 2
(d) All of the above
Correct option is
(a)
73. The undertaking contained in a promissory note to pay a certain sum of money is
(a) Conditional
(b) Unconditional
(c) may be conditional or unconditional depending upon the circumstances
(d) all of the above
Correct option is
(b)
74. Recently in which case the Kerala High Court held that a University Grant Commission creation criteria which allowed certain relaxation in marks to reserved categories as violation of Article 16(1) of the Constitution
(a) Nair service society vs UGC; WP(C) no 5190 of 2016 (W)
(b) CBSE vs UGC; WPC no 5190 of 2016(W)
(c) UGC vs State of Kerala; WP(C) no 5190 of 2016 (W)
(d) UGC vs secretary of state; WP(C) no 5190 of 2016 (W)
Correct option is
(a)
75. In which of the following cases it was held that unless a right of appeal is clearly given by the statute it does not exist
(a) M/s Ram Narayan Pvt Ltd vs Trading Corporation ltd AIR 1983 SC 786
(b) Raja Himanshu Dhar Singh vs Registrar AIR 1962 ALL 439
(c) Zair Hussain Khan Vs Khurshed Jain 1906 ILR 28 ALL 545
(d) Shrimati Gangabai vs Vijay Kumar AIR 1974 SC 1126
Correct option is
(c)
76. Which of the following sections deals with the provisions relating to maximum period for which an under trial prisoners can be detained
(a) 436
(b) 436-a
(c) 437-a
(d) 437
Correct option is
(b)
77. To make the criminal harmless by suit supplying him those things which he legs and to cure him of those drawbacks which made him to commit crime is known as
(a) Expiatory or penance theory of punishment
(b) deterrent theory or preventive theory of punishment
(c) reformative or rehabilitative or corrective theory of punishment
(d) retributive theory of punishment
Correct option is
(c)
78. Pakala Narayana Swami vs Emperor is a leading case on
(a) Dying declaration
(b) Confession
(c) Accomplice
(d) Expert witness
Correct option is
(a)
79. Who are the partners in a bill of exchange
(a) drawer and drawee
(b) Payee
(c) both a and b
(d) none of the above
Correct option is
(c)
80. Income which accrue or arise outside India but are directly received into India are taxable in case of
(a) residents only
(b) both ordinary resident and non resident
(c) non resident
(d) all the accessories
Correct option is
(d)
81. A, a surgeon knowing that a particular operation is likely to cause the death of Z who suffers under a painful complaint but not intending to cause that's death and intending in good faith Z's benefit from that operation on Z with Z's constant. A has committed no offence. It is contained in
(a) Section 88 of the IPC
(b) section 89 of the IPC
(c) section 90 of the IPC
(d) section 87 of the IPC
Correct option is
(a)
82. A Hindu's widow. if there are more than one, shall take
(a) One Share each
(b) One share for all the widows
(c) One share each to the maximum of two shares, if there are more than two widow
(d) None of the above
Correct option is
(b)
83. Section 112 of Indian Evidence Act provides that a child would be treated as legitimate if after dissolution of marriage he/she has been born within
(a) 180 days
(b) 270 days
(c) 280 days
(d) 300 days
Correct option is
(c)
84. Which of the following sections enables the court to cancel the bond and bail bond
(a) 446 a
(b) 446
(c) 448
(d) 450
Correct option is
(a)
85. A reference can be made during the pendency
(a) the subordinate Court refers the case to the high court for letters opinion on a question of law
(b) the subordinate Court refers the case to the high court for the letters opinion on a question of evidence
(c) the subordinate Court refers the case to the high court for letters opinion on a question of fact
(d) the subordinate Court refers the case to the high court for the latest opinion on it question up Court procedure
Correct option is
(a)
86. The right of equality before the law under Article 14 is subject to the restriction of
(a) public order and morality
(b) reasonable classification
(c) reasonable restriction
(d) reasonable situation
Correct option is
(b)
87. the distinction between section 299 and 300 was made clear by Melville J. in
(a) Reg Vs Guruchand Gope
(b) Reg Vs Govinda
(c) Res Vs Hayward
(d) Govind Vs Reg
Correct option is
(b)
88. Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India under Section 36 or 37 of the Advocates Act may prefer an appeal to the
(a) High Court
(b) Supreme court
(c) State government
(d) Central government
Correct option is
(b)
89. A perpetual injunction can only be granted by the decree at the hearing and upon the
(a) Demand of the party
(b) Discretion of the court
(c) Merit of the suit
(d) None of the above
Correct option is
(c)
90. The provision relatring to Abolition of Untouchability is given in
(a) Article 23
(b) Article 24
(c) Article 17
(d) Article 15
Correct option is
(c)
91. Under section 115, in the exercise of its revisional jurisdiction, a High Court can do which of the following things
(a) To call for the record of any case which has been decided by any Court subordinate to the High Court
(b) To vary/reverse any decree or order against which an appeal lies to the High Court
(c) both a and b
(d) None of the above
Correct option is
(a)
92. In joint trial, the evidentiary value of confession of a co-accused affecting himself and others has been discussed by the Supreme Court in
(a) Kashmira Singh vs State of MP
(b) state of UP vs deoman Upadhyay
(c) Ram Bharose vs State of UP
(d) Rameshwar vs State of Rajasthan
Correct option is
(a)
93. maintenance application under section 18(2) of Hama is filed in
(a) Matrimonial Court
(b) District Court
(c) High Court
(d) any of the above
Correct option is
(b)
94. which of the following belongs to the category of direct tax
(a) goods and services tax
(b) excise duty and custom duty
(c) income tax and gift tax
(d) all of the above
Correct option is
(c)
95. the theoretical powers to amend the constitution has been given to the members of parliament and state legislature by
(a) Article 358
(b) Article 368
(c) Article 378
(d) no such powers
Correct option is
(b)
96. Under section 114, a person can apply for review of judgement when
(a) he is aggrieved by a decree /order from which an appeal is allowed but no appeal is allowed
(b) he is aggrieved by decree/ order from which no appeal is allowed
(c) he is aggrieved by a decision on a reference from a court of small causes
(d) all of the above
Correct option is
(d)
97.In which of the following cases the Supreme Court of India opined the point that "bail is the surety and jail is an exception"
(a) Joginder Kumar vs State of UP
(b) Motiram vs State of MP
(c) Maneka Gandhi VS Union of India
(d) state of West Bengal vs DK Basu
Correct option is
(b)
98. the provision relating to compoundable offence is provided under section
(a) 319
(b) 320
(c) 265 D
(d) 321
Correct option is
(b)
99. under which section of CPC, option for settlement of dispute is provided outside the court
(a) 80(1)
(b) 89(2)
(c) 89(1)
(d) 80(2)
Correct option is
(c)
100. Where a magistrate of the first class passes only a sentence of fine not exceeding rupees hundred against the order where an appeal shall lie
(a) in the court of chief judicial magistrate
(b) in the court of chief metropolitan magistrate
(c) both a and b
(d) none of the above
Correct option is
(d)
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