AIBE 14 - 2019 - Set A - Previous year solved question paper

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All India Bar Examination
AIBE - 14 - Sep 2019

Note: Hover over these colored boxes for correct answers

1. Which one of the following sentences is correctly mentioned?
(a) In India, consideration must follow from promisee only.
(b) In India, consideration must follow from only promisor or only promisee.
(c) In India, consideration must follow from promisor or any other promisee.
(d) In India, consideration must follow from promissor or any other person.
Correct option is (D)

2. Assertion (A): Collateral transactions to wagering are valid. Reason (R): only wagering agreements are declared void under section 30 of the Indian contract Act 1872:
(a) A is true but R is false
(b) A is false but R is true
(c) Both A and R are true but R is not correct explanation of A
(d) Both A and R are true and R is correct explanation of A
Correct option is (D)

3. Term ‘holder’ include
(a) the payee
(b) the bearer
(c) the endorsed
(d) all of the abobe
Correct option is (D)

4. Under The dissolution of Muslim Marriage Act 1939 a Muslim wife can seek dissolution of marriage if the husband fails to perform marital obligations for
(a) 2 years
(b) 3 years
(c) 4 years
(d) 5 years
Correct option is (B)

5. The concept of curative petition was introduced by the Supreme Court of India in the case of
(a) Rupa Ashok Hura vs Ashok Hura AIR 2002 1771
(b) MC Mehta vs Union of India 1987 SC 1087
(c) Krishna Swamy vs Union of India 1992 45 CC 605
(d) Sheela Barse versus Union of India 1986 35cc 5962
Correct option is (A)

6. Right to fair Legal Aid was recognised as a fundamental right under act 21 of Indian constitution in the case of
(a) hussainara Khatoon vs State of Bihar 1979 1360
(b) MH Hoscort versus state of Maharashtra 1978 SC 1548
(c) Madhu Mehta vs Union of India 19894 4 SC 1548
(d) Rudal Shah versus state of Bihar 1983 45 SC 14
Correct option is (B)

7. The case of Muhammad Ullah Khan versus Mohammed Ismail Khan is related for
(a) pre-emption
(b) gift
(c) Mahr
(d) acknowledgement of paternity
Correct option is (D)

8. in which of the following cases the Supreme Court was in 2017 declared pronouncement of Talaq 3 times at a time by a Muslim husband is as unconstitutional?
(a) Shayara Bano vs Union of India
(b) Shassnim Ara vs state of UP
(c) Baltahira vs Ali Hasan
(d) Daniel Latif vs Union of India
Correct option is (A)

9. National profit of property means
(a) those profits by which the person in wrongful position of such property actually received or might have received their from together with interest on such profits
(b) the pockets due to improvements made by person in wrongful posession
(c) both a and b
(d) None of the above
Correct option is (A)

10. which of the following is not a legal representative?
(a) executive and administrators
(b) Hindu coparceners
(c) creditor
(d) intermeddler
Correct option is (C)

11. Public Interest Litigation is relaxation of which of the following requirements?
(a) jurisdiction
(b) locus standi
(c) both a and b
(d) e none of the above
Correct option is (B)

12. which of the following is not a case of public interest litigation
(a) kesavananda Bharati vs State of Kerala 1973 SC 1461
(b) Vincent Narayan vs Union of India 1988 SC 889
(c) Union of India versus association for democratic reforms 2002 SC 2112
(d) Vincent Panikurlangara vs Union of India Air 1987 SC 990
Correct option is (A)

13. Which of the following can be done by a senior advocate in accordance with the rules of Bar Council of India
(a) make concession on behalf of client on instructions from junior advocate
(b) accept instructions to draught a pleading
(c) accept brief directly from a client
(d) none of the above
Correct option is (A)

14. which one of the following is true about Latin Maxim ‘Uni jus ibi remedium’?
(a) where there is a right there is a remedy
(b) where there is a remedy there is a right
(c) both a and b
(d) none of the above
Correct option is (A)

15. The Latin word injuria sine damnum literally means
(a) Infringement of legal right without damages
(b) damages without infringement of legal right
(c) both a and b
(d) all of the above
Correct option is (A)

16. The provisions relating to claims Tribunal is given under________ motor vehicles act
(a) Section 165 - 175
(b) section 175 - 180
(c) section 170 - 175
(d) section 171 - 177
Correct option is (A)

17. Rule of law means
(a) equality before the law
(b) Supremacy of the law
(c) predominance of legal spirit
(d) all of the above
Correct option is (D)

18. The purpose of writ of quo warranto is
(a) to compel public authority to perform duty
(b) to restrict public authority to do illegal act
(c) to oust illegal occupant of a public post
(d) all of the above
Correct option is (C)

19. Writ of certiorari can be issued against
(a) Judicial and Quasi judicial bodies
(b) Quasi judicial and administrative bodies
(c) Administrative bodies only
(d) None of the above
Correct option is (A)

20. Supreme Court of India held that it is permanent obligation of every member of medical profession either government or private to give medical aid to every injured person brought for treatment immediately without waiting for procedural formalities in the case of
(a) common cause vs Union of India 1996 s ec 753
(b) People's Union of India 1983 sc 339
(c) Parmanand Katara versus Union of India Air 1999 SC 2039
(d) Laxmikant Pandey vs Union of India 1984 25 SC 244
Correct option is (C)

21. The Supreme Court of India has issued the direction to make the CBI independent agency so that it can function more effectively and investigate crimes and corruption at high places in public life in the case of
(a) Union of India versus association for democratic reforms air 2002 SC 2112
(b) Bangalore Medical Trust vs BS mudappa 1991 45 sc 54
(c) Vincent Panikuriangra vs Union of India 1987 2 sc 165
(d) Vincent Narayan versus Union of India A I R 1998 sc 889
Correct option is (D)

22. One of the following statement is not true, which one is that
(a) a confession by one co accused implicating other co accused would be proved
(b) a confession to a police officer cannot be proved
(c) a confession by a person in the custody of a Police Officer to any person in the presence of magistrate can be proved
(d) if the confession of a person leads to recovery of a thing it can be proved
Correct option is (A)

23. The Kashmira Singh vs State of MP is a leading case on
(a) dying declaration
(b) admission
(c) confession to police officer
(d) confession of a co-accused
Correct option is (D)

24. which of the following fact is not relevant in Civil and criminal cases Under Section 8 of the Indian Evidence Act
(a) motive
(b) attempt
(c) conduct
(d) preparation
Correct option is (B)

25. BATNA stands for
(a) Bilateral agreement to negotiation and arbitration
(b) best alternative to a negotiated agreement
(c) bilateral trade negotiated agreement
(d) none of the above
Correct option is (B)

26. section 9 of the arbitration and conciliation act 1996 deals with
(a) interim measures by the court
(b) discretionary power of the court
(c) both a and b
(d) none of the above
Correct option is (A)

27. for the first time in India, income tax was introduced by sir James Wilson in the year
(a) 1886
(b) 1868
(c) 1860
(d) none of the above
Correct option is (C)

28. In which case justice JC Shah of SC observed ‘Since by the exercise of the power, a serious invasion is made upon the rights, privacy and freedom of the taxpayer, the power must be exercised strictly in accordance with the law and only for the purpose for which law authorises it to be exercised’
(a) director of inspection versus Pooranmal
(b) ITO vs Seth Brothers
(c) PR Metrani Vs CIT
(d) None of the adove
Correct option is (B)

29. Which of the following statements are true I. Minors contract can be ratified on attaining majority II. Minors contract be ratified on attaining majority III. Minors contract can be ratified jointly by both the parties to the contract. IV. Minor is not liable under minors contract
(a) (i) and (iiI)
(b) (ii) and (iv)
(c) (i) and (ii)
(d) (ii) and (iii)
Correct option is (B)

30. Which one of the following sections of CrPC deals with irregularities which vitiate proceeding?
(a) Section 460
(b) section 461
(c) section 462
(d) section 468
Correct option is (B)

31. Which of the following is not an essential element of a decree
(a) Conclusive determination of the rights of the parties
(b) Formal expression of adjudication
(c) An adjudication from which an appeal lies as an appeal from an order
(d) The adjudication must have been given in a suit before the court.
Correct option is (C)

32. Which of the following is not a duty of an Advocate to Court:
(a) To not commit breach of section 126 of Evidence Act.
(b) To not to appear on behalf of any organization of whose executive committee, he is a member.
(c) To not appear begore a court, tribunal or authority in which his near relation is a member.
(d) To conduct himself with dignity and self-respect during presentation of a case before a court and otherwise active before a court.
Correct option is (A)

33. Which of the following rules of Chapter II of Part VI of the Bar Council Rules deal with the duty of an Advocate in respect of any money received by him from client:
(a) Rule 25
(b) Rule 33
(c) Rule 24
(d) None of the above
Correct option is (A)

34. Under which of the following sections of CrPC provisions relating to police report is given?
(a) Section 173 (2) (i)
(b) Section 177
(c) Section 174 (2) (i)
(d) Section 175
Correct option is (A)

35. Which one of the following provisions of CrPC deals with anticipatory bail?
(a) Section 437
(b) Section 438
(c) Section 439
(d) None of the above
Correct option is (B)

36. The provisions relating to cancellation of bond and ball bond is given under:
(a) Section 446-A
(b) Section 446
(c) Section 447
(d) Section 450
Correct option is (A)

37. The provisions relating to dowry is given under:
(a) Section 304-B of the IPC
(b) Section 304-A of the IPC
(c) Section 304 of the IPC
(d) Section 305- of the IPC
Correct option is (A)

38. Which of the following section is designed to curb infanticide:
(a) Section 317 of the IPC
(b) Section 313 of the IPC
(c) Section 318 of the IPC
(d) Section 315 of the IPC
Correct option is (D)

39. Which order has been specially enacted to protect the interest of Minors and unsound Mind:
(a) Order 31
(b) Order 32
(c) Order 33
(d) Order 34
Correct option is (B)

40. Which order of the CPC lays down general rules governing pleadings in a court?
(a) Order 6
(b) Order 7
(c) Order 8
(d) Order 9
Correct option is (A)

41. Second appeal under section 100 is applicable
(a) Substantial question of law as formulated by the High Court
(b) substantial question of law as not formulated by the High Court
(c) and appellate decree passed ex-perte
(d) all of the above
Correct option is (A)

42. which of the following is an infringement of a registered trademark
(a) use of Mark identical to the Trademark in relation to goods without authorisation
(b) advertising of that Trademark such that the advertisement is against the reputation of The trademark
(c) use of that Trademark as a business name without authorisation
(d) all of the above
Correct option is (D)

43. A person undergoing life imprisonment, if attempt to commit murder and hurt is caused thereby, he may be punished with
(a) Life imprisonment
(b) Ddeath
(c) Imprisonment
(d) All of the above
Correct option is (D)

44. Residuary powers in India may be exercised by
(a) parliament
(b) state legislature
(c) president
(d) Both a and b
Correct option is (A)

45. The punishment to which offenders are liable under provision of IPC are
(a) Death and imprisonment for life
(b) Rigorous imprisonment and simple imprisonment
(c) Forfeiture of property and fine
(d) All of the above
Correct option is (D)

46. M’ Naghten Rules forms the basis of the law of
(a) infancy
(b) Insanity
(c) ignorance of fact
(d) mistake
Correct option is (B)

47. The authentication to be affected by the use of systematic cryptosystem and Hash Function is known as
(a) Public key
(b) Private key
(c) Digital signature
(d) Electronic governance
Correct option is (C)

48. Punishment for Cyber terrorism under section 66F shall be punishable:
(a) with imprisonment which may extend to three years or with fine not exceeding 2 lakh rupees or with both
(b) With imprisonment for a term which may extend to seven years and help also be liable to fine
(c) with imprisonment which may extend to imprisonment for life
(d) with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine
Correct option is (C)

49. section 2(j) of the industrial dispute act 1947 define "Industry" means any I. Business trade, undertaking II. Manufacture or calling of employers III. Included any calling, service, employment, handicraft IV. Industrial occupation of workmen
(a) (i) and (ii)
(b) (i), (ii) and (iii)
(c) (iii) and (iv)
(d) all of the above
Correct option is (D)

50. Which of the following provisions of the Hindu Marriage Act 1955 incorporate the fault theory of divorce
(a) Section 13(1)
(b) Section 11
(c) Section 13B
(d) Section 13(2)
Correct option is (A)

51. Under the Hindu Maintenance and Adoption Act 1956, which of the both following circumstances can a defendant enforce his right to maintenance against a transfer of an estate out of which he has a right to receive maintenance
(a) only when the transferee has notice of such right
(b) only when the transfer is is grlatuitous
(c) both a and b
(d) none of the above
Correct option is (C)

52. which of the following courts/tribunals cannot entertain a public interest litigation
(a) Supreme Court
(b) High Court
(c) Central Administrative Tribunal
(d) none of the above
Correct option is (C)

53. “A” places men with firearms at the outlet of a building and tells Z that they will fire at Z if Z attempts to leave the building. ‘A’ is
(a) Wrongfully restraints Z
(b) wrongfully confine Z
(c) both a and b
(d) none of the above
Correct option is (D)

54. ‘A ‘ Insights it off upon Z, without Z constant. if A intent to cause injury, fear or annoyance to Z
(a) A Uses force to Z
(b) A assaulted Z
(c) A uses criminal force to Z
(d) None of the above
Correct option is (C)

55. A causes cattle to enter upon the field belonging to Z, intending to cause and knowing that he is likely to cause damage to Zs crop. A has committ ed:
(a) Mischief
(b) Criminal trespassing
(c) Criminal breach of trust
(d) Extortion
Correct option is (A)

56. From which of the following countries, the constitution of India has borrowed the power of Judicial review
(a) Canada
(b) United Kingdom
(c) USA
(d) Ireland
Correct option is (C)

57. enforcement of which of the following articles of the Constitution of India cannot be suspended even during the proclamation of emergency
(a) 14 and 19
(b) 20 and 21
(c) 23 and 24
(d) 21 and 22
Correct option is (B)

58. which of the following provisions of the advocates Act 1961 provides for the power of Council of India to withdraw to itself any proceedings for disciplinary action pending Before any state bar council
(a) section 35
(b) section 37
(c) section 36(2)
(d) none of the above
Correct option is (C)

59. which court or authority has the power to punish any person for contempt of the National Company Law Tribunal
(a) Supreme Court
(b) High Court
(c) National Company Law appellate Tribunal
(d) National Company Law Tribunal
Correct option is (D)

60. which of the following is not a vested interest
(a) A Stipulates that title in a property shall pass to C on his death
(b) A Stipulates that title in a property shall pass to C on death of B
(c) A stipulates that title in a property shall pass to C if he marries B
(d) A stipulates that title in a property shall pass to C after 10 years
Correct option is (C)

61. Which of the following is wrong in respect of law of copyright
(a) Copyright rotates only the expression and Not idea
(b) there is no copyright in respect of a fact
(c) there is no copyright in a government work
(d) copyrights doesn't require registration
Correct option is (C)

62. under the Indian Evidence Act the character of a person is not relevant in which of the following cases
(a) previous good character of an accused in criminal case
(b) previous bad character in reply to good character in criminal case
(c) character to prove conduct imputed in civil case
(d) character affected the amount of damage in civil case
Correct option is (D)

63. which one of the following is primary evidence
(a) document produced for the inspection of the court
(b) copies made from original
(c) certified copies of the documents
(d) photostat copies of a document
Correct option is (A)

64. The consumer protection act 1986 come into effect on
(a) 24th August 1986
(b) 15 April 1986
(c) 24th May 1986
(d) 24 December 1986
Correct option is (D)

65. which one of the following sections of Consumer Protection Act 1986 define the term consumer
(a) section 2(1)(a)
(b) section 2(1)(b)
(c) section 2(1)(c)
(d) section 2(1)(d)
Correct option is (D)

66. The principle of law of taxation that” no tax shall be levied or collected except by authority of law” it is contained under
(a) Article 265 of the constitution
(b) article 300 of the constitution
(c) article 19(1)(g)of the constitution
(d) Article 285 of the constitution
Correct option is (A)

67. Under which section of Income Tax Act ” income of other person are included in SSC to tell income
(a) Sections 56 - 58
(b) Sections 139-147
(c) Sections 246-262
(d) Sections 60-65
Correct option is (D)

68. Under which of the following articles of Indian constitution Parliament is empowered to legislate with respect to a matter in state placed in National interest
(a) article 249
(b) article 250
(c) article 252
(d) article 253
Correct option is (A)

69. in which of the following cases the court has laid down that right to life does not include right to die
(a) state versus Sanjay Kumar Bhatia
(b) Shrimati Gyan for versus State of Punjab
(c) R versus holiday
(d) rathinam versus UOI
Correct option is (B)

70. The question whether a bill is a money bill or not is declared by
(a) the Prime Minister
(b) the Finance Minister
(c) the president
(d) the speaker of Lok Sabha
Correct option is (D)

71. Decision under 10 schedule is taken by
(a) president
(b) Chief Justice of India
(c) Prime Minister
(d) presiding officers of houses
Correct option is (D)

72. in which of the following cases the supreme court held that an international commercial arbitration is one which has its mystical for legal seat of arbitration outside India
(a) Bhatia International versus Buk trading SA (2002) 4 SCC 105
(b) Bharat Aluminum Company v. Kaiser Aluminium technical services inc. (2012) 9 SCC 552
(c) Boo Allen and Hamilton Inc v. SBI Home Finance Limited (2011) 5 SCC 532
(d) Vimal Kishore Shah v. Jayesh Dinesh Shah (2016) 8 SCC 788
Correct option is (B)

73. Which of the following provisions of the Hindu Succession Act 1956 Lays down for the the escheat
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 29
Correct option is (D)

74. Which one is a foreign award
(a) can ever in arbitration where at least one party in non Indian
(b) an award passed in a Foreign seated arbitration
(c) and award first in arbitration where both the parties are non Indian
(d) None of the above
Correct option is (B)

75. A man marries a girl who is within his prohibited relationship and his custom does not permit such marriage such a man would be punished under
(a) Section 17 of the Hindu Marriage Act 1955
(b) Section 18(a) of the Hindu Marriage Act 1955
(c) Section 18(b) of the Hindu Marriage Act 1955
(d) No punbishment for such marriages
Correct option is (C)

76. Which Section of the Hindu Marriage Act 1955 provides that a child from the void marriage would be legitimate
(a) section 11
(b) section 13(a)
(c) section 12
(d) section 16
Correct option is (A)

77. One of the following section of CrPC police officer is under application to inform the accused ground of right to bail
(a) section 49
(b) section 50
(c) section 57
(d) section 60
Correct option is (B)

78. under what circumstances Court can issue an order for the attachment of property of person absconding
(a) where the person to whom proclamation is issued is about to dispose of the whole of this property
(b) where the person to whom proclamation is issued is about to dispose of any part of his property
(c) where are the person to whom proclamation is issued is about to remove the phone or any part of his property from the local jurisdiction of the court
(d) all of the above
Correct option is (D)

79. inherent power under section 482 CRPC can be exercised by
(a) The supreme court
(b) the court of session
(c) the High Court
(d) all of the above
Correct option is (C)

80. if it is true that a man has not been heard of for —- by those who would naturally have heard of him if equalise the presumption under section 108 of the Indian Evidence Act is that is dead
(a) 5 year
(b) 7 year
(c) 15 year
(d) 20 year
Correct option is (B)

81. it down witness given his evidence in writing in the open for such evidence would be treated as
(a) oral Evidence
(b) Documentary evidence
(c) secondary evidence
(d) primary evidence
Correct option is (A)

82. which of the following is not a public document
(a) Bank books
(b) postmortem report
(c) judgement of the High Court
(d) registered sale deed
Correct option is (A)

83. the land acquisition act 1894 to put on
(a) first day of January 1894
(b) first day of February 1894
(c) first day of March 1894
(d) first day of April 1894
Correct option is (C)

84. which of the following sentences can the court of National Park
(a) death sentence
(b) rigorous imprisonment
(c) simple imprisonment
(d) any sentence authorised by law but death sentence must be confirmed by the High Court
Correct option is (D)

85. which of the following is not a requirement for a foreign judgement to be conclusive
(a) It must be given on merit of the age
(b) it must be pronounced by a court of competent jurisdiction
(c) it was not obtained by fraud
(d) it is by a court in an enemy country
Correct option is (D)

86. ensuring the safety health and welfare of the employees is the primary purpose of the
(a) payment of wages act 1936
(b) industrial disputes act 1947
(c) Factories act 1948
(d) equal remuneration act 1976
Correct option is (C)

87. in which Supreme Court held that whether teachers are not workmen
(a) dharangadhara chemical Works Limited versus state of Saurashtra 1957 section 264
(b) University of Delhi versus Ramnath a i r 1963 section 18 73
(c) JK auto spinning and weaving Mills Company Limited versus LT AI h 1964 section 737
(d) Sunderambal vs Government of GVoa AIR 1988 sECTION 1700
Correct option is (B)

88. Under section 2(cc) two of the industrial dispute act 1947 closure means
(a) the permanent closing down of a place of employment or there are
(b) the partly closing down of a place of employment or part thereof
(c) the temporary closing down of a place top 10 climate aur part there
(d) the short-term closing down of a place of employment or part thereof
Correct option is (A)

89. A Reference can be made during the pendency of a case
(a) the subordinate Court refers the case to the high court for the Latter’s opinion on a question of law
(b) the subordinate Court refer to the high court for the latter’s opinion on a question of evidence
(c) the subordinate Court refer the case to the high court for the latter;s opinior on a question of fact
(d) the subordinate Court refers the case to the high court for the latter’s opinion on a question of court procedure
Correct option is (A)

90. A person can apply for review of judgment when
(a) he is aggrieved by a decree/ order from which an appeal is allowed, but no appeal is preferred
(b) he is aggrieved by a decree/ order from which no Apple is allowed
(c) he is aggrieved by a decision on a reference from court of small causes
(d) all of the above
Correct option is (D)

91. In which of the following cases the remedy of revision is not available
(a) cases in which first appeal lies
(b) cases in which second appeal lines
(c) interlocutory orders
(d) All of the above
Correct option is (D)

92. effect of not negotiable crossing is mentioned under
(a) section 125
(b) section 130
(c) section 131
(d) section 128
Correct option is (B)

93. section 16 of Negotiable Instrument define
(a) restrictive endorsement
(b) conditional and Osman
(c) endorsement in full and endorsement in blank
(d) All of the above
Correct option is (C)

94. The liability under section 138 of the Negotiable Instrument Act 1881 is
(a) strict liability
(b) vicarious liability
(c) Both a and b
(d) none of the above
Correct option is (A)

95. the objective of land acquisition act 1894 are
(a) an act to amend the law for the acquisition of land for public purpose and for industry
(b) an act to amend the law for the purpose of land for public purpose and for business
(c) an act to amend the law for the possession of land for public purpose and for manufacturing
(d) an act to amend the law for the acquisition of land for public purpose and for companies
Correct option is (D)

96. Which of the following section of CRPC police officer can arrest and accused without warrant
(a) Sector 40
(b) section 41
(c) section 42
(d) section 43
Correct option is (B)

97. which one of the following courts under Criminal Procedure Code 1973 can try a murder case
(a) Judicial Magistrate First Class
(b) chief judicial magistrate
(c) Court of session
(d) none of the above
Correct option is (C)

98. it deals with the internal management and affairs of company
(a) Prospectus
(b) article of association
(c) memorandum of association
(d) debenture
Correct option is (B)

99. Public liability insurance Act was enacted in
(a) 1991
(b) 1993
(c) 1995
(d) 1997
Correct option is (A)

100. Environmental impact assessment EIA is mandatory under
(a) Indian Forest Act
(b) Air Act
(c) Wildlife Protection Act
(d) Environment Protetion Act
Correct option is (D)

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