AIBE - Case Related Solved Questions

All India Bar Examination
AIBE - Case Related Old Questions

Note: Hover over these colored boxes for correct answers

1. What is the leading decision in the case of Menaka Gandhi Vs Union of India? [AIBE 16]
a) Right of hearing b) Separation of powers c) Delegated legislation d) Rule of evidence

Correct option is (a)

2. Promissory estoppel against Government agencies is decided in: [AIBE 16]
a) Tweedle Vs Atkinson
b) Dutton Vs Poole
c) Pournami all Mills Vs State of Kerala
d) Kedar Nath Vs Gauri Mohamad

Correct option is (c)

3. In which of the following cases the Supreme Court has held that the investigating officer should be allowed to refer to the records of investigation [AIBE 16]
a) State of Karnataka Vs Yarappa Reddi
b) Mohammed Khalid Vs State of West Bengal
c) Baburam Vs State of U.P.
d) State of Rajasthan Vs Om prakash

Correct option is (a)

4. The famous pronouncement of Delhi High Court regarding constitutional validity of section 377 Indian Penal Code reversed by Supreme Court in: [AIBE 16]
a) NALSA Vs Union of India
b) Naz Foundation Vs Government of NCT of Delhi
c) Shabnam Hasmi Vs Union of India
d) Suresh Kaushal Vs Naz Foundation.

Correct option is (d)

5. An advocate is under an obligation to uphold the rule of law and ensure that the pubic justice system is enabled to function at its full potential. Any violation of the principle of professional ethic by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system. It was said in- [AIBE 16]
a) Hikmant ali khan Vs Ishwar prasad Arya, 1997 3 SCC 131
b) O.P. Sharma Vs high court of Punjab & Haryana, (2011) 6 SCC 86
c) L.D. Jaikwal Vs state of Uttar Pradesh, (1984) 3 SCC 405
d) Shamsher singh bedi Vs High court of Punjab & Haryana, (1996) 7 SCC 99.

Correct option is (b)

6. The rule of Strict Liability is based on the decision in :- [AIBE 16]
a) Donoghue Vs Stevenson
b) Homes Vs Ashford
c) Rylands Vs Fletcher
d) None of the above

Correct option is (c)

7. The Rule of Last opportunity was Laid down in :- [AIBE 16]
a) Davies Vs Manh b) State of A.P. Vs Ranganna c) Nugent Vs Smith. d) Kalawati Vs state of HP

Correct option is (a)

8. In which of the following cases was it held that “the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract to the contrary. The fact that the date of decree makes no difference”? [AIBE 16]
a) Surenderabal Vs Suppiah b) Mukesh teli Vs Bharti Teli
c) Sesi Ammal Vs Thaiyu Ammal d) Laxmi Vs Krishna

Correct option is (c)

9. In which case did the supreme court hold that “misconduct envisages breach of discipline [AIBE 10]
(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)

10. Which is the leading case in environment [AIBE 10]
(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)

11. Pre-emption on the ground of Shafie-i-Jar was declared unconstitutional in [AIBE 10]
(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)

12. Vikramaditya versus Shrimati Jamila Khatoon is an important case relating to professional misconduct due to which factor [AIBE 10]
(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)

13. "Mere illegality of the strike does not per se spell unjustifiability" - Justice Krishna Iyer . Name the case. [AIBE-15]
(a) Chandramalai Estate Vs Its workmen
(b) Associated Cement Ltd., Vs Their workmen
(c) Gujarat Steel Tubes Vs Gujarat Steel Tubes Mazdoor Sabha
(d) Indian General Navigation of Railway Co. Ltd., Vs Their workmen

Correct option is (c)

14. Which case is leading case on arrest [AIBE 10]
(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)

15. 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 [AIBE 10]
(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)

16. 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 [AIBE 10]
(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)

17. 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 [AIBE 10]
(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)

18. 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 [AIBE 10]
(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)

19. Pakala Narayana Swami vs Emperor is a leading case on [AIBE 10]
(a) Dying declaration
(b) Confession
(c) Accomplice
(d) Expert witness

Correct option is (a)

20. the distinction between section 299 and 300 was made clear by Melville J. in [AIBE 10]
(a) Reg Vs Guruchand Gope
(b) Reg Vs Govinda
(c) Res Vs Hayward
(d) Govind Vs Reg

Correct option is (b)

21. In joint trial, the evidentiary value of confession of a co-accused affecting himself and others has been discussed by the Supreme Court in [AIBE 10]
(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)

22.In which of the following cases the Supreme Court of India opined the point that "bail is the surety and jail is an exception" [AIBE 10]
(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)

23. Section 66A of Information Technology Act was held unconstitutional in the case of [AIBE-15]
(a) Justice K. S. Putta swamy Vs Union of India
(b) M P Sharma Vs Satish Chandra
(c) Shreya Singhal Vs Union Of India
(d) Gagan Harsh Sharma Vs The State of Maharashtra

Correct option is (c)

24. A Teacher is not a workman within the purview of Industrial Disputes Act, held in the case of [AIBE-15]
(a) The Workmen Vs Greaves Cotton & Co. Ltd. & Ors
(b) John Joseph Khokar Vs Bhadange B. S. & ors
(c) A. Sundarambal Vs Government of Goa
(d) Dinesh Sharma and Ors. Vs State of Bihar

Correct option is (c)

25. The UNCITRAL Model Law and Rules do not become part of the Arbitration Act so as to become an aid to construe the provisions of the Act.- held in the case of [AIBE-15]
(a) Union of India Vs East Coast Boat Builders and Engineers Ltd.,
(b) Union of India Vs M.C. Mehta
(c) Tata Press Ltd Vs Union of India
(d) Union of India Vs Indian Change Chrome Ltd

Correct option is (a)

26. “From a plain reading of Section 195 Cr.P.C. it is manifest that it comes into operation at the stage when the Court intends to take cognizance of an offence under Section 190(1) Cr PC.; and it has nothing to do with the statutory power of the police to investigate into an F.I.R. which discloses a cognizable offence….In other words, the statutory power of the Police to investigate under the Code is not in any way controlled or circumscribed by Section 195 Cr.PC.” – This was held by the Supreme Court in the case of [AIBE-15]
(a) Nalini Vs State of Tamilnadu
(b) Raj Singh Vs State [(1998)]
(c) Shamsher Singh Vs State of Punjab
(d) State of Himachal Pradesh Vs Tara Dutta

Correct option is (b)

27. Peek Vs. Gurney is a famous case related to [AIBE-15]
(a) Coercion
(b) Fraud
(c) Mistake of fact
(d) Mistake of law

Correct option is (b)

28. The Supreme Court invoked the principle of ‘Transformative Constitutionalism’ in the case of [AIBE-15]
(a) Navtej Singh Johar Vs Union of India (2018)
(b) Suresh Kumar Koushal Vs Naz Foundation(2010)
(c) Naz Foundation Vs Government of NCT of Delhi, (2009)
(d) Aruna Roy Vs Union of India, (2002)

Correct option is (a)

29. Anuradha Bhasin Vs Union Of India on 10 January, 2020 relates to a challenge under Article 32 of the Constitution seeking issuance of an appropriate writ [AIBE-15]
(a) for setting aside orders of the Government by which all modes of communication including Internet have been shut down in J&K
(b) for setting aside orders of the Government by which private property was sought to be acquired in J&K
(c) for setting aside orders of the Government by which J&K was constituted as a UT
(d) for setting aside orders of the Government by which Ladakh was separated.

Correct option is (a)

30. Section 66A of the Information Technology Act was struck down under Art. 19(1) (a ) read with Article 19 (2) in the case of [AIBE-15]
(a) Justice K. S. Puttaswamy Vs Union of India
(b) Kharak singh Vs State of U.P.
(c) Govinda Vs State of M.P.
(d) Shreya Singhal Vs Union of India

Correct option is (d)

31. The petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32 – This relates to the case of [AIBE-15]
(a) Parmanand Katara Vs Union of India - AIR 1989, SC 2039
(b) D.C.Wadhwa Vs State of Bihar, AIR 1987 SC 579
(c) Neeraja Choudhari Vs State of Madhya Pradesh AIR 1984SC1099
(d) Chameli Singh Vs State of U.P. AIR 1996,SC1051

Correct option is (b)

32. Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.” – Justice Bhagwati in the case of [AIBE-15]
(a) Peoples Union for Democratic Rights Vs Union of India
(b) Ashok Kumar Pandey Vs State of West Bengal
(c) S. P. Gupta Vs Union of India
(d) Janata Dal Vs H. S. Chowdhary

Correct option is (c)

33. In M.C. Mehta Vs. Union of India, AIR 1987 SC1086 (Sri Ram Fertilizers case) the court held that [AIBE-15]
(a) In escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability.
(b) In escape of a dangerous animal the owner is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability.
(c) In escape of toxic gas the enterprise is strictly liable to compensate all those who are affected by the accident and such liability is subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability
(d) A company or a corporation is not a state and hence not liable for leak of toxic gas affecting the health of the people

Correct option is (a)

34. The Supreme Court has legalised living wills and passive euthanasia subject to certain conditions in the case of [AIBE-15]
(a) Aruna Ramachandra Shanbaug Vs Union of India (2011)
(b) Common Cause Vs Union of India, (2018) 5 SCC 1.
(c) Gian Kaur Vs State of Punjab (1996)
(d) D Chenna Jagadeeswar Vs State of A.P. ( 1988)

Correct option is (b)

35. M.C. Mehta Vs Union of India 1986 Shriram food and Fertilisers case relates to [AIBE-15]
(a) Olieum Gas leak
(b) Ganga water cleaning
(c) Child labour
(d) Bonded labour

Correct option is (a)

36. A. K.Kraipak Vs Union of India relates to [AIBE-15]
(a) Likelihood of Bias
(b) Delegated Legislation
(c) Administrative Discretion
(d) Notice

Correct option is (a)