All India Bar Examination
AIBE - General Quesitons
AIBE - General Quesitons
Note: Hover over these colored boxes for correct answers
1. How many kinds of presumptions are there as classified by the Supreme Court? [AIBE-16]
a) Permissive presumptions or presumptions of facts
b) Compelling presumptions or presumptions of law (rebuttable presumptions)
c) Irrebuttable presumptions of law or conclusive presumptions.
d) All of them
Correct option is (d)
2. The maxim ‘actus not facit reum nisi mens sit rea’ means [AIBE-16]
a) There can be no crime without a guilty mind
b) Crime has to be coupled with guilty mind
c) Crime is the result of guilty mind
d) In crime intention is relevant, motive is irrelevant
Correct option is (a)
3. Which of the following statements hold true for de nova trials? [AIBE-16]
a) Omission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trials
b) A de nova trial should be the last resort
c) the court originally trying the case can order de nova trial
d) None of these
Correct option is
(b)
4. Under the head subsequent conduct, which of the following type of conduct would be material? [AIBE-16]
a) Change of life
b) Evasion of justice
c) Fear, trembling
d) All of them
Correct option is
(d)
5. If a party who obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do that without the leave of the Court [AIBE-16]
a) Fifteen days
b) Fourteen days
c) Twenty days
d) Thirty days
Correct option is
(b)
6. When Perpetual Injunction may be granted- [AIBE-16]
a) Where the defendant is trustee of the Property for the plaintiff.
b) Where there is no standard for ascertaining the actual damage.
c) Compensation in money would not afford adequate relief.
d) All of the above.
Correct option is
(d)
7. A company wishes to ensure that no one else can use their logo. [AIBE-16]
a) Copy rights
b) Trade mark
c) Patent
d) Industrial designs
Correct option is
(b)
8. The test of reasonableness is not wholly _______ test and its contours are Fairley indicated by constitution. [AIBE-16]
a) Subjective
b) Objective
c) Descriptive
d) Summative
Correct option is
(a)
9. The term ‘WIPO” stands for: [AIBE-16]
a) World Investment policy organization
b) World intellectual property organization
c) Wildlife Investigation and Policing organization
d) World institute for Prevention of organized crime
Correct option is
(b)
10. Every person who is a member or a defence service or hold a any civil post under the Union, holds office during the pleasure of the _______ [AIBE-16]
a) Prime Minister
b) President
c) Council of Minister
d) Both (A) and (B)
Correct option is
(b)
11. The verification of the registered office shall be furnished to the registrar within a period of incorporation [AIBE-16]
a) 30 days
b) 60 days
c) 90 days
d) 120 days
Correct option is
(a)
12. The National Commission of Consumer Protection is composed of- [AIBE-16]
a) 7 members ;
b) 5 members ;
c) 8 members ;
d) 6 members ;
Correct option is
(b)
13. Basel Convention is associated with one of the following — [AIBE-16]
a) International Trade in Endangered species of wild Fauna & flora
b) Climate change
c) Protection of Ozone layer
d) The control of transboundary movement of Hazardous waste and their disposal.
Correct option is
(d)
14. The phrase “file a PIL, ostensibly in public interest but, in fact, to serve personal or private interests” means - [AIBE-16]
a) filing PIL for protection of only public interest
b) filing PIL for protection of both public and private interest
c) filing PIL for protection of only private interest
d) filing PIL alleging it to be in public interest but actually seeking protection of private interest
Correct option is
(d)
15. Filing of frivolous PILs results in- [AIBE-16]
a) increasing backlog of cases
b) wastage of resources
c) lesser availability of time for hearing other genuine cases
d) All of the above
Correct option is
(d)
16. Admission can be broadly categorised into: [AIBE-16]
a) Judicial b) Extra- judicial c) Either A and B d) Both A and B
Correct option is
(d)
17. Maxim "Res Ipsa Loquitur" means :- [AIBE-16]
a) The thing speaks for itself
b) Where there is right there is remedy
c) Where there is remedy there is right
d) Where there is no fault there is no remedy
Correct option is
(a)
18. Misuse of mechanism of PILs means- [AIBE-16]
a) filing PILs for protection of private interest
b) filing PILs for oblique motive
c) filing PILs only for publicity
d) All of the above
Correct option is
(d)
19. What is meant by procedural ultra-vires? [AIBE-16]
a) It is the non-observance of the procedural norms by the rule-making authority
b) It may make the rule ultra vires due to non-observance of rule-making authority and hence become void
c) It means the lacuna in the procedure of law
d) (a) and (b)
Correct option is
(d)
20. “Casting Couch” in Bollywood, the Indian film industry, is an example of- [AIBE-16]
a) sexual assault
b) sexual harassment
c) both (a) and (b)
d) None of the above
Correct option is
(b)
21. How long a warrant of arrest shall remain in force? [AIBE-16]
a) 6 years b) 10 years c) 12 years d) Until executed or cancelled
Correct option is
(d)
22. A Chief Judicial Magistrate may pass a sentence of imprisonment [AIBE-16]
a) Not exceeding seven years
b) Exceeding seven years
c) For life
d) None of the above
Correct option is
(a)
23. Cyber law deals with [AIBE-16]
a) All activities concerning the internet b) IPR c) E-commerce d) All of the above
Correct option is
(d)
24. Cyber crime is ________ in nature [AIBE-16]
a) Tangible b) Intangible c) Of mental Violence d) None of the above
Correct option is
(b)
25. The maximum limit of the members of the state bar council: [AIBE-16]
a) 15 b) 20 c) 25 d) None.
Correct option is
(c)
26. Government employees may refer their unresolved grievances and disputes to [AIBE-10] (a) International Labour Department (b) Bureau of Labour Relations
(c) Public Sector Labour-Management Council (d) Department of Labour
Correct option is
(b)
27. 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 [AIBE-10] (d) Ensuring better access to alternative dispute resolution in cross border commercial conflicts
Correct option is
(d)
28. 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)
29. '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 [AIBE-16] (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)
30. A warrant of arrest may be extended [AIBE-16] (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)
31. The Chairperson of Cyber Appellate Tribunal is appointed by the [AIBE-16] (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)
32. There is either theft or extortion, it is: [AIBE-10] (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
33. Compliant means allegation in writing made by a complainant that [AIBE-10]
(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)
34. The Maxim “Audi alteram partem” denotes [AIBE-10]
(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)
35. In case of a cooperative society the maximum amount on which income tax is not chargeable [AIBE-10]
(a) 50,000 (b) 30,000 (c) 20,000 (d) Nil
Correct option is
(d)
36. ‘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 [AIBE-10]
(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)
37. In most EU member countries which of the following is the most visible form of ADR? [AIBE-10]
(a) mediation (b) Arbitration (c) litigation (d) conciliation
Correct option is
(b)
38. ‘A’ does not fall under the clause of memorandum of association. ‘A’ here is [AIBE-10]
(a) Subscription (b) Director (c) Capital (d) Situation
Correct option is
(b)
39. Minto Morley reforms is associated with which act? [AIBE-10]
(a) Indian Council act 1912 (b) Indian Council Act 1956 (c) Indian Council act 1908 (d) Indian Council act 1909
Correct option is
(d)
40. In a written statement the defendant can claim [AIBE-10]
(a) set off (b) counter plaint (c) both a and b (d) none of the above
Correct option is
(c)
41. Which of the following statement is correct [AIBE-10]
(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)
42.Which one of the following is known as consumer dispute redressal agency? [AIBE-10]
(a) district forum
(b) state Commission
(c) National Commission
(d) all of the above
Correct option is
(d)
43. PIL is criticised on the ground of [AIBE-10]
(a) private motive
(b) political ends
(c) tremendous increase in litigation
(d) all of the above
Correct option is
(d)
44. what is the maximum number of witness which can be produced in a case [AIBE-10] (a) 5 (b) 10 (c) 15 (d) No limit
Correct option is
(d)
45. The rule is that panel statutes must be constructed [AIBE-10]
(a) Liberally (b)Strictly (c)Golden rule (d)Mischievous
Correct option is
(b)
46. to close down a factory the occupier has to give how many days notice to the authorities [AIBE-10]
(a) 30 days (b) 60 days (c) 90 days (d) 14 days
Correct option is
(b)
47. 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. [AIBE-10]
(a) 30 days (b) 40 days (c) 45 days (d) 60 days
Correct option is
(c)
48. it refers to an authority derived from official character nearly not expressly conferred upon the individual character but rather annexed to official position [AIBE-10]
(a) Designation (b) EX officio (c) Appointment (d) ad interim
Correct option is
(b)
49. A decree can be transferred for execution to another court [AIBE-10]
(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)
50. The term Sabbatical is connected with [AIBE-10]
(a) paid leave for study
(b) paternity leave
(c) maternity leave
(d) Quarantine leave
Correct option is
(a)
51. A person cannot be a next friend, a Guardian of a person if [AIBE-10]
(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)
52. “Dealer” Includes a person who is engaged [AIBE-10]
(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)
53. The undertaking contained in a promissory note to pay a certain sum of money is [AIBE-10]
(a) Conditional
(b) Unconditional
(c) may be conditional or unconditional depending upon the circumstances
(d) all of the above
Correct option is
(b)
54. Who are the partners in a bill of exchange [AIBE-10]
(a) drawer and drawee
(b) Payee
(c) both a and b
(d) none of the above
Correct option is
(c)
55. Income which accrue or arise outside India but are directly received into India are taxable in case of [AIBE-10]
(a) residents only
(b) both ordinary resident and non resident
(c) non resident
(d) all the accessories
Correct option is
(d)
56. A reference can be made during the pendency [AIBE-10]
(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)
57. A perpetual injunction can only be granted by the decree at the hearing and upon the [AIBE-10]
(a) Demand of the party
(b) Discretion of the court
(c) Merit of the suit
(d) None of the above
Correct option is
(c)
58. Under section 115, in the exercise of its revisional jurisdiction, a High Court can do which of the following things [AIBE-10]
(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)
59. which of the following belongs to the category of direct tax [AIBE-10]
(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)
60. Under section 114, a person can apply for review of judgement when [AIBE-10]
(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)
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