ALL INDIA BAR EXAM-2014
(AIBE-VII)[Date of Exam-07-09-2014]
1. As per the provisions of the Criminal Procedure Code, the word ‘inspection used in Section 93(1)(C) refers to
(a) Things or documents
(b) Documents only
(c) Locality and place
(d) None of the above
Ans-(c) Locality and place
2. Statement recorded during investigation under Section 161 of Cr.P.C. can be used during trial for
(a) Corroborating the witness
(b) Contradicting the witness
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Ans- (b) Contradicting the witness
3. “If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committe(d)” It was so upheld in which case
(a) Sangarabonia Sreenu vs. State of Andhra Pradesh
(b) State of Himachal Pradesh vs. Tara Dutta
(c) Shamsher Singh vs. State of Punjab
(d) Nalini vs. State of Tamil Nadu
Ans- (b) State of Himachal Pradesh vs. Tara Dutta
4. Ex dolo malo oritur actio’ is
(a) An action arose only when a right infringes
(b) An action could not prevent a legal right
(c) No action on an immoral act
(d) None of the above
Ans- (c) No action on an immoral act
5. An Executive Magistrate may require security for keeping good behaviour from habitual offenders for a period not more than
(a) 6 months
(b) 1 year
(c) 2 years
(d) 3 years
Ans-(d) 3 years
6. Section 167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice-versa this alteration can be done during the period of first
(a) 15 days
(b) 16 days
(c) 14 days
(d) 12 days
Ans-(a) 15 days
7. Under which provision of the Code of Criminal Procedure it is mandatory for police officer to inform the person arrested the grounds of arrest and right of fail if the offence is not non-bailable
(a) Section 150
(b) Section 105
(c) Section 50
(d) Section 510
Ans- (c) Section 50
8. Section 41-B is inserted in to the Criminal Procedure Code on the basis of which among the following decisions
(a) Nandini Satpathy vs. P.L.. Dhani
(b) Sunil Batra vs. Delhi Administration
(c) Prem Shankar Shukla vs. Delhi Administration
(d) (D)K. Basu vs. State of West Bengal
9. Civil Surgeon shall refer unsound minded person to a clinical Psychologist/ Psychiatrist. However by virtue of Section of aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College
(a) 328
(b) 328 IA
(c) 328 (2)
(d) 346
10. Identify the correct order in which the following law making treaties are concluded
1. The Vienna Convention on Consular Relations
2. The General Agreement on Tariffs and Trade
3. The Declaration of Paris
Select the correct answer from the codes given below:
(a) (1), (3), (2)
(b) (3), (2), (1)
(c) (2), (1), (3)
(d) (1), (2), (3)
11. Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?
(a) The Drago doctrine
(b) Right of asylum
(c) Doctrine of equality
(d) Pacta Sunt Servanda
12. General Assembly adopted the definition of word Aggression through
(a) Resolution 3314 XXIX, 1974
(b) Resolution 3312 XXXIX, 1973
(c) Resolution 2213, 1982
(d) None of the above
13. The admission of a new political entity into the United nations can be termed as
(a) Express recognition
(b) Conditional recognition
(c) Collective recognition
(d) De-facto recognition
14. “A State is and becomes and international person through recognition only and exclusively.” Who stated this?
(a) L. Oppenheim
(b) Hobbes
(c) Fenwick
(d) Starke
15. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-commerce in
(a) 1997
(b) 1998
(c) 1996
(d) 2013
16. Section 3 of Information Technology Act, 2000 which was originally “Digital Signature” was renamed as —- in ITAA-2008.
(a) “Digital Signature and Electronic Signature“
(b) “Digital Signature and E-signature”
(c) “Digital and Electronic Signature”
(d) None of the above
17. Which among the following are the digital signature certifying authorities in India?
(a) M/s Safescript
(b) M/s NCERT
(c) M/s MTL
(d) All the above
18. Section 43 of the Information Technology Act deals with
(a) Criminal liability
(b) Civil liability
(c) Both the above
(d) None of the above
19. “Where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affecte(d)” Which section of the Information Technology Amendment Act, 2008 envisages to
(a) 43
(b) 43A
(c) 43B
(d) 43C
20. R obtained a sum of j 50,000/- from D by putting Din fear of death. Here R commits
(a) Extortion
(b) Cheating
(c) Mischief
(d) Robbery
21. Rashtriya Swashtya Bima Yojna is mainly meant to serve the needs of
(a) Organised workers
(b) Unorganised workers
(c) Unorganized sector workers belonging to BPL category and their family members
(d) Organized sector workers belonging to BPL category and their family members
22. Equal pay for equal work for both men and women is proclaimed under …………… of the Constitution of Indi(a)
(a) Article 39(a)
(b) Article39 (d)
(c) Article 39 (b)
(d) Article 39 (c)
23. Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges or misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year
(a) 1992
(b) 1982
(c) 2009
(d) 2010
24. ——- was a leading case on the point as to whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go slow
(a) Bank of India vs. T.S. Kelawala and Others
(b) Randhir Singh vs. Union of India
(c) Kamani Metals and Alloys Ltd. vs. Their Workmen
(d) Workmen vs. Reptakos Brett and Co. Ltd.
25. Under the Industrial disputes Act, if the employer terminates the services of an individual workman, any dispute/difference arising out of such formination shall be deemed to be:
(a) industrial dispute
(b) individual dispute
(c) both individual and industrial dispute
(d) none of these
26. Gloucstershire grammar School Case is a leading case to explain the
(a) Volenti non fit injuria
(b) injuria non fit volenti
(c) Damum sie injuria
(d) Injuria sine damunm
27. In the judgment of the Supreme Court in Salem Bar Association vs. Union of India, the Supreme Court had requested this committee headed by…………. to prepare a case management formul(a)
(a) Justice Bhagwati
(b) Justice Muralidhar
(c) Mustice Raveendran
(d) Justice Jagannandha Rao
28. The 2013 Companies Act has increased the limit of the number of members in Private Company from 50 to
(a) 100
(b) 200
(c) 300
(d) 150
29. The Standards on Auditing have been accorded legal sanctity in the 2013 Act and would be subject to notification by the
(a) NFRA
(b) NRFA
(c) NARF
(d) SEBI
30. Period of limitation for execution of the order of maintenance is from the date on which it becomes due.
(a) 1 year
(b) 5 years
(c) 9 years
(d) 15 years
31. The Jural correlative of immunity is
(a) Power
(b) Disability
(c) No claim
(d) Claim
32. Who defines “eternal law as, the divine order or will of God which requires the perservation of natural order and forbids the breach of it.”
(a) Ambrose
(b) Augustine
(c) Gregory
(d) All the above
33. ‘Government even in its best state, is but a necessary evil; in its worst state, an intolerable one. Who stated so?
(a) Thomas Paine
(b) Gregory Peck
(c) Jefferson
(d) Dicey
34. The Constitution of India has recognized the concept of tribunal as instruments of quasi-judicial administrative adjudication
(a) Article 39 (a) and 39(b)
(b) Article 323 A and 323 B
(c) Article 368
(d) Article 202A and 202B
35. Nemojudexin causasua meaning No man shall be judge in his own cause was first stated by………….. in Dr. Bonham’s Case.
(a) Lord Grey
(b) Lord Heward
(C) Lord Coke
(d) Lord Moulton
36. General power of the Bar Council of India to make rules is envisaged under which section of the Advocates Act, 1961
(a) Section 48
(b) Section 49
(c) Section II-2
(d) Section IV-A
37. Seven lamps of advocacy is attributable to
(a) Justice Abbot Parry
(b) Justice Heward
(c) Justice Bhagawathy
(d) Justice Grey
38. Which section under the Advocates Act, 1961 speaks of disciplinary powers of the Bar Council of India
(a) 35
(b) 37
(c) 36
(d) 39
39. Section ——- of Advocates Act, 1961 speaks about constitution of Legal Aid Committees
(a) 9
(b) 10
(c) 9A
(d) 10A
40. Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of ——— which is the prominent provision the discusses about the jurisdiction of civil courts in applying. Alternate Dispute Resolution mechanisms.
(a) 1989
(b) 1999
(c) 1988
(d) 2009
41. In which case the Supreme Court held that Part I of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties.
(a) Bhatia International vs. Bulk Trading S.A.
(b) United India Co. Ltd. vs. Associated Transport Corporation Ltd.
(c) Hakam Singh vs. Gammon India Ltd.
(d) Ajmera Brothers vs. Suraj Naresh Kumar Jain
42. Establishment of Permanent Lok Adalats is envisaged under Section…..of the Legal Services Authority Act of 1987
(a) 228
(b) 22A
(c) 22(1)
(d) 22
43. Frost vs. Knight is a leading case on
(a) Section 32
(b) Section 33
(c) Section 34
(d) Section 35
44. Which among the following is a law based on equity?
(a) Indian Contract Act, 1872
(b) Indian Penal Code, 1863
(c) Indian Partnership Act, 1932
(d) Specific Relief Act, 1963
45. Which section of the Specific Relief Act, describes temporary injunction
(a) 45
(b) 41
(c) 37
(d) 36
46. The maintenance amount which can be transferred is………………..
(a) Future maintenance
(b) Right to future maintenance
(C) Arrears of maintenance up to a certain date
(d) None of the above
47. The maximum period during which property can be tied up is
(a) Only 15 years
(b) One or more life or lives in being at the date of transfer and minority of an unborn person
(c) During the lifetime of the transferor and the minority period of an unborn person
(d) None of the above
48. What are the remedies open to the party aggrieved in a suit on contracts?
(a) Specific performance and injunction
(b) Specific performance and damages
(c) Specific performance only
(d) All the above
49. ‘A’ resides at Delhi, and ‘B’ at Agra ‘B’ borrows j 20,000/- from ‘A’ at Banaras and passes a promissory note to ‘A’ payable at Banaras. ‘B’ fails to repay the loan. ‘A’ may sue ‘B’ at
(a) Banaras or Agra
(b) Banaras only
(c) Agra only
(d) Banaras, Agra and Delhi
50. The general principle of waiver that provides the failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent state and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code.
(a) Section 15
(b) Section 16
(c) Section 51
(d) Section 21
51. Act of court can do no wrong to any person. Which concept relates to this Ideology
(a) Precept
(b) Caveat
(c) Restitution
(d) Injunction
52. Doctrine of election is based on the foundation that a person taking the benefit of an instrument must
(a) Not bear the burden
(b) Burden is not the subject of election
(c) Burden is the subject of election
(d) Bear the burden
53. SFIO stands for
(a) Serious Fraud Investigation Office
(b) Serious Force Institution Office
(c) Serious Form Investigation Office
(d)Serious File Investigation Office
54. Which provisions of the Companies Act, 2013 discusses about the issue of bonus shares out of its free reserves or the securities premium account or the capital redemption reserve account, subject to the compliance with certain conditions such as authorization by the articles approval in the general meeting
(a) Section 36
(b) Section 43
(c) Section 63
(d) Section 33
55. The question whether the Fundamental Rights can be amended under Article 368 came for consideration first time in
(a) Shankari Prasad vs. Union of India
(b) Keshvananda Bharati vs. Union of India
(c) Golak Nath vs. State of Punjab
(d) None of the above
56. A law which violates fundamental rights is not nullity or void-ab-initio but becomes only unenforceable, this doctrine is called as
(a) Doctrine of severability
(b) Doctrine of 3 points
(c) Tornado doctrine
(d) Doctrine of eclipse
57. Equality of opportunity admits discrimination with reasons. It was observed by apex court in
(a) State of Kerala vs. N.M. Thomas
(b) Indira Sawhney vs. Union of India
(c) Air India vs. Nargesh Mirza
(d) All the above
58. Evidences to document unmeaning in reference to existing facts is called as
(a) Patent ambiguity
(b) Latent ambiguity
(c) Both of them
(d) None of the above
59. Original document is the best evidence Exception to this rule is contained in
(a) Indian Evidence Act
(b) Criminal Procedure Code
(C) Bankers Book Evidence Act
(d) None of these
60. What is the period of limitation to file a suit for compensation for false imprisonment?
(a) 2 Years
(b) 3 Years
(c) 12 Years
(d) 1 Year
61. As per Section 19 of the Limitation Act, 1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the
(a) Time when suit was filed
(b) When the payment was made
(c) When the creditor demands
(d) None of the above
62. Under the Companies Act, 2013, any company having a net worth of 500/- crore or more or a turnover of 1,000/- crore or more or a net profit of 5 crore or more should mandatorily spend…………. of their net profits per fiscal on Corporate Social Responsibility activities
(a) 3%
(c) 10%
(b) 5%
(d) 2%
63. The…………. Guidelines constitute one of the most comprehensive CSR tools available to companies
(a) OECD
(c) OECG
(b) OACF
(d) ASEAN
64. Conditions of Hindu Marriage have been laid down under …… of Hindu Marriage Act
(a) Section 9
(b) Section 10
(c) Section 5
(d) Section 13
65. The Hindu Succession (Amendment) Act, 2005
(a) Allows daughter of the deceased equal rights with daughter
(b) Allows sons of the deceased equal rights with widows
(c) Allows daughters of the deceased equal rights with wife
(d) Allows daughters of the deceased equal rights with sons
66. The Fuller/Hart Debate could be summarized as a debate between which two jurisprudential approaches/positions
(a) Positivism and utilitarianism
(b) Natural Law and Positivism
(c) Positivism and Liberalism
(d) Marxism and liberal feminism
67. Quifacit per aliumfacit per se, means
(a) act of an agent is the act of principal
(b) act of an agent is not an act of principal
(c) principal and agent are liable jointly
(d) agent must not act in contravention of the act of principal
68. The concept of ‘privity of contract was rejected in
(a) Winterbottom vs. Wright
(b) Donoghue vs. Stevenson
(c) Longmeid vs. Holiday
(d) Heaven vs. Pender
69. ——– is observed as the World Consumer Rights Day.
(a) 15th of March
(b) 16th of March
(c) 12th of March
(d) 11th of March
70. Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emhasized by the Supreme Court in which of the following cases
(a) Bhatia International vs. Bulk Trading SA
(b) Indian Medical Association vs. V.P. Shantha and Ors.
(c) Manekha Gandhi vs. Union of India
(d) Lucknow Development Authority vs. M.K. Gupta
71. Renewal of driving licenses is envisaged under Section …………. of the Motor Vehicles Act, 1988
(a) 20
(b) 21
(c) 22
(d) 15
72. Section 82 IPC is an illustration for
(a) Presumption of fact
(b) Presumption of law
(c) Presumption of fact and presumption of law
(d) None of the above
73. Meaning of Nemo moriturus praesumuntur mentiri
(a) A dying man can never speak truth
(b) A dying man can never speak falsehood
(c) A dying man can speak truth
(d) A dying man may not speak falsehood
74. If a court lower to the Sessions Court tries a murder case that court is called as
(a) Coram sub judice
(b) Coram non judice
(c) Coram non subjudice
(d) Coram judice
75. In bailment if the goods are lent free of cost to the bailee for his use it is known as bailment by
(a) Deposition
(b) Pledge
(c) Commodation
(d) None of the above
76. Where the proposal and acceptance is through letters, the contract is made at the place where
(a) The acceptance is received
(b) The latter of acceptance is posted
(c) Both the above answers
(d) None of the above
77. The surety stands discharged by
(a) Death
(b) Revocation
(c) Variance in the terms of the contract without his consent
(d) All of the above
78. All contracts which are unlawful and void are known as
(a) Illegal contracts
(b) Nugatory contracts
(C) Voidable contracts
(d) None of the above
79. Section ——- of the Negotiable Instrument Acts deals with ‘noting’
(a) 100
(b) 101
(c) 102
(d) 99
80. Cancellation of crossing is also called
(a) Marking
(b) Opening of crossing
(c) Cancellation
(d) None of the above
81. Negotiable claim issued by a bank in return for a term deposit is called
(a) Share certificate
(b) Certificate of incorporation
(C) Certificate of deposit
(d) Term deposit
82. Wager relate with
(a) Present event
(b) Past event
(c) Future event
(d) Any of the above
83. Rabindra Kumar Pal Dara Singh vs. Republic of India a famous case coming under Section 30 of Evidence Act is also well known as
(a) Graham Stains Murder case
(b) Graham Bells Murder case
(c) Graham Street’s Murder case
(d) Graham Stoits Murder case
84. Statement by a person who is dead is a relevant fact under……… of the Indian Evidence Act
(a) Section 32(3)
(b) Section 32(4)
(c) Section 32(5)
(d) Section 32(6)
85. A Charge Sheet filed under Section 173 of Cr.P.C. is an example of
(a) Public document
(c) Patent document
(b) Private document
(d) Latent document
86. Procedure of investigation of criminal cases under the Criminal Procedure Code is contained in Chapter
(a) XI
(b) XII
(c) X
(d) IX
87. Whoever causes bodily pain, disease or infirmity to any person is said to have inflicted…….. on the victim
(a) Grievous hurt
(b) Hurt
(c) Assault
(d) None of the above
88. Personation at Election is an offence under Section ——— of the Indian Penal Code
(a) 124A
(c) 153B
(b) 121A
(d) 171D
89. Raman having found a key of Raju’s house which Raju had lost, commits house trespass by entering Raju’s house after opening the door with the key. Raman has committed the offence of
(a) House trespass
(b) Criminal trespass
(c) House breaking
(d) None of these
90. ——– defined crime as “a violation of public rights and duties due to the whole community considered as community.
(a) Blackstone
(b) Justice Bhagwati
(c) V.R. Krishna lyer
(d) Lord Heward
91. Who among the following is not a ‘public servant’?
(a) Liquidator
(b) A Civil Judge
(c) Secretary of a Co-operative Society
(d) None of these
92. The Sampoorn Grameen Rozgar Yozna (Universal Rural Employment Programme) was launched in 2001 and was implemented through
(a) Labour offices
(b) Government
(C) Panchayati Raj Institutions
(d) All the above
93. Right to freedom to acquire, hold and dispose-off property is abolished by
(a) 44th Amendment Act, 1978
(b) 43rd Amendment Act, 1976
(c) 50th Amendment Act, 1950
(d) 1st Amendment Act, 1951
94. Which one of the following is covered under the definition of State
(a) The Indian Statistical Institute
(b) Indian Council of Agricultural Research
(c) Sainik School Society
(d) NCERT
95. National Conservation Strategy and Policy Statement on Environment and Development is a major environmental policy in India and it was passed in the year
(a) 1988
(b) 1982
(C) 1992
(d) 1990
96. ——- of the Environmental Protection Act, 1986 defines ‘Environment’
(a) Section 2(a)
(b) Section 3(a)
(c) Section 1(a)
(d) Section 11(a)
97. Polluter Pays Principle means
(a) polluter should bear the cost of pollution as the polluter is responsible for pollution
(b) polluter should not necessarily bear the cost of pollution as the polluter may not be responsible for pollution
(c) polluter may bear the cost of pollution as the polluter may be responsible for pollution
(d) none of the above
98. “Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore who is guilty of causing pollution, has to pay damages (compensation) for restoration of the environment. He has also to pay damages to those who have suffered loss on account of the act of the offender. Further, the offender can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner. However, the court cannot impose any pollution fine in absence of any trial and finding of guilty under the relevant statutory provisions.” This observation was made in
(a) M.C. Mehta vs. Kamal Nath
(b) Calcutta Tanneries Case
(c) M.C. Mehta vs. UOI
(d) A.P. Pollution Control Board vs. M.V. Nayudu
99. India became a party to the International Convention on Biological Diversity in
(a) 1992
(b) 1995
(c) 1994
(d) 2000
100. A, a railway company is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by B anc Cadversely to each other A can institute
(a) An application to decide the same
(b) An interpleader suit
(c) Friendly suit
(d) None of the above
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