Solved Papers 1 English

ALL INDIA BAR EXAM-2013

(AIBE-V)-Date of Exam: [25-08-2013]

1. ———— is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests

(a) Expert determination

(b) Arbitration

(d) Negotiation

Ans-(d) Negotiation

2. “The fundamental aim of Legal Ethics is to maintain in the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally.” Whose statement is this?

(a) Chief Justice Marshall

(b) Chief Justice Coke

(d) Chief Justice Bacon

Ans- (a) Chief Justice Marshall

3. The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees……. no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the specific case

(a) R.D. Saxena vs. Balram Prasad Sharma

(b) V.C. Rangadurai vs. D. Gopalan

(d) G. Naranswamy vs. Challapalli

Ans-(a) R.D. Saxena vs. Balram Prasad Sharma

4. Duty of an advocate towards his client is detailed out in which rules of Bar Council of India

(a) 33 to 38

(b) 11 to 33

(d) 33 to 36

Ans-(b) 11 to 33

5. Which section under the Advocates Act, 1961 deals with disqualification as to enrolment?

(a) Section 25A

(b) Section 26A

(d) Section 24A

Ans-(d) Section 24A

6. Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

(a) Section 11

(b) Section 9

(d) Section 12

Ans-(c) Section 10

7. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff’s action and it is called as

(a) cross-claim

(b) set-off

(d) cross-decrees

Ans-(b) set-off

8. An attachment before judgment order takes away

(a) right to ownership

(b) right to file suit

(d) capacity of execution of a decree

Ans-(c) power to alienate the property

9. The three pillars on which foundation of every order of injunction rests

(a) prima facie case, injury with damage and balance of inconvenience

(b) prima facie case, reparable injury and balance of convenience

(d) prima facie case, damage without injury and balance of convenience

Ans-(c) prima facie case, irreparable injury and balance of convenience

10. ————- is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

(a) Review

(b) Reference

(d) Revision

Ans-(b) Reference

11. Who decides as to which of the several modes he/she will execute the decree

(a) Plaintiff

(b) Court

(d) Decree holder

Ans-(c) Judgment debtor

12. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as

(a) Question petition

(b) Question pamphlet

(d) Discovery

Ans-(c) Interrogatories

13. ……….. is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

(a) Joint suit

(b) Representative suit

(d) Collective suit

Ans-(b) Representative suit

14. A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation

(a) Amicus curiae

(b) Preserver

(d) Receiver

15. The provision under CPC that relates to suit by indigent persons

(a) Order 32

(b) Order 34

(d) Order 33

16. Section 5 of the Limitation Act, 1963 enables the court to condone delay in filing ………on sufficient satisfaction of sufficient cause.

(a) appeal or application

(b) appeal, suit and application

(d) appeal, petition, suit and counter petition

17. Limitation period prescribed in filing a suit by a mortgator to recover possession of immoveable property mortgaged

(a) 20 years

(b) 12 years

(d) 30 years

18. Which are the provisions under relevancy of opinion of experts Indian Evidence Act, 1872 that deals with relevancy of opinion of experts

(a) Sections 49 & 50

(b) Sections 23 & 24

(c) Sections 45 & 46

(d) Sections 81 & 82

19. The contents of documents may be proved either by

(a) Primary evidence or by secondary evidence

(b) Direct evidence or circumstantial evidence

(d) Primary evidence or direct evidence

20. Oral accounts of the contents of a document given by some person who has himself seen it is

(a) Direct evidence

(b) Circumstantial evidence

(d) Secondary evidence

21. “The DNA test cannot rebut the conclusive presumption envisaged under Section 12 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.” It was so held in which case

(a) Shaik Fakruddin vs. Shaik Mohammed Hasan, AIR 2006 AP 48

(b) Siddaramesh vs. State of Karnataka, (2010) 3 SCC 152

(d) Somwanti vs. State of Punjab, AIR 1963 SC 151

22. The statements of dead persons are relevant under which provision

(a) Section 48

(b) Section 49

(c) Section 32(4)

(d) Section 13(a)

23. “Witnesses are the eyes and ears of Justice”. Whose statement is this

(a) Lord Atkin

(b) Bentham

(d) Phipson

24. An accomplice is unworthy of credit unless he is corroborated in material particulars is a

(a) presumption of fact

(b) presumption of law

(d) none of the above

25. Patent ambiguity in interpreting documents renders it

(a) Curable

(b) In-curable

(d) none of the above

26. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, et(c) and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal Code

(a) Section 120A

(b) Section 120B

(c) Section 153A

(d) Section 226

27. The gist of this offence is meeting of minds

(a) Section 120A

(b) Section 133

(d) Section 340

28. A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B

(a) Wrongful restraint

(b) Wrongful confinement

(d) None of the above

29. Adulteration of food or drink intended for sale is punishable under

(a) Section 227

(b) Section 272

(d) Section 273

30. Voluntarily causing grievous hurt to deter public servant from his duty is

(a) Cognisable & non-bailable offence

(b) Non cognisable & bailable offence

(d) None of the above

31. A obtains property from Z by saying. “Your child is in the hands of my gang and will be put to death unless you send us r 10,000/-.” This offence is

(a) Robbery

(b) Extortion

(d) None of the above

32. Which provision under Criminal procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements?

(a) Section 164

(b) Section 162

(d) Section 164A

33. Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section

(a) Section 41(a)

(b) Section 41(c)

(c) Section 41(e)

(d) Section 41(d)

34. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of

(a) 7 years

(b) 2 years

(d) 5 years

35. Which provision under the Code provides the indication as to the rule against double jeopardy?

(a) Section 300

(b) Section 305

(d) Section 311

36. “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

(d) Nalini vs. State of Tamilnadu

37. “Provisions of Section 195 of the Code are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders.” In which case the court upheld so

(a) C. Muniappan vs. State of Tamilnadu

(b) Kishun Singh vs. State of Bihar

(d) None of the above

38. Order granting anticipatory bail becomes operative becomes operative

(a) on arrest

(b) on passing of the order by the court

(d) none of the above

39. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per

(a) Section 12

(b) Section 11(2)

(d) Section 13

40. Under Section 41 of the Specific Relief Act, an injunction cannot be granted

(a) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;

(b) to restrain any person from applying to any legislative body;

(d) all of the above

41. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition?

(a) Section 4

(b) Section 5

(d) Section 10

42. It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of of ………….and his has been overruled in the case

(a) In re Berubari Union, Keshavananda Bharathi vs. State of Kerala

(b) A.K. Gopalan vs. State of Madras; Maneka Gandhi vs. Union of India

(d) I.C. Golaknath vs. State of Punjab, Shankari Prasad vs. Union of India

43. By the Constitution (97th Amendment) Act, 2011 the following word has been inserted under Art. 19(1)(c)

(a) Democratic Societies

(b) Registered Societies

(C) Cooperative societies

(d) Cooperative managements

44. Doctrine of Legitimate Expectation was discussed in the following case

(a) Ramakrishna Dalmia vs. Justice Tendolkar

(b) M.C. Mehta vs. Union of India

(d) Food Corporation of India vs. M/s. Kamdhenu Cattle Feed Industries

45. The Supreme Court in Selvi & Ors. vs. State of Karnataka held that compulsory brain-mapping and polygraph tests and narco-analysis is were in violation of the following Articles of the Constitution.

(a) Articles 23 and 24

(b) Articles 15 and 16

(d) Articles 20 and 21

46. “Passive Euthanasia is permitted in certain cases”-held in

(a) Aruna Ramachandra Shanbaug vs. Union of India

(b) Gian Kaur vs. State of Punjab

(d) State of Maharashtra vs. Chandraben

47. Delivery of goods by one person to another for some purpose upon a contra that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. What is this type of contract called as

(a) Indemnity

(b) Guarantee

(c) Bailment

(d) Pledge

48. The essence of a contract of agency is the agent’s

(a) Representative capacity coupled with a power to affect the legal relations of the principal with third persons.

(b) Power and title to the property that is being dealt with

(d) None of the above

49. “A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act. Whose statement is this?

(a) Halsbury

(b) Salmond

(d) Pollock

50. A’s nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that anybody who discovered the missing boy, would be given the reward of Rs. 500/-, The servant discovered the missing boy without knowing the rewar(d) When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts

(a) Lalman Shukla vs. Gauri Dutt

(b) Donogue vs. Stevenson

(d) Dutton vs. Poole

51. A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question?

(a) Section 59 to 61

(b) Section 22 of 31

(d) Section 55 to 60

52. What property cannot be transferred under Section 6 of Transfer of Property Act, 1882

(a) An easement apart from the dominant heritage

(b) An interest in property restricted in its enjoyment to the owner personallyd etermined

(d) All of the above

53. A transfers property of which he is the owner to B in trust for A and hi intended wife successively for their lives, and, after the death of the surviva for the eldest son of the intended marriage for life, and after his death for A second son. Can the interest so created for the benefit of the eldest son take effect?

(a) Yes

(b) No

(d) None of the above

54. The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under Section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so

(a) Firm Ashok Traders & another vs. Gurumukh Das Saluja & others

(b) M.M.T.C. Ltd. vs. Sterile Industries (India) Ltd.

(d) Magma Leasing Ltd. vs. NEPC Micon Ltd.

55. Which provision of Hindu Marriage Act, 1955 deals with conciliation

(a) Section 23

(b) Section 23(2)

(d) Section 22

56. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court

(a) Section 98

(b) Section 99

(c) Section 89

(d) Section 88

57. Equal pay for Equal work-can be enforced through

(a) Article 39

(b) Articles 14 and 16

(d) Article 309

58. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws mentioned under

(a) Article 352

(b) Article 256

(d) Article 301

59. Justice Ramanandan Committee relates to

(a) Union State relations

(b) Creamy layer

(d) Elections

60. Original Jurisdiction of the Supreme Court is dealt under

(a) Article 226

(b) Article 130

(c) Article 131

(d) Article 124

61. Laws declared by the Supreme Court shall be binding on all courts- mentioned under

(a) Article 142

(b) Article 143

(d) Article 141

62. According to the theory of ‘social utilitarianism’ as propounded by Thering

(a) greatest number of people should get greatest pleasure

(b) the essential body of legal rules is always based upon the social “facts of law

(d) law is a means to social ends

63. Obstructing Public Servant in discharge of his public functions is a

(a) non bailable offence

(b) bailable offence

(d) none of the above

64. Compensation to Victims of Crime under Criminal Law relates to

(a) Section 336

(b) Section 331

(d) Section 357

65. What persons may be charged jointly and tried together under Section 223 of Cr.P.C.

(a) persons accused of the same offence committed in the course of the same transaction

(b) persons accused of an offence and persons accused of abetment of ora ttempt to commit such offence

(d) all the above

66. “Contravention of contract labour Act would not create employment relationship between contract labour and principal establishment.” It was so held in which case

(a) SAIL vs. National Union Water front Workers

(b) Air India Statutory Corporation vs. United Labour Union & Ors

(d) State of U.P. vs. Jai Bir Singh

67. The Principal regulator envisaged under the Trade Unions Act, 1926

(a) Regulator of trade unions

(b) Inspector of trade unions

(C) Registrar of trade unions

(d) Industrial relations committee

68. A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947. This was upheld in which case

(a) Miss A. Sundarambal vs. Government of Goa, Daman And Diu & others

(b) Ahmedabad Pvt. Primary Teachers’ Association vs. AdministrativeO fficer And Ors

(d) Secretary, Madras Gymkhana Club Employees Union vs. Management of The Gymkhana

69. The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to as

(a) Permanent partial disablement

(b) Permanent total disablement

(d) Temporary total disablement

70. The contribution payable under the ESI Act in respect of an employee shall comprise of

(a) contribution payable by the employer only

(b) contribution payable by the employee only

(d) contribution payable by employer and employee

71. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid-off to claim for compensation

(a) Section 25-0

(b) Section 26

(c) Section 25-C

(d) Section 25-M

72. Natural law is the idea that

(a) there are rational objective limits to the power of legislative rulers.

(b) there are no limits to the power of legislative rulers.

(d) Law is the command of the sovereign

73. H.L.A. Hart’s name is associated with the book

(a) Province and Function of law

(b) The Concept of Law

(d) Theories of Social Change

74. Section 9 of the Hindu Marriage Act, 1955 deals with

(a) Restitution of Conjugal Rights

(b) Void Marriages

(d) Grounds of Divorce

75. Daughter is equated with the son with reference to joint family property under

(a) Hindu Succession Amendment Act 2002

(b) Hindu Succession Amendment Act 1976

(d) Hindu Succession Amendment Act 2005

76. Mubarac at under Muslim law refers to

(a) Divorce at the instance of Wife

(b) Cruelty

(d) Ila

77. The discriminatory aspects of Section 10 of Indian Divorce Act now Divorce Act was removed by substituting new section by the

(a) Indian Divorce Amendment Act of 2001

(b) Divorce Amendment Act of 2002

(d) Indian Divorce Amendment Act of 2012

78. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the tribunal for winding up of the company. The petition

(a) is liable to be dismissed

(b) will succeed

(d) will not be admitte(d)

79. Amalgamation of Companies in National Interest is dealt under

(a) Section 388 of the CompaniesAct

(b) Section 378 of the Companies Act

(C)Section 396 of the Companies Act

(d) Section 390 of the Companies Act

80. Under Section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than

(a) 21 days

(b) 30 days

(d) 14 days

81. A private limited company limits the number of members to

(a) 30

(b) 50

(d) 150

82. Contributory negligence means

(a) The failure by a person to use reasonable care for the safety of either of himself or his property

(b) Volunteer to pay for the negligence of others

(d) Inciting others to commit civil wrong.

83. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, 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.-Held in the case of

(a) Francis Caroli vs. State

(b) Shriram Food and Fertilisers case

(d) State of Punjab vs. Mahinder Singh Chawla

84. “A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”-Whose Statement is this

(a) Winfield

(b) Salmond

(d) Griffith

85. Under Section 20 of the M.V. Act if a person is convicted of an offence punishable under Section 189 of the Motor Vehicles Act, the court shall ordinarily order for

(a) Imposing penalty only

(b) Punishment only

(d) Disqualification under the Act

86. Consumer Protection Act was brought into operation in the year

(a) 1987

(b) 1986

(d) 1984

87. Under Consumer Protection Act, the jurisdiction of the District Forum shouldn ot exceed rupees

(a) Fifty Thousands

(b) Twenty Five Thousands

(d) Twenty Lakhs

88. The Second principle of Rule of Law of A.V. Dicey relates to

(a) Equal protection of the laws

(b) Equality before law

(d) Administrative Courts

89. If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ should be

(a) Mandamus

(b) Habeas Corpus

(d) Certiorari

90. A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323 A and Clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case

(a) L. Chandra Kumar vs. Union of India

(b) Kihota Hollohon vs. Zachilhu

(d) Rajendra Singh Rana vs. Swami Prasad Maurya

91. Accepting any other satisfaction than the performance originally agreed is known as

(a) reciprocal agreement

(b) reciprocal acceptance

(d) accord and satisfaction

92. “Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in respect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it.” In which case the principle was down so:

(a) Clegg vs. Hands

(b) Kapur Chand vs. Himayat Ali Khan

(d) Hadley vs. Baxendale

93. When a misrepresentation has been made, what are the alternative courses open to an aggrieved

(a) He can avoid or rescind the contract

(b) He can affirm the contract and insist on the misrepresentation being made

(d) All of the above

94. A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was caused by…….. Court considered the relationship between the parties to reach the decision.

(a) Coercion

(b) Misrepresentation

(C) Undue influence

(d) Estoppel

95. “The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed” Whose statement is this?

(a) Lord Black

(b) Henderson

(C)Anson

(d) Salmond

96. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic

(a) Balfour vs. Balfour

(b) Donogue vs. Stevenson

(d) Birch vs. Birch

97. According to the Indian law in a lawful contract, consideration

(a) Must move from promise only

(b) May move from promise or any other person

(d) None of the above

98. Raghav owes Murli Rs.10,000/-. This debt is time barred by the limitation Act. Even then Murli, promises in writing to pay Raghav Rs.4,500/-on account of debt and signs the document. This contract is

(a) Enforceable

(b) Unenforceable

(d) None of the above

99. An agency can be terminated by

(a) Agreement between parties

(b) By renunciation by the agent

(d) All the above

100. Which type of loss are not covered by a contract of indemnity

(a) Loss arising from accidents like fire or perils of the sea

(b) Loss caused by the promisor himself or by a third person

(d) None of the above

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