Solved Papers 13 English

ALL INDIA BAR EXAM-2023 (AIBE-XVII)

[Date of Exam-5-02-2023]

1. Section 12 of Hindu Maintenance and Adoption Act, 1956 deals with

(a) Rights of adoptive parents to dispose of their properties

(b) Effects of adoption

(d) Cancellation of adoption

2. Which of the following categories of cases will not be entertained as Public Interest Litigation (PIL)?

(a) Family Pension

(b) Petitions from riot victims

(d) Landlord-Tenant matter

3. Who is known as Father of Public Interest Litigation in India?

(a) Justice A. N. Ray

(b) Justice Y.V. Chandrachud

(d) Justice P.N. Bhagwati

(c) Justice R.S Pathak

4. Which of the following is not a real purpose of Public Interest Litigation?

(a) Vindication of the rule of law

(b) Facilitate effective access to Justice

(d) Getting famous and making wealth

5. In Hussainara Khatoon vs. State of Bihar, fundamental right.

(a) Right to Speedy Justice

(b) Right to Clean Environment

(d) None of these

6. Which of the following writ can be issued against usurpation of public office?

(a) Writ of Mandamus

(b) Writ of Certiorari

(c) Writ of Quo Warranto

(d) Writ of Prohibition

7. Ridge V. Baldwin’s case deals with

(a) Corporation

(b) Natural Justice emerged as a basic

(d) Delegated Legislation

8. Meaning of “Audi alteram partem”:

(a) A person cannot be condemned without being heard

(b) An adjudicating authority must give a speaking order

(d) No one should fear the courts.

9. Rules made by Bar Council of India in exercising its rule making power under ——

(a) The Advocates Act, 1951

(b) The Advocates Act, 1954

(c) The Advocates Act, 1961

(d) The Advocates Act, 1964

10. Which one of the following is not a ground of divorce in the Hindu Marriage Act?

(a) Mental Disorder

(b) Venereal Disease in communicable form

(d) Living separately for less than three months.

11. Indian Christians can obtain divorce under which of the following enactments?

(a) Special Marriage Act, 1954

(b) Christian Marriage Act, 1872

(c) Indian Divorce Act, 1869

(d) Special Marriage Act, 1872

12. If any Advocate is aggrieved by an order of Disciplinary Committee of State Bar Council made under Section 35 of the Advocate Act or Advocate General of the State may prefer and appeal to the Bar Council of India within days of the date of communication of order.

(a) 30

(b) 45

(c) 60

(d) 90

13. ABC Private Limited Company choose to convert itself into a Public Company. It can do so by altering its Memorandum of Association and Articles of Association and by passing Protection?

(a) Ordinary Resolution

(b) Special Resolution

(d) None of these

14. “Doctrine of lifting of or piercing the corporate veil” is associated with

(a) Labour Law

(b) Company Law

(d) Service Law

15. Under which Section of The Environment (Protection) Act, 1986, an appeal to National Green Tribunal (NGT) lies?

(a) Section 4A

(b) Section 5A

(d) Section 7A

16. Which one of the following Fundamental Duties relates to Environmental

(a) Article 51A(b)

(b) Article 51A (g)

(d) Article 51A (k)

17. Mr. A who was aggrieved by an order made by Controller or an officer, made an appeal to Cyber Appellate Tribunal. Later Mr. A aggrieved by an order of Cyber Appellate Tribunal, may prefer an appeal

(a) In any District Court

(b) In Higher Tribunal

(c) Only in High Court

(d) Only in Supreme Court

18. Mr. X, a person who is intended by Mr. Y an originator to receive the electronic record is, under the IT Act, known as …..

(a) Intermediary

(c) Addressee

(b) Originators Agent

(d) Key Holder

19. The minimum number of members required for registration of a trade union is.

(a) 2

(b) 3

(d) 7

20. The text of the Certified Standing Orders shall be prominently posted by the employer in ——- workmen. and in the language understood by the Majority of his workmen.

(a) Hindi

(b) English

(d) Language specified in 8th Schedule of the Constitution

21. An advocate may, while practicing, take up teaching of Law in any educational institution which is affiliated to a University, so long as the hours during which he is so engaged in the teaching of Law do not exceed……….. hours in a day.

(a) 5

(b) 3

(d) 4

22. In which of the following landmark case the advocate was held guilty of professional misconduct as he had forged the Court order?

(a) Pratap Narain V. Y.P. Raheja

(b) Vikramaditya V. Smt. Jamila Khatoon

(d) Smt. P. Pankajam V. B. H. Chandrashekhar

23. Suppose road accident occurs, then being an Advocate what is the correct way of approaching the situation?

(a) FIR> Petition>Summon to Insurance Company

(b) Petition> FIR > Summon to Insurance Company

(d) FIR > Summon to Insurance Company > Petition

24. The principle of “Ubi jus ibi idem remedium” was recognized in

(a) Winterbottom vs. Wright

(b) Chapman vs. Pickersgill

(c) Ashby vs. White

(d) Rylands vs. Fletcher

25. Gloucester Grammar School Case is a landmark case based on which of the following maxim?

(a) Damnum sine injuria

(b) Injuria sine damnum

(d) Audi alteram partem

26. The National Consumer Disputes Redressal Commission under Consumer Protection Act, 2019 shall have the jurisdiction to complaints where the value of the goods or services paid as consideration exceeds Rs.

(a) 1 Crore

(b) 10 Crores

(d) 100 Crores

27. Under Section 41 of Consumer Protection Act, 2019 an appeal from the order of District Commission lies to

(a) State Commission

(b) Consumer Tribunal

(d) High Court

28. For an individual to be deemed to be resident in India in any previous year one of the condition is:

(a) If he is in India for a period of 182 days or more during the previous year.

(b) If he is in India for a period of 180 days or more during the previous year.

(d) If he is in India for a period of 360 days or more during the previous year.

29. Mr. Kapoor purchased a residential house in January, 2021 for Rs. 80,00,000. He sold the house in April, 2022 for Rs. 94,00,000. In this case the gain of Rs.14,00,000 arising on account of sale of residential house will be charged to tax under which of the following head?

(a) Income from capital gains

(b) Income from house property

(d) Income from other sources

30. A person who has ultimate control over the affairs of the factory under Facto- ries Act, 1948 is called as

(a) Occupier

(b) Managing Director

(d) Manager

31. If the factory employs more than 1000 workers, they should appoint qualified ——- to carry out the prescribed duties.

(a) Safety officer

(b) Welfare officer

(d) None of these

32. B, the proprietor of a newspaper, publishes at A’s request, a libel upon C in publication, and all costs and damages of any action in respect thereof. B is the paper, and A agrees to indemnify B against the consequences of the sued by Cand has to pay damages, and also incurs expenses. Decide in the light of the Section 224 of the Indian Contract Act, 1872.

(a) A is not liable to B upon indemnity.

(b) A is liable to B upon indemnity.

(d) None of these

33. A person whom the agent names to act for the principal in the business of agency, under the express or implied authority to name, is called

(a) Sub-agent

(b) Substituted Agent

(d) Procured Agent

34. A ……injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is hereby perpetually enjoined from, the assertion of a right, or from the commission of an act, which could be contrary to the rights of the plaintiff.

(a) Temporary

(b) Perpetual

(d) None of these

35. According to Section 5 of Specific Relief Act, 1963 a person entitled to the possession of specific immovable property may recover it in the manner pro- vided in

(a) The Specific Relief Act, 1963

(b) The Code of Civil Procedure, 1908

(d) The Transfer of Property Act, 1882

36. Where the mortgagor delivers possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property in lieu of interest, or in payment of the mortgage-money, the trans- action is called an mortgage.

(a) Conditional

(b) English

(d) Usufructuary

37. Mr. Manjot is a trader supplying goods from his M/s. Singh Traders. The office of the firm is located in Delhi whereas its godowns are located in the State of Uttar Pradesh, Punjab and Jammu & Kashmir (J & K) respectively. M/ s. Singh Traders made following intra-state supplies from different States during the current financial year.

(i) Delhi-Taxable Supplies: Rs. 21,00,000

(ii) Punjab-Exempted Supplies: Rs. 6,00,000

(iii) Uttar Pradesh-Taxable and Exempted Supplies: Rs. 3,00,000 each respec- tively.

(iv) J & K-Taxable and Exempted Supplies: Rs. 8,00,000 and Rs. 3,00,000 respec- tively.

Ascertain the States in which Mr. Manjot is required to take registration under GST.

(a) Delhi, Punjab, Uttar Pradesh and J&K

(b) Delhi, Uttar Pradesh and J&K

(d) Delhi

38. The primary GST slabs for any regular taxpayers are presently pegged at

(a) 0%, 5%, 12%, 18%, 26%

(b) 0%, 6%, 12%, 18%, 28%

(c) 0%, 5%, 12%, 18%, 28%

(d) 0%, 5%, 12,%, 16%, 28%

39. Which of the following is not a Negotiable Instrument as defined under The Negotiable Instrument Act, 1881?

(a) Promissory Note

(b) Bill of Exchange

(d) Billing Receipt

40. According to Right to Fair Compensation and Transparency in Land Acquisi tion, Rehabilitation and Resettlement Act, 2013 appropriate Government can acquire the land for which of the following purposes?

1. for strategic purposes relating to naval, military, air force, and armed forces of the Union

2. project for water harvesting and water conservation structures, sanita- tion

3. project for project affected families

4. project for sports, health care, tourism, transportation or space programme

(a) 1, 2 and 3

(b) 2, 3 and 4

(d) 1, 2, 3 and 4

41. ‘Specified person’ under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 means any per- son other than

(a) appropriate Government

(b) Government company

(c) association of persons or trust or society wholly or partially aided by the appropriate Government or controlled by the appropriate Government

(d) All of these

42. Who shall be the Registrar of Trade Marks for the purposes of Trade Marks Act, 1999?

(a) Controller-General of Patents, Designs and Trade Marks

(b) Controller-General of Copyright, Designs and Trade Marks

(d) Director-General of Copyright, Designs and Trade Marks

43. Which one of the following is not a type/s of IPR?

(a) Copyright

(b) Patents

(d) Historical Indications

44. In which of the following cases it was decided that a contract with minor is void?

(a) Carlill vs. Carbolic Smokes Ball Co.

(b) Chinnaih vs. Ramaiah

(c) Mohori Bibee vs. Dharmodas Ghose

(d) Harvey vs. Facey

45. Which of the following is/are CORRECT with respect to “Declaratory Decrees” under The Specific Relief Act, 1963?

(a) Section 34 of the said Act deals with it.

(b) It is discretionary in nature.

(c) Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature)

(d) None of these

46. By which of the following Amendment Act of 1985, Anti Defection Law was added in the Constitution of India?

(a) 51st Constitutional Amendment

(b) 52nd Constitutional Amendment

(d) 54th Constitutional Amendment

47. In which one of the following cases the Supreme Court decided that, a consti- tutional amendment is a ‘law’ within the meaning of Article 13(2) and there- fore if it violates any of the fundamental rights it may be declared void?

(a) Sajjan Singh vs. State of Rajasthan

(b) Keshvananda Bharati vs. State of Kerala

(d) Golak Nath vs. State of Punjab

48. Uniform Civil Code in India is:

(a) Fundamental Rights

(b) Directive Principles of State Policy

(d) Constitutional Right

49. As per Article 16, No citizen shall, on grounds only of…… or any of them, be ineligible for, or discriminated against in respect of, any employ- ment or office under the State.

(a) religion, race, caste, sex, descent, place of birth, residence

(b) religion, age, caste, sex, descent, place of birth, residence

(d) religion, race, caste, sex, descent, place of birth, age

50. The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be…..

(a) 2

(b) 3

(d) 5

51. According to the Article 300A of the Constitution of India, No……. shall be deprived of his property save by authority of law.

(a) person

(b) citizen

(d) Indian

52. Which of the following is not Law’ according to Article 13 of Indian Constitu- tion?

(a) Rule

(b) By-laws

(d) None of these

53. Which of the following Schedule deals with Union list, State list and Concur rent list in the Constitution of India?

(a) Schedule 7

(b) Schedule 10

(d) Schedule 12

54. The title of the Constitution of India is laid down in

(a) Article 1

(b) Article 5

(d) Article 393

55. Constitutional provisions of Fundamental Rights (FRs) are given under which part of the Constitution of India?

(a) Part 1

(b) Part II

(c) Part III

(d) Part IV

56. Provisions for Right of Private Defence is given between…….. of IPC.

(a) Sections 74-84

(b) Sections 96-106

(d) Sections 141-160

57. The consent is not a valid consent under Section 90 of IPC:

(a) If given under fear of injury or misconception of fact

(b) If given by person of unsound mind

(d) All of these

58. Causing of the death of child in the mother’s womb is not homicide as pro- vided under

(a) Explanation III to Section 300

(b) Explanation III to Section 299

(d) Explanation III to Section 302

59. Punishment for Defamation under ment for a term which may extend to Indian Penal Code is simple imprison- or with fine or with both.

(a) 2 Years

(b) 3 Years

(d) 5 Years

60. Assault or criminal force to women with intent to outrage her modesty under IPC is which kind of offence?

(a) Non-Cognizable and Bailable

(b) Cognizable and Bailable

(c) Cognizable and Non-Bailable

(d) Non-Cognizable and Nen-Bailable

61. ‘A’ places men with firearms at the outless of a building and tells Z’, that they will fire at ‘Z’, if ‘Z’ attempts to leave the building. ‘A’ is guilty of:

(a) wrongful confinement

(b) wrongful restraint

(c) Both wrongful confinement and wrongful restraint

(d) None of these

62. The provision of ‘Plea Bargaining under Chapter XXIA of CrPC are not appli- cable if the offence is committed against a child below the age of

(a) 12 years

(b) 14 years

(d) 18 years

63. Under Sections 82 and 83 of Indian Penal Code, an offence is punishable if it is done by a child

(a) of below seven years of age

(b) of above seven years of age but below twelve years having attained suffi- cient maturity and understanding

(d) of above seven years of age but below twelve years not having attained sufficient maturity and understanding.

64. Name two essential conditions of Penal Liability.

(a) Guilty Body & Rightful Act

(b) Guilty Intent & Wrong Motive

(c) Guilty Mind & Wrongful Act

(d) Guilty Motive and Wrongful Act

65. Which Sections deal with the processes to compel appearance under Code of Criminal Procedure 1973?

(a) Sections 61 to 90

(b) Sections 154 to 173

(d) Sections 274 to 282

66. An offence for which, a police officer may arrest a person without warrant is known as

(a) Non-cognizable offence

(b) Cognizable offence

(d) None of these

67. In a summons trial case instituted on a complaint wherein the summons has been issued to the accused, the non-appearance or death of the complainant shall entail……

(a) Discharge of the accused

(b) Acquittal of the accused

(d) None of these

68. Suppose F.I.R. is not registered by the Station House Officer. What are the options that the complainant has?

(a) Approach Superintendent of Police

(b) Approach Magistrate by filing Private Complaint

(d) Both (Approach Superintendent of Police) & (Approach Magistrate by fil- ing Private Complaint)

69. Any police officer making an investigation under Section 160 of Cr. P.C. can- not require the attendance of a male, at a place other than the place of his residence who is

(a) under the age of 15 years and above the age of 60 years

(b) under the age of 18 years and above the age of 60 years

(c) under the age of 15 years and above the age of 65 years

(d) under the age of 18 years and above the age of 65 years

70. Section 125 of the Criminal Procedure Code is “SECULAR” in character was observed in which of the following case?

(a) Lalita Kumari vs. State of Uttar Pradesh

(b) Arnesh Kumar’s Case

(c) Mohd. Ahmed Khan vs. Shah Bano Begum

(d) Selvy vs. State of Karnataka

71. Who has the power of summary trial of a case?

(a) Chief Judicial Magistrate

(b) Metropolitan Magistrate

(d) All of these

72. Which Order of Civil Procedure Code deals with Temporary Injunction and Interlocutory Injunction?

(a) Order XXXVIII

(b) Order XXXIX

(d) Order XLI

73. A is a tradesman in Ahmedabad, B carries on business in Delhi. B, by his agent in Ahmedabad, buys goods of A and requests A to deliver them to the West- ern Roadways Transport Company. A delivers the goods accordingly in Ahmedabad. A may sue B for the price of the goods

(a) In Ahmedabad only

(b) In Delhi only

(c) In either Ahmedabad or Delhi

(d) Anywhere in India

74. Which of the following Section of Civil Pro cedure Code deals with the con- cept of Res Judicata?

(a) Section 10

(b) Section 11

(d) Section 13

75. Mr. X, Mr. Y and Mr. Z are jointly and severally liable for Rs. 10,000 under a decree obtained by Mr. A. Mr. Y obtains a decree for Rs. 10,000 against Mr. A singly and applies for execution to the Court in which the joint-decree is being executed. Which of the following option is correct for Mr. A?

(a) Mr. A may treat his joint-decree as cross-decree under Order XXI Rule 18.

(b) Mr. A cannot treat his joint-decree as cross-decree under Order XXI Rule18.

(d) None of these

76. A, B and C are coparceners of Joint Hindu Family. They jointly execute a mortgage in favour of Y. Y files a suit against all of them. Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all. A and B applied to set aside the ex parte decree. The decree will be set aside against

(a) Only C

(b) Only A & B

(c) A, B and C

(d) None of these

77. If someone lies before the Court on affidavit, how it can be tackled by the Advocates?

(a) Perjury Application can be filed.

(b) Withdraw from the case.

(d) Pay the fine for the same.

78. Proclamation for person absconding shall be published as follows:

(I) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(ii) It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

(iii) A copy thereof shall be affixed tosome conspicuous part of the Court- house:

(iv) The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(a) Only ii, iii, iv are correct

(b) Only ii and iii are correct.

(d) All i, ii, iii, iv are correct.

79. Which of the following statement is incorrect?

(a) First appeal can be on question of fact or law or both.

(b) Second appeal can be on substantial question of law only.

(c) Second appeal can be on question of fact or law or both.

(d) First appeal may or may not be in the High Court, Second appeal has to be in the High Court.

80. As per Order VI, Pleading shall mean?

(a) Plaint

(b) Written Statement

(c) Both Plaint and Written Statement

(d) None of these

81. Which of the following Order deals with “Death, Marriage and Insolvency of Parties”?

(a) Order XX

(b) Order XXI

(c) Order XXII

(d) Order XXIII

82. The doctrine of ‘Res Gestae’ has been discussed in which Section of the Evi- dence Act?

(a) Section 5

(b) Section 6

(d) Section 11

83. When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872?

(a) Section 17

(b) Section 18

(c) Section 19

(d) Section 21

84. Judicial Evidence means

(a) Evidence received by Courts in proof or disproof of facts

(b) Evidence received by Police Officer

(d) Evidence received by Tribunal

85. Which of the following is not a ‘document’ according to the Indian Evidence Act, 18727

(a) An inscription on a metal plate or stone

(b) A map or plan

(d) None of these

86. “Presumptions as to Dowry Deaths” is given under which Section?

(a) 113A

(b) 1138

(d) 114B

87. Which of the following is not ‘Secondary evidence as per Section 63 of Indian Evidence Act, 18727

(a) Copies made from the original by mechanical processes which in them selves insure the accuracy of the copy, and copies compared with such copies.

(b) Copies made from or compared with the original.

(d) Copies not certified under Section 63

88. Which of the following provision of Civil Procedure Code, 1908 deals with the Institution of Suits?

(a) Section 22

(b) Section 24

(c) Section 26

(d) Section 28

89. Defendant shall, within on him present a Written days from the date of service of summon Statement of his defence (ORDER VIII).

(a) 15

(b) 30

(d) 45

90. The Arbitral Tribunal shall not be bound by … in the determination of rules of procedure.

(a) The Code of Civil Procedure, 1908

(b) The Indian Evidence Act, 1872

(d) Both, (The Code of Civil Procedure, 1908) and (The Indian Evidence Act. 1872)

91. Which of the following Section deals with “Arbitration Agreement” in Arbi- tration and Conciliation Act, 1996?

(a) Section 6

(b) Section 7

(d) Section 9

92. Under what circumstances the arbitral proceedings can be terminated?

(1) Final Arbitral award

(2) Interim award

(3) Where the arbitral tribunal issues an order for the termination

(a) I and 3

(b) I and 2

(d) 1 , 2 and 3

93. Under Section 29 of the Arbitration And Conciliation Act, 1996 arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal

(a) shall be made by all members

(b) shall be made by 2/3 majority of its members

(d) shall be made by majority of its members

94. The provision for ‘maintenance pendente lite’ in Hindu Marriage Act, 1955 is given in……

(a) Section 22

(b) Section 23

(C) Section 24

(d) Section 25

95. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 Section 2, if the husband has been insane for a period of:

(a) 1 year

(b) 2 years

(d) 7 years

96. Muslim woman has option to be governed by the provisions of Sections 125 to 128 of Criminal Procedure Code, 1973. Which section of the Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with it?

(a) Section 5

(b) Section 6

(d) None of these

97. Which of the following is not a ground of void marriage under Section 11 of the Hindu Marriage Act?

(a) Bigamy

(b) Degrees of Prohibited Relationship

(d) Child marriage

98. Sapinda Relationship means

(a) 3rd generation (mother), 7th generation (father)

(b) 3rd generation (mother), 5th generation (father)

(d) 2nd generation (mother), 5th generation (father)

99. A leading question may be asked in

(a) Examination-in-chief

(b) Re-examination

(d) None of these

100. Extra-Judicial Confession means

(a) Confessions made either to Police or person other than Judges and Magistrates.

(b) Confessions made before Magistrates,

(d) None of these

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