Solved Papers 9 English – indianlawnotes.com

ALL INDIA BAR EXAM-2018

(AIBE-XIII)-[Date of Exam-23-12-2018]

1. Restrictions may not be imposed on freedoms provided under Article 19 (1)

(a) on this ground

(a) Defamation

(b) Public Order

(d) Security of the state

Ans-(c) Sedition

2. Right guaranteed to citizen only is

(a) Article 21

(b) Article 20

(d) Article 25

Ans-(C) Article 19 (1) (a)

3. President can be removed on the ground of?

(a) Proved Misbehaviour

(b) Incapacity

(d) All the above

Ans-(c) Violation of Constitution

4. The designation ‘Senior Advocates’ is provided under

(a) Section 16. Advocates Act 1961

(b) Section 26, Advocates Act 1961

(d) Section 15, Advocates Act 1961

Ans-(a) Section 16. Advocates Act 1961

5. Right to pre-audience is provided by

(a) Section 33 of Advocates Act 1961

(b) Section 23 of Advocates Act 1961

(d) Section 36 of Advocates Act 1961

Ans-(b) Section 23 of Advocates Act 1961

6. The ‘Contempt of Court’ belongs to

(a) Entry 77 of Union list and entry 14 of State list in the VIIth schedule of Constitution of India-

(b) Entry 70 of Union list and entry 40 of State list

(d) None of these

Ans-(d) None of these

7. Who was the Chief Justice of India when the Concept of PIL was introduced to Indian Judicial System

(a) M. Hidayataullah

(b) A. M. Ahmadi

(d) P.N. Bhagwati

Ans-(d) P.N. Bhagwati

8. The Supre Court of India issued a number of direction for the prevention of Woman in Various forms of prostitution and to rehabilitate their Children Through various welfare measures an so as to provide them with dignity of person means of livelihood and socio-economic development in the case of

(a) Vishaka vs. State of Rajasthan, AIR 1997 Section 3011

(b) Gaurav Jain vs. Union of India, AIR 1997 Section 3021

(d) Sheela Barse vs. Union of India, (1986) 35 Section 596

Ans-(b) Gaurav Jain vs. Union of India, AIR 1997 Section 3021

9. “Hadees” is one of the sources of Muslim law it comprises

(a) Very words of god

(b) Words and actions of the prophet

(d) Analogical decisions

10. Intellectual Property appellate Board is established under which Act

(a) The Copyright Act, 1957

(b) The Patent Act, 1970

(c) The Trademark Act, 1999

(d) The Designs Act, 2000

11. What is the maximum duration within which fast track arbitration must be completed

(a) 6 Months

(b) 12 Months

(d) 24 Months

12. Which one of the following section deals with form of summons?

(a) Section 60

(b) Section 61

(d) Section 64

13. Under Cr. P.C. provisions relating to prosecution of judge is provided under

(a) Section 196

(b) Section 197

(d) Section 199

14. A resides at Hyderabad, B at Calcutta and C at Delhi. A, B and C being together at Allahabad, B and C make a joint promissory note payable on demand, and deliver to A, A may sue B and C:

(a) At Allahabad where the cause of action arises.

(b) At Calcutta, where B resides.

(d) All of the above.

15. Section 25 empowers the Supreme Court to transfer any suit, appeal or other proceeding:

(a) From one High Court to another High Court.

(b) Form one Civil Court in court in one state to another Civil Court in any other state.

(c) Both (A) and (B)

(d) Only (A)

16. In which of the following cases, can C set-off the claim?

(a) A sues Con a bill of exchange for Rs. 500/-, C alleges that A has wrongfully neglected to insure C’s goods and he is liable to pay compensation.

(b) A sues C on a bill of exchange for Rs. 500/-, C holds a decree against A for recovery of debt of Rs.1,000/-.

(d) A and B sues C for Rs. 1,000/-, the debt is due to C by alone.

17. The Latin word ‘Res Ipsa Laquitur’ means:

(a) Things speaks it’s story itself.

(b) Where there is consent there is no

(d) None of the Above

18. In which of the following cases the ‘Principal of common Employment’ was evolved for the first time?

(a) Rylands vs. Fletcher

(b) Priestley vs. Fowler

(d) Wagon vs. Mound

19. Disciplinary Committee of Bar Council is conferred the powers of Civil Court under Code of Civil Procedure 1908 by-

(a) Section 36 of Advocates Act 1961

(b) Section 42 of Advocates Act 1961

(d) Section 28 of Advocates Act 1961

20. Which one of the following is a leading case on ‘Injuria Sine Damnum?

(a) Rylands vs. Fletcher

(b) Ashby vs. White

(d) All of the above

21. Which one is leading case on Strict Liability?

(a) Alen vs. Flood

(b) Rylands vs. Fletcher

(d) Donougue vs. Stevension

22. Section 66A was invalidated by the Supreme Court of India in:

(a) Anvar P.V. vs. P.K. Basheer, (2014) 10 SCC 473.

(b) Shreya Singhal vs. Union of India, AIR 2015 SC 1523.

(d) State (NCT of Delhi) vs. Navjot Sandhu, (2005) 11 SCC 600.

23. Environmental impact assessment (EIA) is mandatory under

(a) Indian Forest Act

(b) Air Act

(d) Environment Protection Act

24. When two or more person, by fighting in a public place disturb the public and the public peace, they are said to commit:

(a) A riot

(b) An affray

(d) None of the above

25. Promotion of “class hatred” in given under:

(a) Section 153-A of the I.P.C.

(b) Section 153-AA of the I.P.C.

(d) Section 144-A of the I.P.C.

26. The distinction between Section 299 and 300 was made clear by Melvill.J. in:

(a) Reg vs. Gorachand Gopee

(b) Reg vs. Govinda

(d) Reg vs. Hayward

27. Which of the following is not a Federal feature of any Constitution

(a) Written Constitution

(b) Double set of Government

(d) Single Citizenship

28. Parliament in exercise of its power to amend under Article 368, may not amend

(a) Preamble

(b) Fundamental Right

(d) Basic Statement

29. Which article starts with “Subject to public order, morality and health”.

(a) Article 14

(b) Article 15

(d) Article 25

30. Section 19 of the Hindu Adoption and Maintenance Act 1956 provides for the Maintenance of:

(a) Wife

(b) Parents

(c) Widowed daughter-in-law

(d) Children

31. Section 30 of the Hindu Successions Act, 1956 deals with:

(a) Woman estate

(b) Testamentary Successions

(d) Female Successions

32. Which one of the following Sections of Cr. P.C. deals with examination of person accused of rape by medical practitioner.

(a) Section 54-A

(b) Section 55-A

(c) Section 53-A

(d) Section 60-A

33. According to Section 167 of the Cr. P.C.an accused person can be remanded to police custody for not more than.

(a) 7 days at one time

(b) 30 days at one time

(c) 15 days at one time

(d) 60 days at one time

34. Which of the following is essential for a valid adoption under the Hindu Marriage Act, 1955?

(a) Datta homam

(b) Actual giving and taking of child

(d) None of the above

35. Hindu male can adopt a female child, if the difference of age between the two is of more than

(a) 15 years

(b) 18 years

(d) 21 years

36. Which of the following relations is not dependent under Section 21 of the Hindu Adoption and Maintenance Act 1956?

(a) Grand Mother

(b) Mother

(d) Daughter

37. A communication made to the spouse during marriage, under Section 122 of the Indian Evidence Act-

(a) Remains privileged even after dissolution of marriage

(b) Does not remain privileged after dissolution of marriage only by divorce

(d) Does not remain privileged in both the case (b) and (c)

38. Which Section of the Indian Evidence Act provides that an accomplice is a competent witness

(a) Section 114 illustration (B)

(b) Section 118

(c) Section 133

(d) Section 134

39. Which is the subject matter of neighbouring rights protection-

(a) Performance

(b) Dramatic work

(d) New varieties and plant

40. Adam Smith has enumerated cannons of taxation which are accepted universally they are:

(a) Equality and Certainty

(b) Equality, convenience and Economy

(d) Equality, Certainty, Convenience and Economy

41. For the first time in India Income tax law was introduced by Sir James Wilson in the year:

(a) 1886

(b) 1868

(c) 1860

(d) None of the above

42. Which one of the following Sections of Cr. P.C. deals with compoundable offence?

(a) Section 319

(b) Section 320

(d) Section 324

43. What is the time limit under Section 468 of Cr. P.C. for taking cognizance:

(a) One year

(b) Two year

(c) Three year

(d) No limit

44. “Industrial establishment” means-

(i) A factory

(ii) A mine

(iii) A plantation

(iv) An industry

(a) (i), (ii), (iii), (iv)

(b) (i), (ii), (iii)

(d) Only (i) (a) 10

45. Strike should be called only if at least support of strike. (Fill in the blank). percent of workers are in

(a) 10

(b) 15

(d) 25

46. Industrial relations cover the following

(i) Collective bargaining

(ii) Labour legislation

(iii) Industrial relations training

(iv) trade unions

(a) (i)

(b) (i) and (ii)

(c) (i), (ii) and (iii)

(d) (i), (ii), (iii) and (iv)

47. The term ‘Suit of a Civil Nature’ refers to:

(a) Private rights and obligations of a citizen.

(b) Political, social and religious question.

(d) All of the above

48. The rule of res Sub-Judice Implies:

(a) Where the same subject matter is pending is a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.

(b) Where the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on.

(c) Where the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.

(d) None of the above

49. A suit brought by a person to recover possession from a stranger of matth property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the math.

(a) The second suit will be barred by Res Judicat(a)

(b) The second suit will not be barred by Res Judicat(a)

(d) None of the above

50. Which among the following is not an ADR method under Section 89 of CPC 1908-

(a) Mini Trial

(b) Judicial settlement Through Lok Adalat

(d) None of the above

51. What is the maximum number of Conciliators allowed in a conciliations proceeding:

(a) 1

(b) 2

(d) None of the above

52. What is the status of a settlement agreement in conciliation proceeding:

(a) Non-binding

(b) Same as a settlement award

(d) None of the above

53. Under Section 118 of the Indian evidence act, a person is a competent witness if he or she-

(a) Is a major

(b) Is not lunatic

(d) Is capable of understanding questions put to him and giving rational answers irrespective of age

54. Which of the following judgement is irrelevant under Section 43 of Indian Evidence Act

(a) Judgement of an insolvency court

(b) Judgement of Criminal Court

(d) Judgement of probate court

55. Under which section of the Indian Evidence Act a witness has been given right to refresh his memory

(a) Section 157

(b) Section 158

(c) Section 159

(d) Section 160

56. “Mandamus” May be issued by

(a) Supreme Court

(b) High Court

(d) Both (a) and (b)

57. The provision for administration tribunals is added by

(a) 42 Amendment

(b) 44th Amendment

(d) 43 Amendment

58. The provision relating to free legal aid is given under

(a) Section 301

(b) Section 304

(d) Section 305

59. Under which one of the following provisions of Cr. P.C. police officer is under an obligation to produce the person arrested before a magistrate within 24 hours of the arrest

(a) Section 56

(b) Section 57

(d) Section 70

60. Who may record confessional statement under Section 164 of the Cr. P.C.?

(a) Police Officer

(b) Judicial Officer

(d) Judicial Magistrate having Jurisdiction only.

61. The provision relating Plea bargaining is not applicable in following offence.

(a) Scio-economic offence

(b) Offence against women

(c) Both (a) and (b)

(d) None of the above

62. When two or more persons agree to do an illegal act or an act which is not illegal by illegal means such an agreement is designated as:

(a) Abetment by conspiracy

(b) Abetment by Aid

(C) Criminal conspiracy

(d) Abement

63. The provisions regarding sedition are given :

(a) Under Section 124 of the I.P.C.

(b) Under Section 124-A of the I.P.C

(d) Under Section 130 of the I.P.C

64. A suit may be dismissed under order IX

(1) Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons (Rule 2)

(II) Where neither the plaintiff nor the defendant appears (Rule 3)

(iii) Where plaintiff, after summons returned unserved, fail for 7 days to apply for fresh summons (Rule 5)

(iv)Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiff’s claim. (Rule 8)

Codes:

(a) (i), (ii) and (iii)

(b) (i), (iii) and (iv)

(d) All of the above

65. The Ex-officio chairman of the council of state is?

(a) The President

(b) Speaker, Lok Sabha

(c) Vice President

(d) None of the above

66. Right to property in India is

(a) Fundamental Right

(b) Constitutional Right

(d) Legal Right

67. Which of the following writs means to produce the body of a person?

(a) Certiorari

(b) Quo warranto

(d) Habeas Corpus

68. Delegated legislation was declared constitutional in?

(a) Berubari case

(b) Re Delhi laws act case

(d) Maneka Gandhi case

69. A Prospectus which does not include complete particulars of the quantum or price of the securities included therein in known as:

(a) Shelf Prospectus

(b) Memorandum

(c) Red Herring Prospectus

(d) Issuing house

70. When there is no profit in one year or the profit of a company is not enough to pay the fixed dividend on preference shares, the arrears of dividend are to be carried forward and paid before a dividend is paid on the ordinary shares. This is called:

(a) Participating preference shares

(b) Cumulative preference shares

(d) Non-Participating preference shares

71. “Industrial dispute” means any dispute or difference between

(i) Employers and employers

(ii) Employers and workmen

(iii) Workmen and workmen

(iv) Master and worker

(a) (i) and (ii)

(b) (iv)

(d) (i), (ii) and (iii)

72. Who among the following cannot transfer an immovable property?

(a) Hindu widow

(b) Muslim widow

(d) Karta or manager of joint Hindu family

73. The doctrine of ‘Lis pendens’ was explained in the leading case of:

(a) Bellamy vs. Sabine

(b) Cooper vs. Cooper

(d) Tulk vs. Moxbay

74. X strike ‘A’. ‘A’ is by this provocation excited to violent range. Y a bystander intending to take advantage of ‘A’s rage and to cause him kill ‘X’, gives a revolver into ‘A’s hand for that purpose. ‘A’ kills ‘X’ with the revolver:

(a) A is liable for committing murder and Y is liable for abetting murder

(b) A is liable for committing culpable homicide and Y is not liable

(d) A is not liable and Y is liable for abetting murder.

75. Right to free Legal Aid was recognised as a fundamental right under Act 21 of Indian Constitution in the case of-

(a) Hussaainara Khatoun vs. Home Secretary, State of Bihar, AIR 1979 SC 1360

(b) M.H. Hoskot vs. State of Maharashtra, AIR 1978 SC 1548

(d) Rudal Shah vs. State of Bihar, (1983) 45 SC 14

76. In which country was the concept of PIL. Originated

(a) United Kingdom

(b) United State of America

(d) Australia

77. A question suggesting the answers which the person putting it wishes or expects to receive is called

(a) Indecent Questions

(b) Leading Questions

(d) Proper Questions

78. Option of puberty is a ground of divorce under Hindu Marriage Act, 1955

(a) Only Husband

(b) Only Wife

(d) None of the above

79. Which Section of the Hindu Marriage Act 1955 provides that a child from a void marriage would be legitimate?

(a) Section 11

(b) Section 13 (a)

(d) Section 16

80. Which of the following appears to contribute to global cooling rather than global warming

(a) Nitrous Oxide

(b) Aerosols

(d) CFC

81. A and B agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of fencing, may be caused without foul play and if A, while playing fairly, hurts commits no offence. The provision are given under:

(a) Section 87

(b) Section 85

(d) Section 88

82. The provision of the right of private defence are given:

(a) Under Section 96-108 of the Indian Penal Code

(b) Under Section 94-106 of the Indian Penal Code

(c) Under Section 96-106 of the Indian Penal Code

(d) Under Section 95-106 of the Indian Penal Code

83. The parties which cannot be compelled to perform specific performances of contract are provided in which section of specific Relief Act:

(a) 27

(b) 28

(d) 30

84. What kind of property is transferable?

(a) Pension

(b) Public office

(d) Any kind of property if not prohibited by law.

85. Which of the following does not come under the ‘immovable property’ as per the T.P. Act?

(a) Sales of a ceiling fan.

(b) Right to claim maintenance.

(d) Easementary right.

86. State of U.P. vs. Nawab Hussain, 1977 SCR (3) 428 relates to:

(a) Res subjudice.

(b) Res judicate.

(C) Constructive resjudicata

(d) Deemed rejudicata

87. X is living in Pune and Y, his brother in Mumbai, X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.

(a) The suit may be instituted in Delhi only.

(b) The suit may be instituted in Bangalore only.

(c) The suit may be instituted either in Delhi or Bangalore.

(d) None of the above.

88. An immovable property held by ‘Y’ is situated at Bhopal and the wrongdoer personally works for gain at Indore. A Suit to obtain compensation for wrong to the property may be institute(d)

(a) At Bhopal

(b) At Indore

(c) Either at Bhopal or at Indore

(d) None of these

89. Under which Section of Income Tax Act, 1961 ‘Income of other persons included in Assessee’s total income

(a) 56-58

(b) 60-65

(d) All of the above

90. period of 12th Months commencing on the 1st day of April of every year is known as:

(a) Assessment year

(b) Leap year

(d) None

91. Which section of the information technology (amendment) Act, 2008 deals with the validity of contracts formed through electronic means:

(a) Section 12

(b) Section 10A

(d) Section 13

92. Joint sitting of both Houses of parliament may be called by the?

(a) Speaker

(b) Chairman

(c) President

(d) Prime Minister

93. Specific relief….. where the agreement is made with minor (fill in the blanks).

(a) Can get

(b) Cannot be given

(d) Implemented with law

94. A person entitled to the possession of specific immovable property may recover in the manner provided by:

(a) The Code of Procedure, Act 1908.

(b) The Indian Registration Act, 1908.

(d) The Transfer of Property Act, 1882.

95. Section 39 of Specific Relief Act deals with

(a) Registration of Instrument

(b) Cancellationof Instruments

(d) None of the above

96. A “dumb witness” gives his evidence in writing in the open court, such evidence would be treated as

(a) Oral evidence

(b) Documentary evidence

(d) Primary evidence

97. Under the Indian Evidence Act, which of the following is not a court

(a) Persons legally authorised to take evidence

(b) Judges

(d) Arbitrators

98. Which of the following Section of the Motor Vehicle Act 1988 defines the term ‘Owner’?

(a) Section 2 (30)

(b) Section 2 (31)

(d)Section 2 (32)

99. Under Land Acquisition Act, 1894 an industrial concern, ordinarily, employing not less than workmen owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the Acquisition of such land, be deemed to be a company for the purpose of this part, and the references to company in [Sections 4, 5A, 6, 7 and 50] shall be interpreted as references also to such concern. Fill in the blanks:

(a) One Hundred

(b) Two Hundred

(d) Four Hundred

100. Under Land Acquisition Act, 1894 the expression “Company” means-

(a) a company as defined in Section 3 of the Companies Act, 1956, other than a Government company referred to in clause (cc);

(b) a company as defined in Section 2 of the Companies Act, 1956, other than a Government Company referred to in clause (c);

(c) a company as defined in Section 1 of the Companies Act, 1956 (1 of 1956) other than a Government referred to in clause (cc);

(d) a company as defined in Section 6 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (c);

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