All India Bar Examination - IV (D) Question and Answers
All India Bar Examination - IV (D)
1. Who categorized the subject
of jurisprudence as 'Expositorial Jurisprudence' and censorial Jurisprudence?
1 point
A. Holland;
B. Bentham;
C. Kelsen;
D. Paton
2. Who described Jurisprudence
as Lawyer's Extra version?
1 point
A. Savigny,
B. Salmond;
C. Julius Stone;
D.
Buckland.
3. “Fiction Theory' is related
to which of the following concepts?
1 point
A. Ownership;
B. Liability;
C. Justice;
D. Legal
personality.
4. The Consumer Protection Act
was enacted in:
1 point
A. 1985;
B. 1986;
C. 2005;
D. 2008.
5. Appeal against the award of
Claims Tribunals under the Motor Vehicles Act 1988 can be made under:
1 point
A. Section 171;
B. Section 172;
C. Section 173;
D. Section
174.
6. The amendment in Motor
Vehicles Act in 1994, the compensation in case of death of the person is:
1 point
A. Rs. 25,000;
B. Rs. 50,000;
C. Rs. 70,000;
D. Rs.
90,000
7. Under the vicarious
liability, the liability is:
1 point
A. Joint;
B. Several;
C. Both (i) and (ii);
D. Either
of the above depending upon facts and circumstances of the case
8. In Torts, in case of
Defamation:
1 point
A. Intention to defame is not necessary;
B. Intention to defame is necessary;
C. Both (i) and (ii);
D. Either
(i) or (ii).
9. When was the Advocate Act
introduced?
1 point
A. 1962;
B. 1959;
C. 1961;
D. 1966;
10. The Bar Council of India
consist of following as ex-officio member
1 point
A. Attorney General of India;
B. Solicitor General of India;
C. Both a & b;
D. None
of the above.
11. Indian Bar Committee was
constituted first time under the chairmanship of Sir Adward Chamier in the
year:
1 point
A. 1927;
B. 1961;
C. 1949;
D. 1923.
12. Power of Disciplinary
Committee under the Advocate Act is provided under:
1 point
A. Section 42;
B. Section 53;
C. Section 40;
D.
Section 36.
13. The Indian council of
Arbitration was established in:
1 point
A. 1956;
B. 1976;
C. 1965;
D. 1996.
14. Lex Arbitri Means
1 point
A. Arbitral tribunal sitting in India can apply the buy the Singapore;
B. Just Law;
C. Arbitrary Law;
D. None
of these.
15. In India the Arbitration
& Conciliation Act was enacted in
1 point
A. 1992;
B. 1993;
C. 1994;
D. 1996.
16. Section 10 sub section (i)
of the Arbitration & Conciliation Act talks about
1 point
A. Power of Arbitration;
B. Numbers of Arbitrations;
C. Capacity of Arbitrations;
D. None
of the above.
17. A Sunni Muslim marries
with Kitabya girl. the marriage is:
1 point
A. Valid;
B. Void;
C. Irregular;
D. None
of these.
18. The Dissolution of Muslim
Marriage Act, 1939 is based on which School of Muslim law:
1 point
A. Hanafi School;
B. Shafi School;
C. Maliki School;
D. Zaidi
School.
19. Under the Hindu Adoption
and Maintenance Act, 1956 a female Hindu has the capacity to take a son or
daughter in adoption if:
1 point
A. She is not married;
B. She is married;
C. She is widow and has no son or daughter but has a widowed daughter in
law
D. She
cannot adopt at all.
20. A child born of void and
voidable marriage under hindu law is:
1 point
A. Legitimate;
B. Illegitimate;
C. Illegal;
D. None
of these.
21. The father of which of the
leader has been the Deputy Prime Minister of India?
1 point
A. Kumari Mayawati;
B. Mrs. Meira Kumar;
C. Mrs. Pratibha Devi Singh Patil;
D. Mrs.
Vasundhara Raje
22. Who was the Constitutional
Advisor to the Constituent Assembly of India?
1 point
A. Dr. Rajendra Prasad; ·
B. Dr. B.R Ambedkar;
C. B.N Rao;
D.
Jawaharlal Nehru.
23. The concept of 'Judicial
Review' in India is based on:
1 point
A. Procedure established by law;
B. Due process of law;
C. Rule of law;
D.
International treaties and convention.
24. Protection of environment
is a:
1 point
A. Constitutional Duty;
B. Directive Principle;
C. Fundamental Duty;
D. Both
(B) & (C).
25. The item 'Education'
belongs to the:
1 point
A. Union List;
B. State List;
C. Concurrent List;
D.
Residuary Subjects.
26. While interpreting the
phrase "equality before the law”contained in Article 14 of the
Constitution, the Supreme Court constantly maintained that equality means:
1 point
A. Absolute equality among human beings;
B. Equal treatment to all persons;
C. Among equals, the law should be equal and should be equal and should
be equally administered;
D. Both
(B) & (C).
27. The number of Fundamental
Rights available in Constitution of India are:
1 point
A. Six;
B. Seven;
C. Eight;
D. Ten.
28. Which one of the following
Fundamental Rights was described by Dr. B.R. Ambedkar as 'the heart and soul of
the Constitution'?
1 point
A. Rights to equality;
B. Rights to Freedom of Religion;
C. Rights to Constitutional Remedies;
D. All
the above.
29. What is the period of
appointment of the Comptroller and Auditor-General of india
1 point
A. 6 years;
B. Upto 65 years of age;
C. 6 years or 65 years of age whichever is earlier;
D. Upto
62 years of age.
30. Which of the following
Writs is a bulwark of personal freedom?
1 point
A. Quo Warranto;
B. Mandamus;
C. Habeas Corpus;
D.
Certiorari.
31. Supremacy of law, Equality
before law, and predominance of legal Spirit are the basic principles of
doctrine of
1 point
A. Colorable Legislation;
B. Doctrine of 'Separation of Powers”;
C. Doctrine of Rule of Law';
D.
Doctrine of 'Excessive delegation'.
32. "Rule of Law is the
antithesis of arbitrariness in all civilized societies. It has come to be
regarded as mark of a free society. It seeks to maintain the balance between
the opposite notions of individual liberty and public order” this was opined by
whom in famous 'Habeas Corpus' case?
1 point
A. Justice H.R Khanna;
B. Cheif Justice Ray;
C. Justice Chandrachud;
D.
Justice' Bhagwati.
33. Maxim" delegatus non potest
delegare' means
1 point
A. A delegate can further delegate;
B. A delegate cannot further delegate;
C. A delegate must protest delegation objectively;
D. None
of the above.
34. Consumer Protection Act
1986 is predominantly based on UN General Assembly resolution with due
negotiations in the:
1 point
A. UNCITRAL;
B. UNCTAD;
C. UN ECOSOC;
D. None
of the above.
35. Which of the following is
irrelevant fact under Evidence Act, 1872?
1 point
A. facts regarding motive;
B. facts regarding statements without related conduct;
C. facts regarding statements clubbed with conduct;
D. facts
which make other relevant fact as highly probable.
36. Test of Competency of
witness is:
1 point
A. Her being intelligent;
B. Must be major;
C. Understanding the nature of question;
D. Capable
of understanding the nature of question and giving rational answer.
37. Which one is exception to
rule of hearsay evidence?
1 point
A. dying declaration;
B. facts forming part of same transaction;
C. facts forming plea of alibi;
D. facts
regarding character of accuse.
38. Communication between
husband and wife is treated as privileged if communication:
1 point
A. Was made during marriage with promise of confidentiality;
B. Was made during marriage, even without promise of confidentiality;
C. Was made before marriage with promise of confidentiality;
D. Is
made after marriage.
39. Leading questions can be
asked even without permission of court during
1 point
A. Examination-in-Chief;
B. Cross Examination;
C. Re-examination;
D. All of
the above.
40. What do you mean by word
"evidence'?
1 point
A. Every fact connected with case;
B. Facts introduced in court of law;
C. Both;
D. None.
41. What is fact in issue?
1 point
A. Facts involved indirectly;
B. Necessary facts to arrive or determine rights, liability or immunity;
C. Both;
D. None.
42. Relevant fact is?
1 point
A. Facts logically relevant to any fact in issue;
B. Facts legally relevant to any fact in issue;
C. Both;
D. None.
43. The term
"Lock-out" under the Industrial Dispute Act defined in:
1 point
A. Section 2(1);
B. Section 2(0);
C. Section 3(1);
D.
Section 2(M).
44. The term
"Lay-off" has been defined under the Industrial Dispute Act:
1 point
A. Sec 2(KKK);
B. Sec 2(0);
C. Sec 2(1);
D. Sec
3(1).
45. The Trade Union Act was
enacted:
1 point
A: 1926;
B. 1946;
C. 1947;
D. 1988.
46. The term “Minimum Wage”
has been described in:
1 point
A. The Trade Union Act;
B. The Industrial Dispute Act;
C. The Minimum Wage Act;
D. None
of the above.
47. The Minimum Wages Act was enacted:
1 point
A. 1921;
B. 1923;
C. 1947;
D. 2007.
E. None
of these
48. The trade Union Act
provide for:
1 point
A. registration of trade union;
B. registration of trade union for workers;
C. recognition of registration of trade union as Juristic Persons;
D. All
of the above.
49. Foreign court under
section 2(5) of CPC means:
1 point
A. A court situation outside India;
B. A court situated outside India the authority of Government of India;
C. A court situated in India applying foreign law;
D. All of
these.
50. Judgment under section
2(9) means:
1 point
A. A decree;
B. Dismissal of an appeal;
C. Statement of grounds of an order or decree;
D. All
the above.
51. Principle of Res-sub
Judice is provided in:
1 point
A. Section 10 of CPC;
B. Section 11 of CPC;
C. Section 13 of CPC;
D.
Section 14 of CPC.
52. Doctrine of Res-judicata
as contained in section 11 of CPC is based on the maxim:
1 point
A. Nemo debet his vexari pro uno eteadem causa;
B. Interest republicae at sit finis litium;
C. Both (a) & (b);
D. Either
(a) or (b).
53. Principle of Res-judicata
applies:
1 point
A. Between Co-defendants;
B. Between Co-plaintiffs;
C. Both (a) & (b);
D. Neither
(a) nor (b).
54. Validity of a foreign
judgment can be challenged under Section 13 of CPC:
1 point
A. In a civil court only;
B. In a criminal court only;
C. In both civil and criminal court;
D.
Neither in civil nor in criminal court.
55. Under section 15 of CPC,
every suit shall be instituted in:
1 point
A. The district court;
B. The court of the lowest grade;
C. The court of higher grade;
D. All of
the above.
56. “X” residing in Delhi,
publishes statements defamatory to "Y" in Calcutta. “Y” can sue
"X" at:
1 point
A. Delhi;
B. Calcutta;
C. Anywhere in India;
D. Either
in Delhi or in Calcutta.
57. A suit for damages for
breach of contract can be filed, at a place:
1 point
A. Where the contract was made;
B. Where the contract was to be performed or breach occurred;
C. Anywhere in India;
D. Both
(a) and (b).
58. In every plaint, under
section 26 of CPC, facts should be proved by:
1 point
A. Oral evidence;
B. Affidavit;
C. Document;
D. Oral
evidence as well as document.
59. Which of the following is
correct of a standard form contract?
1 point
A. It is a valid contract;
B. One party has no choice but to accept and sign the contract;
C. Both (i) and (ii);
D. The
consent is not a free consent.
60. As a general rule, an
agreement made without consideration is------------
1 point
A. Void;
B. Voidable;
C. Valid;
D.
Unlawful.
61. A contingent agreement
based on an impossible event under Section 36 is
1 point
A. Void:
B. Void till impossible is known;
C. Void when even becomes impossible;
D.
Voidable.
62. The consensus ad-idem
means:
1 point
A. General consensus;
B. Reaching an agreement;
C. Meeting of minds upon the same thing in the same sense;
D. All
the above.
63. In famous Carlill v.
Carbolic Smoke Ball Co., (1893) 1 QBD 256, the Hob'ble Court held that the
Contract was accepted on being---------------
1 point
A. Communicated;
B. Acted upon;
C. Refused;
D. Advertised.
64. Inadequacy of
consideration does not make the contract
1 point
A. Void;
B. Voidable;
C. Unenforceable;
D.
Neither void or voidable
65. A jus in personam means a
right against
1 point
A. A specific person;
B. The public at large;
C. A specific thing;
D. None
of these.
66. Exposure of goods by a
shopkeeper is-----------------
1 point
A. Offer for Sale;
B. Invitation to Offer;
C. Offer;
D.
Acceptance.
67. An agreement to remain
unmarried------------
1 point
A. Valid;
B. Void;
C. Voidable.
D.
Unenforceable.
68. An agreement enforceable
at law is----------------
1 point
A. Enforceable acceptance;
B. Accepted offer;
C. Approved promise;
D. Contract.
69. An agreement shall be void
for:
1 point
A. Mistake of fact by one party;
B. Mistake of fact by both the parties;
C. Mistake of foreign law;
D. All the above.
E. None
of these
70. Void agreement signifies:
1 point
A. Agreement illegal in nature;
B. Agreement not enforceable by law;
C. Agreement violating legal procedure;
D.
Agreement against public policy.
71. A proposal when accepted
becomes
1 point
A. Promise under Section 2(b);
B. Agreement under Section 2(e);
C. Contract under Section 2 (H);
D. None
of the above.
72. Offer under Section 2(a)
is
1 point
A. Communication from one person to another;
B. Suggestion by one person to another;
C. Willingness to do or abstain from doing an act in order to obtain the
assent of other thereto;
D. None
of the above.
73. Which of the following
statement is incorrect
1 point
A. Specific relief act, 1963, extends to the whole of India except state of
Jammu and Kashmir;
B. Specific performance is granted where there exists no standard for
ascertaining damage;
C. Where the aggrieved party can be adequately compensated in money, he
will get only a decree for damages and not the recourse not the recourse to
D. None
of the above.
74. Which the following is the
correct statement:
1 point
A. Under Sec.7 the suit may be for recovery of special movable property or,
in the alternative, for compensation;
B. Under Sec.8, pecuniary compensation is not an adequate relief to the
plaintiff for the loss of the article and the relief prayed is for injunction
restraining the defendant from disposing of the article or otherwise injuring
or concealing it, or for return of the same;
C. Both (a) and (b) are correct;
D. All
are incorrect.
75. Transfer of property Act,
1882 Unborn person acquires vested interest on transfer for his benefit under
transfer of property act
1 point
A. Upon his birth;
B. 7 days after his birth;
C. 12 days after his birth;
D. None
of all.
76. Which Selig transfer of
property Act deals with onerous gift
1 point
A. Section 127;
B. Section 126;
C. Section 125;
D.
Section 124.
77. The Negotiable Instruments
Act, 1881 came into force on
1 point
A. 9th December, 1881;
B. 19th December, 1881;
C. 1st March, 1882;
D. None
of the above.
78. The term “Negotiable
instrument is defined in the Negotiable Instrument Act, 1881, under section:
1 point
A. Section 12;
B. Section 13;
C. Section 13A;
D.
Section 13B.
79. The existence of statutes
of limitation are due to:
1 point
A. Long dormant claims have more of cruelty than justice in them;
B. The defendant may have lost the evidence to dispute the stale claim;
C. Persons with good causes of action should pursue them with reasonable
diligence;
D. All
the above.4
80. Limitation Act is
applicable to
1 point
A. Civil suits;
B. Criminal cases;
C. Both of the following is correct;
D. Civil,
all the above.
81. Upon failure to hold
Statutory Meeting, the penalty for the defaulting Company shall be
1 point
A. Rs. 500 per day of default;
B. Wound up;
C. Rs. 1000 per day of default;
D. None
of these.
82. Free transferability of
shares is mandatory in a
1 point
A. Listed Company;
B. Company Ltd by shares;
C. Public Ltd. Company;
D.
Foreign Company.
83. The Memorandum of
Association of a listed company shall be as per
1 point
A. Table A;
B. Table B;
C. Table C;
D. Table
D.
84. Which of the following
clause from Memorandum of Association cannot be amended?
1 point
A. Objects Clause;
B. Liability Clause;
C. Association Clause;
D. Registered office Clause.
E. None
of these
85. In the IPC, nothing is an
offence which is done by a Child under:
1 point
A. Eight years;
B. Ten years;
C. Seven years;
D. Twelve
years.
86. Right of private defence
of the body extends to voluntarily causing death if the offence, which
occasions the exercise of right:
1 point
A. Reasonably causes apprehension that death will be caused;
B. Reasonably causes apprehension that simple injury will be caused;
C. is of escaping with stolen property immediately after the theft;
D. is of
arresting a person who is running away after having committed an offence of
voluntarily causing hurt.
87. Under Sec. 498 A, the
'Cruelty' means and includes:
1 point
A. Theft;
B. Dacoity;
C. Murder;
D. Rape.
88. What is the offence where
preparation itself of a offence is punishable:
1 point
A. Theft;
B. Dacoity;
C. Murder;
D. Rape.
89. In Rex v. Govinda the
points of distinction between the two provisions of the of the IPC were
explained:
1 point
A. Section 34 and Section 149;
B. Section 302 and Section 304;
C. Section 299 and Section 300;
D.
Section 403 and Section 405.
90. A has sexual intercourse
with his own wife aged about 14 years with her consent. A committed:
A. No offence;
B. Offence of Rape;
C. Intercourse with own wife is not Rape;
D. As
there was consent hence A cannot be held guilty for the offence rape.
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