All India Bar Examination - VI (A) Question and Answers
All India Bar Examination - VI (A)
1. The Criminal Procedure Code
ensures that
1 point
A) Principle of separation of powers of each limb of the State is not
breached
B) Principle of combined of powers of each limb of the state is not
breached
C) (a) and (b)
D)
Principle of separation of powers of each limb of the State is breached.
2. Section 6 of the Cr.P.C.
defines?
1 point
A) Classes of Criminal Courts
B) Classes of District Courts
C) Classes of Municipal Courts
D)
Classes of Civil Courts
3. When an offence is
bailable:
1 point
A) A person has no right to be released on bail upon arrest.
B) A person has a right to be released on bail upon arrest.
C) A right to be released is dependent on the exercise of judicial
discretion.
D) A
person shall be released within 24 hours
4. As per section 273 of
Cr.P.C., how an evidence is to be taken?
1 point
A) In the presence of accused.
B) When personal attendance of the accused is dispensed with, in the
presence of his pleader.
C) In presence of police
D) Both
(a) and (b)
5. If a woman sentenced to
death is found to be pregnant, the High Court shall Order the execution of the
sentence
1 point
A) To be postponed.
B) If thinks fit commute the sentence to imprisonment for life.
C) Sent for medical assistance
D) Non-
Judicial mandate of powers.
6. Under which section of the
Cr.P.C, the procedure when investigation cannot be completed within twenty-four
hours has been described?
1 point
A) Sec.165
B) Sec.167
C) Sec.166
D)
Sec.164
7. What is provided by the
Code of Criminal Procedure 1973?
1 point
A) The Code provides the procedure for the implementation of the criminal
justice system
B) It provides the mechanism for the investigation in to trial of offences
C) The code provides the procedure for the implementation of the civil
justice system.
D) (a)
and (b)
8. As per section 2(c) a
cognizable offence is
1 point
A) Where a police officer may arrest without warrant.
B) Where a police officer may not arrest without warrant
C) Where a police officer may arrest with permission of a court
D) Any
person in the public can arrest
9. Section 100 of the Cr.P.C. refers
to
1 point
A) Seizure
B) Search
C) Summons
D)
Search-warrants
10. Is there any maximum
period for which an under-trial can be detained under Section 436 A of the
Cr.P.C.,
1 point
A) Yes, half of the Maximum period of imprisonment specified for that offence
B) No period is prescribed
C) Court can decide
D)
Maximum 90 days
11. Presumption of law is
1 point
A) Discretionary and rebuttable
B) Mandatory and rebuttable
C) Mandatory and irrebuttable
D) All of
the above
12. In Selvi's case, the
Supreme Court of India examined the constitutionality of tests like Narco
Analysis, Polygraph and Brain Mapping on the touchstones of
1 point
A) Art, 20(3) and Art.21
B) Art.21 and Art.23(2)
C) Art 23 and Art.21
D)
Art.20(2) and Art.20(1)
13. According to the Law
Commission of India 69 th Report, S.27 of the Indian Evidence Act. is based on
the
1 point
A) Doctrine of introspection
B) Doctrine of testimonial incrimination
C) Doctrine of confirmation
D) None
of the above
14. S.99 of the Indian
Evidence Act says persons who are not parties to a document or their
representatives in interest may give evidence of any facts tending to show a
contemporaneous agreement varying the terms of the document. This is based on
the principle
1 point
A) Pacta tertii nec nocent nec prosunt
B) Pacta sunt servanda
C) Action personalis moriturcum persona
D) None
of the above
15. Burden of proving that
person is alive who has not been heard of for seven years is on whom
1 point
A) One who denies it
B) One who affirms it
C) Any third person /stranger
D) None
of the above
16. The Court's discretion to
permit leading questions is confined only to matters which are
1 point
A) Introductory facts
B) Undisputed facts
C) Facts already sufficiently proved to the satisfaction of the court
D) All
the above
17. The question is whether A
murdered B. Marks on the ground produced by a struggle at or near the place
where the murder was committed, are relevant facts under
1 point
A) 5.7
B) S.6
C) 5.8
D) S.11
18. .93 of the Indian Evidence
Act treats the patent ambiguity as
1 point
A) Curable
B) Incurable
C) Proper
D) None
of the above
19. A promise or set of
promises forming consideration to each other - is known as
1 point
A) Proposal
B) Consideration
C) Agreement
D) Contract
20. A past consideration under
Indian Law
1 point
A) Invalid
B) Valid
C) Void
D)
Voidable
21. Caveat emptor means
1 point
A) Purchaser beware
B) Seller beware
C) Things outside commerce
D) A
warning letter
22. Consensus ad idem means
1 point
A) Good faith
B) Opinion of third parties
C) Opinion of the offeree
D) Meeting
of the minds
23. Agreement in restraint of
marriage is
1 point
A) Contingent contract
B) Wager
C) Void
D) Valid
24. A tells B, the shopkeeper,
"Give Z the Goods, I will see you paid" – this contract is
1 point
A) Bailment .
B) Agency
C) Guarantee
D) Indemnity
25. A contract to perform the
promise or discharge the liability of a third person in case of his default -
is a contract of
1 point
A) Guarantee
B) Default
C) Indemnity
D) Partnership
26. “He who does an act
through another, does it himself" - is a contract of
1 point
A) Sale
B) Purchase
C) Agency
D)
Partnership
27. When at the desire of the
promisor, the promisee or any other person has done or abstained from doing something
or does or abstains from doing something or promises to do or abstain from
doing something, such act or abstinence or promise is called a
1 point
A) Proposal
B) Consideration
C) Acceptance
D)
Agreement
28. X owes Y Rs.20,000 but
this debt is barred by Limitation Act. X executes a written promise to pay B
Rs.15, 000 on account of debt. This is
1 point
A) Invalid
B) Void
C) Valid
D)
Voidable
29. When a negotiable
instrument is delivered conditionally or for a special purpose as a collateral
security or for safe custody only, and not for the purpose of transferring
absolutely property therein, it is called
1 point
A) Fictitious Bill
B) Inchoate instrument
C) Escrow
D) Clean
Bill
30. Which one of the following
is a promissory note when A signs the instrument?
1 point
A) I promise to pay B or order Rs. 10,000/ on demand
B) Mr. B! I.Owe. You. Rs. 10,000/
C) I promise to pay B Rs. 10,000/- and such other sums which shall be due
to him
D) I
promise to pay B on his request Rs. 10,000/- on the death of X
31. Transfer of Property Act
applies to transfers
1 point
A) By partition in a joint family
B) Inter vivos
C) Both between animate and inanimate objects
D)
Between living and nonliving persons
32. A transfer's property of
which he is the owner to B in trust for A and his intended wife successively
for their lives, and, after the death of the survivor, for the eldest son of
the intended marriage for life, and after his death for A's second son. The
interest so created for the benefit of the eldest son
1 point
A) Does not take effect
B) Takes effect
C) Partially takes effect
D) None
of the above
33. A transfer of an interest
in specific immoveable property for the purpose of securing the payment of
money advanced or to be advanced by way of loan, an existing or future debt, or
the performance of an engagement which may give rise to a pecuniary liability –
is called of an
1 point
A) Sale
B) Gift
C) Mortgage
D) Lease
34. A lease of immovable
property from year to year, or for any term exceeding one year or reserving a
yearly rent, can be made only by a
1 point
A) Oral agreement
B) Written agreement
C) Partition
D)
Registered instrument
35. Specific performance of
contract can be ordered, at discretion of Court
1 point
A) When the act agreed to be done is such that compensation in money for
non-performance will not give sufficient relief
B) When the act agreed to be done is such that compensation in money for
non-performance will give sufficient relief
C) Contract, performance of which involves a continuous duty, which Court
cannot supervise
D)
Specific performance of contract of personal nature cannot be ordered.
36. Under Section 9 of
Specific Relief Act, the person against whom the relief is claimed may plead by
way of defense any ground which is available to him
1 point
A) Under law of trots
B) Under any law relating to contracts
C) Under IPC
D) Under
Cr.P.C.
37. The following contract
cannot be specifically enforced
1 point
A) A contract the performance of which involves the performance of a continuous
duty which the court cannot supervise.
B) A contract the performance of which involves the performance of a
continuous duty which the court can supervise.
C) A Tort the discharge of which involves the performance of a continuous
D) A
contract for the non-performance of which compensation is not adequate relief
38. A sells a TV to a minor,
who pays for it by means of a cheque. A indorses that cheque to X. X takes it
in good faith and for value. This Cheque was dishonoured on presentation. X can
enforce payment of the cheque
1 point
A) Against Minor
B) Against Minor and A
C) Against A only
D) Cannot
enforce against any body
39. Who has the authority to
prescribed qualifications and disqualifications for membership of a Bar
Council?
1 point
A) State Bar Councils
B) Bar Council of India
C) Supreme Court of India
D)
Supreme Court Bar Association
40. Indian Council of Legal
Aid and Advise v. BCI case deals with the issue of
1 point
A) Prescribing pre-enrolment training for advocates
B) Prescribing minimum qualification for an advocate
C) Prescribing uniform attire for the advocates appearing in the court of
law
D)
Prescribing age bar on enrollment of advocates
41. For transfer of roll from
one state to another, an application is made to the
1 point
A) Bar Council of India
B) State Bar council where one is enrolled
C) State bar council where one seeks transfer
D) High
court of the state where one is enrolled
42. Which of the following
committees cannot be constituted by State Bar Council
1 point
A) Special Committee
B) Disciplinary Committee
C) Legal Aid Committee
D) Legal
Education Committee
43. In which year by an
amendment of the Code of Civil Procedure Sec.89 has been included in the code,
which gives importance to mediation, conciliation and arbitration.
1 point
A) 2002
B) 2004
C) 2013
D) 2012
44. Under THE ARBITRATION AND
CONCILIATION ACT an arbitration agreement may be in the form of
1 point
A) an arbitration clause in a contract only
B) in the form of a separate agreement only
C) an arbitration clause in a contract or in the form of a separate
agreement
D)
commercial custom
45. A decision by the arbitral
tribunal that the contract is null and void shall
1 point
A) Entail ipso jure the invalidity of the arbitration clause.
B) Not entail ipso jure the invalidity of the arbitration clause.
C) Entail defacto invalidity of the arbitration clause.
D) None
of the above
46. The arbitral tribunal
shall not be bound by the
1 point
A) Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
B) The Indian Evidence Act, 1872.
C) Code of Civil Procedure, 1908.
D) None
of the above
47. Claim made by the
defendant in a suit against the plaintiff
1 point
A) Cross claim
B) Cross suit
C) Counter claim
D) Cross
decree
48. Interpleader suit is dealt
with in which of the following sections of C.P.C.?
1 point
A) Section 87
B) Section 88
C) Section 89
D)
Section 90
49. As required by S.80 C.P.C,
the suit can be instituted after the expiry of----- of notice
1 point
A) 1 month
B) 2 months
C) 60 days
D) 30
days
50. Under S.2 (2) of C.PC.
Rejection of a plaint is
1 point
A) Decree
B) Deemed decree
C) Cross decree
D) Cross
appeal
51. Ratilal v. State of Bombay
is a popular case on the point of
1 point
A) Res judicata
B) Res sub-judice
C) Restitution
D) Doctrine
of Cy-pres
52. Pick out the case u/S. 58
(1-A), in which arrest or detention in civil prison is not maintainable.
1 point
A) A judgment debtor, where decretal amount does not exceed Rs. 5,000/
B) A judgment debtor where decretal amount is does not exceed Rs.2,500
C) A judgment debtor where decretal amount is does not exceed Rs.2000/
D) A
judgment debtor where decretal amount is does not exceed Rs.1,000/
53. A precept seeks to
------------------ of the judgement debtor.
1 point
Option 1A) Attach the property
B) Prevent alienation of property
C) Prevent attachment and alienation
D) None
of the above.
54. R.90 of Order 21 deals
with
1 point
A) Pre-sale illegalities committed 9in the execution
B) Post -sale irregularities causing substantial injury to judgment
debtor
C) Both a and b
D) None
of the above.
55. The place of suing in a
suit for partition will
1 point
A) Court within whose jurisdiction the person is residing
B) Court within whose jurisdiction the elder person of the family resides
C) Court within whose jurisdiction the entire property of the family is
situated.
D) Court
within whose jurisdiction the immovable property is situated
56. Appeal against a decree or
order can be filed in a High Court within
1 point
A) 60 days
B) 30 days
C) 90 days
D) 91
days
57. Where, before the
expiration of the prescribed period for a suit or application in respect of any
property or right, an acknowledgement of liability in respect of such property
or right has been made in writing signed by the party against whom such
property or right is claimed, or by any person through whom he derives his
title or liability,
1 point
A) a fresh period of limitation shall be computed from the time when the
acknowledgement was so signed.
B) limitation shall be computed from the time when originally the signature
has been given
C) a fresh period of limitation shall not be computed from the time when
the acknowledgement was so signed.
D) None
of the above
58. The period of limitation
for an action by a principal against his agent for movable property received by
the latter and not accounted for is
1 point
A) 12 years
B) 3 years
C) 5 years
D) No
limitation
59. Which of following is a
ground recognized under the Companies Act for automatic adjournment of the
General Meeting.
1 point
A) Absence of Chairman of the meeting
B) Quorum of the meeting is not present
C) Meeting is held at a place different from what was prescribed in the
notice
D) Death
of any of the directors prior to the meeting
60. Which of the following
meetings can be called by members
1 point
A) Extra-ordinary General Meeting
B) Annual General Meeting
C) Statutory meeting
D)
Special meeting
61. Which of the following
powers can be exercised by the Board of Directors without holding a meeting
1 point
A) Power to issue debentures
B) Power to invest funds of the company
C) Power to make loans
D) Power
to appoint of additional director
62. Which of following is not
a ground for compulsory winding up of a company
1 point
A) Oppression of minority
B) Loss of substratum
C) Non-holding of annual general meeting
D) Losses
to the company
63. Putting or attempting to
put a person in fear of death or grievous hurt in order to commit extortion is
dealt under
1 point
A) Section 385 IPC
B) 386 IPC
C) Section 387 IPC
D)
Section 388 IPC
64. F invited C to have a fix
of his heroin. Each filled his own syringe and injected each other several
times one night. Next morning F died on the question of causation:
1 point
A) C must be convicted of manslaughter
B) must not be convicted of manslaughter
C) C can be convicted for the possession of heroin only
D) C is
neither guilty of possessing heroin nor the death of F
65. Literally, mens rea means
1 point
A) Guilty mind
B) Guilty or a wrongful purpose
C) Criminal intent, a guilty knowledge and willfulness
D) All
of the above
66. In which of the following
cases mens rea is not an essential ingredient for offences under:
1 point
A) Revenue Acts
B) Public Nuisance
C) Criminal case which are in summary mode
D) All
of these
67. Actus non facit reum, nisi
mens sit rea means?
1 point
A) A deed, a material result of human conduct
B) The intent and act must both concur to constitute the crime.
C) Putting to death
D) Un
commended manner
68. Cheating and thereby
dishonesty inducing delivery of property, or the making alteration or
destruction of a valuable security is dealt under
1 point
A) Section 417 IPC
B) Section 418 IPC
C) Section 419 IPC
D)
Section 420 IPC
69. Etymologically what is
meant by Jurisprudence?
1 point
A) Knowledge of law
B) Science of law:
C) Science of origin
D)
Knowledge of origin
70. What is meant by the term
'General Law'?
1 point
A) It consists of general ordinary law of the land.
B) It consists of those legal rules which are taken judicial notice of by
the court
C) It consists of those bodies and legal rules which are exceptional in
nature.
D) (a)
and (b)
71. According to the theory of
social utilitarianism' as propounded by Ihering:
1 point
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
C) a balance is to be struck between the competing interests in society
D) law
is a means to social ends
72. A is the mother of B. She
becomes a widow and re-marries. B dies. Can A succeed to him as mother? (both
are Hindus)
1 point
A) No
B) Yes
C) Depends on their School
D) Only
when B has no sons
73. Referring to Section 6 of
Hindu Minority and Guardianship Act the Supreme Court observed that the words
"after him”does notmean “after the life time of the father'. Indeed it
means 'in the absence of". If the father is non functional as guardian for
various reasons like indifference, physical or mental incapacity, away from the
place where the child lives with the mother, by mutual understanding, it may be
treated as the 'absence of the father. In which case?
1 point
A) Lily Thomas case
B) Sarla Mudgal case
C) Githa Hariharan case
D)
Goverdhan Lal case
74. By a recent amendment the
daughter of a coparcener by birth becomes a coparcener in her own right in the
same manner as the son - Which Amendment?
1 point
A) The Hindu Succession (Amendment) Act, 2004
B) The Hindu Succession (Amendment) Act, 2005
C) The Hindu Succession (Amendment) Act, 2006
D) The
Hindu Succession (Amendment) Act, 2012
75. Shamim Ara v State of U.P.
relates to
1 point
A) The condition precedent for a Muslim husband for rendering divorce is
the pronouncement of divorce which has to be proved on evidence
B) Option of puberty
C) Guardianship in Marriage
D) Dower
76. The provision under the
Industrial Disputes Act, 1947 which guarantees the right of workmen laid off to
claim for compensation
1 point
A) S.25-C
B) S. 26
C) S.25-0
D) S.25-A
77. The number of persons
required to form trade union
1 point
A) 6
B) 7
C) 8
D) 9
78. The temporary closing of
the work place or suspension of the work at work place by the employer is known
as
1 point
A) Lay off
B) Lock out
C) Retrenchment
D) None
of the above
79. Which of the following
acts has a direct relevance for grievance handling practices?
1 point
A) The Industrial Disputes Act
B) Factories Act
C) The Industrial Employment (Standing Order) Act
D) all
the above
80. Section 10A of the
Industrial disputes Act refers to
1 point
A) Voluntary reference of disputes to arbitration
B) Definition of Workman
C) Definition of industry
D)
Appeals
81. “Wages' under Workmen's
Compensation Act
1 point
A) Includes any privilege or benefit which is capable of being estimated
in money
B) Does not include any privilege or benefit which is capable of being
estimated in money
C) Includes any privilege or benefit which is not capable of being
estimated in money
D) None
of the above
82. Writ of Certiorari is
issued against
1 point
A) Lower courts or quasi-judicial bodies
B) Public Officials
C) Wrongful confinement
D)
Usurpation of public office
83. Audi Alteram partem -
means
1 point
A) Bias
B) Hear the other side
C) No one can be a judge in his own case
D) None
of the above
84. The Second Administrative
Reforms Commission is constituted
1 point
A) 31st August 2004
B) 31 August 2006
C) 31% August 2005
D)
31" August 2007
85. The type of damages
awarded in the law of torts
1 point
A) Liquidated Damages
B) Unliquidated damages
C) Penal damages
D)
Exemplary damages
86. Ashby v White is an
example of
1 point
A) Damnum sine injuria
B) Überremifide
C) Injuria sine damnum
D)
Usufruct
87. The Supreme Court of India
invoked the principle of absolute liability on an enterprise carrying on
business with hazardous and inherently dangerous toxic chemicals in
1 point
A) Ganga Pollution case
B) Fletcher case
C) Sri Ram Fertilizers case
D) Prabhu
dayal case
88. Res ipsa loquitor - means
1 point
A) Things speak for themselves
B) Tithes imperiled
C) Vicarious liability
D)
Dangerous animals
89. A motor cycle with engine
capacity not exceeding 50cc may be driven in a public place by a person
1 point
A) after attaining the age of sixteen years
B) after attaining the age of eighteen years
C) after attaining the age of fifteen years
D) after
attaining the age of twenty-one years
90. According to Consumer
protection Act, the National Commission shall have jurisdiction over complaints
where the value of the goods or services and compensation, if any, claimed
exceeds rupees
1 point
A) 2 lakhs
B) 10 lakshs
C) 20 lakhs
D) 50
lakhs
91. New states are created
under
1 point
A) Art. 3 of the Indian Constitution
B) Art. 4 of the Indian Constitution
C) Art.5 of the Indian Constitution
D) Art.
370 of the Indian Constitution
92. Doctrine of pleasure with
reference to civil servants is mentioned under
1 point
A) Art. 311 of the Indian Constitution
B) Art. 308 of the Indian Constitution
C) Art. 301 of the Indian Constitution
D) Art.
310 of the Indian Constitution
93. Right to know flows from
one of these Articles of the Constitution
1 point
A) Art. 15
B) Art. 19
C) Art. 20
D) Art.23
94. Freedom of trade, commerce
and intercourse throughout the territory of India - is mentioned under
1 point
A) Art. 19(1) (g)
B) Art. 300A
C) Art. 301
D) Art.
299
95. Passive euthanasia under
certain circumstance is permissible - held in the case of
1 point
A) Aruna Ramachandra Shanbaug Vs. Union of India
B) Gian Kaur Vs State of Punjab
C) State of Maharashtra Vs. Maruty Sripaty Dubal
D) P.
Rathinam Vs Union of India
96. It was held by the Supreme
Court that the balance between Fundamental Rights and Directive Principles of
State Policy is the bedrock and the basic structure of the constitution - in
which case?
1 point
A) Keshavanada Bharathi v State of Kerala
B) Minerva Mills Vs.UOI
C) Indira Nehru Gandhi v Rajnarain
D) Kihota
Hollohon v. Zachilhu
97. K. C. Gajapati Narayan Deo
v. State of Orissa, is often quoted with reference to
1 point
A) Doctrine of Eclipse
B) Doctrine of severability
C) Doctrine of colorable legislation
D)
Doctrine of territorial nexus
98. Raja Ram Pal v. Hon'ble
Speaker, Lok Sabha deals with
1 point
A) Presidents' election
B) Privileges of the legislature
C) Pardoning power
D) Office
of profit
99. Under Art. 1 of the
Constitution, India that is Bharat shall be
1 point
A) Federation of states
B) Union of states
C) Democratic republic
D) Quasi
federal
100. A Minister ceases to hold
office if he does not become a member of the Legislature within six months - is
mentioned under
1 point
A) Art. 164 (4)
B) Art. 164(1)
C) Art. 164(2)
D) Art.
164 (3)
0 Comments: