All India Bar Examination - VII (A) Question and Answers

All India Bar Examination - VII (A)

1. Rashtriya Swasthya Bima Yojna is mainly meant to serve the needs of

1 point

(A) Organised workers

(B) Unorganised workers

(D) Organized sector workers belonging to BPL category and their family members

2. Equal pay for equal work for both men and women is proclaimed under---------- 'of the Constitution of India.

1 point

(A) Art.39(a)

(B) Art.39(d)

(D) Art.39(c)

3. Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial -Employment (Standing Orders) Act, 1946 in which year

1 point

(A) 1992

(B) 1982

(D) 2010

4. ------------- was a leading case on the point as to whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go slow

1 point

(A) Bank of India v. T.S.Kelawala and others

(B) Randhirsingh v. Union of India

(D) Workmen v. Reptakos Brett and Co.Ltd.

5. Under the Industrial disputes Act, if the employer terminates the services of an individual workman, any dispute /difference arising out of such termination shall be deemed to be':

1 point

(A) industrial dispute

(B) individual dispute

(D) none of these.

6. Gloucstershire grammar School Case is a leading case to explain the

1 point

(A) Volenti non fit injuria

(B) Injuria non fit volenti

(D) Injuria sine damnum

7. Right to freedom to acquire, hold and dispose -off property is abolished by

1 point

(A) 44th Amendment Act, 1978

(B) 43 rd Amendment Act, 1976

(D) I st Amendment Act, 1951

8. Which one of the following is covered under the definition of State

1 point

(A) The Indian Statistical Institute

(B) Indian Council of Agricultural Research

(D) NCERT

9. National Conservation Strategy and Policy Statement on Environment and Development is a major environmental policy in India and it was passed in the year

1 point

(A) 1988

(B) 1982

(D) 1990

10. -------------of the Environment Protection Act, 1986, defines “Environment”

1 point

A) Section 2 (a)

B) Section 3 (a)

C) Section 1 (a)

D) Section 11 (a)

11. Polluter Pays Principle means

1 point

(A) polluter should bear the cost of pollution as the polluter is responsible for pollution

(B) polluter should not necessarily bear the cost of pollution as the polluter is may not be responsible for pollution

(D) none of the above

12. “Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to pay damages (compensation) for restoration of the environment. He has also to pay damages to those who have suffered loss on account of the act of the offender. Further, the offender can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner. However, the court cannot impose any pollution fine in absence of any trial and finding of guilty under the relevant statutory provisions." This observation was made in

1 point

(A) M.C. Mehta v. Kamal Nath

(B) Calcutta Tanneries Case

(D) A.P. Pollution Control Board v. M.V. Nayudu

13. India became a party to the International Convention on Biological Diversity in

1 point

(A) 1992

(B) 1995

(D) 2000

14. “A”, a railway company is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by “B” and “C” adversely to each other “A” can institute

1 point

(A) An application to decide the same

(B) An interpleader suit

(D) None of the above

15. As per the provisions of the Criminal procedure Code, the word 'inspection' used in S.93(1) (C) refers to

1 point

(A) Things or documents

(B) Documents only

(D) None of the above

16. Statement recorded during investigation under S.161 of Cr.P. C can be used during trial for

1 point

(A) Corroborating the witness

(B) Contradicting the witness

(D) Neither A nor B

17. “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 committed.” It was so upheld in which case

1 point

(A) Sangarabonia Sreenu v. State of Andhra Pradesh

(B) State of Himachal Pradesh v. Tara Dutta

(D) Nalini v. State of Tamil Nadu

18. 'Ex dolo malo oritur actio' is

1 point

(A) An action arose only when a right infringes

(B) An action could not prevent a legal right

(D) None of the above

19. The Jural correlative of immunity is

1 point

(A) Power

(B) Disability

(D) Claim

20. Who defines "eternal law as, the divine order or will of God which requires the preservation of natural order and forbids the breach of it."

1 point

(A) Ambrose

(B) Augustine

(D) All the above

21. "Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.' Who stated so?

1 point

(A) Thomas Paine

(B) Gregory Peck

(D) Dicey

22. The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication

1 point

(A) Art.39(a) and 39(b)

(B) Art.323-A and 323-B

(D) Art.202A and 202B

23. Nemojudexin causasua meaning No man shall be a judge in his own cause was first stated by -------- in Dr. Bonham's Case

1 point

(A) Lord Grey

(B) Lord Heward

(D) Lord Moulton

24. General power of the Bar Council of India to make rules is envisaged under which Section of the Advocates Act, 1961

1 point

(A) S.48

(B) S. 49

(D) S.IVA

25. Seven lamps of advocacy is attributable to

1 point

(A) Justice Abbot Parry

(B) Justice Heward

(D) Justice Grey

26. Which Section under the Advocates Act,1961 speaks of disciplinary powers of the Bar Council of India

1 point

(A) 35

(B) 37

(D) 39

27. S.----- of Advocates Act, 1961 speaks about constitution of Legal Aid Committees

1 point

(A) 9

(B) 10

(D) 10A

28. 5.89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of -------------which is the prominent provision that discusses about the jurisdiction of civil courts in applying Alternate Dispute Resolution mechanisms.

1 point

(A) 1989

(B) 1999

(D) 2009

29. In which case the Supreme Court held that Part 1 of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties.

1 point

(A) Bhatia International v. Bulk Trading S.A

(B) United India Ins. Co. Ltd v. Associated Transport Corpn. Ltd

(D) Ajmera Brothers v. Suraj Naresh Kumar Jain

30. Establishment of Permanent Lok Adalats is envisaged under S. ---------------- of the Legal Services Authority Act of 1987

1 point

(A) 22B

(B) 22A

(D) 22

31. Evidences to document unmeaning in reference to existing facts is called as

1 point

(A) Patent ambiguity

(B) Latent ambiguity

(D) None of the above

32. Original document is the best evidence – Exception to this rule is contained in

1 point

(A) Indian Evidence Act

(B) Criminal Procedure Code

(D) None of these

33. Doctrine of election is based on the foundation that a person taking the benefit of an instrument must

1 point

(A) Not bear the burden

(B) Burden is not the subject of election

(D) Bear the burden

34. Period of limitation for execution of the order of maintenance is------- from the date on which it becomes due.

1 point

(A) 1 year

(B) 5 years

(D) 15 years

35. Identify the correct order in which the following law making treaties are concluded1. The Vienna Convention on Consular Relations2. The General Agreement on Tariffs and Trade 3. The Declaration of Paris Select the correct answer from the codes given below

1 point

(A) 1,3,2

(B) 3,2,1

(D) 1,2,3

36. Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?

1 point

(A) The Drago doctrine

(B) Right of asylum

(D) Pacta Sunt Servanda

37. General Assembly adopted the definition of word Aggression through

1 point

(A) Resolution 3314 XXIX ,1974

(B) Resolution 3312 XXXIX ,1973

(D) None of the above

38. The admission of a new political entity into the United Nations can be termed as

1 point

(A) Express recognition

(B) Conditional recognition

(D) De-facto recognition

39. “A State is and becomes and international person through recognition only and exclusively.” Who stated this?

1 point

(A) L. Oppenheim

(B) Hobbes

(D) Starke

40. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-commerce in

1 point

(A) 1997

(B) 1998

(D) 2013

41. Section 3 of Information Technology Act,2000 which was originally “Digital Signature” was renamed as ------------------in ITAA - 2008

1 point

(A) “Digital Signature and Electronic Signature"

(B) “Digital Signature and E- Signature"

(D) None of the above

42. Which among the following are the digital signature certifying authorities in India?

1 point

(A) M/s. Safescript

(B) M/s. NCERT

(D) All the above

43. Section 43 of the Information Technology Act deals with

1 point

(A) Criminal liability

(B) Civil liability

(D) None of the above

44. “Where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.” Which section of the Information Technology Amendment Act, 2008 envisages so

1 point

(A) 43

(B) 43A

(D) 43C

45. R obtained a sum of Rs.50,000/- from D by putting Din fear of death. Here R commits

1 point

(A) Extortion

(B) Cheating

(D) Robbery

46. What is the period of limitation to file a suit for compensation for false imprisonment?

1 point

(A) 2 years

(B) 3 years

(D) 1year

47. As per S.19 of the Limitation Act,1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the

1 point

(A) Time when suit was filed

(B) When the payment was made

(D) None of the above

48. Under the Companies Act, 2013, any company having a net worth of rupees 500 crore or more or a turnover of rupees 1,000 crore or more or a net profit of rupees 5 crore or more should mandatorily spend ----- of their net profits per fiscal on Corporate Social Responsibility activities

1 point

(A) 3%

(B) 5%

(D) 2%

49. The ----------- Guidelines constitute one of the most comprehensive CSR tools available to companies.

1 point

(A) OECD

(B) OACF

(D) ASEAN

50. Conditions of Hindu Marriage have been laid down under ---------- of Hindu Marriage Act

1 point

(A) Sec. 9

(B) Sec. 10

(D) Sec. 13

51. The Hindu Succession (Amendment) Act, 2005,

1 point

(A) Allows daughters of the deceased equal rights with daughter

(B) Allows sons of the deceased equal rights with widows

(D) Allows daughters of the deceased equal, rights with sons

52. The Fuller Hart Debate could be summarized as a debate between which two jurisprudential approaches/positions

1 point

(A) Positivism and utilitarianism

(B) Natural Law and Positivism

(D) Marxism and liberal feminism

53. In bailment if the goods are lent free of cost to the bailee for his use it is known as bailment by

1 point

(A) Deposition

(B) Pledge

(D) None of the above

54. Where the proposal and acceptance is through letters, the contract is made at the place where

1 point

(A) The acceptance is received

(B) The letter of acceptance is posted

(D) None of the above

55. The surety stands discharged by

1 point

(A) Death

(B) Revocation

(D) None of the above

56. All contracts which are unlawful and void are known as

1 point

(A) Illegal contracts

(B) Nugatory contracts

(D) None of the above

57. S.------ of the Negotiable instruments Act deals with ‘noting'.

1 point

(A) 100

(B) 101

(D) 99

58. Cancellation of crossing is also called

1 point

(A) Marking

(B) Opening of crossing

(D) None of the above

59. Negotiable claim issued by a bank in return for a term deposit is called

1 point

(A) Share certificate

(B) Certificate of incorporation

(D) Term deposit

60. Wager relate with

1 point

(A) Present event

(B) Past event

(D) Any of the above

61. In the judgment of the Supreme Court in Salem Bar Association vs. Union of India, the Supreme Court had requested this committee headed by ------------ to prepare a case management formula.

1 point

(A) Justice.Bhagwathi

(B) Justice Muralidhar

(D) Justice .Jagannandha Rao

62. The 2013 Companies Act has increased the limit of the number of members in Private Company from 50 to

1 point

(A) 100

(B) 200

(D) 150

63. The Standards on Auditing have been accorded legal sanctity in the 2013 Act and would be subject to notification by the

1 point

(A) NFRA

(B) NRFA

(D) SEBI

64. Quifacit per aliumfacit per se, means

1 point

(A) act of an agent is the act of principal

(B) act of an agent is not an act of principal

(D) agent must not act in contravention of the act of principal

65. The concept of 'privity of contract was rejected in

1 point

(A) Winterbottom v. Wright

(B) Donoghue v. Stevenson

(D) Heaven v. Pender

66. -------------is observed as the World Consumer Rights Day.

1 point

(A) 15th of March

(B) 16th of March

(D) 11th of March

67. Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases

1 point

(A) Bhatia International v. Bulk Trading S.A

(B) Indian Medical Association v. V.P. Shantha and Ors

(D) LucknowDevelopment Authority M.K. Gupta

68. Renewal of driving licenses is envisaged under S. of the Motor Vehicles Act, 1988

1 point

(A) 20

(B) 21

(D) 15

69. S.82 IPC is an illustration for

1 point

(A) Presumption of fact

(B) Presumption of law

(D) None of the above.

70. Meaning Of Nemo moriturus praesumuntur mentiri

1 point

(A) A dying man can never speak truth

(B) A dying man can never speak falsehood

(D) A dying man may not speak falsehood

71. If a court lower to the Sessions Court tries a murder case that court is called as

1 point

(A) Coram sub judice

(B) Coram non judice

(D) Coram judice

72. SFIO stands for

1 point

(A) Serious Fraud Investigation Office

(B) Serious Force Institution Office

(D) Serious File Investigation Office

73. Which provision of the Companies Act,2013 discusses about the issue of bonus shares out of its free reserves or the securities premium account or the capital redemption reserve account, subject to the compliance with certain conditions such as authorization by the articles, approval in the general meeting

1 point

(A) S.36

(B) S.43

(D) S.33

74. The question whether the Fundamental Rights can be amended under Art.368 came for consideration first time in

1 point

(A) Shankari Prasad v. Union of India

(B) KeshavanandaBharati v. Union of India

(D) None of the above

75. A law which violates fundamental rights is not nullity or void-ab-initio but becomes only unenforceable, this doctrine is calledas

1 point

(A) Doctrine of severability

(B) Doctrine of 3 points

(D) Doctrine of eclipse

76. Equality of opportunity discrimination with reasons. It wasobserved by apex court in

1 point

(A) State of Kerala v. N.M. Thomas

(B) Indira Sawhney v. Union of India

(D) All the above

77. An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than

1 point

(A) 6 months

(B) 1 year

(D) 3 years

78. S.167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice-versa this alteration can be done during the period of first

1 point

(A) 15 days

(B) 16 days

(D) 12 days

79. Under which provision of the Code of Criminal Procedure it is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable

1 point

(A)S.150

(B)S.105

(D)S.510

80. S.41-B is inserted in to the Criminal Procedure Code on the basis of which among the following decisions

1 point

(A) NandiniSatpathy v.PL Dhani

(B) Sunil Batra v. Delhi Administration

(D) D.K.Basu v. State of West Bengal

81. Civil Surgeon shall refer unsound minded person to a clinical Psychologist/Psychiatrist. However by , virtue of S.-------the aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College

1 point

(A)328

(B) 328 1A

(D) 346

82. What are the remedies open to the party aggrieved in a suit on contracts?

1 point

(A) Specific performance and injunction

(B) Specific performance and damages

(D) All the above

83. ‘A’ resides at Delhi, and 'B' at Agra. B borrows Rs.20,000/-from A at Benares and passes a promissory note to A payable at Benares. B fails to repay the loan. A may sue B at

1 point

(A) Benares or Agra

(B) Benares only

(D) Benares, Agra and Delhi.

84. The general principle of waiver that provides that failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent stage and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil procedure Code

1 point

(A) S.15

(B) S.16

(D) S.21

85. Act of court can do no wrong to any person. Which concept relates to this ideology

1 point

(A) Precept

(B) Caveat

(D) Injunction

86. Rabindra Kumar Pal@ Dara Singh v.Republic of India a famous case coming under S.30 of Evidence Act is also well known as

1 point

(A) Graham Stains Murder case

(B) Graham Bells Murder case

(D) Graham Stoits Murder case

87. Statement by a person who is dead is a relevant fact under ------------ of the Indian Evidence Act

1 point

(A) S:32(3)

(B) S.32(4)

(D) S.32(6)

88. A charge sheet filed under S.173 of cr.P.C is an example of

1 point

(A) Public document

(B) Private document

(D) Latent document

89. Procedure of investigation of criminal cases under the Criminal Procedure Code is contained in Chapter

1 point

(A) XI

(B) XII

(D) IX

90. Frost v.Knight is a leading case on

1 point

(A) S.32

(B) S.33

(D) S.35

91. Which among the following is a law based on equity?

1 point

(A) Indian Contract Act,1872

(B) Indian Penal Code, 1863

(D) Specific Relief Act,1963

92. Which section of the Specific Relief Act, describes temporary Injunction

1 point

(A) 45

(B) 41

(D) 36

93. The maintenance amount which can be transferred is

1 point

(A) Future maintenance

(B) Right to future maintenance

(D) None of the above during which

94. The maximum period property can be tied up is

1 point

(A) Only 15 years

(B) One or more life or lives in being at the date of transfer and the minority of an unborn person

(D) None of the above.

95. Whoever causes bodily pain, disease or infirmity to any person is said to have inflicted ------ on the victim

1 point

(A) Grievous hurt

(B) Hurt

(D) None of the above

96. Personation at Election is an offence under S. --- of the Indian Penal Code

1 point

(A) 124 A

(B) 121 A

(D) 171 D

97. Raman having found a key of Raju's house which Raju had lost, commits house trespass by entering Raju's house after opening the door with that key. Raman has committed the offence of

1 point

(A) House trespass

(B) Criminal trespass

(D) None of these

98. ---------------- defined crime as "a violation of public rights and duties due to the whole community considered as community.

1 point

(A) Blackstone

(B) Justice Bhagwati

(D) Lord Heward

99. Who among the following is not a 'public servant'?

1 point

(A) Liquidator