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

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

 All India Bar Examination - VIII (A)



1. “Mere illegality of the strike does not per se spell unjustifiability". J. Krishna Iyer In which case declared so

1 point

a) Chandramalai Estate v. Its workmen

b) Associated Cement Ltd., V. Their workmen

c) Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha

d) Indian General Navigation of Railway Co. Ltd., v. Their workmen

2. Entry No.22 of the Concurrent List deals with

1 point

a) Social security and insurance, employment and unemployment

b) Industrial disputes concerning Union employees

c) Trade unions and industrial and labour disputes

d) Regulation of labour and safety in mines and oil fields

3. Which Article under the Constitution of India talks about the participation of workers in the management of Industries?

1 point

a) 43

b) 43A

c) 43B

d) 42

4. Pick out the case that is popularly called as the Solicitor's Case.

1 point

a) Ahmedabad Textile Industry's Research Association V. State of Bombay

b) National Union of Commercial Employees V. Industrial Tribunal Bombay

c) Salem Advocates Bar Association v. Union of India

d) Central Machine Tools Institute v. Dy. Registrar of Trade Unions

5. Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions

1 point

a) Jay Engineering Works Ltd. v. State of West Bengal

b) Railway Union v. Registrar of Trade Unions

c) ONGC Workmens Association v. State of West Bengal

d) Hanumantha Rao v. Dy. Registrar of Trade Unions

6. In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable

1 point

a) Possession of certain animals and abnormally dangerous activities.

b) Assault and battery

c) Battery and negligence

d) None of the above

7. Selvi's daughter Kavita had married Shivakumar of a different caste against the wishes of her family. Shivakumar was brutally killed in 2004, and Selvi and two others became the suspects.Since the prosecution's case depended entirely on circumstantial evidence, it sought the court's permission to conduct polygraphy and brain-mapping tests on the three persons. The court granted permission and the tests were conducted. When the results of the polygraphy test indicated signs of deception, the prosecution sought the court's permission to perform narcoanalysis on the three persons. The magistrate directed the three to undergo narcoanalysis. All of them challenged this decision in the Karnataka High Court, but failed to get relief. They then went in appeal to the Supreme Court. The Court held

1 point

a) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(3) and 21 of the Constitution.

b) Compulsory brain-mapping and polygraph tests and narcoanalysis were valid under Articles 20(3) and 21 of the Constitution.

c) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(1) and 21 of the Constitution.

d) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 14 and 21 of the Constitution.

8. According to Art. 71 Disputes arising in connection with the elections of a President or Vice-President are to be enquired into and decided by

1 point

a) The Supreme Court

b) High Court

c) Both by High Court and Supreme Court

d) Tribunal established for that purpose.

9. The Water (Prevention and Control of Pollution) Act 1974 regulates .......

1 point

a) The discharge of hazardous pollutants into the nation's surface water.

b) The emission of hazardous air pollutants.

c) Waste disposal of sea.

d) The transportation of hazardous materials.

10. It was held by the Supreme Court that noise pollution beyond permissible limits cannot be tolerated, even if such noise was a direct result of and was connected with religious activities in the case of

1 point

a) Vellore Citizens Welfare Forum vs. Union of India

b) Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association

c) Rural Enlightenment Kendra v Union of India

d) Narmada Bachao Andolan v Union of India

11. The Supreme Court observed, Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise. - Name the case.

1 point

a) Subhash Kumar Vs State of Bihar 1991

b) Rural Litigation and Entitlement Kendra Vs State of U.P. 1985

c) M.C. Mehta Vs Union of India 1986

d) Union Carbide v Union of India, 1984

12. Article 48-A and Article 51-A (g) were inserted in the Constitution by

1 point

a) The Constitution (42nd Amendment) Act, 1978

b) The Constitution (42nd Amendment) Act, 1976

c) The Constitution (43rd Amendment) Act, 1978

d) The Constitution (44th Amendment) Act, 1978

13. According to Environmental (Protection) Act of 1986 "environmental pollutant" means

1 point

a) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

b) any substance present in such concentration as may be, or tend to be, injurious to environment

c) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to a person

d) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the society

14. A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute------------ suit

1 point

a) Friendly suit

b) Caveat

c) Interpleader

d) Restitution

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

1 point

a) 6 months

b) 3 months

c) 1 year

d) 3 years

16. The police officer executing the warrant may use adequate force to access the place where search is to be conducted when

1 point

a) A free ingress is not possible

b) The occupant of the place is a hardened criminal and there is possibility to escape

c) The area is in such a nature that problem may arise at any time

d) None of these

17. As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of

1 point

a) The complaint case

b) The case instituted on the police report

c) Both as per the convenience during the trial.

d) None of these

18. Peek v. Gurney is a famous case relating to

1 point

a) Mistake

b) Misrepresentation

c) Fraud

d) Frustration of contract

19. Law is conceived as a form of the power value - conceived by

1 point

a) Bentham and Austin

b) Hart

c) C Lasswell and McDougal

d) Karl Olivecrona

20. The development of the tradition of natural justice into one of natural law is usually attributed to the

1 point

a) Stoics

b) Positivists

c) Historical School

d) Analytical School

21. The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in ..........

1 point

a) S.N. Mukherjee v/s Union of India

b) State of Orissa v/s Dr. Binapani Dei

c) State of Maharashtra v/s Jalgaon Municipal Council

d) Motilal Padampat Sugar Mills Co. Ltd. v/s State of U.P

22. Donoughmore Committee Report on Minister's Powers, 1932, relates to

1 point

a) England

b) Australia

c) U.S.A

d) None of the above

23. Sec. 47(3), Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.

1 point

a) This is a judicial function, as the Authority's decision is based on an official policy.

b) This is a quasi-judicial function, as the Authority's decision is based on an official policy.

c) This is an administrative function, as the Authority's decision is based on an official policy.

d) None of the above

24. In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language.

1 point

a) Vinay Chandra Mishra, In Re

b) Ex -Capt. Harish uppal V. Union of India

c) Hikmat Ali Khan v: Ishwar Prasad Arya and ors

d) None of the above

25. “Misconduct” would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonorable. It may be noted that the scope of “misconduct” is not restricted by technical interpretations of rules of conduct. This was proven conclusively in the case of

1 point

a) Noratanman Courasia v. M. R. Murali

b) Bar Council of Maharashtra v. M.V. Dahbolkar

c) In N.G. Dastane v. Shrikant S. Shinde

d) B. M. Verma v. Uttrakhand Regulatory Commission

26. Retention of money deposited with advocate for the decree holder even after execution proceedings was held as an instance of misconduct in which case

1 point

a) In Re DC Saxena

b) M Veerendra Rao v Tek Chand

c) Shambhu Ram Yadav v. Hanuman Das Khatry

d) Prahlad Saran Gupta v. Bar Council of India

27. In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting to misconduct.

1 point

a) N.G. Dastane v. Shrikant S. Shinde

b) Sambhu Ram Yadav v.Hanuman Das Khatry

c) Noratanman Courasia v. M. R. Murali

d) None of the above

28. The judgment in ----------- skews the delicate balance, carefully crafted by the Model Law (and enshrined in s 34), between finality of arbitral awards on one hand and permissible judicial review on the other.

1 point

a) Renu Sagar Power Co vs. General Electric Corporation

b) ONGC vs. Saw Pipes Ltd.

c) Sundaram Finance vs. NEPC

d) Olympus Superstructures Pvt. Ltd vs.Meena Vijay Khetan

29. The Supreme Court in ---- held that irrespective of where the 'central management and control is exercised by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.

1 point

a) TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd.

b) Comed Chemicals Ltd. v. C.N. Ramchand

c) Shreejee Traco (I) Pvt. Ltd. v. Paperline International Inc

d) Bhatia International v. Bulk Trading

30. Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?

1 point

a) Sec.30

b) Sec.10

c) Sec.40

d) Sec.20

31. The presumption of continuance of life is contained in Sec.-------------- of the Evidence Act

1 point

a) 107

b) 108

c) 207

d) 115

32. Testimony of a witness to the existence or non-existence of the fact or facts in issue is /are

1 point

a) Oral evidence

b) Original evidence

c) Direct evidence

d) Both( a) and (b)

33. Who authored the book Principles of Jurisprudence

1 point

a) Salmond

b) Black Stone

c) Austin

d) Winfield

34. Special Summons under Section.206 of the Criminal Procedure Code can be issued by

1 point

a) A Magistrate only

b) A Magistrate as well as the Court of Sessions

c) The Court of Sessions

d) The High Court

35. Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by

1 point

a) Austin

b) Hugo Grotius

c) Arvid Pardo

d) Starke

36. The Indian who is presently a member of International Court of Justice

1 point

a) Justice A.S. Anand

b) Justice Bhagwati

c) Justice Dalveer Bhandari

d) Justice Nagendra Singh

37. International Criminal Court is based on

1 point

a) Rio Conference

b) Rome Statute of the International Criminal Court.

c) Part of U.N. Charter

d) Yugoslavakia Statute of the International Criminal Cour

38. Constitutive and declaratory theories of state relate to

1 point

a) Law of the Sea

b) Law of Air space

c) Law of Outer Space

d) State Recognition

39. Tabula rasa under International Law relates to

1 point

a) State Recognition

b) Universal Sucession

c) State Sucession

d) Sources of International Law

40. With reference to Cyber Crimes worm attack

1 point

a) needs the virus to attach

b) do not need the virus to attach

c) needs the host to attach

d) do not need the host to attach

41. An attempt to acquire 'sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication - is known as

1 point

a) Salami Attacks

b) Phishing

c) Data diddling:

d) Forgery

42. The Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce" is dealt under

1 point

a) Information Technology Act

b) Information and Communication Technology Act

c) Information Communication Act

d) Information and Cyber Space Act

43. "Asymmetric Crypto System" under Information Technology Act means a system of a secure key pair consisting of a private key for creating a digital signature and

1 point

a) an individual key to verify the digital signature

b) a lock to verify the digital signature

c) a public key to verify the digital signature

d) a Government key to verify the digital signature

44. Sec 43A Of the Information Technology Act deals with

1 point

a) Compensation for failure to protect data

b) Punishment for sending offensive messages

c) Identity Theft

d) Impersonation

45. The persons taking part in the commission of an offence have been divided into two classes. They are

1 point

a) Principal and abettors

b) Principle and disciples

c) Principal and accessory

d) Debtor and holder

46. What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immoveable property mortgaged?

1 point

a) 3 years

b) 10 years

c) 30 years

d) 12 years

47. Sections 12-15 of the Limitation Act, 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion?

1 point

a) Day on which judgment/order/award is pronounced

b) Time during which stay/injunction operated

c) Time during which the defendant had been out of India.

d) All the above

48. Provisions regarding Corporate Social Responsibility are incorporated in the Companies Act, 2013 under

1 point

a) Section - 101

b) Section - 111

c) Section - 135

d) Section – 235

49. What is Corporate Social Responsibility among the following?

1 point

a) Employee benefits

b) Project based protection of national heritage

c) Programs undertaken outside India

d) Mere donations

50. Talak-e-tafwiz is

1 point

a) Talak by delegation

b) Triple Talak

c) Talak by agreement

d) Improper Talak

51. Any immovable property possessed by a female Hindu, acquired before or after the commencement of Hindu Succession Act, shall be held by her after the commencement of the Act as,

1 point

a) A limited owner

b) A full owner

c) No ownership

d) Not as absolute owner

52. Who was the founder of Analytical School of Law?

1 point

a) Jhering

b) Bentham

c) John Austin    

d) August Comte

53. There was a contract to supply oil-seeds. But the Government rendered the sale and purchase of oil-seed illegal under the Defence of India Rules. Identify the effect.

1 point

a) Party at default is held liable

b) Both parties are discharged from the performance of such contract

c) Both parties are directed specific performance of the contract

d) None of the above

54. Principles evolved in Hadley v. Baxendale are the basis of Section ------- --- of the Indian Contract Act.

1 point

a) 74

b) 55

c) 87

d) 73

55. Section 6 of the specific Relief Act,1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by-------------, recover possession thereof, notwithstanding any other title that may be set up in such suit

1 point

a) Application

b) Restitution application

c) Suit

d) Reference

56. As per the Specific Relief Act,1963, identify the situation wherein any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court

1 point

a) Where the contract is voidable or terminable by the plaintiff;

b) Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.

c) Both (a) and (b)

d) None of the above

57. A/An --------------------- is one which is drawn by one person and accepted, by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.

1 point

a) Bills in sets

b) Documentary bill

c) Bearer instrument

d) Accommodation bill

58. Which provision of the Negotiable Instruments Act discusses about material alteration of an instrument and its effects

1 point

a) Section 77

b) Section 88

c) Section 87

d) Section 78

59. A transfer's property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B's death

1 point

a) The property passes to D

b) The property reverts back to A's heirs

c) The property is declared as having no owner

d) None of the above

60. A transfer Rs. 500 to his niece C, if she will desert her husband. The transfer is

1 point

a) Void

b) Voidable

c) Valid

d) None of the above

61. Amendments made in the year--------- through the insertion of Sec.---------- to the Civil Procedure Code introduced provisions to enable the courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.

1 point

a) 1989, 98

b) 1990, 88

c) 1999, 89

d) 2001, 88

62. The Companies Act of 1956 accords recognition only to accounting standards whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and ------- standards.

1 point

a) Financing

b) Auditing

c) Business

d) Responsibility

63. Companies Act, 2013 allows the formation of

1 point

a) Two persons company only

b) Seven persons company only

c) Two or more persons company only

d) One-person company also.

64. Pigeon Hole theory was proposed by

1 point

a) Winfield

b) Salmond

c) Black Stone

d) Lord Knight

65. According to Motor Vehicles Act, 1988 no person under the age of -------years shall drive a motor vehicle in any public place

1 point

a) 20

b) 16

c) 18

d) 21

66. According to The Consumer Protection Act,1986 what is the limitation period applicable to the three forums in entertaining a complaint

1 point

a) 2 years from the date on which the cause of action has arisen

b) 2 years from which the article was purchased

c) 3 years

d) None of the above

67. Any person aggrieved by an order made by the District forum may prefer an appeal against such order to the ---------- within a period of ---------- days from the date of the order

1 point

a) State Commission, 30

b) State Tribunal, 30

c) State Forum, 30

d) State Commission, 60

68. The National Consumer Dispute Redressal Commission was constituted in the year

1 point

a) 1998

b) 1988

c) 1999

d) 2000

69. A sees B running away from a room and afterwards sees C lying down in a pool of blood in the same room. A's evidence in as afar as seeing B running away is direct but as far as the murder is concerned, it is a

1 point

a) Primary evidence

b) Circumstantial evidence

c) Real evidence

d) Substantial evidence

70. A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as

1 point

a) Extra-judicial confession

b) Judicial confession

c) Retracted confession

d) Voluntary confession

71. Expert opinion under Sec.45 is

1 point

a) A conclusive proof

b) Not a conclusive proof

c) Supportive and corroborative in nature

d) None of these

72. of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters' contribution among other things.

1 point

a) Section 36

b) Section 37

c) Section 26

d) Section 38

73. Sec 253 of the Companies Act, 2013 deals with

1 point

a) Determination of Sickness

b) Liability of Directors

c) Promoters

d) Memorandum

74. If by imposing solitary confinement there is total deprivation of comraderie (friendship amongst co-prisoners coming and taking and being talked to, it would offend Ar.21 of the Constitution. The liberty to move, mix, mingle, talk, share company with co-prisoners if substantially curtailed would be violative of Art. 21 - This was held in the case of

1 point

a) Suni Batra Vs. Delhi Administration AIR 1978 SC 1675

b) Kishore Singh Vs State of Rajasthan AIR1981 SC 625

c) D.K. Basu Vs State of West Bengal AIR 1997 SC 610

d) Parmanand Katara Vs Union of India - AIR 1989, SC 2039

75. In State of Karnataka Vs Union of India AIR 1978 SC 68, Appointment of a commission by the Union government under S. 3(1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc against the Chief Minister and other Ministers of a state was challenged. It was held,

1 point

a) Arbitrary under Art.14

b) Violates federal principle

c) Jurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution

d) Federal Structure is not jeopardized.

76. Equality is a dynamic concept with many : aspects and dimensions and it cannot be "cribbed, cabined and confined" within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies – this was stated in the case of

1 point

a) Jespar & Slong v. State of Meghalaya, AIR 2004 SC 3533

b) Vajravelu Mudiliar Vs. Special Dty Collector, AIR 1965 SC 1017

c) E. P. Royappa v. State of T.N. AIR 1974 S C 555

d) In Punjab Communication Ltd. v. Union of India - 1999 (4) SCC 727

77. 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

c) 6 years

d) 15 years

78. Section 41-B is incorporated into the Criminal Procedure Code on the basis of which of the following decisions

1 point

a) Nandini Satpati v. P.L.Dani

b) Sunil Batra v. Delhi Administration

c) Prem Shankar Shukla v. Delhi Administration

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

79. Chapter dealing with Plea Bargaining has been inserted by

1 point

a) The Criminal Law (Amendment) Act, 1993

b) The Criminal Law (Amendment) Act, 2005

c) The Code of Criminal Procedure (Amendment) Act, 2001

d) The Code of Criminal (Amendment) Act, 1993

80. As per the Criminal Procedure Code, during investigation a search can be conducted without warrant by

1 point

a) Judicial officer

b) Any Person

c) The investigating officer

d) Any police officer

81. Prosecution for the offence of defamation can be initiated only

1 point

a) On the complaint of the aggrieved party

b) On the basis of an F.I.R

c) On the basis of a police report

d) If it is a matter related to domestic affairs of a family

82. Where territorial jurisdiction of a court is transferred after passing a decree, an execution application may be filed

1 point

a) In the court which had passed the decree

b) In the Court to which territorial jurisdiction was transferred only

c) In either of the court under a or b

d) In any court in India

83. When a decree is transferred for execution to another court and if the decree holder has reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other court, he may apply to the court which passed the decree to issue a---------- to attach the property at once.

1 point

a) Caveat

b) Restitution order

c) Attachment order

d) Precept

84. Where the right to the discovery or the inspection sought depends on the determination of any issue in the suit, the court may try that issue as a --- ----- before deciding upon the right to discovery or inspection

1 point

a) Special issue

b) Preliminary issue

c) Res judicata

d) Res sub judice

85. Identify a case where set off can be pleaded

1 point

a) Claim for un liquidated damages

b) Suit for recovery of ascertained sum of money

c) Suit for a sum legally non recoverable

d) None of the above

86. Leading questions can be asked during

1 point

a) Re-examination

b) Examination-in-chief

c) Cross-examination

d) None of these

87. Estoppel is a rule by which a party to litigation is/are

1 point

a) Stopped from asserting or denying a fact

b) Prevented from appearing in person

c) Prevented from hiding an evidence

d) Both (a) and (b)

88. Under Sec.122 of the Evidence Act, a communication made to the spouse during marriage

1 point

a) Remains privileged after the dissolution of marriage by divorce but not so on after death

b) Does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death

c) Does not remain privileged after dissolution of marriage by divorce or death

d) Remains privileged communication after the dissolution of marriage by divorce or death.

89. Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/autrefois convict

1 point

a) Sec.300

b) Sec.305

c) Sec.306

d) Sec.311

90. Which Section under the Transfer of Property Act,1882 discuss about the rights and liabilities of buyer and the seller of immovable property

1 point

a) 45

b) 54

c) 55

d) 44

91. Identify the wrong statement from the following

1 point

a) An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor.

b) In a contract of indemnity the liability of the indemnifier is secondary and arises when the contingent event occurs. In case of contract of guarantee the liability of surety is primary and arises when the principal debtor defaults.

c) The indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favor. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.

d) In a contract of indemnity the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee the liability of surety is secondary and arises when the principal debtor defaults.

92. Which is true of contracts of agency?

1 point

a) The relation between the agent and the principal is of a trust

b) It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations; between that order and third persons that he is an agent.

c) The only essence of a contract of agency is the agent's representative capacity

d) None of the above

93. Point out an example not related to a contract of bailment

1 point

a) Delivering a watch or radio for repair

b) Leaving a car or scooter at a parking stand

c) Leaving luggage in a cloak room

d) A shareholder executes an agreement/bond favoring the company thereby agreeing to satisfy the company for any loss caused as a consequence of his own act.

94. A corporate resolution is not offer unless efforts are made communicate it. Which case held so

1 point

a) Blair v. Western Mutual Benefit Association

b) R. v. Dawood

c) Harvela Investments Ltd. v. Royal Trust Co. of Canada,

d) None of the above

95. A issued a warrant to a police officer to arrest P. But the officer arrests Q after the due inquiry believing Q to be P. Here

1 point

a) P is liable for criminal negligence

b) P has committed no offence by virtue of S.76 IPC

c) P has committed an offence of wrongful confinement

d) None of these.

96. Durham doctrine means

1 point

a) That an accused is not criminally liable if his unlawful act is the product of immature understanding due to immature age

b) That an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect

c) That an accused is criminally liable if his unlawful act even if it is the product of mental disease or mental defect

d) None of these

97. De minimus non curat lex implies

1 point

a) Every person is liable for his own acts

b) Trifling acts do not constitute an offence

c) Necessity knows no law

d) Nothing is an offence which is done in private defense

98. P and Q agree to commit theft in R's house, but no theft is actually committed. Here P and Q are guilty of

1 point

a) Abetment of conspiracy

b) Abetment by instigation

c) No offence

d) Criminal conspiracy

99. Ramu is suffering from disease of the heart. Rahul his heir rushes into his room and shouts in his ear "your house has been destroyed by fire” intending thereby to kill Ramu. Ramu dies of the shock. Here Rahul is liable for the offence of

1 point

a) Attempt to murder

b) Murder

c) Culpable homicide

d) Abetment to murder

100. The doctrine of civil conspiracy was enunciated by the House of Lords in

1 point

a) Walsby v. Anley

b) Moghul Steamship Company v. Mc. Gregor Gow and Company

c) Allen v. Flood

d) Quinn v. Leathem

 

 

 

 

 

 

 

 

 

 

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