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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