All India Bar Examination - X Question and Answers
All India Bar Examination - X
1. Government employees may
refer their unresolved grievances and labor dispute to
1 point
a) Internal Labor Department
b) Bureau of Labor Relations
c) Public Sector Labor-Management Council
d)
Department of Labor
2. The objective of the EU
Directive on mediation is:
1 point
a) Reducing back logs of cases at the courts in the member states
b) Dividing the cases between all dispute resolution methods
c) Economical reasons in times of crisis, thus ensuring that mediators will
have a proper income
d) Ensuring
better access to alternative dispute resolution in cross border commercial
conflicts
3. Minimum number of members
required to apply for Incorporation Certificate in a Public Ltd Company is:
1 point
a) 7
b) 3
c) 2
d) 50
4. When a bill is passed by the
Parliament and the President, what is the status of the same?
1 point
a) Bill approved
b) Law
c) Bill exercised for administration
d)
Government procedures
5. 'A' resides at Shimla, 'B'
at Kolkata and 'C' at Delhi. A, B & C being together at Banaras. B & C
make a joint promissory note, payable on demand and delivered to A. A may sue B
& C
1 point
a) At Banaras, where the cause of action arose
b) At Kolkata where B resides.
c) At Delhi where C resides.
d) All of
the above
6. A warrant of arrest may be extended
1 point
a) To that place where the offender has committed the offence
b) At any place within India
c) To the place specified under the Criminal Procedure Code
d) None
of the above
7. The Chairperson of Cyber
Appellate Tribunal is appointed by the
1 point
a) Central Government in consultation with the Chief Justice of India
b) State Government in consultation with the Chief Justice of the High
Court
c) Central Government
d)
Central Government in consultation with Controller of Certifying Authority
8. Under Section 18 of the
Indian Evidence Act, the admission of which of the following person is not
admissible against the other
1 point
a) One of the plaintiffs
b) One of the defendants
c) Agents of the parties
d)
Statement of the third party
9. Which of the following
heirs is not class 1 heir under the Hindu Succession Act, 1956
1 point
a) Son
b) Widow
c) Father
d) Mother
10. There is either theft or
extortion. It is
1 point
a) Robbery
b) Dacoity
c) Criminal breach of trust
d)
Receiving stolen property
11. Who is an adolescent as
per Factories Act, 1948
1 point
a) Who has completed 17 years
b) Who is less than 18 years of age
c) Who is more than 15 years but less than 18 years of age
d) None
of these
12. Fulfilling the
constitutional obligation under Article 300 A, the Land Acquisition Act, is the
law providing for
1 point
a) Acquisition of land and taking over possession of land
b) Assessment of compensation
c) Payment of compensation
d) All of
the above
13. Complaint means allegation
in writing made by a complainant that
1 point
a) An unfair trade practice or restrictive trade practice has been adapted
by any traders or service provider.
b) The goods bought by him or agreed to be bought by him suffer from one or
more defect
c) A traders or the service provider as the case may be has charged for the
goods or for the services mentioned in the complaint a price in excess of the
price
d) All
the above
14. The maxim-'audi alterm
partem denotes
1 point
a) No one shall be judge of his own cause
b) No one shall be condemned unheard
c) Rights are better than duties
d) None
of the above
15. In which case did the
Supreme Court hold that "misconduct envisages breach of discipline
1 point
a) P.D Gupta Vs. Ram Murti
b) Noratanmal Chaurasia Vs. M.R. Murli
c) PJ Ratnam Vs. D. Kanikaram
d) None
of the above
16. Which is not included
within the meaning of artistic work under Copyright Act:
1 point
a) Drawing
b) Work of architecture
c) Work of craftsmanship
d) Work
of carpenter
17. In case of a co-operative
society the maximum amount on which income tax is not chargeable is
1 point
a) 50,000
b) 30,000
c) 20,000
d) Nil
18. 'A' sells a field to 'B'.
There is a right of way over the field of which A has direct personal knowledge
but which he conceals from B.
1 point
a) 'B' has the right to rescind the contract
b) 'B' cannot rescind the contract
c) 'A' has the right to rescind the contract
d) 'A' is
not legally liable
19. According to Republic Act
No. 6770, which of these powers is not provided to office of Ombudsman
1 point
a) Prosecutory power
b) Function to adopt, institute and implement preventive measures
c) Public assistant functions
d) None
of the above
20. In most EU member
countries, which of the following is the most visible form of ADR?
1 point
a) Mediation
b) Arbitration
c) Litigation
d)
Conciliation
21. 'A' does not fall under
the clause of Memorandum of Association. 'A' here is :
1 point
a) Subscription
b) Director
c) Capital
d)
Situation
22. Minto-Morely reform is
associated with which Act?
1 point
a) Indian Council Act 1912
b) Indian Council Act 1856
c) Indian Council Act 1908
d) Indian
Council Act 1909
23. In a written statement,
the defendant can claim:
1 point
a) Set off
b) Counter plain
c) Both a & b
d) None
of the above
24. Which of the following
Section deals with search warrant
1 point
a) 93
b) 94
c) 95
d) 96
25. Which is the leading case
on environment
1 point
a) M.C. Mehta Vs Union of India
b) Union of India Vs H.S. Dhillon
c) Maneka Gandhi Vs Union of India
d) None of
the above
26. Which of the following
statement is correct
1 point
a) A confession made by an accused to the police officer is relevant
b) A confession made by an accused in police custody to a magistrate is not
relevant
c) A confession made by an accused in the police custody and discovery made
from the information received from confession, both confession and discovery
are relevant
d) None
of the above is correct
27. Pre-emption on the ground
of Shafie-i-Jar was declared unconstitutional in
1 point
a) Bhau Ram Vs Baij Nath
b) Govind Dayal Vs Inayatullah
c) Bhagawan Das Vs Chetram
d) Ram
Saran Lall Vs Mst. Domini Kuer
28. This section was enacted
to meet the cases of dowry deaths. It is
1 point
a) Section 366A of IPC
b) Section 477A of IPC
c) Section 498A of IPC
d)
Section 489A of IPC
29. Who is responsible for
payment to a person employed by him in a factory under the Payment of Wages
Act, 1936
1 point
a) Accounts manager
b) HR manager
c) Floor manager
d) Owner
30. Which one of the following
is known as Consumer Disputes Redressal Agency ?
1 point
a) District Forum
b) State Commission
c) National Commission
d) All
the above
31. PIL is criticized on the
ground of
1 point
a) Private motive
b) Political ends
c) Tremendous increase in the litigation
d) All of
the above
32. Vikramaditya Vs. Smt.
Jamila Khatoon is an important case relating to professional misconduct due to
which factor
1 point
a) Advocate attending the court with fire arms
b) Not appearing before the court deliberately and intentionally
c) Suppression of material facts with intention to harass poor persons
d)
Defrauding the client by exploiting the client's illiteracy
33. An appeal to the high
court against the order of ITAT should be filed within
1 point
a) 45 days when the order is communicated
b) 60 days when the order is communicated
c) 90 days when the order is communicated
d) 120
days when the order is communicated
34. A contract can be
specifically enforced
1 point
a) Where compensation is adequate relief for the non-performance of the
contract
b) Where the contract by its nature is determinable
c) Where it involves the performance of continuous duty which the court can
not supervise
d) None
of the above
35. In the Government of India
Act 1935, which subjects are included in the concurrent list?
1 point
a) Marriage
b) Divorce & Arbitration
c) Criminal Law & Procedure
d) All of
the above
36. In which of the following
cases a Set Off can be claimed?
1 point
a) 'A' owes the partnership firm of 'B' & 'C' Rs. 1000/-. 'B' dies
leaving 'C' surviving.' A' sues' C' for a debt of Rs. 1500/- due in his
separate character. 'C' wants to set off the debt of Rs. 1000/
b) 'A' sues 'B' for Rs. 20,000/-. 'B' wants to set off the claim for
damages for breach of contract for specific performance.
c) Both 'A' & 'B'
d) None
of the above
37. Which case is leading case
on arrest
1 point
a) Joginder Kumar Vs State of U.P.
b) State of W.B.Vs D.K. Basu
c) Both a and b
d) None
of the abov
38. What is the maximum number
of witness which can be produced in a case
1 point
a) 5
b) 10
c) 15
d) No
limit
39. Natural guardian of an
adopted son under the Hindu Minority & Guardianship Act, 1956 is
1 point
a) Original father
b) In the absence of (a), original mother
c) Adoptive father
d) None
of the above
40. The rule is that penal
statutes must be constructed
1 point
a) Liberally
b) Strictly
c) Golden rule
d)
Mischievous
41. To close down a factory
the occupier has to give how many days notice to the authorities
1 point
a) 30 days
b) 60 days
c) 90 days
d) 14
days
42. Where the complaint
alleges a defect in the goods which cannot be determined without proper
analysis or test of the goods, the sample of goods forwarded to appropriate
laboratory for laboratory test. Such types of case finding report within days
1 point
a) 30 days
b) 40 days
c) 45 days
d) 60
days
43. When can the supreme court
refuse to grant remedy under Article 32
1 point
a) Delay
b) Malicious petition
c) Infructuous petition
d) All of
the above
44. Which condition is not
required to be satisfied by an invention to be patentable subject matter under
Patent Act
1 point
a) Novelty
b) Inventive steps
c) Distinctiveness
d)
Usefulness
45. A contract of 'indemnity'
under the Indian Contract Act, 1872, has been defined in Section:
1 point
a) 124
b) 123
c) 125
d) 126(a)
46. It refers to an authority
derived from official character merely, not expressly conferred upon the
individual character, but rather annexed to official position
1 point
a) Designation
b) Ex-Offico
c) Appointment
d) Ad
interim
47. Filing with the court, to
object owns or another'simprisonment is called?
1 point
a) Writ of Quo Warranto
b) Habeas Corpus
c) Writ of Prohibition
d) None
of the above
48. Under 0.33, an indigent is
allowed to prosecute any suit, provided he satisfied certain conditions. Which
of the following is not such a condition?
1 point
a) He is not possessed of sufficient means to enable him to pay the fees
prescribed for the plaint in such suit
b) He is not entitled to property worth Rs. 1000/
c) He has no sufficient means for his livelihood
d) He may
present the application for permission to sue as an indigent either himself or
through an authorized agent
49. The concept of "plea
bargaining" is not applicable to the offence committed against
1 point
a) A women
b) A child
c) Both a and b
d) None
of the above
50. Indian Computer Emergency
Response Team to serve as National Agency for incident response is constituted
under section
1 point
a) 71 of IT Act
b) 70 of IT Act
c) 70(a) of IT Act
d) 70(b)
of IT Act
51. The Environment
(Protection) Act, 1986, came into force on
1 point
a) 18 November 1986
b) 19 November, 1986
c) 20 November, 1986
d) 21
November, 1986
52. Which section of Indian
Evidence Act is based on English Doctrine of Res Gestae
1 point
a) 5
b) 6
c) 7
d) 8
53. In respect of family
relations the law applicable in India is
1 point
a) Secular law in India
b) Statutory law
c) Religious law
d)
Personal law of the parties
54. Which writis issued by the
court to quash the wrongful order of a lower court
1 point
a) Mandamus
b) Quo warranto
c) Prohibition
d)
Certiorari
55. Liability of drawer to
compensate the drawee in case of dishonor is primarily provided under
1 point
a) Section 29 (a)
b) Section 29
c) Section 30
d)
Section 31
56. Part Ill of Arbitration
and Conciliation Act, 1996 formalizes:
1 point
a) Process of Conciliation
b) Process of Arbitration
c) Enforcement of Foreign Awards under New York and Geneva Conventions
d) All
the above
57. Under which Supreme Court
judgment, action of the President to summon, prorogue and dissolve either of
the houses of the parliament, shall be unconstitutional if acted without advice
of Council of Ministers
1 point
a) Indira Gandhi Vs. Raj Narain A.I.R. 1975 S.C.2299
b) Anandan Vs. Chief Secretary, A.I.R. 1966 S.C 657
c) Rao Vs. Indira Gandhi A.I.R. 1971 S.C. 1002
d) None
of the above
58. A decree can be
transferred for execution to another court:
1 point
a) If the judgment debtor actually and voluntarily resides or carries on
business or personally works for gain, within the local limits of jurisdiction
of such court.
b) If the judgment debtor has property sufficient to satisfy the decree
within the limits of that court.
c) If the decree directs the sale or delivery of immoveable property
situated outside the local limits of jurisdiction of the court which passed it.
d) All of the above.
d) All of
the above.
59. Under which Section of CR.
PC the Assistant Public Prosecutor is appointed
1 point
a) 13
b) 20
c) 24
d) 25
60. In relation to Relevancy
of Character in civil cases, which of the following is not correct
1 point
a) It is not at all relevant
b) It is relevant when it affects award of damage
c) When character is itself an issue
d) When
it appears from the fact otherwise relevant
61. What should be the
difference of age under the Hindu Adoption and Maintenance Act, 1956, if a
female adopts male
1 point
a) 21 years
b) 25years
c) 18 years
d) 16
years
62. The various words used to
denote Mens Rea under the IPC and are defined in the code itself are
1 point
a) Voluntary, dishonestly, fraudulently & reason to believe
b) Corruptly and want only
c) Malignantly and maliciously
d) Rashly
and negligently
63. The term sabbatical is
connected with
1 point
a) Paid leave for study
b) Paternity leave
c) Maternity leave
d)
'Quarantine leave
64. Motor Vehicles Act 1939,
came into force in?
1 point
a) 1939
b) 1940
c) 1941
d) 1942
65. Which of the following
case is leading case in term of 'deliberate delay in filing of the suit
resulting in huge losses to the complainant
1 point
a) Prof. Krishanraj Goswami Vs. Vishwanath D. Mukashikar
b) Pratap Narayan Vs. Y. P. Raheja
c) Babulal Jain Vs. Subhash Jain
d) John
D'Souza Vs Edward Ani
66. The parties which cannot
be compelled to perform specific performances of contract are provided in which
section of Specific Relief Act:
1 point
a) 27
b) 28
c) 29
d) 30
67. What is the Special
Constitutional Position of Jammu and Kashmir?
1 point
a) It is above Indian constitution
b) Indian laws are not applicable
c) It has its own constitution
d) It is
not of the integral parts of Indian Union
68. A person cannot be a next
friend, a guardian of a person if:
1 point
a) He is a minor
b) He is an opposite party in the suit
c) He has not given consent in writing
d) All of
the above
69. In which section of the
Hindu Succession Act, 1956 the Law of Mitakshara has been incorporated
1 point
a) Section 8
b) Section 7
c) Section 9
d)
Section 6
70. The chief elements
necessary to constitute a crime are
1 point
a) A human being
b) An evil intent
c) Injury to another human being or society
d) All of
the above
71. "Dealer"
includes a person who is engaged
1 point
a) in building bodies for attachment to chassis; or
b) In the repair of motor vehicles; or
c) In the business of hypothecation, leasing or hire purchase of motor
vehicle
d) All of
the above
72. Under Section 25 of the
Land Acquisition Act, the amount of compensation awarded by the court
1 point
a) Shall not be less than the amount awarded by the Collector under Section
II
b) Shall not be equal to the amount awarded by the Collector under Section
II
c) Shall not be more than the amount awarded by the Collector under Section
II
d) All of
the above
73. The undertaking contained
in a promissory note, to pay a certain sum of money is:
1 point
a) Conditional
b) Unconditional
c) May be conditional or unconditional depending upon the circumstances
d) All of
the above
74. Recently, in which case
the Kerala High Court held that a University Grant Commission criterion which
allowed certain relaxation in marks to reserved categories as violation of
Article 16(1) of the Constitution
1 point
a) Nair Service Society Vs UGC; WP(C) No. 5190 of 2016 (W)
b) CBSE VS UGC; WP(C) No. 5190 of 2016 (W)
c) UGC Vs State Of Kerala; WP(C) No. 5190 of 2016 (W)
d) UGC Vs
Secretary of State ; WP(C) No. 5190 of 2016 (W)
75. In which of the following
cases, it was said that "unless a right of appeal is clearly given by
statue it does not exist":
1 point
a) M/s. Ram Narayan Pvt. Ltd. Vs Trading corporation Ltd. A.I.R 1983 S.C.
786
b) Raja Himanshu Dhar Singh Vs Addl. Registrar, A.IR 1962 ALL. 439
c) Zair Hussain Khan Vs Khurshed Jain (1906) I.LR 28 ALL. 545
d) Smt.
Gangabai Vs Vijaya Kumar, A.I.R 1974, S.C 1126
76. Which of the following
sections deals with the provisions relating to maximum period for which an
under-trial prisoner can be detained
1 point
a) 436
b) 436-a
c) 437-a
d) 437
77. To make the criminal
harmless by supplying him those things which he lacks and to cure him of those
drawbacks which made him to commit crime is known as
1 point
a) Expiatory or penance theory of punishment
b) Deterrent theory or preventive theory of punishment
c) Reformative or rehabilitative or corrective theory of punishment
d)
Retributive theory of punishment
78. Pakala Narayan Swami Vs
Emperor is a leading case on
1 point
a) Dying Declaration
b) Confession
c) Accomplice
d) Expert
witness
79. Who are the partners in a
bill of exchange?
1 point
a) Drawer & Drawee
b) Payee
c) Both a and b
d) None
of the above
80. Income which accrue or
arise outside India but are directly received into India are taxable in case of
1 point
a) Residents only
b) Both ordinarily residents and non-resident
c) Non-resident
d) All
the assesses
81. 'A', a surgeon, knowing
that a particular operation is likely to cause the death of Z', who suffers
under a painful complaint, but not intending to cause Z's death & intending
in good faith Z's benefit performs that operation on Z with Z's consent. A has
committed no offence, it is contained in
1 point
a) Section 88 of the IPC
b) Section 89 of the IPC
c) Section 90 of the IPC
d)
Section 87 of the IPC
82. A Hindu's widow, if there
are more than one, shall take
1 point
a) One share each
b) One share for all the widows
c) One share each to the maximum of two shares, if there are more than tw0
widows
d) None
of the above
83. Section 112 of Indian
Evidence Act, provides that a child would be treated as legitimate if after
dissolution of marriage, he/she has been born within
1 point
a) 180 days
b) 270 days
c) 280 days
d) 300
days
84. Which of the following
sections enables the court to cancel the bond and bail bond
1 point
a) 446-a
b) 446
c) 448
d) 450
85. A reference can be made
during the pendency:
1 point
a) The subordinate court refers the case to the high court for the latter's
opinion on a question of law.
b) The subordinate court refers the case to the high court for the latter's
opinion on a question of evidence
c) The subordinate court refers the case to the high court for the latter's
opinion on a question of fact
d) The
subordinate court refers the case to the high court for the latter's opinion on
a question of court procedure.
86. The Right of Equality
before the law under Article 14, is subject to the restriction of
1 point
a) Public order and morality
b) Reasonable classification
c) Reasonable restriction
d)
Reasonable situations
87. The distinction between
Sections 299 and 300 was made clear by Melvill. in
1 point
a) Reg Vs Guruchand Gope
b) Reg Vs Govinda
c) Reg Vs Hayward
d) Govind
Vs Reg
88. Any person aggrieved by an
order made by the Disciplinary Committee of the Bar Council of India U/S 36 or
37 of the Advocates Act, may prefer an appeal to the:
1 point
a) High Court
b) Supreme Court
c) State Government
d)
Central Government
89. A perpetual injunction can
only be granted by the decree at the hearing and upon the
1 point
a) Demand of the party
b) Discretion of the court
c) Merit of the suit
d) None
of the above
90. The provision relating to
Abolition of Untouchability is given in
1 point
a) Article 23
b) Article 24
c) Article 17
d)
Article 15
91. Under Section 115, in the
exercise of its revisional jurisdiction, a high court can do which of the
following things:
1 point
a) To call for the record of any case which has been decided by any court,
subordinate to the High Court.
b) To vary/reverse any decree or order against which an appeal lies to the
High Court.
c) Both a & b
d) None
of the above
92. In joint trail, the
evidentiary value of confession of a co-accused affecting himself and others,
has been discussed by the supreme court in
1 point
a) Kashmira Singh Vs state of mp
b) Sate of UP Vs Deorman Upadhyay
c) Ram Bharose Vs state of up
d) Rameshwar
Vs State of Rajasthan
93. Maintenance application
under Section 18/2) of Hama is filed in
1 point
a) Matrimonial court
b) District court
c) High court
d) Any of
the above
94. "Which of the
following belong to the category of direct tax
1 point
a) Goods and Services Tax
b) Excise duty and customs duty
c) Income tax and gift tax
d) All of
the above
95. The theoretical powers to
amend the constitution, has been given to the Members of Parliament and State
Legislatures by
1 point
a) Article 358
b) Article 368
c) Article 378
d) No
such powers
96. Under Section 114, a
person can apply for review of judgment when:
1 point
a) He is aggrieved by a decree/order from which an appeal is allowed, but
no appeal is allowed.
b) He is aggrieved by a decree/order from which no appeal is allowed.
c) He is aggrieved by a decision on a reference from a court of small
causes.
d) All of
the above
97. In which of the following
cases the Supreme Court of India opined that "bail is the surety and jail
is an exception"
1 point
a) Joginder Kumar Vs State of U.P.
b) Moti Ram Vs State of M.P.
c) Maneka Gandhi Vs Union of India
d) State
of W.B. Vs D.K. Basu
98. The provisions relating to
compoundable offence is provided under Section
1 point
a) 319
b) 320
c) 265(d)
d) 321
99. Under which section of
CPC, option for settlement of dispute is provided outside the court?
1 point
a) 80(1)
b) 89(2)
c) 89(1)
d) 80(2)
100. Where a magistrate of the
first class passes only a sentence of fine not exceeding Rs. 100, against this
order where an appeal shall lie:
1 point
a) In the court of Chief Judicial Magistrate
b) In the court of Chief Metropolitan Magistrate
c) Both a and b
d) None
of the above
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