All India Bar Examination - XIII Question and Answers
All India Bar Examination - XIII
1. Disciplinary Committee of
Bar Council is conferred the powers of Civil Court under code of Civil
Procedure 1908
1 point
a) Section 36 of Advocates Act 1961
b) Section 42 of Advocates Act 1961
c) Section 42 A- of Advocates Act 1961
d)
Section 28 of Advocates Act 1961
2. Which one of the following
is a leading case on 'Injuria Sine Damnum?
1 point
a) Rylands Vs Fletcher
b) Ashby Vs White
c) Donougue Vs Stevension
d) All of
the Above
3. Which one is leading case
on Strict Liability
1 point
a) Alen Vs Flood
b) Rylands Vs Fletcherald
c) Borhil Vs Young SORTE
d) Donougue
Vs Stevension
4. Which of the following is
not a Federal feature of any Constitution
1 point
a) Written Constitution
b) Double set of Government
c) Rigid Constitutional
d) Single
Citizenships
5. Parliament in exercise of
its power to amend under Article 368, may not To amend
1 point
a) Preamble
b) Fundamental Right
c) Supreme Court
d) Basic
Structure
6. Which article starts with
"Subject to public order, morality & health".
1 point
a) Article 14
b) Article 15
c) Article 28
d)
Article 25
7. Section 19 of the Hindu
Adoption and Maintenance Act 1956 provides for the Maintenance of:
1 point
a) Wife
b) Parents
c) Widowed daughter-in-law
d)
Children
8. Section 30 of the Hindu
successions Act, 1956 deals with:
1 point
a) Woman estate
b) Testamentary Successions
c) Male Successions
d) Female
Successions
9 Which one of the following
sections of Cr. P.C deals with compoundable offence?
1 point
a) Section 319 D
b) Section 320
c) Section 321
d)
Section 324
10. What is the time limit
under section 468 of Cr. P.C for taking cognizance:
1 point
a) One year
b) Two year
c) Three years
d) No
limit
11. The designation 'Senior
Advocates' is provided under
1 point
a) Section 16, Advocates Act 1961
b) Section 26, Advocates Act 1961
c) Section 6, Advocates Act 1961
d)
Section 15, Advocates Act 1961
12. Right to pre-audience is
provided by
1 point
a) Section 33 of Advocates Act 1961 I
b) Section 23 of Advocates Act 1961
c) Section 16 of Advocates Act 1961
d),
Section 36 of Advocates Act 1961
13. The 'Contempt of Court'
belongs to
1 point
a) Entry 77 of Union list and entry 14 of State list in the Vllth schedule
of Constitution of India;
b) Entry 70 of union list and entry 40 art of state list
c) Entry 67 of Union list and entry 13 of State list
d) None
of these
14. Section 66A was
invalidated by the Supreme Court of India in:
1 point
a) Anvar P. V. Vs P.K. Basheer, (2014)10 SCC 473.
b) Shreya Singhal Vs Union of India, AIR 2015SC 1523.
c) Dr. Prafulla Desai Vs State of Maharashtra, AIR 2003 SC 2053.
d) State
(NCT of Delhi) Vs Navjot Sandhu, (2005) 11 SCC 600.
15. Environmental impact
assessment (EIA) is mandatory under
1 point
a) Indian forest act
b) Air Act
c) Wildlife protection act
d)
Environment protection act
16. The term 'Suit of a Civil
Nature' refers to
1 point
a) Private rights and obligations of a in citizen.
b) Political, social and religious question.
c) A suit in which principal question relates to caste or religion.
d) All of
the above
17. The rule of res Sub-
Judice Implies:
1 point
a) Where the same subject matter is D in pending is a court of law for
adjudication between the same parties, the other court is barred to entertain
the case so long as the first suit goes on.
b) Where the same subject matter is pending in a court of law for
adjudication between the different parties, the other court is barred to
entertain the case so long as the first suit goes on.
c) Where the different subject matter is pending in a court of law for
adjudication between the same parties, the other court is barred to entertain
the case so long as the first suit goes on.
d) None
of the above
18. A suit brought by a person
to recover possession from a stranger of matth property claiming it as heir of
the deceased Mahant. The suit is dismissed on his failure to produce the
succession certificate. A second suit was filed by him as manager of the math.
1 point
a) The second suit will be barred by de Res Judicata.
b) The second suit will not be barred by Res Judicata.
c) The second suit will be barred by Res sub - Judicae
d) None
of the above
19. under section 118 of the
Indian evidence act, a person is a competent witness if he or she
1 point
a) is a minor
b) is not lunatic
c) Is not of extreme old age
d) is
capable of understanding questions put to him and giving rational answers
irrespective of age.
20) Which of the following
judgement is irrelevant under section 43 of Indian
1 point
a) Judgement of an insolvency court
b) Judgement of criminal court
c) Judgement of matrimonial court
d)
Judgement of probate court
21. under which section of the
Indian evidence act a witness has been given right to refresh his memory
1 point
a) Section 157
b) Section 158
c) Section 159
d)
Section 160
22. The provision relating to
free legal aid is given under
1 point
a) Section 301
b) Section 304
c) Section 303
d)
Section 305
23. Under Which one of the
following provisions of Cr.P.C police officer is under an obligation to produce
the person arrested before a magistrate within 24 hours of the arrest
1 point
a) Section 56
b) Section 57
c) Section 60
d)
Section 70
24) Who may record
confessional statement under section 164 of the Cr.P.C.
1 point
a) Police Officer
b) Judicial officer
c) Both A and B
d)
Judicial Magistrate having We Jurisdiction only.
25. The provision relating
Plea bargaining is not applicable in following offence.
1 point
a) Scio-economic offence
b) Offence against women
c) Both A and B
d) None
of the above
26. Who among the following
cannot Como transfer an immovable property?
1 point
a) Hindu widow
b) Muslim widow
c) Natural guardian of a minor.
d) Karta
or manager of joint Hindu family
27. The doctrine of Lis
pendens' was explained in the leading case of:
1 point
a) Bellamy Vs Sabine
b) Cooper Vs Cooper
c) Streatifised Vs Streafield
d) Tulk
Vs Moxbay.
28. Delegated legislation was
declared constitutional in?
1 point
a) Berubari case
b) Re Delhi laws act case
c) Keshwarnand bharti case
d) Maneka
Gandhi case
29. A Prospectus which does
not include complete particulars of the quantum or price of the securities
included therein in known as:
1 point
a) shelf Prospectus
b) memorandum
c) Red Herring Prospectus
d)
Issuing House
30. When there is no profit in
one year or In the profit of a company is not enough to pay the fixed dividend
on preference shares, the arrears of dividend are to be carried forward and
paid before a dividend is paid on the ordinary shares. This is called:
1 point
a) Participating preference shares
b) cumulative preference shares
c) Non-cumulative preference shares
d) Non-
Participating preference shares
31. "Industrial
dispute" means any dispute or difference between i. Employers and
employers ii. Employers and workmen iii. Workmen and workmen iv. Master and
worker
1 point
(a) (i) and (ii)
(b)(iv)
(c) (i), (ii),(iii) and (iv)
(d) (i),
(ii) and (iii)
32. Who was the Chief Justice
of India when the Concept of PIL was introduced to Indian Judicial system
1 point
a) M. Hidayataullah
b) A.M. Ahmadi
c) A.S. Anand
d) P.N.
Bhagwati
33. The Supreme Court of India
issued a prevention of Woman in Various forms of prostitution and to
rehabilitate their Children Through various welfare measures an 'so as to
provide them with dignity of person, means of livelihood and socioeconomic
development in the Case of
1 point
a) Vishaka Vs State of Rajasthan, AIR 1997 Section 3011
b) Gaurav Jain Vs Union of India , AIR 1997 Section 3021
c) Delhi Domestic Working women's Forum Vs Union of India (1998) 1 Section
14
d) Sheela
Barse Vs Union of India (1986) 35 Section 596
34. X strike 'A'. 'A' is by
this provocation excited to violent range.'y'a bystander intending to take
advantage of 'A's rage and to cause him kill 'X', gives a revolver into 'A's
hand for that purpose. 'A' kills 'X' with the revolver:
1 point
a) A is liable for committing murder and Y is liable for abetting murder.
b) A is liable for committing culpable homicide and Y is not liable.
c) A is liable for committing culpable homicide and Y is liable for abetting
culpable homicide not amounting to murder.
d) A is
not liable and Y is liable for abetting murder.
35. Right to fare Legal Aid
was recognised as a fundamental right under act 21 of Indian Constitution in
the Case of
1 point
a) Hussaainara Khatoun Vs Home Secretary, State of Bihar, Air 1979 SC
b) M.H Hoskot Vs State of Maharashtra, Air 1978 SC 1548
c) Madhu Mehta Vs Union of India (1989) 4 SC 1548
d) Rudal
Shah Vs State of Bihar (1983) 45 Sc 14
36. In Which Country was the
concept of PIL Originated
1 point
a) United Kingdom
b) United State of America
c) India
d)
Australia
37. 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
38. What kind of property is
transferable?
1 point
a) Pension.but
b) Public office.
c) Right to re-entry
d) Any
kind of property if not prohibited by law.
39. Which of the following
does not come under the 'immovable property' as per the T.P. Act?
1 point
a) Sales of a ceiling fan.
b) Right to claim maintenance.
c) Right relating to lease
d)
Easementary right.
40. Under which Section of
Income tax Act, 1961 'Income of other persons included in Assessee's total
income
1 point
a) 56-58
b) 60-65
c) 45-54
d) All of
the Above
41. A period of 12th Months
commencing on the 1st day of April of every year is known As:
1 point
a) Assessment years
b) Leap year
c) Previous year
d) None
42. Which Section of the
information technology (amendment) Act, 2008 deals with the validity of
contracts formed through electronic means:
1 point
a) Section 12
b) Section 10A
c) Section 11
d)
Section 13
43. A person entitled to the
possession of specific immovable property may recover in the manner provided
by:
1 point
a) The code of procedure, Act 1908.
b) The Indian registration Act, 1908
c) The Indian Contract Act, 1872.
d) The
Transfer of property Act, 1882
44. Section 39 of Specific
Relief Act deals
1 point
a) Registration of Instrument
b) Cancellation of Instruments
c) Correctness of Instruments
d) None
of the above
45. Which of the following
section of the motor vehicle Act 1988 defines the term 'Owner'?
1 point
a) Section 2 (30)
b) Section 2 (31)
c) Section 2 (25)
d)
Section 2 (32)
46. Under Land Acquisition
Act, 1894 an industrial concern, ordinarily, employing not less than
................. workmen owned by an individual or by an association of
individuals and not being a Company, desiring to acquire land for the erection
of dwelling houses for workmen employed by the concern or for the provision of
amenities directly connected therewith shall, so far as concerns the
Acquisition of such land, be deemed to be a company for the purpose of this part,
and the references to company in (sections 4, 5A, 6, 7, and 50) shall be
interpreted as references also to such concern. Fill in the blanks:
1 point
a) One Hundred
b) Two Hundred
c) Three Hundred
d) Four
Hundred
47. Under Land Acquisition
Act, 1894 the expression "Company" means
1 point
a) a company as defined in section 3 Bar of the Companies Act, 1956, other
than a Government company referred to in clause(cc);
b) a company as defined in section 2 of the Companies Act, 1956, other than
a Government company referred to in clause (c)
c) a company as defined in section 1 of the Companies Act, 1956(1 of 1956)
other than a Government referred to in clause (cc);
d) a
company as defined in section 6 of the Companies Act, 1956 (1 of 1956), other
than a Government company referred to in clause (c);
48. A "dumb witness"
given his evidence in writing in the open court, such evidence would be treated
as
1 point
a) Oral evidence
b) Documentary evidence
c) Secondary evidence
d)
Primary evidence
49. under the Indian evidence
act, which of the following is not a court
1 point
a) Persons legally authorised to take evidence
b) Judges
c) Magistrates
d)
Arbitrators
50. What is the maximum
duration within which fast track arbitration must be completed
1 point
a) 6 Month
b) 12 Months
c) 18 Months
d) 24
Month
51. Which one of the following
section deals with form of summons?
1 point
a) Section 60
b) Section 61
c) Section 62
d)
Section 64
52. Under Cr. P.C provisions
relating to prosecution of judge is provided under.
1 point
a) Section 196
b) Section 197
c) Section 198
d)
Section 199
53.Joint sitting of both
Houses of parliament may be called by the?
1 point
a) Speaker
b) Chairman
c) President
d) Prime
Minister
54. Specific relief...........
Where the agreement is made with minor fill in blanks
1 point
a) Can get
b) Cannot be given
c) Can release
d)
Implemented with law
55. State of U.P. Vs Nawab
Hussain, 1977 SCR (3) 428 relates to
1 point
a) Res subjudice.
b) Res judicate.
c) Constructive resjudicata
d) Deemed
rejudicata
56. X is living in Pune and Y,
his brother in Mumbai, X wants to file a suit for partition of their joint
property situated in Delhi and Bangalore.
1 point
a) The suit may be instituted in Delhi only.
b) The suit may be instituted in Bangalore only.
c) The suit may be instituted either in Delhi or Bangalore.
d) None
of the above.
57. An immovable property held
by Y is situated at Bhopal and the wrongdoer personally works for gain at
Indore. A Suit to obtain compensation for wrong to the property may be
instituted.
1 point
a) At Bhopal
b) At Indore
c) Either at Bhopal or at Indore
d) None
of these
58. Which of the following
appears to contribute to global cooling rather than global warming
1 point
a) Nitrous Oxide
b) Aerosol
c) Methane
d) CFC
59. A and B agree to fence
with each other for amusement. This agreement implies the consent of each to
suffer any harm which in the course of fencing, may be caused without foul play
and if A, while playing fairly, hurts B. A commits no offence. The provision
are given under:
1 point
a) Section 87
b) Section 85
c) Section 86
d),
Section 88
60. The provision of the right
of private defence are given:
1 point
a) Under Section 96-108 of the Indian penal code
b) Under section 94-106 of the Indian penal code
c) Under Section 96-106 of the Indian penal code
d) Under
section 95-106 of the Indian penal code
61. A question suggesting the
answers Mano Which the person putting it wishes or To expects to receive is
called
1 point
a) Indecent Questions
b) Leading Questions
c) Improper Questions
d) Proper
Questions
62. Option of puberty is a
ground of divorce Under Hindu Marriage Act 1955 for
1 point
a) Only Husband
b) Only Wife
c) Both Husband and Wife
d) None
of the Above
63. Which section of the Hindu
Marriage Act 1955
1 point
a) Section 11
b) Section 13(a)
c) Section 12
d)
Section 16
64. "Industrial
establishment" means i. A factory ii. A mine iii. A plantation iv. An
industry
1 point
(a) (i), (ii), (iii), (iv)
(b) (i), (ii), (iii)
c) (i) and (ii)
(d) Only
(i)
65. Strike should be called
only if at least.........percent of workers are in support of strike. (Fill in
the blank).
1 point
a) 10
b) 15
c) 20
d) 25
66. Industrial relations cover
the following area(s)i) Collective bargainingii) Labour legislationiii) Industrial
relations training iv) Trade unions
1 point
(a) (i)
(b) (i) and (ii)
(c) (i), (ii) and (iii)
(d) (i),
(ii), (iii) and (iv)
67. The Latin word 'Res Ipsa
Laquitur means:
1 point
a) Things speaks its story itself.
b) Where there is consent, there is no injury.
c) Both (a) and (b)
d) None
of the Above
68. In which of the following
cases the 'Principal of common Employment' was evolved for the first time?
1 point
a) Rylands Vs Fletcher
b) Priestley Vs Fowler
c) Ashby Vs White
d) Wagon
Vs Mound
69. When two or more persons
agree to do an illegal act or an act which is not illegal by illegal means such
an agreement is designated as:
1 point
a) Abetment by conspiracy
b) Abetment by Aid
c) Criminal conspiracy
d)
Abetment
70. The provisions regarding sedition
are given:
1 point
a) Under Section 124 of the I.P.C
b) Under Section 124-A of the. I.P.C
c) Under Section 121-A of the I.P.C
d) Under
Section 130 of the I.P.C
71. "Mandamus" May
be issued by
1 point
a) Supreme court
b) High court
c) District court
d) Both
(a) & (b)
72. The provision for
administration tribunals added by
1 point
a) 42nd Amendment
b) 44th Amendment
c) 24th Amendment
d) 43rd
Amendment
73. When two or more person,
by fighting in a public place disturb the public the public peace, they are
said to commit:
1 point
a) A riot
b) An affray
c) An assault
d) None
of the above
74. Promotion of "class
hatred" in given under:
1 point
a) Section 153-A of the I.P.C
b) Section 153-AA of the I.P.C
c) Section 153-B of the I.P.C
d)
Section 144-A of the I.P.C
75. The distinction between
section 299 and 300 was made clear by Melvill.J.in
1 point
a) Reg Vs Gorachand Gopee
b) Reg Vs Govinda
c) Govinda Vs Reg
d) Reg Vs
Hayward
76. A resides at Hyderabad, B
at Calcutta and C at Delhi. A, B and C being together at Allahabad, B and C
make a joint promissory note payable on demand, and deliver to A. A may sue B
and C
1 point
a) At Allahabad where the cause of 96 action arises.
b) At Calcutta, where B resides.
c) At Delhi, where C resides,
d) All of
the above.
77. Section 25 empowers the
supreme court to transfer any suit, appeal or other proceeding:
1 point
a) From one High Court to another High Court.
b) Form one civil court in court in one state to another civil court in any
other state
c) Both (A) and (B)
d) Only
(A)
78. In which of the following
cases, can C set-off the claim?
1 point
a) A sues C on a bill of exchange for - Rs. 500/-, C alleges that A has
wrongfully neglected to ensure C's goods and he is liable to pay compensation.
b) A sues Con a bill of exchange for Rs. 500/-, C holds a decree against A
for recovery of debt of Rs. 1000/-.
c) A sues B and C for Rs. 1000/-, the debt is due to C alone by A.
d) A and
B sues C for Rs. 1000/-, the debt is due to C by alone.
79. Which one of the following
sections of Cr.P.C deals with examination of person accused of rape by medical
practitioner.
1 point
a) Section 54-A
b) Section 55-A
c) Section 53-A
d),
Section 60-A
80. According to section 167
of the Cr.P.C an accused person can be remanded to police custody for not more
than
1 point
a) 7 days at one time
b) 30 days at one time
c)15 days at one time
d) 60
days at one time
81. Which of the following is
essential for a valid adoption under the Hindu Marriage Act, 1955?
1 point
a) Datta homam
b) Actual giving and taking of child
c) Both (a) and (b)
d) None
of the Above
82. Hindu male can adopt a
female child, if the difference of age between the two is of more than
1 point
a) 15 years
b) 18 years
c) 20 years
d) 21
years
83. Which of the following
relations is not dependent under Section 21 of the Hindu Adoption and
maintenance Act 1956?
1 point
a) Grand Mother
b) Mother Sectio
c) Widow
d)
Daughter
84. Which among the following
is not an ADR method under Section 89 of C.P.C. 1908
1 point
a) Mini Trial
b) Judicial settlement Through lok 1973
c) Conciliation
d) None
of the above
85. What is the maximum number
of Conciliators allowed in a concelations proceeding:
1 point
a) 1
b) 2
c) 5
d) None
of the Above
86. What is the status of a
settlement agreement in cancelation proceeding:
1 point
a) Non-binding
b) Same as a settlement award
c) Unlike a settlement award
d) None
of the above
87. "Hadees" is one
of the sources of Muslim law, It Comprises
1 point
a) Very words of god
b) Words and actions of the prophet
c) Unanimous decision of jurists
d)
Analogical decisions
88. Intellectual Property
appellate Board is established under which Act
1 point
a) The copyright Act, 1957
b) The patent Act, 1970
c) The Trademark Act, 1999
d) The
designs Act, 2000
89. A communication made to
the spouse during marriage, under section 122 of the Indian evidence act
1 point
a) Remains privileged even after dissolution of marriage
b) Does not remain privileged after dissolution of marriage only by divorce
c) Does not remain privileged after dissolution of marriage only by death
d) Does
not remain privileged in both the case (b) and (c)
90. which section of the
Indian Evidence act provides that an accomplice is a competent witness
1 point
a) Section 114 illustration (B)
b) Section 118
c) Section 133
d)
Section 134
91. Which is the subject
matter of neighbouring rights pretention
1 point
a) Performance
b) Dramatic work
c) Geographical indication
d) New
varieties and plant
92. Adam Smith has enumerated
cannons of taxation which are accepted universally they are:
1 point
a) Equality and Certainty
b) Equality, convenience and Economy
c) Equality and Economy
d)
Equality, Certainty, Convenience and Economy
93. For the first time in
India Income tax no law was introduced by Sir James Wilson in the year:
1 point
a) 1886
b) 1868
c) 1860
d) None
of the Above
94. A suit may be dismissed
under order IXi) Where the summons is not served upon the defendant in
consequence of the plaintiffs failure to pay costs for service of summons (Rule
2)ii) Where neither the plaintiff nor the defendant appears (Rule 3) iii) Where
plaintiff, after summons returned unserved, fail for 7 days to apply for fresh
summons (Rule 5)iv) Where on the date fixed formhearing in a suit only
defendant appears and he does not admit the plaintiff's claim. (Rule 8) Codes:
1 point
a) I, II and III
b) I, III and IV.
c) II, III and IV.
d) All of
the above
95. The Ex-officio chairman of
the council of the state is?
1 point
a) The President
b) Speaker, Lok Sabha
c) Vice President
d) None
of the above
96. Right to property in India
is
1 point
a) Fundamental Right
b) Constitutional Right
c) Statutory Right
d) Legal
Right
97. Which of the following
writs means to produce the body of a person
1 point
a) Certiorari
b) Quo warranto
c). Prohibition
d) Habeas
Corpus
98, Restrictions may not be
imposed on freedoms provided under Article 19(1)(a) on this ground
1 point
a) Defamation
b) Public Order
c) Sedition
d)
Security of the state
99. Right guaranteed to
citizen only is
1 point
a) Article 21
b) Article 20
c) Article 19 (1) (a)
d)
Article 25
100. President can be removed
on the ground of?
1 point
a) Proved Misbehaviour
b) Incapacity
c) Violation of Constitution
d) All
the above
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