About AIBE III 2012
AIBE III 2012 is a real All India Bar Examination paper: 100 multiple choice questions, three hours, one mark each and no negative marking. You sit it here in exam mode, with the timer, the question palette and mark for review working as they do in the real thing. Of its 100 questions, 2 were withdrawn by the Bar Council, so 98 are scored.
Every answer comes from the Bar Council of India's own final answer key, published at allindiabarexamination.com, not from anyone's reading of the paper. The pass mark is 45% for General and OBC candidates.
The first 10 questions of AIBE III 2012
These 10 are free to attempt above, with no sign-in. The correct answers, your score and your rank come with the pass.
-
Which of the following Statements is least accurate about an arbitration agreement in India?
- AThe arbitration agreement must contemplate that the arbitral Tribunal's decision will be binding on its parties.
- BThe arbitration agreement must contemplate that the arbitral Tribunal will determine the substantive rights of the parties.
- CExistence of an arbitration agreement is necessary for a valid arbitration.
- DThe arbitration agreement must State who the members of the arbitral Tribunal shall be.
- EThe arbitration agreement should be valid under the Indian Contract Act, 1872.
-
Which of the following is not a ground to set aside an arbitral award under the Arbitration and Conciliation Act, 1996?
- AThe arbitral award conflicts with public policy.
- BThe arbitral award failed to appreciate the evidence properly.
- CThe arbitration agreement is invalid in the eyes of the law.
- DThe arbitral award was beyond the scope of reference outlined in the arbitration agreement.
- EThe arbitral Tribunal was composed in an illegal manner.
-
Which of the following Statements is least accurate about an expert determination?
- AAn expert's determination requires that the dispute be referred to an independent third party.
- BAn expert's determination is not enforceable like an arbitral award is.
- CAn expert's determination may be challenged in a Court of law.
- DAn expert's determination is not intended to bind the parties.
- EAn expert is not required to give reasons for the determination.
-
Which of the following is least likely to be required of a settlement agreement in a mediation proceeding?
- AA settlement agreement should be balanced and reflect the benefit to each party.
- BA settlement agreement should be in writing.
- CA settlement agreement should be expressed in judgmental language.
- DA settlement agreement should describe the responsibility of each party in implementing it.
- EA settlement agreement should State what the parties' future relationship is to be.
-
A enters into a contract to sell his house to his son B at a nominal price of Rupees Five lakhs, and B agrees to pay Rupees Ten thousand every month to A's daughter, C, for her lifetime. The contract contains an arbitration clause that in the event of any dispute between the parties with respect to the terms of the contract or its implementation, they will refer the matter to arbitration. Later, B stops paying C. C wishes to commence an arbitration proceeding, but B does not agree to arbitration. C files a suit seeking the Court's direction that arbitration proceedings be commenced. In light of these facts, which of the following statements is most accurate?
- AThere was no 'separate' arbitration agreement between A and B, and therefore C's suit will be dismissed.
- BThere was no arbitration agreement between B and C, and therefore C's suit will be dismissed.
- CB's agreement to pay Rupees Ten thousand every month to C was an ancillary matter and not the subject matter of the contract, and therefore C's suit will be dismissed.
- DSince arbitration is a voluntary method of alternate dispute resolution and B did not agree to arbitration, no arbitration proceedings can be ordered by the Court.
- EB's failure to pay is clearly a dispute regarding implementation of the contract, which is the subject matter of the arbitration agreement, and therefore the Court is obliged to refer the matter to arbitration.
-
A and B agree to refer a land dispute to conciliation. C, the conciliator, makes a proposal for the settlement of their dispute, whereby the land will be split between A, B, and their sons in a particular manner. A's son D protests to A that the proposal is biased in favour of B. However, A and B are of the opinion that the proposal is the best solution to their dispute. D then claims his share (as outlined in C's proposal) from B, but they refuse to hand over his share. In light of these facts and the principle below, which of the following statements is most accurate?
- ASince A and B have agreed to C's proposal, they are bound to hand over D's share to him.
- BSince there is a valid settlement agreement signed by the parties in place; D is entitled to claim his share, as the agreement is final and binding.
- CSince there is no settlement agreement between A and B yet, D cannot claim his share under C's proposal.
- DSince D has claimed under the settlement agreement, it is final and binding on him; therefore, he can only seek C's aid in enforcing the agreement.
- ED is not a party to the conciliation proceedings, and therefore he can file a suit requesting that the Court set aside the settlement agreement.
-
A and B refer a dispute to an arbitral Tribunal. The Tribunal passes an award but both parties think that the Tribunal has taken an incorrect view of an applicable point of law. Can the parties approach the Court to appeal against this order?
- ANo, unless they argue that the award is against public policy.
- BYes, because the Court may support their alternative view of the law.
- CYes, but only because both parties agree that the tribunal's award is incorrect.
- DYes, but only if the arbitral award makes the award appealable.
- EYes, but only as a fresh suit, and not as an appeal from the arbitral award.
-
Which of the following Statements is most accurate about a clerical error that has accidentally crept into a judgment?
- ASuch an error cannot be corrected except by way of an appeal against the judgment.
- BThe parties must file a fresh suit to rectify the error in the judgment.
- CThe parties can apply to and request the registrar of the Court to rectify the error in the judgment.
- DThe clerk who is responsible for the error must file an application to correct the error in the judgment.
- EThe Court may, of its own motion, rectify the error in the judgment.
-
Which of the following Statements is most accurate about the Limitation Act, 1963?
- AIt prescribes the jurisdictional limits of various Courts in India.
- B'It prescribes the pecuniary limits of various Courts' jurisdiction in India.
- CIt prescribes the territorial limits of various Courts' jurisdiction in India.
- DIt prescribes the periods of limitation for different types of proceedings that may be instituted in a Court or an arbitral Tribunal.
- EIt prescribes the periods of limitation for different types of proceedings that may be instituted in a Court.
-
In which of the following circumstances can a Court pass an interlocutory order?
- ABefore a suit has been filed, to protect the rights of the parties.
- BAfter a suit has been filed but before its final disposal, to protect the disputed property.
- CAfter a suit has been filed but before its final disposal, to protect the rights of the parties.
- DAfter final disposal of a suit, to protect the disputed property.
- EAfter final disposal of a suit, to protect the rights of the parties.
Questions 11 to 100 of this paper, the correct answer to every one of them, your score and your rank: Rs 499, validity 1 year.
All 19 AIBE previous year question papers
