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All India Bar Examination practice

AIBE 3 (III) 2012

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Paper AIBE III 2012 Section All questions (100) Marks +1 each, no negative marking AIBE XXII (22) in 42 days Locked

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AIBE 3 (III) 2012 question paper: all 100 questions

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  1. Q1. 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.

  2. Q2. 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.

  3. Q3. 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.

  4. Q4. 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.

  5. Q5. 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.

  6. Q6. 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.

  7. Q7. 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.

  8. Q8. 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.

  9. Q9. 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.

  10. Q10. 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.

  11. Q11. In which of the following circumstances will a judgment of a foreign Court not operate as res judicata between the parties?

    Withdrawn by the Bar Council: not scored.

    • AThe foreign Court was not one of competent jurisdiction.
    • BThe judgment was given only on the merits of the case.
    • CThe judgment was obtained fraudulently.
    • DThe proceedings in the foreign Court did not follow the principles of natural justice.
    • EThe foreign Court failed to recognise that Indian law was applicable.

  12. Q12. A files a suit against B over a contractual dispute. The Court summons B and fixes a date to hear the matter. On the appointed day, A fails to appear in person. A's lawyer informs the Court and B that A will be unable to attend the hearing as she is attending a parent-teacher meeting at her son's school. In light of these facts and the principle below, what is the Court most likely to do?

    • AThe Court will dismiss the suit, as the plaintiff did not appear in person.
    • BThe Court will proceed ex-parte, as the defendant did not appear in person.
    • CThe Court will proceed with the hearing, as the plaintiff has sufficient cause to be absent.
    • DThe Court will proceed with the hearing, as the defendant has sufficient cause to be absent.
    • EThe Court will proceed with the hearing, as the defendant and the plaintiff's lawyer are present in Court.

  13. Q13. A enters into agreements with B and C. A agrees to supply B with oranges and to supply C with mangoes. Subsequently, A fails to supply both B and C with the fruits as promised. In light of these facts and the principle below, which of the following Statements is most accurate?

    • AB & C must file separate suits, as A has entered into separate agreements with B and C.
    • BB and C may file a suit against A together, as A's failure to supply them, with fruits is a common cause of action.
    • CB and C may file a suit against A together, as the right to relief arose from the same act, that is, A's failure to supply them with fruits.
    • DB and C may file a suit against A together, as the right to relief arose from the same transaction, that is, A's agreement with B and C.
    • EB and C may file a suit together, as common questions of law and facts would arise if they filed separate suits.

  14. Q14. ABC Private Limited is a courier company head quartered at Mumbai. D, a resident of New Delhi, is visiting Mumbai and dispatches a consignment of valuable goods through ABC Private Limited from Mumbai to his ancestral home in Kolkata. In the course of transit, the goods are damaged at Bhopal. In light of these facts and the principles below, where is D permitted to file a suit against ABC Private Limited?

    • AAt Bhopal, Mumbai, or Kolkata.
    • BAt Mumbai or Bhopal.
    • CAt Mumbai, Bhopal, or New Delhi.
    • DAt New Delhi or Bhopal.
    • EAt Mumbai or Kolkata.

  15. Q15. Which of the following matters does the Parliament have the power to make laws on?

    • AEntries in List I in Seventh Schedule of the Constitution of India.
    • BEntries in Lists-I and II in Seventh Schedule of the Constitution of India.
    • CEntries in Lists II and III in Seventh Schedule of the Constitution of India.
    • DEntries in Lists I and III in Seventh Schedule of the Constitution of India.
    • EEntries in Lists I, II, and III in Seventh Schedule of the Constitution of India.

  16. Q16. Which of the following is a fundamental right that a foreign national residing in India enjoys?

    • AThe right to assemble peaceably and without arms.
    • BThe right to carry on a business.
    • CThe right to move freely throughout the territory of India.
    • DThe right against deprivation of personal liberty.
    • EThe right to reside in any part of India.

  17. Q17. Which of the following writs is used to challenge the legality of a claim that a person asserts to a public office, and to remove such a person from the public office if the claim is not well-founded?

    • AQuo warranto.
    • BHabeas corpus.
    • CMandamus.
    • DCertiorari.
    • EProhibition.

  18. Q18. Which of the following Statements is most accurate about a judgment of the High Court of a State?

    • AIt is binding on an administrative Tribunal of that State.
    • BIt is binding on all administrative Tribunals in India.
    • CIt is of persuasive value to an administrative Tribunal of that State.
    • DIt has no value to any of the administrative Tribunals in India.
    • EIt has no value to an administrative Tribunal of that State.

  19. Q19. A State passes a legislation making it mandatory for all persons riding two-wheelers within the State to wear helmets. This rule extends not only to the driver, but also to any passenger on a two-wheeler. A two- wheeler rider, A, challenges the legislation on the ground that it violates A's fundamental right under Article 19(1)(d) of the Constitution of India to move freely throughout the territory of India. Will the challenge succeed?

    • ASince the rule that makes helmets for two-wheeler riders does not exist in other States, it is arbitrary and unreasonable. As such, it violates the fundamental right under Article 19(1)(d) and must be struck down.
    • BThe safety of persons riding two- wheelers cannot be said to be in the interest of the 'general public'. Moreover, wearing a helmet affects the safety only of those riding the two-wheeler, and nobody else, including the other persons on the road. Hence, the rule that makes helmets compulsory will be struck down.
    • CThe rule that makes helmets compulsory is a reasonable restriction on the right under Article 19 (1) (d), and moreover, is in the interests of the general public. Therefore, the challenge will not succeed.
    • DThe rule that makes helmets compulsory, if struck down, would affect the right to carry on any occupation-trade, or business of the helmet manufacturers, and therefore, cannot be struck down.
    • EThe rule that makes helmets compulsory is a reasonable restriction on the right under Article 19(1)(d), but it must be imposed by the Central Government for it to be valid. Hence, the rule will be struck down.

  20. Q20. The Panchayat Act of a State provides that all matters relating to criminal trespass shall be decided by the nyaya panchayat of that area. The Panchayat Act also provides that no lawyer may plead a case before a nyaya panchayat. A is arrested on a charge of criminal trespass and is produced before the relevant Nyaya Panchayat. A demands access to a lawyer, but is denied. Which of the following is most correct?

    • AA has the right to consult a legal practitioner, and to be defended by one. However, this right would be overruled by the provisions of the Panchayat Act.
    • BPromoting local self-government is one of the constitutional ideals, and individual liberties cannot be allowed to hamper the development of such ideals. As such, A does not have the right to consult or be defended by a legal practitioner.
    • CA may consult a legal practitioner. However, it cannot be argued that merely appearing before a nyaya panchayat on criminal grounds requires a 'defence'. As such, A does not have the right to ask for a lawyer when appearing before the Nyaya Panchayat.
    • DA has the right to consult a legal practitioner, and to be defended by a legal practitioner. However, this right would only come into operation if A is convicted of the offence of criminal trespass, and not before.
    • EThe State cannot make a law that is in contravention of the fundamental rights. As such, A has the right to consult and be defended by a legal practitioner before the nyaya Panchayat.

  21. Q21. A, an advocate, is found to have committed contempt of the Supreme Court by trying to influence a Judge of the Court. As punishment for contempt, the Supreme Court directs that A's licence to practice as an advocate be cancelled. Can the Supreme Court do this?

    • AYes, the Supreme Court can cancel A's licence to practice as an advocate, since it is a Court of record and has the power to punish for contempt of itself.
    • BYes, the Supreme Court can cancel A's licence to practice as an advocate, since it is the highest Court in the land, and an advocate who is in contempt of the Supreme Court should not have a right to practice.
    • CNo, the Supreme Court cannot cancel A's licence to practice, since an advocate's licence to practice, once granted, is irrevocable on any ground whatsoever;
    • DNo, the Supreme Court cannot do this, since its powers of punishment for contempt may extend to fine or imprisonment, but not to cancelling an advocate's licence to practice.
    • ENo, the Supreme Court cannot do this, since the act that A committed is not contemplated within the boundaries of an advocate's responsibilities, duties and therefore, is entirely unconnected with the licence to practice.

  22. Q22. Which of the following Statements is least accurate in relation to 'negotiable instruments' under the Negotiable Instruments Act, 1881?

    • AA 'negotiable instrument' means a promissory note, bill of exchange, or cheque payable either to order or to bearer.
    • B'Negotiation' of an instrument means the transfer of a promissory note, bill of exchange, or cheque to any person, which makes that person the holder of the instrument.
    • CA person affixing a signature on an instrument for the purposes of negotiation of the instrument is known as an 'indorser'.
    • DA 'negotiable instrument' is only for the payment of money.
    • EA negotiable instrument may not be presumed to be made or drawn for consideration.

  23. Q23. Which of the following Statements best describes the doctrine of privity as it is applicable to contract law?

    • AA contract cannot usually confer rights or impose obligations under it to any person except the parties to such contract.
    • BTerms of a contract cannot be revealed to any third party unless expressly provided for in the contract.
    • CTerms of a contract cannot be revealed to a third party, unless both parties agree to do so.
    • DAs long as there is consideration for a promise, it is immaterial if a third party has provided it.
    • EA third party is entitled to demand performance of the contract, if the contract results in a benefit to such third party.

  24. Q24. Which of the following instances is specific performance of the contractual obligation most likely to be granted?

    • AWhere the contract is to transfer movable property.
    • BWhere the contract is to transfer immovable property.
    • CWhere the trustee enters into the contract in breach of the trustee's powers.
    • DWhere the contract is determinable.
    • EWhere the contract is for the performance of a continuous duty.

  25. Q25. Which of the following Statements is least accurate regarding an 'offer' under contract law in India?

    • AAn offer is not valid unless such offer has been communicated to the other party.
    • BAn offer is complete as against an acceptor when the offeror puts it in a mode of transmission outside the control of the offeror.
    • CAn offer lapses when a counter offer is made.
    • DAn offer lapses by revocation, as long as such offer is revoked prior to acceptance of such offer.
    • EAn offer lapses upon acceptance of the terms of the offer by a third party.

  26. Q26. A offers to buy B's motorcycle for a price of Rs. 35,000/-. B replies that the motorcycle may be bought for Rs. 45,000/-. A immediately lets B know that it is not acceptable. Ten days later, B agrees to sell the motorcycle to A at Rs. 35,000/- and communicates his acceptance to A. Is there a valid contract between A and B?

    • AAs B has accepted the initial offer made by A and communicated his acceptance to A, there is a valid contract between A and B.
    • BB was only negotiating the price and once it was determined that A would only accept Rs. 35,000/-, B communicated his acceptance to A and this resulted in a valid contract between A and B.
    • CB made a counter offer that A rejected, and since the counter offer caused A's initial offer to lapse, there is no valid contract between A and B.
    • DA failed to expressly revoke his initial offer, and hence B accepted A's initial offer resulting in a valid contract between A and B.
    • EA's rejection of B's offer is a counter offer, and B's acceptance of A's counter offer resulted in a valid contract between A and B.

  27. Q27. A hands over a permit to a courier company, who agree to deliver it without delay to A's paper factory. A informs the courier company that his factory cannot restart production till the permit is delivered to them. The courier company unreasonably delays the delivery of the permit. As a result, A loses an unusually lucrative contract with a Japanese company. What is the compensation that A is entitled to receive from the courier company?

    • AA is entitled to receive as compensation the average amount of profit that he would have made from the working of his factory during the period of delay, but not the loss sustained through the loss of the contract with the Japanese company.
    • BA is entitled to receive as compensation an amount equal to overhead costs of his factory that were incurred during the period of delay.
    • CA is not entitled to any compensation.
    • DA is entitled to receive as compensation the profits that he would have made from the unusually lucrative contract with a Japanese company.
    • EA is entitled to receive as compensation the profits that he would have made had he entered into a similarly lucrative contract with an Indian company.

  28. Q28. A, a landlord, agrees to let his flat out to B for payment of a monthly rent of Rs. 10,000/-. C agrees to act as surety for any default by B in payment of the rent. B is facing a sudden financial crisis and, a few days before his rent is due, informs A that he might not be able to pay the rent for January on time. A immediately calls up C and asks him to pay the rent for January as C has guaranteed B's payment of rent. Is C liable to pay the rent for January to A?

    • AC is liable to pay the rent for January because C has guaranteed it and A is not required to seek the rent beforehand from B.
    • BC is liable to pay the rent for January because B has defaulted and A can now proceed against the surety.
    • CC is not liable to pay the rent for January as the surety only guarantees performance and C is not personally liable for B's default.
    • DC is not liable to pay the rent as B is yet to default and C's liability will arise only once B has defaulted.
    • EC is liable to pay the rent for January as B is in financial trouble and unable to pay the rent, and C has agreed to be the surety for B's performance.

  29. Q29. In which of the following circumstances is culpable homicide also murder under the Indian Penal Code, 1860?

    Withdrawn by the Bar Council: not scored.

    • AWhere the offender intended to cause death.
    • BWhere the offender intended to cause serious injury that caused the death of the victim.
    • CWhere the offender intended to cause bodily injury that is sufficient in the ordinary course of nature to cause death.
    • DWhere the offender intended to cause such injury as the offender knew to be likely to cause the death of the victim.
    • EWhere the offender intended to commit an act that was so imminently dangerous that it would, in all probability, cause death.

  30. Q30. Which of the following is not an essential element to be proved in cases of hurt or grievous hurt?

    • AThat the offender intended to hurt the victim.
    • BThat hurt was caused.
    • CThat the hurt was caused voluntarily.
    • DThat the victim did not consent.
    • EThat the offender intended to cause hurt.

  31. Q31. In which of the following instances is an accused most likely to be guilty of an offence under the Indian Penal Code, 1860?

    • AWhere a lawful act resulted in an unforeseen injury due to an accident.
    • BWhere the injury is caused while acting pursuant to an order of the Court.
    • CWhere the injury is caused by a Judge while acting judicially.
    • DWhere the injury caused is very slight or trifling, according to the accused.
    • EWhere the injury is caused by the accused when he is of unsound mind.

  32. Q32. Which of the following is not a form of punishment under the Indian Penal Code, 1860?

    • AForfeiture of property.
    • BImprisonment for life.
    • CSimple imprisonment.
    • DFine.
    • ECommunity service.

  33. Q33. Four men agree to rob a bank. Two of them are carrying large knives and one has a shotgun. The last one is carrying a bag for the money. They agree that they will try not to hurt anyone. They enter the bank wearing masks, threaten the staff, and demand cash. One of the bank employees tries to grab the shotgun, and the man holding it discharges the shotgun, causing the death of the employee. The men get the cash and leave the bank. Can any or all of the robbers be charged in relation to the death of the bank employee?

    • AYes, all of the robbers can be charged because the act of one man in discharging the gun was in pursuit of the common intention to hurt anyone if necessary while robbing the bank.
    • BNo, the robbers were of the common intention that they would try not to hurt anyone, and this was obviously an accident.
    • CYes, but only the three robbers carrying weapons may be charged as they clearly had the common intention to use the weapons, if necessary.
    • DYes, all of the robbers can be charged because the act of one man in discharging the gun, was in pursuit of the common intention of all of them to rob the bank.
    • EYes, but only the man who discharged the shotgun can be charged, as it is his fault alone, and the others were of the common intention that they would try not to hurt anyone.

  34. Q34. A gives B Rs. 25,000/- to buy a television from a store. B runs away with the money. Which of the following Statements is the most accurate application of the principle below?

    • AB has committed the offence of theft and criminal breach of trust.
    • BB has committed the offence of theft only and not criminal breach of trust.
    • CB has committed the offence of criminal breach of trust only and not theft.
    • DB has committed no offence.
    • EB has committed the offence of theft, but will also be guilty of criminal breach of trust if he converts the money to his use.

  35. Q35. A threatens to publish a defamatory article about B unless B gives him money. B gives him the money to protect his reputation. Which of the following Statements is most accurate about A's liability?

    • AA is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money.
    • BA is not guilty of extortion as money is not a property or valuable security.
    • CA is not guilty of extortion as A only threatened to publish an article, which would not have caused any physical injury to B.
    • DA is guilty of extortion as A has put B in fear of physical harm and induced B to give the money.
    • EA is not guilty of extortion as A did not actually publish the article to get the money from B.

  36. Q36. Which of the following Statements concerning confessions in criminal matters is most accurate?

    • ADue to the privilege against self- incrimination, neither confessions given to a police officer or a Magistrate are admissible at trial.
    • BConfessions to police officers are only admissible at trial, if the accused have been advised beforehand that they are not obligated to make any Statement.
    • CConfessions are admissible provided the accused's rights have been protected, most importantly those including the right to legal advice and the right to not be tortured.
    • DConfessions are admissible provided the accused has given it voluntarily and police officer recording it has followed all procedures outlined in the Code of Criminal Procedure, 1973.
    • EConfessions are admissible provided the accused has given it voluntarily and the Magistrate recording it has followed all procedures outlined in the Criminal Procedure Code, 1973.

  37. Q37. Which of the following is not one of the basic rights of an arrested person under the Criminal Procedure Code, 1973?

    • AThe right not to be subjected to unnecessary restraint.
    • BThe right to have a lawyer present at all times, including in the interrogation room.
    • CThe right not to be tortured or be subject to custodial violence, and for the interrogation to remain humane.
    • DThe right to be produced before a Magistrate within twenty-four hours of arrest.
    • EThe right to be informed of the grounds of arrest.

  38. Q38. Which of the following is least likely to be a consideration that the Court will normally weigh when considering an application for bail?

    • AThe character of the evidence presented.
    • BWhat the police officers handling the case want.
    • CWhether the accused will appear in Court, or leave the jurisdiction.
    • DThe nature and seriousness of the offence.
    • EApprehension of the accused tampering with witnesses.

  39. Q39. Which of the following Statements about the Criminal Procedure Code, 1973 is least accurate?

    • ASince it is a central legislation, only the Parliament can amend it and not State legislatures.
    • BIt provides the rules and procedure for investigation into offences.
    • CIt provides the rules and procedure for trial of offences.
    • DIt provides the procedural law to implement the substantive criminal law.
    • EIt balances the rights of the accused and the need for society to protect itself from crime.

  40. Q40. A is taken to a Police Station for questioning. The police officer was informed that A was one of the witnesses to an incident the previous day where one man assaulted another. What the police officer does not know is that A was also involved in the assault on the man, but had stopped before any other witnesses arrived on the scene. Is A obliged to answer the police officer's questions?

    • ANo, A does not have to answer any questions as he may incriminate himself in the assault.
    • BYes, he has to answer all the officer's questions because neither is he a suspect nor has he been charged; so he cannot avail the protection of the principle above.
    • CNo, he does not have to answer any questions if he does not want to, as anyone involved in criminal matters has the right against self- incrimination.
    • DYes, he has to answer all the questions; but since he will become a suspect, he is entitled to have a lawyer present.
    • EYes, he has to answer questions up to the point where he may incriminate himself in the assault.

  41. Q41. A police officer attends A's house and tells him that he is under arrest, and that he should accompany the officer to the Police Station. A refuses to go with the officer. The officer leaves, saying that he will return the next day with more police officers. A says he will go with the police officers the next day. Is A under arrest at this stage, and why?

    • AYes, because the police officer has clearly told A that he is under arrest and A has been notified that A will be taken to the police station the following day.
    • BYes, the police officer has clearly told A that A is under arrest, and A has consented to go with the officers the following day, so that constitutes submission.
    • CNo, but A is not allowed to leave the jurisdiction because he has agreed to be arrested the following day.
    • DNo, because when A refused to go with the police officer, the police officer did not touch or otherwise attempt to confine A, so A is not yet under arrest.
    • ENo, but A is on tentative arrest, as A is under notice that the police will collect A on the following day.

  42. Q42. A is charged with murder. At his trial, the Judge considers that there is not sufficient evidence against A, including a lack of evidence that A was even at the scene, and delivers a verdict of acquittal. The police are frustrated by this and conduct further searches and testing at the scene. They are able to recover some finger prints, which they say match those of A. Can A be tried again for murder?

    • AYes, A can be tried again, because of the discovery of new evidence:
    • BNo, A cannot be tried again, because that would amount, to trying A again for the same offence:
    • CNo, A cannot be tried again, but A can be tried for culpable homicide because of the new evidence.
    • DYes, A can be tried again, but only if the police or prosecution first have the initial acquittal quashed.
    • ENo, A cannot be tried again, but once the acquittal is quashed, A can be tried for culpable homicide.

  43. Q43. Which of the following Statements regarding the examination of title to immovable property is the least accurate?

    • AExamination of title to immovable property covers information available in public records but not in private records.
    • BExamination of title to immovable property usually begins with the preparation of an abstract of title.
    • CExamination of title to immovable property involves reviewing past deeds, trusts, and other encumbrances on the property.
    • DExamination of title to immovable property seeks to reveal any defect in the title.
    • EExamination of title to immovable property aims to ascertain whether the title has passed correctly to each new owner.

  44. Q44. Which of the following Statements regarding the parties to a deed arising out of the transfer of property is the most accurate?

    • ABoth parties to such a deed need to be competent to contract.
    • BA minor cannot be a party to such a deed.
    • CUnlike a deed arising out of contract, a deed arising out of the transfer of property does not require two parties.
    • DThe person on whom any obligation is imposed under such a deed has to be competent to contract.
    • EA person under a disability cannot be a party to such a deed.

  45. Q45. Which of the following Statements does not describe a fundamental rule regarding pleadings?

    • APleadings must State all material facts.
    • BPleadings need not follow, word-for- word in all cases, the forms set out in Appendix A to the Code of Civil Procedure, 1908.
    • CPleadings must list all principles of law applicable to the facts.
    • DPleadings need not State the facts by means of which the material facts are to be proved.
    • EPleadings need to include material facts that the law presumes in the party's favour only if the same has been specifically denied.

  46. Q46. Which of the following Statements regarding written Statements is the most accurate?

    • AThe rules applicable to plaints are, generally, not applicable to written Statements.
    • BThe defendant is allowed a maximum of ninety days from the commission of the offence to file a written Statement with the Court.
    • CA Statement questioning the maintainability of the suit would be sufficient in a written Statement, as it is not always necessary to specifically State why the suit is not maintainable.
    • DThe defendant may choose to admit or deny the allegations in the plaint but must not allege any new facts in the written Statement.
    • EThe defendant can add to the written Statement the defence of set-off or counter-claim even at a later stage in the proceedings, with the permission of the Court, if there is due cause for doing so.

  47. Q47. A, aged thirty-two years, executes a gift deed to transfer a plot of land to his daughter B, who is nine years old at that time. After ten years, B transfers the plot of land to her cousin C, aged seventeen years, for a discounted price of Rupees Twenty thousand only. Does C have valid title to the property?

    • AC has valid title to the property because both the first and second transfers were valid transfers, as the transferor in both cases was competent to contract.
    • BC has valid title to the property because in deeds relating to transfer of property, the transferee can be a minor.
    • CC does not have valid title to the property because B was not competent to contract in the second transaction.
    • DWhether C has valid title is to be ascertained by the Court on the basis of whether the discounted price is considered to be adequate consideration.
    • EC does not have valid title to the property because a minor can be a transferee only when there is no obligation on the minor to pay consideration for the transfer.

  48. Q48. A was working on the first floor balcony with some heavy tools. While working, a tool slipped out of A's hands and fell down on B who was walking on the street below. The weight and sharp parts of the tool caused injuries on B's shoulder, back, and legs. B files a suit against A to recover damages for the loss suffered. With regard to the pleadings to be filed by both parties, which of the following Statements is the least accurate?

    • AThe plaint must include a description of the loss suffered by B and the amount of damages being claimed.
    • BThe plaint must include a description of the weight and sharpness of the tool and the manner in which B's injuries were caused.
    • CThe plaint must include the fact that the tool slipped out of A's hands and fell on B who was walking on the street below.
    • DThe plaint need not include a doctor's report on how each part of the tool led to each of the injuries suffered by B.
    • EThe plaint need not include a description of B's reason for walking on that street.

  49. Q49. A and B are involved in a trademark infringement dispute. The dispute is referred to a sole arbitrator who passes an award declaring A to be the owner of the trademark. Subsequently, A assigns this trademark to C without any consideration. Which of the following Statements is most accurate about whether such an assignment agreement is compulsorily registrable under the Registration Act, 1908 and why?

    • ANo, it is not compulsorily registrable because only orders of a Court that declare rights are compulsorily registrable.
    • BYes, all non-testamentary instruments assigning an award that declares a right need to be registered.
    • CNo, it is not compulsorily registrable because it assigned intellectual property, which is not immovable property.
    • DNo, it is not compulsorily registrable because a settlement agreement is a testamentary instrument.
    • EYes, it is compulsorily registrable since immovable property also includes intellectual property.

  50. Q50. Which of the following is least likely to be admitted as evidence in a Court of law in India?

    • AExpert evidence.
    • BThird party evidence.
    • CDocumentary evidence.
    • DSecondary evidence.
    • EOral evidence.

Halfway. How many of these 50 would you get right? The pass marks the whole paper for you and shows the official answer to every question, with your rank against other candidates.

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  1. Q51. Which of the following Statements is most accurate about extra-judicial confessions in India?

    • AExtra-judicial confessions are illegal.
    • BExtra-judicial confessions are inadmissible.
    • CExtra-judicial confessions are admissible only with the accused's permission.
    • DExtra-judicial confessions are admissible but a weak form of evidence.
    • EExtra-judicial confessions would not ordinarily require any corroboration.

  2. Q52. Which of the following Statements is most accurate about 'leading questions'?

    • AA leading question is any question suggesting the answer that the Court expects to receive.
    • BLeading questions are permitted during examination in chief.
    • CLeading questions are permitted during re- examination:
    • DLeading questions are permitted during re-cross- examination.
    • EThe permission of the Court is necessary to ask leading questions during examination-in-chief, re-examination, or cross-examination.

  3. Q53. Which of the following Statements is most accurate about illegally obtained evidence?

    • AIllegally obtained evidence cannot be relied on to convict an accused but can be relied only on to support contentions in civil matters.
    • BIllegally obtained evidence cannot be relied on by any Court.
    • CIllegally obtained evidence can be used against a party charged with an offence.
    • DIllegally obtained evidence can be relied on, only if corroborated by other evidence.
    • EIllegally obtained evidence can be used to establish the mens rea of an accused but not the actus reus.

  4. Q54. A is being tried for the murder of her husband. In her trial, she claims that she committed the murder under grave and sudden provocation. Which of the following Statements is the most accurate application of the principle below?

    • AA is guilty of murder as this amounts to an admissible confession.
    • BThe onus of proving the grave and sudden provocation is on A.
    • CThe onus of disproving the grave and sudden provocation is now, on the prosecution.
    • DThe onus of proving the grave and sudden provocation is on the prosecution.
    • EThe Court will presume that A's Statement is the truth in the absence of conflicting circumstances.

  5. Q55. A is charged with committing forgery. C, a witness, states in Court that A had committed forgery. C had earlier stated in Court that A had not committed forgery. Which of the following statements is the most accurate application of the principle below?

    • AThe evidence of C will be admissible.
    • BThe evidence of C will be inadmissible and neither party will be able to rely on C's Statements.
    • CThe evidence of C will be inadmissible, as it does not support the prosecution's case.
    • DThe evidence of C will be admissible, but only after C has been tried for perjury for lying in Court earlier.
    • EThe evidence of C will be inadmissible because C has completely contradicted her Statement.

  6. Q56. A is accused of forging currency notes, and is convicted by a Court of competent jurisdiction in State B of India and sentenced to the minimum prescribed punishment. Since part of the cause of action also arose in State C of India, a Court of competent jurisdiction in State C seeks to try A on the same facts. Which of the following Statements is the most accurate application of the principle below?

    • AA can produce the judgment of his previous conviction and sentence handed down by the Court in State B, which would be a relevant fact, and would prevent the Court in State C from conducting a second trial on the same facts.
    • BA cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B, as it is not relevant and would not prevent the Court in State C from conducting a trial.
    • CA cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B because the previous sentence was handed down by Court in State B and was not in force in State C.
    • DA can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the High Court of State C permits it.
    • EA can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the Supreme Court of India permits it because the cause of action arose in different States.

  7. Q57. Which of the following is not an external aid that may be used to assist in constructing the meaning of a piece of legislation?

    • AParliamentary debates.
    • BLaw Commission reports.
    • COther statutes.
    • DDecisions of Courts in other jurisdictions.
    • EProviso to a provision in the statute.

  8. Q58. Which of the following schools of jurisprudence believes that there is no necessary connection between law and morality but there may be instances where moral considerations may play a role in legal validity?

    • ANatural law.
    • BInclusive legal positivism.
    • CExclusive legal positivism.
    • DInner morality of law.
    • ESociological school of law.

  9. Q59. Which of the following philosophers suggested that society ought to concentrate on reducing all forms of injustice rather than focusing on what 'justice' is?

    • ARoscoe Pound.
    • BAmartya Sen.
    • CRonald Dworkin.
    • DJohn Rawls.
    • EH.LA. Hart.

  10. Q60. Which of the following is not a rule of statutory interpretation?

    • AThe literal rule
    • BThe context rule
    • CThe golden rule
    • DThe genuine rule
    • EThe mischief rule

  11. Q61. Charges of corruption are brought against A, the President of India. The President is found to enjoy immunity against those charges. Which of the following Statements is the most accurate application of the principle below?

    • AThere is a presence of 'disability' in the office of the President, and hence, A cannot function as President so long as A is relying on 'immunity'.
    • BThere is an absence of 'disability' in the office of the President as there is. a presence of 'immunity' in the office of the President.
    • CThere is an absence of 'disability' in the Court of law to try the President of India for an offence of corruption.
    • DThere is a presence of 'disability' from prosecution in the office of the President of India, and this results in an 'immunity' from prosecution for an offence of corruption.
    • EThere is a presence of 'disability' in the Court of law to try the President of India for an offence of corruption.

  12. Q62. The rule of School A is that students' pet dogs are not permitted to enter the school's premises. Student B, who is blind, brings his guide dog C into School A. Which of the following Statements is the most accurate application of the principle below?

    • ASince Student B is blind, he would not be able to come to school if he cannot bring his guide dog C into School A; since this rule does not intend to bar blind students from attending school, Student B may bring guide dog C into school.
    • BSince the guide dog C is a pet dog in this context, Student B cannot bring guide dog C into School A.
    • CSince this rule does not make any sense in this context, it is invalid, and Student B can bring guide dog C into School A.
    • DSince Student B is blind, he would not be able to come to school if he cannot bring his guide dog C into School A. However, according to the context rule, Student B must look at the context of the rule and avoid bringing the guide dog C to school as it could hurt other students.
    • EThe school is required to apply the context rule while deciding each individual case of violation and it will be up to the discretion of the school whether to punish guide dog C for violating the rules of the school.

  13. Q63. A signed a lease agreement with B. The lease document States that A would lease his 'food- supermarket' to B. Which of the following Statements is the most accurate application of the principle regarding the meaning of 'supermarket' here?

    • AThe meaning of 'supermarket' is limited by the preceding word to mean a shop that sells food and other fast-moving consumer goods,
    • BThe meaning of 'supermarket' is enhanced by the preceding word to mean a shop where food is also sold.
    • CThe meaning of 'supermarket' is limited by the preceding word to mean a shop selling items of food.
    • DThe meaning of 'supermarket' automatically includes the selling of items of food as well as various other consumer goods.
    • EThe meaning of 'supermarket' is supported by the preceding word to mean a shop selling highly nutritious items of food.

  14. Q64. According to the Advocates Act, 1961, who among the following are least likely to be admitted as advocates?

    • APersons who have been guilty of a traffic offence.
    • BPersons who have been guilty of civil contempt of Court.
    • CPersons who are convicted of an offence under the Untouchability (Offences) Act, 1955.
    • DPersons who have been accused of an attempt to commit suicide.
    • EPersons who have been interrogated by the police in the past.

  15. Q65. Which of the following Statements is least accurate about the restrictions on employment of advocates?

    • AA practising advocate cannot personally engage in any business.
    • BA practising advocate cannot be the Chairman of a Board of Directors of a company.
    • CA practising advocate can be the director of a company.
    • DA practising advocate cannot be a full- time salaried employee of any person.
    • EA practising advocate may be a sleeping partner in a firm.

  16. Q66. Which of the following Statements does not describe a duty of an advocate?

    • AAn advocate should not appear in a case in which the advocate believes that she will be a witness.
    • BAn advocate shall defend a person accused of a crime, regardless of the advocate's personal opinion as to the guilt of the accused.
    • CAn advocate has a duty to protect any information that the client communicates, even if it is in furtherance of an illegal purpose.
    • DAn advocate must not, at any time, foment litigation.
    • EAn advocate must act only on the instruction of the client, and no one else.

  17. Q67. Which of the following Statements is least accurate about the specifications regarding an advocate's sign- board?

    • AIt should be of reasonable size.
    • BIt may State the advocate's area of expertise or practice.
    • CIt should not State that the advocate has been a judge.
    • DIt should not State that the advocate is a member of a bar council.
    • EIt should not State that the advocate is associated with any particular organisation.

  18. Q68. A, an advocate, received money on behalf of a client, C. A did not intimate C of the receipt of money, but noted in his accounts that he had received money on behalf of C and set aside the amount as his fees in full. On discovering that A had received the money, C demanded the money. A assures C that once the proceeding is over, C would have had to pay A fees anyway, and that he has already recorded in his accounts that his fees have been paid in full. In light of these facts, which of the following Statements is the most accurate application of the principle below?

    • AA has clearly fulfilled his duty by recording in the register that he has received C's money as fees.
    • BA had fulfilled his duty by recording in the register that he has received C's money as fees, but should have handed over the money to C on his demand.
    • CA erred in setting aside C's money for fees without written permission.
    • DA is entitled to his fees, and was within his rights to set aside the money as fees, as he noted in his accounts that his fees had been paid in full.
    • EThe money was received on behalf of C and was not from C, and A was therefore entitled to set the money aside as fees.

  19. Q69. C has engaged an advocate, A. B is C's mother and she asks A to withdraw the suit filed by C as the litigation is causing public embarrassment to the entire family. What should A do?

    • AA should withdraw the suit since the family name is at stake.
    • BB has a fiduciary relationship with C, and A would therefore be obliged to withdraw the suit for the benefit of C's family on B's instructions.
    • CA has a duty to refrain from fomenting litigation, and should therefore withdraw the suit.
    • DA has a professional obligation to act solely on the instructions of the client, C, and should not withdraw the suit on B's instructions.
    • EA should withdraw the suit as B is C's mother, and is therefore A's client as well.

  20. Q70. A is one of five children. A and the other four siblings are all equal heirs to a family property. On account of a quarrel between the siblings, A approaches an advocate, C, who advises them not to approach the Court and to instead settle their dispute amicably. A insists that C take the matter to Court. C is later reprimanded by the Bar Council of the concerned State, for not having insisted on a settlement. Is C at fault?

    • AYes, C is at fault as he effectively pushed A into litigation by not providing proper advice.
    • BNo, C has fulfilled his duty by advising the client to avoid litigation and by encouraging settlement in the given case.
    • CYes, C's duty to refrain from fomenting litigation extends beyond mere advice and he should have avoided litigation at all costs.
    • DYes, C's duty to refrain from fomenting litigation overrules his duty to protect his client.
    • EYes, C is at fault as he did not insist on a settlement and readily agreed to litigation.

  21. Q71. Which of the following Statements most accurately describes the relationship between 'vested interests' and 'contingent interests' with respect to the law governing transfer of property in India?

    • AContingent interest is a subset of vested interest.
    • BVested interest is a subset of contingent interest.
    • CA vested interest becomes a contingent interest upon the occurrence of certain contingent events.
    • DA contingent interest becomes a vested interest upon the occurrence of certain contingent events.
    • EA vested interest is the same as a contingent interest.

  22. Q72. Which one of the following is not a form of mortgage recognized by the laws governing Transfer of Property in India?

    • AEquitable mortgage.
    • BMortgage by conditional sale of goods.
    • CUsufructory mortgage.
    • DEnglish mortgage.
    • EMortgage by way of deposit of title deeds.

  23. Q73. Which one of the following is a permitted transfer of property?

    • ATransfer of the right to civil pension from the Government.
    • BTransfer of easement rights.
    • CTransfer of a right to sue for damages.
    • DTransfer of the right to salary of a public officer.
    • ETransfer of a debt owed to the transferor.

  24. Q74. In which one of the following types of mortgages is 'foreclosure' permissible remedy for non-payment of the mortgage-money within the stipulated time?

    • ASimple mortgage.
    • BEnglish mortgage.
    • CMortgage by way of deposit of title deeds.
    • DUsufructory mortgage.
    • EMortgage by conditional sale.

  25. Q75. A gifts the house owned by her to B, her granddaughter, by providing the registered title deeds to the house to B. Two witnesses attested the registered title deeds. Is the gift valid and why?

    • AThe gift is valid because the principle above does not apply in this case, as A's house is a movable property, and only the land on which the house has been built is immovable.
    • BThe gift is valid because while the house is an immovable property, the gift by way of delivery of title deeds is an exception to the rule.
    • CThe gift is valid because A handed over the immovable property's registered title-deeds, which were attested by two witnesses, as a gift.
    • DThe gift is not valid because the house is an immovable property, and the gift of a house must therefore be registered and attested by witnesses.
    • EThe gift is not valid because despite A handing over the registered title deeds to the house, the gift transaction had no witnesses.

  26. Q76. A, a Hindu, has separated from his father B. A sells to C three fields: D, E, and F. A represents to C that he is authorised to do so. Of these fields, F does not belong to A. F was retained by B during partition of the family property. Subsequently, B dies and A receives the property as B's heir: Which of the following Statements is the most accurate application of the principle set out below?

    • AC, not having rescinded the contract of sale, may require A to deliver F to him.
    • BA can transfer the property to another bona fide transferee without informing C.
    • CThe benefit of Section 43 is not available to C, as he was not misled into believing that A had the power to transfer F.
    • DC is a gratuitous transferee in respect of F, and therefore cannot avail the benefit of Section 43.
    • ESince the contract to sell F was void ab initio and has expired, C cannot exercise the right under Section 43.

  27. Q77. A, a married Hindu lady, transfers some of her immovable property to B to be held in trust for the benefit of her son C, until A's unborn daughter attains majority. However, the trust deed stipulates that if her unborn daughter marries outside the religion, the immovable property is to revert in favour of the trust and be transferred to C. Which of the following Statements is the most accurate application of the principle below regarding the transfer to the unborn daughter?

    • AThe transfer is invalid as A has transferred the immovable property to a trust, and thus there has been no preceding transfer to a living person.
    • BThe transfer is invalid because it is conditional on whether A's unborn daughter marries within the religion, and this is not a transfer of the whole of residual interest in the property.
    • CThe transfer is valid.
    • DThe transfer is invalid because A has transferred the property to C and then her unborn daughter through the same trust deed.
    • EThe transfer is invalid because the transfer to her unborn daughter is conditional upon her attaining majority, and this is not a transfer of the whole of residual interest in the property.

  28. Q78. The police catch B in the act of theft. They detain him under a State legislation that grants them the power of preventive detention to detain people who are a threat to internal security. B challenges the actions of the police in detaining him. Which of the following sentences most accurately applies the principle below?

    • AThis is a colourable exercise of power because the police have already prevented the theft.
    • BThis is a colourable exercise of power because the police are using their power of preventive detention unreasonably to detain B when they ought to prosecute B for theft.
    • CThis is not a colourable exercise of power because the State legislation granted the police the power of preventive detention.
    • DThis is not a colourable exercise of power because the police is preventing B from committing more thefts, which are a threat to internal security.
    • EThis is not a colourable exercise of power because the police are authorised by law to detain people.

  29. Q79. A is a brokerage firm that helps businesses buy and sell real estate. They receive Rs. 25,00,000/- as commissions from their clients. They also receive Rs. 75,00,000/- from sale of their office. Which of the following Statements is the most accurate application of the principle below?

    • AThe monies from the commission are capital receipts and the money from the sale of A's office is a revenue receipt.
    • BThe monies from the commissions are revenue receipts and the money from the sale of A's office is a capital receipt.
    • CThe monies from the commissions as well as the money from the sale of A's office are revenue receipts.
    • DThe monies from the commissions as well as the money from the sale of A's office are capital receipts.
    • EThe monies from the commissions are revenue receipts, but the money from the sale of A's office is neither a capital receipt nor a revenue receipt.

  30. Q80. Countries A and B agree to a practice whereby no craft can enter their harbours at night time without seeking permission twenty-four hours in advance from the harbour master. Ships from all around the world abide by this rule when visiting Countries A and B for a number of years. Although it sends no ships to Countries A or B, newly created country C objects to this practice. Country D also objects, although all ships of Country D have abided by the rule over the years. Which of the following Statements most accurately reflects the likely status of this practice?

    • AIt is an emerging rule of custom for all countries, because ships from all over the world are abiding by the practice.
    • BBoth Country C and Country D are exempt from this rule of custom because of their consistent objection.
    • COnly Country C is exempt from this rule of custom because of its objection.
    • DCountries C and D's objections will prevent the new practice from becoming a rule of custom.
    • ESince this practice is only taking place in the harbours of two countries, it is not an emerging rule of custom.

  31. Q81. X was denied a job in a government department on account of being HIV positive, despite possessing the necessary qualifications for the post. X filed a petition challenging the denial of the job. The petitioner argued that the said denial was arbitrary, unreasonable, and infringes X's right under Articles 14 and 21 of the Constitution of India: In light of these facts, which of the following Statements is the most accurate application of the principle below?

    • AX's petition will fail because X's HIV positive status would be a threat to public health.
    • BX's petition will succeed because X has the necessary qualifications.
    • CX's petition will fail because X's right to livelihood is not an absolute right.
    • DX's petition will succeed because no person can be deprived of the right to livelihood merely on the grounds of being HIV positive.
    • EX's petition will fail because X was denied a job according to procedure established by law, and this is an exception to the right to livelihood.

  32. Q82. A is an executive director and the majority shareholder of XYZ Private Limited. A borrows Rs. 25,00,000/- from BCD Bank and invests such money in additional shares of XYZ Private Limited, increasing A's stake in XYZ Private Limited to approximately seventy-five per cent. As A is unable to repay the debt to BCD Bank, BCD Bank proceeds against the assets of A and XYZ Private Limited for recovery of the monies borrowed by A. Which of the following Statements most accurately applies the principle below?

    • ABCD Bank will be successful in its proceeding against XYZ Private Limited because such money borrowed by A was utilized for the benefit of XYZ Private Limited.
    • BBCD Bank will not be successful in its proceeding against XYZ Private Limited as XYZ Private Limited has not directly borrowed any money from BCD Bank.
    • CBCD Bank will be successful in its proceeding against XYZ Private Limited because the corporate veil will be lifted by the judiciary, as A is an executive director on the board of XYZ Private Limited.
    • DBCD Bank will be successful in its proceeding against XYZ Private Limited because the corporate veil will be lifted by the judiciary, but it can only recover monies equivalent to A's seventy-five per cent shareholding.
    • EBCD Bank will not be successful in its proceeding against XYZ Private Limited as A does not hold a hundred per cent stake in XYZ Private Limited.

  33. Q83. A citizen of Country A is accused of killing a citizen of Country B on a ship that is registered in Country A and flying the flag of Country A while it is in international waters. Which of the following statements most accurately applies the principle below?

    • AEither Country A or Country B could prosecute the man.
    • BLaws of Country A apply to the accused.
    • CAny country can prosecute the accused because the ship was in international waters.
    • DCountry B should prosecute the accused because a citizen of Country B was killed in international waters.
    • ENo national laws apply to the situation because the ship was in international waters.

  34. Q84. In a challenge to adjudication of disqualification of a member of a legislature, bias was alleged against the Chief Election Commissioner on the ground that the complainant was a friend of the Chief Election Commissioner. The Supreme Court held that as there was a suspicion of bias, the Chief Election Commissioner should excuse himself from participating in the decision and let the other two Election Commissioners decide the point. However, there is a difference of opinion between the two Election Commissioners and they are unable to decide the matter. Can the Chief Election Commissioner participate in the adjudication to resolve the deadlock?

    • AThe Chief Election Commissioner cannot participate in the adjudication, as the Supreme Court has already ordered that the Chief Election Commissioner step aside from the adjudication.
    • BThe Chief Election Commissioner cannot participate in the adjudication, as personal bias has already disqualified the Chief Election Commissioner.
    • CThe Chief Election Commissioner cannot participate in the adjudication, as the Chief Election Commissioner will now be even more biased towards the complainant.
    • DThe Chief Election Commissioner can participate in the adjudication as no other person competent to adjudicate and resolve the deadlock is available.
    • EThe Chief Election Commissioner can participate in the adjudication as the required quorum cannot be formed in this instance.

  35. Q85. C, who is suspected of committing genocide in the war in Country A in 1993 is found to be living in Country B in 2007. The international community is almost wholly of the opinion that C should be tried in relation to the allegations. Which of the following Statements least accurately applies the principle below?

    • AC may be extradited to Country A to face trial.
    • BC may only be tried in the International Criminal Court.
    • CC may be tried in Australia.
    • DC may be tried in any country in the world.
    • EC may be tried in Country A or Country B.

  36. Q86. A was arrested and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order prevented A from meeting A's lawyer more than once a month. A filed a petition challenging the constitutional validity of the detention order, which restricted A from meeting A's lawyer. In light of these facts, which of the following Statements is the most accurate application of the principle below?

    • AA will succeed because the detention order violates Article 22 of the Constitution of India, as it restricts the right of the accused to consult a lawyer of choice.
    • BA will not succeed because the restriction stipulating that A can meet a lawyer once a month is a reasonable restriction.
    • CA will succeed because A has the right to meet anyone A wants to.
    • DA will not succeed because A is a detainee and has no fundamental rights.
    • EA will not succeed because the order of detention is a valid exercise of authority.

  37. Q87. Country A signs an international treaty, whose primary objective is to ensure that its member- countries do not conduct any nuclear tests. Country A does provide a reservation that it be allowed to conduct nuclear tests in its own territory, even though its current policy is to not conduct any nuclear tests. Which of the following Statements most accurately applies the principle below?

    • ACountry A won't be regarded as a party to the treaty because the reservation is not compatible with the object of the treaty.
    • BCountry A will be regarded as a party to the treaty because the treaty's objective is at least partly fulfilled.
    • CCountry A will be regarded as a party to the treaty, provided it doesn't actually conduct any tests.
    • DCountry A will be regarded as a party to the treaty when it passes a domestic law in line with its policy that it conduct no tests.
    • ECountry A won't be regarded as a party if it conducts any nuclear tests.

  38. Q88. The articles of association of ABC Private Limited provide that its members shall transfer shares to a third party only after first having offered such shares to the other existing members, on a pro rata basis, at the existing market value of such shares. D, a member of ABC Private Limited, gets an offer from E, who is not an existing member of ABC Private Limited, to purchase all the shares held by D in ABC Private Limited for two times the market value of the shares. D transfers the shares to E on the terms offered by E. The board of directors of ABC Private Limited refuses to record the transfer of shares on the grounds that the transfer is ultra vires the articles of association of ABC Private Limited. E goes to Court against ABC Private Limited to enforce and record the transfer of the shares. Which of the following Statements most accurately applies the principle below?

    • AThe transfer of shares shall be upheld because E paid more than the fair market value of the shares, and is therefore exempt from the requirement of the articles of association.
    • BThe transfer of shares shall be upheld because D should have secured the approval of the board of directors of ABC Private Limited prior to transferring the shares to E, and therefore E is not at fault.
    • CThe transfer of shares shall not be validated as the principle of 'caveat venditor' (seller beware) is applicable in all contracts of purchase in India
    • DThe transfer of shares shall be upheld because ABC Private Limited will be deemed to have had constructive notice of the sale of shares.
    • EThe transfer of shares shall not be validated, as E had constructive notice that D needed to offer the shares to the existing members of ABC Private Limited prior to transferring the shares to E.

  39. Q89. A, a Muslim man, and B, a Muslim woman, are in a relationship; A and B have a child, C, out of wedlock. Later, A dies intestate. Which of the following options is the most accurate application of the principle set out below?

    • AC can inherit from both A and B, as C was born out of wedlock.
    • BC can inherit from neither A nor B, as C was born out of wedlock.
    • CC can inherit from B through A.
    • DC can inherit from A through B.
    • EC cannot inherit from A.

  40. Q90. Company A is expanding its business and leases a piece of land for three years, and agrees to return the land without any modifications to the lessor. Since the land is ideal for agriculture, it constructs a large storage shed on the land. Which of the following Statements most accurately applies the principle below?

    • AThe expenditure on building the storage shed is a capital expenditure, since the storage shed provides Company A with an enduring benefit.
    • BThe expenditure on leasing the land is a capital expenditure, since the land provides Company A with an enduring benefit.
    • CThe expenditure on leasing the land as well as building the storage shed is a capital expenditure, as it provides Company A with an enduring benefit.
    • DThe expenditure on building the storage shed is not a capital expenditure, as it only provides a business advantage and not an enduring benefit.
    • EThe expenditure on building the storage shed is a capital expenditure, since it provides Company A with an enduring benefit, but the expenditure on leasing the land is not a capital expenditure, as it only provides a business advantage.

  41. Q91. A, a non-resident Indian, buys land in Chennai for Rupees Ten lakhs. After two months, A sells it for Rupees Fifteen lakhs. However, A gets only Rupees Twelve lakhs from the buyer of the land. Which of the following Statements most accurately applies the principle below?

    • AA's income from the sale of the land is not taxable, as A is not resident in India.
    • BA's total income from the sale of the land is taxable, as Rupees Fifteen lakhs has accrued to A at the time of the sale.
    • CA can be taxed on Rupees Twelve lakhs received from sale of the land as it was received in India, but not on the Rupees Three lakhs as A is yet to receive that amount.
    • DA can be taxed on Rupees Twelve lakhs received from the sale of the land, as A has purchased land and is now a resident of India, but not on the Rupees Three lakhs as A is yet to receive that amount.
    • EA's income from the sale of the land is not taxable, as no debt has been created in A's favour, and hence, no income has accrued to A.

  42. Q92. In a meeting of the board of directors of ABC Private Limited, it was proposed that DEF Art Supplies Private Limited shall be its sole supplier of all art material. This resolution was passed by all directors unanimously. It was later revealed that G, a director of ABC Private Limited, had not revealed that G is also the majority shareholder and chief executive officer of DEF Art Supplies Private Limited. The resolution was sought to be set aside. Which of the following Statements most accurately applies the principle below?

    • AThe resolution shall not be set aside as DEF Art Supplies is a separate legal entity from its shareholders and directors, and therefore it cannot be penalized for an act done by G.
    • BThe resolution shall not be set aside, as G's failure to declare an interest in DEF Art Supplies Private Limited is not culpable.
    • CThe resolution shall be set aside as G did not exhibit the duty of care and diligence as required by a director of the company.
    • DThe resolution shall be set aside as G is the majority shareholder and chief executive officer of DEF Art Supplies Private Limited, and was required to declare the same to the board of ABC Private Limited prior to the resolution being put to vote, and refrain from voting on that particular resolution.
    • EThe resolution shall not be set aside, as the resolution was passed unanimously and would have been passed so even if G had informed the board of G's interest in DEF Art Supplies Private Limited.

  43. Q93. A is an accountant at a law college and draws a salary. A is also on the board of governors of the college as a representative of nonteaching staff, and votes on any administrative decisions that come up before the board of governors. Which of the following Statements most accurately applies the principle below?

    • AA is a workman as he clearly does work of a supervisory nature as a member of the board of governors.
    • BA is a workman as his primary duties as an accountant are clerical in nature and he works for hire.
    • CA is not a workman as he is a salaried employee and does not work for hire or reward.
    • DA is not a workman as he is a member of the board of governors and the nature of his work is managerial.
    • EA is a workman as his work as an accountant is clerical and his work as a member of the board of governors is supervisory.

  44. Q94. A is a workman who works at a welding workshop in a factory. A has a history of previous eye disorders. Despite being aware of the same, A continues to work at the welding workshop. The very nature of work caused further strain on A's eyes and resulted in a permanent injury to A's eyes one day. Is A entitled to compensation and why?

    • AA is entitled to compensation from A's employer because A suffered an injury in the course of employment and the question of A's negligence is not relevant.
    • BA is entitled to compensation from A's employer but the quantum of compensation will be nominal due to A's contributory negligence.
    • CA is not entitled to compensation from A's employer because A suffering an injury to the eyes was perfectly expected due to A's previous eye disorders.
    • DA is not entitled to compensation from A's employer because A suffered the injury to the eyes due to previous eye disorders and not because of A's employment.
    • EA is not entitled to compensation from A's employer because A did not bring the previous eye disorders to the employer's notice, who could have then given him non-hazardous work.

  45. Q95. B employs A to be the conductor of a bus owned by B. One day, A drives the bus negligently and injures several people on the road. Which of the following Statements most accurately applies the principle below?

    • AB is liable for A's negligence, and is liable to pay compensation to the victims.
    • BA and B are both liable for A's negligence.
    • COnly A is liable for A's negligence, as B did not dictate how A's work was to be done.
    • DB is not liable for A's negligence, as A was not in the course of employment when he was driving the bus.
    • EA is liable for A's negligence, but B is liable for negligence in hiring A.

  46. Q96. A incites B to falsely imprison C. The Court holds that A and B are jointly liable for the tort and awards C a compensation of Rs. 50,000/-. The Court rules further that A is liable for forty per cent of the compensation amount, and B is liable for sixty per cent of the compensation amount. A refuses to pay the compensation, while B pays C Rs. 20,000/-. Which of the following statements least accurately applies the principle below?

    • AC can claim Rs. 30,000/- from A.
    • BC can claim Rs. 20,000/- from A and Rs.10,000/- more from B.
    • CC can claim Rs.30,000/- more from B.
    • DC can claim Rs.50,000/- from A.
    • EC can claim Rs. 30,000/- more from A or B.

  47. Q97. In the course of its regular operation, Company A was releasing untreated effluents into a nearby river, thereby harming the wildlife in and around the river. A concerned citizen informed the relevant State Board of this polluting activity. The State Board immediately issued directions to discontinue the supply of electricity to Company A. In light of these facts, which of the following options is the most accurate?

    • AThe State Board was acting within its powers to issue directions under Section 32 since there was harm being caused to the wildlife.
    • BThe State Board was acting within its powers to issue directions under Section 33A, as disconnection of electricity is specifically provided under that provision
    • CThe State Board was not acting within its powers either under Section 32 or Section 33 A, as neither was there any unforeseen event or accident nor was there a persistent defiance by Company A.
    • DThe State Board has not adequately utilised its powers under Section 33A, since it could have issued orders for the closure of Company A, which would have been much more effective in stopping the pollution.
    • EThe State Board did not have the power to issue orders either under Section 32 or Section 33A, since the information about Company A was provided to them by a concerned citizen who was not directly aggrieved by the pollution in question.

  48. Q98. A statute empowers a subordinate authority to regulate the activities of tobacco industries and levy taxes on them. The statute permits the authority to give retrospective effect to its regulatory notifications under the statute. The authority issues a regulatory notification levying a developmental tax on leather industries retrospectively. Which of the following Statements most accurately applies the principle below?

    • AThe notification is valid, as the power to levy taxes is sourced directly from a statute.
    • BThe notification is valid, as the enactment clearly and specifically provides for retrospective application of all notifications under the enactment.
    • CThe notification is ultra vires, as the statute did not clearly and specifically provide that the authority may impose a developmental tax.
    • DThe notification is ultra vires, as the enactment does not clearly and specifically provide for retrospective levy of taxes.
    • EThe notification is ultra vires as the authority did not adhere to principles of natural justice, namely the right of hearing, before deciding to impose a tax.

  49. Q99. A owns a house in City B. The house used to fetch a rent of Rs. 15,000/- every month but it has been vacant for over two years. A is now unemployed and stays with family in City C and has been residing there for the past three years. Which of the following Statements most accurately applies the principle stated below?

    • ASince A's house in City B is vacant, the annual value of it is zero.
    • BSince A's house in City B used to be let out for Rs. 15,000/-, the annual value of it may reasonably be expected to be around Rs. 15,000/-.
    • CSince A is residing in City C for over three years, the annual value of the house may be considered to be zero.
    • DSince A is purposefully letting the house in City B be vacant, the annual value of the house must be considered to be zero.
    • ESince A is unemployed and residing in another city, the annual value of the house must be considered to be zero.

  50. Q100. A tribal hunter, A, enters into a national park and uses a bow and arrow to shoot and kill a leopard. A then skins the leopard and sells the skin to B, another tribal hunter. B goes to the city and sells the skin to C, who is an avid collector of rare animal skins. In light of these facts, which of the following Statements most accurately applies the principle below?

    • AA, B, and C are all likely to have violated the law for the hunting of a scheduled species, for trade in derivatives of a scheduled species, and for possession of derivatives of a scheduled species, respectively.
    • BC is likely to have violated the law for possession of wildlife derivatives. However, both A and B are likely to be exempt from the law since they are members of a tribe that depends on the forest for their livelihood.
    • CA is likely to have violated the law since hunting of scheduled species is prohibited. However, both B and C are likely to be exempt from the law since they were only dealing with the skin, and were not directly or indirectly involved with the killing of the leopard.
    • DBoth A and B are likely to have violated the law for having hunted a scheduled species, and for trading a derivative of a scheduled species, respectively. However, C is likely to be exempt from the law since C is only involved with collection of rare skins.
    • EBoth A and C are likely to have violated the law for having hunted a scheduled species and for being in possession of a derivative of a scheduled species. However, B is likely to be exempt from the law since B was neither involved with hunting the species nor was he found in possession of the derivative, and was merely acting within the scope of his fundamental right to carry out any trade.

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