AIBE 4 (IV) 2012 Set D 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 Of its 100 questions, 3 were withdrawn by the Bar Council, so 97 are scored.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.
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Q1. Who categorized the subject of jurisprudence as 'Expositorial Jurisprudence' and censorial Jurisprudence?
- AHolland
- BBentham
- CKelsen
- DPaton
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Q2. Who described Jurisprudence as Lawyer's Extra version?
- ASavigny
- BSalmond
- CJulius Stone
- DBuckland
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Q3. 'Fiction Theory' is related to which of the following concepts?
- AOwnership
- BLiability
- CJustice
- DLegal personality
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Q4. The Consumer Protection Act was enacted in:
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Q5. Appeal against the award of Claims Tribunals under the Motor Vehicles Act, 1988 can be made under:
- ASection 171
- BSection 172
- CSection 173
- DSection 174
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Q6. The amendment in Motor Vehicles Act in 1994, the compensation in case of death of the person is:
- ARs. 25,000
- BRs. 50,000
- CRs. 70,000
- DRs. 90,000
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Q7. Under the vicarious liability, the liability is
- AJoint
- BSeveral
- CBoth (1) and (2)
- DEither of the above depending upon facts and circumstances of the case
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Q8. In Torts, in case of Defamation:
- AIntention to defame is not necessary
- BIntention to defame is necessary
- CBoth (i) and (ii)
- DEither (i) or (ii)
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Q9. When was the Advocate Act introduced?
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Q10. The Bar Council of India consist of following as ex- officio member
- AAttorney General of India
- BSolicitor General of India
- CBoth (A) and (B)
- DNone of the above
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Q11. Indian Bar Committee was constituted first time under the Chairmanship of Sir Edward Chamier in the year
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Q12. Power of Disciplinary Committee under the Advocates Act is provided under
- ASection 42
- BSection 53
- CSection 40
- DSection 36
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Q13. The Indian Council of Arbitration was established in:
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Q14. Lex Arbitri means-
- AArbitral Tribunal sitting in India can apply the buy the Singapore
- BJust Law
- CArbitrary Law
- DNone of these
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Q15. In India the Arbitration & Conciliation Act was enacted in
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Q16. Section 10, Sub-section (i) of the Arbitration & Conciliation Act talks about.
- APower of Arbitration
- BNumbers of Arbitrations
- CCapacity of Arbitrations
- DNone of the above
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Q17. A Sunni Muslim marries with Kitabya girl, the marriage is:
- AValid
- BVoid
- CIrregular
- DNone of these
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Q18. The Dissolution of Muslim Marriage Act, 1939 is based on which School of Muslim law:
- AHanafi School
- BShafi School
- CMaliki School
- DZaidi School
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Q19. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if:
- AShe is not married
- BShe is married
- CShe is widow and has no son or daughter but has a widowed daughter in-law
- DShe cannot adopt at all
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Q20. A child born of void and voidable marriage under Hindu law is:
- ALegitimate
- BIllegitimate
- CIllegal
- DNone of these
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Q21. The father of which of the leader has been the Deputy Prime Minister of India?
- AKumari Mayawati
- BMrs. Meira Kumar
- CMrs. Pratibha Devi Singh Patil
- DMrs. Vasundhara Raje
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Q22. Who was the Constitutional Advisor to the Constituent Assembly of India?
- ADr. Rajendra Prasad
- BDr. B.R. Ambedkar
- CB.N. Rao
- DJawaharlal Nehru.
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Q23. The concept of 'Judicial Review' in India is based on:
- AProcedure established by law
- BDue process of law
- CRule of law
- DInternational treaties and convention
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Q24. Protection of environment is a
- AConstitutional Duty
- BDirective Principle
- CFundamental Duty
- DBoth (B) & (C)
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Q25. The item 'Education' belongs to the:
- AUnion List
- BState List
- CConcurrent List
- DResiduary Subject.
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Q26. While interpreting the phrase "equality before the law" contained in Article 14 of the Constitution, the Supreme Court constantly maintained that equality means:
- AAbsolute equality among human beings
- BEqual treatment to all persons
- CAmong equals, the law should be equal and should be equal and should be equally administered
- DBoth (B) & (C)
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Q27. The number of Fundamental Rights available in the Constitution of India are
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Q28. Which one of the following Fundamental Rights was described by Dr. B.R. Ambedkar as 'the heart and soul of the Constitution'?
- ARights to equality
- BRights, to Freedom of Religion
- CRights to Constitutional Remedies
- DAll the above
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Q29. What is the period of appointment of the Comptroller and Auditor- General of India?
- A6 years
- BUp to 65 years of age
- C6 years or 65 years of age whichever is earlier
- DUp to 62 years of age
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Q30. Which of the following writs is a bulwark of personal freedom?
- AQuo Warranto
- BMandamus
- CHabeas Corpus
- DCertiorari
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Q31. Supremacy of law, Equality before law, and predominance of legal Spirit are the basic principles of doctrine of
- AColorable Legislation
- BDoctrine of 'Separation of Powers'
- CDoctrine of 'Rule of Law'
- DDoctrine of 'Excessive delegation'
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Q32. Rule of Law is antithesis of arbitrariness in all civilized societies, It has come to be regarded as mark of a free society It seeks to maintain the balance between the opposite notions of individual liberty and public order this was opined by whom in famous "Habeas Corpus" case?
- AJustice H.R. Khanna
- BChief Justice Ray
- CJustice Chandrachud
- DJustice Bhagwati
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Q33. Maxim 'delegatus non potest delegare' means
- AA delegate can further delegate
- BA delegate cannot further delegate
- CA delegate must protest delegation objectively
- DNone of the above
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Q34. Consumer Protection Act 1986 is predominantly based on UN General Assembly resolution with due negotiations in the:
- AUNCITRAL
- BUNCTAD
- CUN ECOSOC
- DNone of the above
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Q35. Which of the following is irrelevant fact under Evidence Act, 1872?
- Afacts regarding motive
- Bfacts regarding Statement without related conduct
- Cfacts regarding Statements clubbed with conduct
- Dfacts which make other relevant fact as highly probable
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Q36. Test of competency of witness is:
- AHer being intelligent
- BMust be major
- CUnderstanding the nature of question
- DCapable of understanding the nature of question and giving rational answer.
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Q37. Which one is exception to 'rule of hearsay' evidence?
- Adying declaration
- Bfacts forming part of same transaction
- Cfacts forming plea of alibi
- Dfacts regarding character of accuse
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Q38. Communication between husband and wife is treated as privileged if communication-
- AWas made during marriage with promise of confidentiality.
- BWas made during marriage, even without promise of confidentiality.
- CWas made before marriage with promise of confidentiality.
- DIs made after marriage.
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Q39. Leading questions can be asked even without permission of Court during
- AExamination-in-Chief
- BCross Examination
- CRe-Examination.
- DAll of the above
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Q40. What do you mean by the word "evidence"?
- AEvery fact connected with case
- BFacts introduced in Court of law
- CBoth
- DNone
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Q41. What is fact in issue?
- AFacts involved indirectly
- BNecessary facts to arrive or determine rights, liability or immunity
- CBoth
- DNone
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Q42. Relevant fact is?
- AFacts logically relevant to any fact in issue.
- BFacts legally relevant to any fact in issue
- CBoth
- DNone
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Q43. The term "Lock-out" under the Industrial Dispute Act is defined in:
- ASection 2(l)
- BSection 2(o)
- CSection 3(1)
- DSection 2(m)
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Q44. The term "Lay-off" has been defined under the Industrial Disputes Act:
- ASection 2(kkk)
- BSection 2(o)
- CSection 2(l)
- DSection 3(1)
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Q45. The Trade Union Act was enacted:
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Q46. The term "Minimum Wage" has been described in:
- AThe Trade Union Act
- BThe Industrial Dispute Act
- CThe Minimum Wage Act
- DNone of the above
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Q47. The Minimum Wages Act was enacted
Withdrawn by the Bar Council: not scored.
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Q48. The Trade Union Act provide for:
- Aregistration of trade union
- Bregistration of trade union for workers
- Crecognition of registration of trade union as Juristic Persons
- DAll of the above
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Q49. Foreign Court under Section 2(5) of CPC means
- AA Court situated outside India
- BA Court situated outside India the authority of Government of India
- CA Court situated in India applying foreign law
- DAll of these
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Q50. Judgment under Section 2(9) means:
- AA decree
- BDismissal of an appeal
- CStatement of grounds of an order or decree
- DAll the above.
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Q51. Principle of Res-sub judice is provided in
- ASection 10 of CPC
- BSection 11 of CPC
- CSection 13 of CPC
- DSection 14 of CPC
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Q52. Doctrine of Res-judicata as contained in Section 11 of CPC is based on the maxim
- ANemo debet bis vexari pro una et eadem causa
- BInterest reipublicae ut sit finis litium
- CBoth (a) and (b)
- DEither (a) or (b)
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Q53. Principle of Res-judicata applies
- ABetween Co-defendants
- BBetween Co-plaintiffs
- CBoth (a) and (b)
- DNeither (a) nor (b)
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Q54. Validity of a foreign judgment can be challenged under Section 13 of CPC
- AIn a civil Court only
- BIn a criminal Court only,
- CIn both civil and criminal Court
- DNeither in civil nor in criminal Court
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Q55. Under Section 15 of CPC, every suit shall be instituted in:
- AThe District Court
- BThe Court of the lowest grade
- CThe Court of higher grade
- DAll of the above
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Q56. 'X' residing in Delhi, publishes statements defamatory to "Y" in Calcutta, "Y" can sue "X" at
- ADelhi
- BCalcutta
- CAnywhere in India
- DEither in Delhi or in Calcutta
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Q57. A suit for damages for breach of contract can be filed at a place:
- AWhere the contract was made
- BWhere the contract was to be performed or breach occurred
- CAnywhere in India
- DBoth (a) and (b)
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Q58. In every plaint, under Section 26 of CPC facts should be proved by:
- AOral evidence
- BAffidavit
- CDocument
- DOral evidence as well as document.
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Q59. Which of the following is correct of a standard form contract?
- AIt is a valid contract
- BOne party has no choice but to accept and sign the contract
- CBoth (i) and (ii)
- DThe consent is not a free consent
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Q60. As a general rule, an agreement made without consideration is......
- AVoid
- BVoidable
- CValid
- DUnlawful
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Q61. A contingent agreement based on an impossible event under Section 36 is-
- AVoid
- BVoid till impossible is known
- CVoid when event becomes impossible
- DVoidable
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Q62. The consensus ad-idem means-
- AGeneral consensus
- BReaching an agreement
- CMeeting of minds upon the same thing in the same sense
- DAll the above
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Q63. In famous Carlill v. Carbolic Smoke Ball Co., (1893) 1 QBD 256, the Hon'ble Court held that the contract was accepted on being
- ACommunicated
- BActed upon
- CRefused
- DAdvertised
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Q64. Inadequacy of consideration does not make the contract-
- AVoid
- BVoidable
- CUnenforceable
- DNeither void or voidable
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Q65. A jus in personam means a right against
- AA specific person
- BThe public at large
- CA specific thing
- DNone of these
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Q66. Exposure of goods by a shopkeeper is-
- AOffer for Sale
- BInvitation to Offer
- COffer
- DAcceptance
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Q67. An agreement to remain unmarried is-
- AValid
- BVoid
- CVoidable
- DUnenforceable
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Q68. An agreement enforceable at law is-
- AEnforceable acceptance
- BAccepted offer
- CApproved promise
- DContract
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Q69. An agreement shall be void for-
Withdrawn by the Bar Council: not scored.
- AMistake of fact by one party
- BMistake of fact by both the parties
- CMistake of foreign law.
- DAll the above
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Q70. Void agreement signifies -
- AAgreement illegal in nature
- BAgreement not enforceable by law
- CAgreement violating legal procedure
- DAgreement against public policy
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Q71. A proposal when accepted becomes-
- APromise under Section 2 (b)
- BAgreement under Section 2 (e)
- CContract under Section 2(H)
- DNone of the above
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Q72. Offer under Section 2 (a) is-
- ACommunication from one person to another
- BSuggestion by one person to another
- CWillingness to do or abstain from doing an act in order to obtain the assent of other thereto.
- DNone of the above
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Q73. Which of the following statements is incorrect?
- ASpecific Relief Act, 1963, extends to the whole of India except State of Jammu and Kashmir
- BSpecific performance is granted where there exists no standard for ascertaining damage.
- CWhere the aggrieved party can be adequately compensated in money, he will get only a decree for damages and not the recourse to
- DNone of the above
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Q74. Which the following is the correct Statement:
- AUnder Section 7 the suit may be for recovery of special movable property or, in the alternative, for compensation.
- BUnder Section 8, pecuniary compensation is not an adequate relief to the plaintiff for the loss of the article and the relief prayed is for injunction restraining the defendant from disposing of the article or otherwise injuring or concealing it, or for return of the same.
- CBoth (a) and (b) are correct
- DAll are incorrect
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Q75. Transfer of Property Act, 1882 unborn person acquires vested interest on transfer for his benefit under Transfer of Property Act.
- AUpon his birth
- B7 days after his birth
- C12 days after his birth
- DNone of all
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Q76. Which section of Transfer of Property Act deals with onerous gift?
- ASection 127
- BSection 126
- CSection 125
- DSection 124
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Q77. The Negotiable Instruments Act, 1881 came into force on
- A9th December, 1881
- B19th December, 1881
- C1st March, 1882
- DNone of the above
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Q78. The term "Negotiable instrument" is defined in the Negotiable Instruments Act, 1881.
- ASection 12
- BSection 13
- CSection 13A
- DSection 13B
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Q79. The existence of statutes of limitation are due to
- ALong dormant claims have more of cruelty than justice in them
- BThe defendant may have lost the evidence to dispute the stale claim
- CPersons with good causes of action should pursue them with reasonable diligence
- DAll the above
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Q80. Limitation Act is applicable to-
- ACivil suits
- BCriminal cases
- CBoth of the following is correct
- DCivil, all the above
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Q81. Upon failure to hold Statutory Meeting, the penalty for the defaulting company shall be
- ARs. 500 per day of default
- BWound up
- CRs. 1000 per day of default
- DNone of these
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Q82. Free transferability of shares is mandatory in a
- AListed Company
- BCompany Ltd. By shares
- CPublic Ltd. Company
- DForeign Company
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Q83. The Memorandum of Association of a listed company shall be as per
- ATable A
- BTable B
- CTable C
- DTable D
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Q84. Which of the following clause from Memorandum of Association cannot be amended?
Withdrawn by the Bar Council: not scored.
- AObjects Clause
- BLiability Clause
- CAssociation Clause
- DRegistered office clause
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Q85. In the IPC, nothing is an offence which is done by a child under:
- AEight years
- BTen years
- CSeven years
- DTwelve years
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Q86. Right of private defence of the body extends to voluntary causing death if the offence, which is occasions the exercise of right:
- AReasonably causes apprehension that death will be caused
- BReasonably causes apprehension that simple injury will be caused
- CIs of escaping with stolen property immediately after the theft
- DIs of arresting a person who is running away after having committed an offence of voluntarily causing hurt
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Q87. Under Section 498 A, the 'Cruelty' means and includes:
- AOnly demand of dowry
- BOnly physical torture
- CBoth mental & physical torture
- DNone of the above
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Q88. What is the offence where preparation itself of a offence is punishable:
- ATheft
- BDacoity
- CMurder
- DRape
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Q89. In Rex v. Govinda, the points of distinction between the two provisions of the IPC were explained
- ASection 34 and Section 149
- BSection 302 and Section 304
- CSection 299 and Section 300
- DSection 403 and Section 405
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Q90. A has sexual intercourse with his own wife aged about 14 years with her consent. A committed
- ANo offence
- BOffence of Rape
- CIntercourse with own wife is not Rape.
- DAs there was consent hence A cannot be held guilty for the offence rape
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Q91. The investigating officer during the investigation records the statements of a witness under
- ASection 160 of Cr.P.C.
- BSection 162 of Cr.P.C.
- CSection 161 of Cr.P.C.
- DSection 164 of Cr.P.C.
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Q92. In a bailable offence, the bail is granted as a matter of right
- ABy the police officer
- BBy the Court
- CBoth by the police officer and the Court
- DEither (a) or (b)
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Q93. Non-cognizable offence has been defined-
- AUnder Section 2(a)
- BUnder Section 2(e)
- CUnder Section 2(f)
- DUnder Section 2(l)
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Q94. Section 91 of Cr.P.C. does not apply to
- AThe complainant
- BThe accused
- CThe witness
- DA person who is neither a complainant nor an accused nor a witness
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Q95. Cognizable offence under Cr.P.C. has been defined
- AUnder Section 2(a) of Cr.P.C.
- BUnder Section 2(c) of Cr.P.C.
- CUnder Section 2(f) of Cr.P.C.
- DUnder Section 2(l) of Cr.P.C.
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Q96. It is mandatory to produce the person arrested before the Magistrate within 24 hours of his arrest under-
- ASection 56 of Cr.P.C.
- BSection 57 of Cr.P.C.
- CSection 58 of Cr.P.C.
- DSection 59 of Cr.P.C.
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Q97. A refusal to answer questions put to a witness under Section 161 of Cr.P.C. is an offence under
- ASection 176 I.P.C.
- BSection 179 I.P.C.
- CSection 187 I.P.C.
- DNeither (a) nor (b) nor (c)
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Q98. A statement of a witness recorded under Section 161 of Cr.P.C. in writing during investigation and signed by the person making the statement is hit by
- ASection 161(2) of Cr.P.C.
- BSection 161(3) of Cr.P.C.
- CSection 162(1) of Cr.P.C.
- DSection 162(2) of Cr.P.C.
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Q99. Which classification of offence comes under Criminal Procedure Code?
- ACognizable & non-cognizable
- BBailable & non-bailable.
- CSummons cases & warrant cases
- DAll of the above.
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Q100. Complaint as provided under Section 2(d) of Cr.P.C.
- ACan be in writing only
- BCan be oral
- CEither in writing or oral
- DCan be by gestures
