AIBE 9 (IX) 2016 Set A 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 Of its 100 questions, 1 were withdrawn by the Bar Council, so 99 are scored.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. State practice for the formation of customary rule includes: (1) State actions (2) State claims
- Aonly 1
- Bonly 2
- Cboth 1 and 2
- Dneither 1 nor 2
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Q2. The Controller of Certifying Authorities in India must maintain a database of the disclosure records of: (1) Certifying Authority (2) Cross Certifying Authority (3) Foreign Certifying Authority
- A1 and 2
- B2 and 3
- C3 and 1
- D1, 2 and 3
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Q3. Under Section 37 of the IT Act, 2000, the certifying authority can suspend the digital signature certificate if: (1) The subscriber is found guilty of malpractice (2) The subscriber is involved in cyber terrorism (3) The subscriber requests for the same (4) In public interest
- A1 and 2
- B2 and 3
- C3 and 4
- D4 and 1
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Q4. In the cases before Cyber Appellate Tribunal, the appellant
- ACannot appear in person without a legal practitioner
- BCannot authorize a legal practitioner to appear on his behalf
- CCannot authorize his officer to appear on his behalf
- DCannot authorize his relative who is neither his officer nor a legal practitioner to appear on his behalf.
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Q5. In the light of the Criminal Law Amendment Act, 2013, which of the following Statements are correct?
Withdrawn by the Bar Council: not scored.
- AThe word "rape" in Section 375 of Indian Penal Code, 1860 has been replaced with sexual assault
- BRape is now a gender-neutral offence
- CThe amendment has fixed the age for consensual sex as 16 years
- DAll the above
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Q6. The offence of stalking upon second or subsequent conviction is
- ANon Cognizable and Bailable
- BCognizable and Bailable
- CCognizable and Non-bailable
- DNon Cognizable and Non-bailable
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Q7. In kidnapping, the consent of minor is
- Awholly immaterial
- Bpartly immaterial
- Cwholly material
- Dpartly material
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Q8. Under the provisions of the Trade Unions Act, 1926, any person who has attained the age of ___ may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary.
- A14 years
- B15 years
- C18 years
- D21 years
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Q9. Spurious goods under the provisions of the Consumer Protection Act, 1986 imply
- ASuch goods and services which are of poor quality.
- BSuch goods and services which are claimed to be genuine but they are actually not so
- CSuch goods and services which might be stolen in nature
- DSuch goods and services which are not usable in nature
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Q10. Who is liable to pay compensation in case of death or permanent disablement?
- AOwner of the vehicle
- BState Government
- CDriver
- DInsurance Company
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Q11. Indian Evidence Act applies to
- AProceedings before Tribunals
- BProceedings before the arbitrator
- CJudicial proceedings in Court
- DAll of the above
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Q12. Fact in issue means-
- AFact, existence or non existence of which is admitted by the parties
- BFact, existence or non existence of which is disputed by the parties
- CFact, existence or non existence of which is not disputed by the parties
- DAll the above
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Q13. In a bailable offence bail is granted as a matter of right.
- ABy the police officer
- BBy the Court
- CBoth by the police officer and the Court
- Deither (1) or (2)
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Q14. The conciliation proceedings
- ACan be used as evidence in any judicial proceedings.
- BCan be used as evidence only in Arbitral proceedings.
- CCan be used as evidence only on the discretion of the judge or arbitrator.
- DCannot be used as evidence in any judicial or arbitral proceedings.
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Q15. The Serious Fraud Investigation Office
- ATakes up cases suo motu
- BTakes up cases for investigation on the basis of application made by the people concerned
- CTakes up cases for investigations referred to it by Central Government
- DAll of the above
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Q16. Directive Principles are-
- Ajustifiable as fundamental rights
- Bjustifiable but not as fundamental rights
- Cdecorative portions of Indian Constitution
- Dnot justifiable, yet fundamental in the governance of the country
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Q17. Who has the power to dissolve the Lok Sabha
- APresident
- BPrime Minister
- CSpeaker of Lok Sabha
- DCouncil of Ministers
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Q18. An amendment of the Constitution can be initiated by introduction of Bill for such purpose in
- ACouncil of States
- BHouse of People
- Ceither in Council of States or House of People
- Dnone of the above
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Q19. Which of the following is a function of Central Pollution Control Board under the provisions of Section 16 of the Air (Prevention and Control of Pollution) Act, 1981?
- ATo carry out and sponsor investigation and research relating to problems of pollution and prevention, control or abatement of pollution.
- BTo improve the quality of air
- CBoth (1) and (2)
- Dneither (1) nor (2)
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Q20. The destruction of fish by use of explosive or by poisoning the water is prohibited by
- AEnvironment (Protection) Act, 1986
- BThe Water (Prevention and Control of Pollution) Act, 1974
- CIndian Fisheries Act, 1897
- DThe National Green Tribunal Act, 2010
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Q21. Section 10 of CPC does not apply-
- Awhen the previous suit is pending in the same Court
- Bwhen the previous suit is pending in a foreign Court
- Cwhen the previous suit is pending in any other Court of India.
- Dwhen the previous suit is pending in a Court outside India established by the Central Government
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Q22. Principle of Res judicata is
- AMandatory
- BDirectory
- CDiscretionary
- DAll the above
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Q23. International law is a weak law because
- AIt is not enforceable as such, it is not a law but a positive morality
- BThere is absence of compulsory dispute settlement mechanisms and independent system of sanctions
- CIt only includes States as subjects
- DThere is no dependable sources available
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Q24. Which of the following territories have been declared as Common Heritage of Mankind Territories? (A) Moon (B) High seas (C) Deep sea bed (D) Antarctica
- AA, B and D
- BA and C
- CB, C, and D
- DB and D
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Q25. Which of the following is not the objective of the United Nations
- AMaintenance of International peace and security
- BEnsuring respect for treaty' obligations
- CEstablishment of democratic Governments throughout the world
- DPromotion of better standards of life
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Q26. The committee that led to the passing of the Criminal Law Amendment Act, 2013 was headed by-
- AJustice Dalveer Bhandari
- BJustice Altamas Kabeer
- CJustice J.S. Verma
- DJustice J.S. Anand
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Q27. What is true of perpetual injunction
- AIt is a judicial process
- Bpreventive in nature
- Cthe thing prevented is a wrongful act
- Dall of the above
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Q28. The provisions of ______ do not apply to trade unions registered under the provisions of the Trade Union Act, 1926.
- AThe Co-operative Societies Act, 1912
- BThe Companies Act, 1956
- CBoth (1) and (2)
- DNeither (1) nor (2)
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Q29. According to Salmond every legal right
- ACannot be vested in a person
- BIs availed against a person upon whom lies the correlative duty
- CCannot oblige the person bound to an act or omission in favour of the person entitled
- DCannot have a title
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Q30. The binding force of precedent is destroyed or weakened by
- APublic opinion
- BAbrogated decision
- CRes judicata
- DLis pendens
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Q31. Which of the following is true in respect of a Government contract which does not conform to provisions of Article 299 of the Constitution?
- AThey are not enforceable in Court against the parties
- BThey can be rectified by the Government
- CBoth (1) and (2)
- DNeither (1) nor (2)
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Q32. State Bar Council under the provisions of Section 35 of the Advocates Act, 1961 has the authority to
- AReprimand the advocate
- BSuspend the advocate from practice for such period of time as it may deem fit
- CRemove the name of the advocate from the State roll of advocates
- DAll of these
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Q33. Which of the following is untrue regarding qualification for a person to be admitted on the State rolls maintained by State Bar Councils
- AThe minimum age of requirement is 21 years.
- BHe must be an Indian Citizen
- CHe must not have been convicted of an offence involving moral turpitude
- DThey must not have been convicted of an offence under the provisions of the Untouchability (Offences) Act, 1958
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Q34. Time which has begun to run can be stopped in case of
- AMinority
- BInsanity
- CIdiocy
- DNone of the above
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Q35. If an instrument may be construed either as promissory note or bill of exchange, it is
- Aa valid instrument
- Ban ambiguous instrument
- Ca returnable instrument
- Dnone of the above
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Q36. How is the net worth of a foreign Company calculated for the purpose of Corporate Social Responsibility?
- AThe net worth will be calculated as per Section 198 of Companies Act, 2013
- BIt shall be calculated as per Section 197 of the Companies Act, 2013
- CIt shall be calculated as per Section 197 and Section 381 of the Companies Act, 2013
- DIt shall be calculated as per Section 198 and Sec. 381 of Companies Act, 2013.
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Q37. According to one of the theories of punishment evil should be returned by evil. This theory is called the
- AReformative Theory
- BDeterrent Theory
- CPreventive Theory
- DRetributive Theory
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Q38. Which of the following actions can be taken by a Registrar under Section 4 (5) of the Companies Act, 2013?
- AHe can direct the Company to change its name within a period of 6 months after passing an ordinary resolution
- BTake action for striking off the name of the Company from the registrar of Companies
- COrder winding up of the Company on his own accord
- DAll of these
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Q39. Which of the following are included in the concept of "State" under Article 12?
- ARailway Board and Electricity Board
- BJudiciary
- CUniversity
- DAll of the above
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Q40. The word 'procedure established by law' in Article 21 means
- Athat due process of law must be followed
- BA procedure laid down or enacted by a competent authority
- CThe same thing as due process of law
- DA law which is reasonable, just and fair.
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Q41. Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC
- ACan be taken at any stage of the proceedings
- Bshould be taken at the earliest possible opportunity or shall be invalid
- Ccan be taken in appeal or revision for the first time
- Deither (1) or (3)
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Q42. Objection as to the place of suing
- Acan only be taken before the Court of first instance at the earliest possible opportunity
- Bcan also be taken before the appellate Court for the first time
- Ccan also be taken before the Court of revision for the first time
- Dall of the above
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Q43. On the retirement, removal or death of a next friend, under Order XXXII, Rule 10 of CPC, the suit is liable to be
- Astayed
- Bdismissed
- Crejected
- Deither 1, 2 OR 3
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Q44. In India which of the following authorities has the power to block websites?
- ACERT-in
- BMCIIPC
- CC-DAC
- DMinistry of IT
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Q45. The right to private defence is
- Aavailable under all circumstances
- Bavailable when there is time to have the recourse to the protection of public authorities
- Cavailable when there is no time to have recourse of public authorities
- DAll the above
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Q46. Which of the following can be considered retrenchment under the provisions of the Industrial Disputes Act, 1947?
- ATermination due to ill-health
- BAbandonment of job by an employee
- CTermination on account of reaching the age of superannuation
- DNone of these
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Q47. Which of the following Statement holds true regarding imprisonment under the provisions of Section 14 (3) of the Child Labour (Prohibition and Regulation) Act, 1986
- AIt may extend to one year.
- BIt may extend to two years.
- CIt may extend to six months.
- DIt may extend to one month
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Q48. Onus to prove reasonable excuse for withdrawal from the Society of the other is on
- APetitioner
- BRespondent
- CBoth (1) and (2)
- DEither (1) or (2)
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Q49. A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance
- Awithin 6 months of attachment
- Bwithin 2 years of attachment
- Cwithin 3 years of attachment
- Dwithin 1 year of attachment
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Q50. The question whether a Statement was recorded in the course of investigation is a
- Aquestion of law
- Bquestion of fact
- Cmixed question of law and fact
- Dquestion of law or of fact depends on facts and circumstances
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Q51. Where the police submits a final report under Section 173 (2) of CrPC for dropping of proceedings to a Magistrate, the Magistrate
- Amay accept the same
- Bmay reject the same
- Cmay reject the same and order further investigation
- Dany of the above
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Q52. The orders under Section 125 of CrPC are
- Asummary in nature but finally determine the rights and obligations of the parties
- Bsummary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil Court
- CSubstantive in nature and finally determine the rights and obligations of the parties.
- DSubstantive in nature and are not subject to determination of a right of the parties by a civil Court.
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Q53. A contingent contract based on the specified uncertain events not happening within a fixed time under Section 35
- Aremains valid even if the event does not happen within that fixed time
- Bbecomes void at the expiration of the time fixed
- Cbecomes void if the happening of that event becomes impossible before the expiry of time fixed.
- Dboth (2) and (3)
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Q54. Which among the following is authorized under the Information Technology Act, 2000 to prescribe the security procedures and practices for the purpose of Sections 14 and 15 of the Act?
- ACentral Government
- BState Government
- CCertifying authority
- DIssuing authority
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Q55. The essential ingredients of the tort of negligence are: (1) When one owes a duty of care towards the other. (2) When one commits a breach of that duty. (3) The other person suffers damage as a consequence thereof. Choose correct response.
- ANone of them are essential ingredients
- BOnly the first is an essential ingredient
- CAll of them are essential ingredients
- DEven if the first is absent the tort of negligence is committed
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Q56. Vicarious liability includes
- ALiability of the principal for the tort of his agent
- BLiability of the master for the tort of his servant
- CLiability of the partners for each other's torts
- Dall of the above
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Q57. Necessity rule as to admissibility of evidence is applicable when the maker of a Statement
- Ais dead or has become incapable of giving evidence
- Bis a person who can be found but his attendance cannot be procured without unreasonable delay or expenses
- Cis a person who cannot be found
- Dall of the above
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Q58. Secondary evidence of a document means
- ACopies of the document
- Boral account of the contents of the documents
- CBoth (1) and (2)
- Dnone of the above
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Q59. A Will is required to be proved by calling at least one attesting witness
- Awhen it is registered
- Bwhen it is unregistered
- Cwhen it is admitted
- DAll of the above
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Q60. Any person in Section 106 of Evidence Act refers to
- Aa party to the suit
- Ba stranger to the suit
- Ca person who is not a party to the suit but interested in the outcome of the suit
- Dall of the above
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Q61. In a cognizable case under IPC, police have the
- AAuthority to arrest a person without warrant
- BAuthority to investigate the offence without permission of the Magistrate
- CBoth (1) and (2)
- DEither (1) or (2)
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Q62. During investigation a search can be conducted without warrant by
- Aany Police Officer
- Bby the investigating officer
- CBoth (1) and (2)
- Deither (1) or (2)
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Q63. Committal proceedings under Sec. 209 of CrPC are in the nature of
- Aaid in investigation
- Binquiry
- Ctrial
- Deither inquiry or trial
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Q64. Which is correct?
- Aproposal + acceptance = promise
- Bpromise + consideration= agreement
- Cagreement + enforceability=contract
- Dall of the above
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Q65. Communication of acceptance is complete as against the proposer
- Awhen it comes to the knowledge of the proposer
- Bwhen it is put in course of transmission to him so as to be out of power of the acceptor
- Cwhen the acceptance is communicated to the proposer
- Dall of the above
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Q66. In cases of general offer, for a valid contract
- Athe acceptor need not have the knowledge of the offer
- Bthe acceptor must have the knowledge of the offer before acceptance by performance
- Cthe acceptor may acquire the knowledge of the offer after the performance of the condition for acceptance
- Dknowledge does not matter so long as the condition is performed with or without knowledge
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Q67. Under the provision of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit
- Aupon his birth
- B7 days after his birth
- C12 days after his birth
- Dno such provision is made
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Q68. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable
- Aat the option of creditor so defeated or delayed
- Bat the option of debtor
- Cat the option of Court
- Dnone of the above
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Q69. Where co-judgment debtors are in the position of joint promisors, each is-
- Anot jointly and severally liable to the decree holder
- Bjointly and severally liable to the decree holder
- Cjointly liable to the decree holder only
- Dseverally liable to the decree holder only
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Q70. At sight under Section 21 of the Negotiable Instruments Act, 1881 means
- Aon presentation
- Bon demand
- Con coming into vision
- Dnone of the above
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Q71. Section 5 of the Limitation Act applies to
- ASuits
- BExecution
- CElection petitions
- DNone of the above
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Q72. Which of the following Companies will have to constitute Corporate Social Responsibility Committee under the Companies Act, 2013
- AA Company having a net profit of 2.5 crores in a financial year, a net worth of 300 crores and a turnover of rupees 800 crore
- BA Company having a net profit of 3 crores, in a financial year, a net worth of 300 crores and a turnover of rupees 600 crore
- CA Company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 1000 crore or more
- DA Company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 5000 crore or more
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Q73. A disqualified person/heir
- ATransmits an interest to his or her own heir
- BTransmits no interest to his or her own heir
- CMay or may not transmit an interest to his or her own heir as per the discretion of the Court
- DMay only transmit an interest to his or her own heir with the consent of the other heirs.
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Q74. In cases in which a specific act confers a discretionary power on an authority.
- AThe Court can direct the manner in which the power is exercised
- BThe Court can direct that the power be exercised in accordance with law
- CBoth (1) and (2)
- DNeither (1) nor (2)
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Q75. The Bar Council of India Rule which stipulated that persons aged 45 years and above could not be enrolled as advocates was struck down by the Supreme Court in
- AIn E. S. Reddi vs. Bar Council of India
- BIndian Council of Legal Aid and Advice vs. Bar Council of India
- CP. Shanmugam vs. Bar Council of India
- DLegal Committee vs. Bar Council of India.
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Q76. Which is an incorrect Statement?
- AAn Arbitral award is a contract.
- BAn Arbitral award must be in writing and signed
- CAn Arbitral award includes an interim award.
- DNone of the above
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Q77. Which of the following Statements hold true for adjudicatory bodies
- ADoctrine of Stare Decisis applies to them
- BDoctrine of Res judicata does not apply to them
- CInherent lack of jurisdiction in a Tribunal cannot be cured or created by the act of the parties
- DNone of the above
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Q78. The Supreme Court held in V.C. Rangadurai vs. D. Gopalan that an advocate who has been disbarred or suspended from practice must prove after expiration of a reasonable length of time that,
- AHe appreciates the insignificance of his dereliction
- BHe has lived a consistent life of poverty and integrity
- CHe possesses the good character necessary to guarantee uprightness and honour in his professional dealings
- DThe burden is on the applicant to establish that he is entitled to resume the privilege of practicing law without restrictions.
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Q79. The present Arbitration and Conciliation Act of 1996 is based on-
- AConstitution of India
- BSupreme Court of India guidelines
- CEuropean Commercial Arbitration procedure.
- DUNCITRAL
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Q80. Who among the following is authorized to issue regulations regarding shelf prospectus
- ASEBI
- BCentral Government
- CCompany Law Board regulations
- DNational Company Law Tribunal
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Q81. Which of the following is not included in the definition of cattle as given under the Indian Forest Act, 1927
- ARams
- BKids
- CKitten
- DNone of these
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Q82. The provisions of the Arbitration and Conciliation Act, 1996 have to be interpreted being uninfluenced by the principles underlying the 1940 Act. This observation was laid down in -
- AM.M.T.C. Ltd vs. Sterlite Industries (India) Ltd.
- BSundaram Finance Ltd. vs. N.E.P.C. Ltd.
- COlympus Superstructures Pvt. Ltd. vs. Meera Vijay
- DOrma Impex Pvt. Ltd. vs. Nissari Pvt. Ltd.
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Q83. Which of the following services cannot be provided to the Company by an auditor appointed, under the provisions of the Companies Act, 2013
- AInternal Audit
- BActuarial services
- CManagerial Services
- DAll of these
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Q84. Under the Wild Life (Protection) Act, 1972, any person who teases an animal in a zoo may be punished
- Awith fine which may extend to 5000
- Bwith imprisonment which may extend up to 1 year
- CBoth (1) and (2)
- DNeither (1) nor (2)
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Q85. The entry on forests and protection of Wild animals and birds was moved from....... to the..... by the 42nd Amendment to the Constitution of India.
- ACentre list to State list
- BCentre list to Concurrent list
- CState list to Concurrent list
- DState list to Union list
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Q86. Droit des Gens (Law of Nations) 1758 was written by
- ACornelius van Bynkershoek
- BEmerich de Vattel
- CRichard Zouch
- DJean Bodin
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Q87. To establish section 34 -
- ACommon Intention must be proved but no overt act is required to be proved.
- BCommon intention and overt act both are required to be proved
- CCommon intention need not be proved but only overt act is required to be proved.
- DAll of the above
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Q88. Under the provisions of the Industrial Disputes Act, 1947, the appropriate Government can by order in writing
- ARefer the dispute to a Board for promoting a settlement of the dispute
- BRefer any matter appearing to be relevant to the dispute to a Court for inquiry
- CBoth (1) and (2)
- Dneither (1) nor (2)
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Q89. Which of the following Statement is true for loss of confidence by management in the workman?
- AEven when dismissal or discharge is held to be wrongful, the Court may not yet order reinstatement if the employer is able to establish that the workman held a position of trust and there was loss of confidence.
- BLoss of confidence may also be a ground for discharge simpliciter of the workman
- CBoth (1) and (2)
- Dneither (1) nor (2)
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Q90. Under the provisions of the Consumer Protection Act, 1986, the period of limitation for filing complaint before the National Commission is
- A1 year from the date on which cause of action has arisen
- B2 years from the date on which cause of action has arisen
- C3 years from the date on which cause of action has arisen
- D4 years from the date on which cause of action has arisen
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Q91. Grievous hurt under the Motor Vehicles Act, 1988 means
- AGrievous hurt as defined in IPC
- BGrievous hurt as defined in medical laws
- CGrievous hurt as detected by medical practitioner
- Dnone of the above
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Q92. A retracted confession-
- Acan be solely made the basis of conviction
- Bcannot be solely made the basis of conviction
- Ccannot be solely made the basis of conviction unless the same is corroborated
- Dboth a and c are correct
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Q93. A confession to be inadmissible under Section 25 of the Act
- Amust relate to the same crime for which offender is charged
- Bmay relate to the same crime for which offender is charged
- Cmust relate to another crime
- Dnone of the above
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Q94. An unjustified and unexplained long delay on the part of the Investigating Officer in recording the Statement of a material witness would render the evidence of such witness
- AUnreliable
- BInadmissible
- CInadmissible and unreliable
- DNone of the above
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Q95. Recording of pre-summoning evidence may be dispensed with under Section 200 of Cr.PC.
- AIf the complaint is supported by the affidavit of the complainant
- BIf the complaint is made in writing by a public servant in the discharge of his official duties
- Cboth 1 and 2 are correct
- Donly 1 is correct but 2 is incorrect
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Q96. Contract without consideration made in writing and registered and made on account of natural love and affection is
- Avoid
- Breasonable
- Cvalid
- Dunenforceable
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Q97. Under the Transfer of Property Act, 1882
- Athe salary of a public officer can be transferred
- Bthe salary of a public officer cannot be transferred
- Cpublic office can be transferred
- Dnone of the above
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Q98. Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if recovered by the transferor or by the transferee, is applicable first in payment of cost of such recovery. This is the provision of
- Amortgaged debt
- Bgift
- Cactionable claim
- Dlease
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Q99. A suit under Section 6 of the Specific Relief Act can be brought by
- Atrespasser
- Ba tenant holding over
- Cservant
- Dmanager
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Q100. Injunction cannot be granted in a suit
- Ain which the specific performance cannot be enforced
- Bfor breach of negative contract to enforce specific contract
- Cfor declaration where the plaintiff is in possession
- Dneither 1, nor 2, nor 3
