AIBE 5 (V) 2013 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.
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. ........ is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests.
- AExpert determination
- BArbitration
- CConciliation
- DNegotiation
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Q2. "The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally." Whose statement is this?
- AChief Justice Marshall
- BChief Justice Coke
- CChief Justice Halsbury
- DChief Justice Bacon
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Q3. The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees............ no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the specific case.
- AR.D. Saxena vs. Balram Prasad Sharma
- BVC Rangadhurai vs D Gopalan
- CEmperor vs. Dadu Ram
- DG Naranswamy vs Challapalli
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Q4. Duty of an advocate towards his client is detailed out in which rules of Bar Council of India
- A33 to 38
- B11 to 33
- C23 to 27
- D33 to 36
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Q5. Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?
- ASection 25-A
- BSection 26-A
- CSection 27-A
- DSection 24-A
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Q6. Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?
- ASection 11
- BSection 9
- CSection 10
- DSection 12
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Q7. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiffs action and it is called as
- ACross-claim
- BSet-off
- CCross-demand
- DCross-decrees
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Q8. An attachment before judgement order takes away.
- ARight to ownership
- BRight to file suit
- CPower to alienate the property
- DCapacity of execution of a decree.
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Q9. The three pillars on which foundation of every order of injunction rests
- APrima facie case, injury with damage and balance of inconvenience
- BPrima facie case, reparable injury and balance of convenience
- CPrima facie case, irreparable injury and balance of convenience
- DPrima facie case, damage without injury and balance of convenience
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Q10. ............ is to enable subordinate Courts to obtain in non-appealable cases the opinion of the High Court on a question of law and thereby avoid the commission of an error which could not be remedied later on.
- AReview
- BReference
- CAppeal
- DRevision
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Q11. Who decides as to which of the several modes he/she will execute the decree
- APlaintiff
- BCourt
- CJudgement debtor
- DDecree holder
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Q12. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as-
- AQuestion Petition
- BQuestion pamphlet
- CInterrogatories
- DDiscovery
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Q13. ............ is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.
- AJoint suit
- BRepresentative suit
- CCollusive suit
- DCollective suit.
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Q14. A person appointed by the Court to protect, preserve and manage the property during the pendency of the litigation
- AAmicus curiae
- BPreserver
- CProtector
- DReceiver
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Q15. The provision under CPC that relates to suit by indigent persons-
- AOrder 32
- BOrder 34
- COrder 35
- DOrder 33
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Q16. Section 5 of the Limitation Act, 1963 enables the Court to condone delay in filling. ....... on sufficient satisfaction of sufficient cause.
- Aappeal or application
- Bappeal, suit and application
- Cappeal, petition and counter petition
- Dappeal, petition, suit and counter petition.
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Q17. Limitation period prescribed in filling a suit by a mortgagor to recover possession of immovable property mortgaged
- A20 years
- B12 years
- C10 years
- D30 years
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Q18. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?
- ASecs. 49 & 50
- BSecs. 23 & 24
- CSecs. 45 & 46
- DSecs. 81 & 82
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Q19. The contents of documents may be proved either by
- APrimary evidence or by secondary evidence
- BDirect evidence or circumstantial evidence
- CPrimary evidence or documentary evidence
- DPrimary evidence or direct evidence
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Q20. Oral accounts of the contents of a document given by some person who has himself if seen it is
- ADirect evidence
- BBest evidence
- CCircumstantial evidence
- DSecondary evidence
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Q21. "The DNA test cannot rebut the conclusive presumption envisaged under Section 112 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof." It was so held in which case
- AShaik Fakruddin vs. Shaik Mohammed Hasan, AIR 2006 AP 48
- BSiddaramesh vs. State of Karnataka (2010) 3 SCC 152
- CKailash vs. State of Madhya Pradesh AIR 2007 SC 107
- DSomwanti vs. State of Punjab. AIR 1963 SC 151
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Q22. The statements of dead persons are relevant under which provision
- ASection 48
- BSection 49
- CSection 32(4)
- DSection 13(3)
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Q23. "Witnesses are the eyes and ears of Justice." Whose statement is this
- ALord Atkin
- BBentham
- CLord Denning
- DPhipson
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Q24. An accomplice is unworthy of credit unless he is corroborated in material particulars is a
- Apresumption of fact
- Bpresumption of law
- Cconclusive of proof
- Dnone of the above
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Q25. Patent ambiguity in interpreting documents renders it.
- ACurable
- BIn-curable
- CCurable and incurable
- DNone of the above
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Q26. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal Code
- ASection 120-A
- BSection 120-B
- CSection 153-A
- DSection 226
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Q27. The gist of this offence is meeting of minds
- ASection 120-A
- BSection 133
- CSection 221
- DSection 340
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Q28. A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B.
- AWrongful restraint
- BWrongful confinement
- CRefusal to leave the place
- DNone of the above
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Q29. Adulteration of food or drink intended for sale is punishable under
- ASection 227
- BSection 272
- CSection 277
- DSection 273
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Q30. Voluntarily causing grievous hurt to deter public servant from his duty is
- ACognizable & non-bailable offence
- BNon cognizable & bailable offence
- CCognizable and bailable offence
- DNone of the above
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Q31. A obtains property from Z by saying "Your child is in the hands of my gang and will be put to death unless you send us Rs. 10,000/-. This offence is -
- ARobbery
- BExtortion
- CDacoity
- DNone of the above
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Q32. Which provision under Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate, to record confessions and statements?
- ASection 164
- BSection 162
- CSection 163
- DSection 164-A
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Q33. Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section
- ASection 41(a)
- BSection 41(c)
- CSection 41(e)
- DSection 41(d)
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Q34. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of
- A7 years
- B2 years
- C10 years
- D5 years
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Q35. Which provision under the Code provides the indication as to the rule against double jeopardy?
- ASection 300
- BSection 305
- CSection 309
- DSection 311
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Q36. "If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed." It was so upheld in which case
- ASangarabonia Sreenu vs. State of Andhra Pradesh
- BState of Himachal Pradesh vs. Tara Dutta
- CShamsher Singh vs. State of Punjab
- DNalini vs. State of Tamilnadu.
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Q37. "Provisions of Section 195 of the Code are mandatory and non-compliance of it would vitiate the prosecution and all other consequential orders." In which case the Court upheld so
- AC. Muniappan vs. State of Tamilnadu
- BKishun Singh vs. State of Bihar
- CState of Karnataka vs. Pastor P. Raju.
- DNone of the above.
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Q38. Order granting anticipatory bail becomes operative
- Aon arrest
- Bon passing of the order by the Court
- Cprior to arrest
- Dnone of the above
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Q39. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per
- ASection 12
- BSection 11 (2)
- CSection 12 (2)
- DSection 13.
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Q40. Under Section 41 of the Specific Relief Act, an injunction cannot be granted
- Ato restrain in any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which the injunction is sought
- Bto restrain any person from applying to any legislative, body
- Cto restrain any person from instituting or prosecuting any proceeding in a criminal matter
- Dall of the above
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Q41. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition?
- ASection 4
- BSection 5
- CSection 7
- DSection 10
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Q42. It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of............. and this has been overruled in the case of.........
- AIn re: Berubari Union; Keshavananda Bharathi vs. State of Kerala
- BA. K. Gopalan vs. State of Madras; Maneka Gandhi vs. Union of India
- CAjay Hasia vs. Khalid Mujib; Som Prakash vs. Union of India
- DI.C. Golaknath vs. State of Punjab; Shankar Prasad vs. Union of India
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Q43. By the Constitution (97th Amendment) Act, 2011 the following word has been, inserted under Article 19(1)(c)
- ADemocratic Societies
- BRegistered Societies
- CCo-operative Societies.
- DCo-operative Management
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Q44. Doctrine of Legitimate Expectation was discussed in the following case
- ARam Krishna Dalmia vs. Justice S.R. Tendolkar
- BM. C. Mehta vs. Union of India
- CState of U.P. vs. Deoman
- DFood Corporation of India vs. M/s. Kamdhenu Cattle Feed Industries
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Q45. The Supreme Court in Selvi & Ors. vs. State of Karnataka held that compulsory brain-mapping and polygraph tests and NARCO analysis were in violation of the following Articles of the Constitution.
- AArticles 23 and 24
- BArticles 15 and 16
- CArticles 29 and 30
- DArticles 20 and 21
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Q46. "Passive Euthanasia is permitted in certain cases- " held in
- AAruna Ramchandra Shanbaug vs Union of India
- BGian Kaur vs State of Punjab
- CP. Rathinam vs Union of India
- DState of Maharashtra vs. Chandraben
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Q47. A Delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. What is the type of contract called as
- AIndemnity
- BGuarantee
- CBailment
- DPledge
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Q48. The essence of a contract of agency is the agent's
- ARepresentative capacity coupled with a power to affect the legal relations of the principal with third persons
- BPower and title to the property that is being dealt with.
- CAuthority and status of dealing with the trade
- DNone of the above.
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Q49. "A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted, by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act". - Whose statement is this?
- AHalsbury
- BSalmond
- CPhipson
- DPollock
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Q50. A's nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that anybody who discovered the missing boy without knowing the reward. When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts.
- ALalman Shukla vs. Gauri Dutt
- BDonoghue vs. Stevenson
- CTweedle vs. Atkinson
- DDutton vs. Poole
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Q51. A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question?
- ASections 59 to 61
- BSections 22 of 31
- CSections 10 to 12
- DSections 55 to 60
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Q52. What property cannot be transferred under Section 6 of Transfer of Property Act, 1882
- AAn easement apart from the dominant heritage
- BAn interest in property restricted in its enjoyment to the owner personally
- CA right to future maintenance, in whatsoever manner arising, secured, or determined.
- DAll of the above.
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Q53. A transfers property, of which he is the owner, to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. Can the interest so created for the benefit of the eldest son take effect?
- AYes
- BNo
- CIt is a valid transfer
- DNone of the above
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Q54. The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under Section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so
- AFirm Ashok Traders & another vs. Gurumukh Das Saluja & others
- BM.M.T.C Ltd vs. Sterlite Industries (India) Ltd.
- CNational Thermal Power Corporation. vs. Flowmore (P.) Ltd.
- DMagma Leasing Ltd. vs. NEPC Micon Ltd.
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Q55. Which provision of Hindu Marriage Act, 1955 deals with conciliation
- ASection 23
- BSection 23(2)
- CSection 23(3)
- DSection 22
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Q56. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the Court?
- ASection 98
- BSection 99
- CSection 89
- DSection 88
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Q57. Equal pay for Equal work - can be enforced through
- AArticle 39
- BArticles 14 and 16
- CArticle 311
- DArticle 309
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Q58. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws mentioned under
- AArticle 352
- BArticle 256
- CArticle 254
- DArticle 301
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Q59. Justice Ramanandan Committee relates to-
- AUnion State relations
- BCreamy layer
- CFinance Commission
- DElections
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Q60. Original Jurisdiction of the Supreme Court is dealt under-
- AArticle 226
- BArticle 130
- CArticle 131
- DArticle 124
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Q61. Laws declared by the Supreme Court shall be binding on all Courts - mentioned under
- AArticle 142
- BArticle 143
- CArticle 136
- DArticle 141
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Q62. According to the theory of 'social utilitarianism' as propounded by Ihering-
- Agreatest number of people should get greatest pleasure
- Bthe essential body of legal rules is always based upon the social "facts" of law
- Ca balance is to be struck between the competing interests in society
- Dlaw is a means to social ends
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Q63. Obstructing Public Servant in discharge of his public functions is a
- Anon-bailable offence
- Bbailable offence
- Ccivil wrong
- Dnone of the above
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Q64. Compensation to Victims of Crime under Criminal Law relates to
- ASection 336
- BSection 331
- CSection 335
- DSection 357
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Q65. What persons may be charged jointly and tried together under Section 223 of CrPC.
- Apersons accused of the same offence committed in the course of the same transaction
- Bpersons accused of an offence and persons accused of abetment of or attempt to commit such offence
- Cpersons accused of different offences committed in the course of the same transaction
- Dall the above
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Q66. "Contravention of Contract Labour Act would not create employment relationship between contract labour and principal establishment." It was so held in which case
- ASAIL vs. National Union Waterfront Workers
- BAir India Statutory Corporations vs United Labour Union & Ors.
- CBangalore Water Supply and Sewerage Board vs. A. Rajappa
- DState of U. P. vs. Jai Bir Singh,
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Q67. The principal regulator envisaged under the Trade Unions Act, 1926-
- ARegulator of trade unions
- BInspector of trade unions
- CRegistrar of trade unions
- DIndustrial relations committee
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Q68. A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947: This was upheld in which case
- AMiss A. Sundarambal vs. Government of Goa, Daman and Diu & others
- BAhmedabad Pvt. Primary Teachers' Association vs. Administrative Officer And Ors.
- CUniversity of Delhi vs. Ramnath
- DSecretary, Madras Gym, khana Club Employees Union vs. Management of the Gymkhana.
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Q69. The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to a-
- APermanent partial disablement
- BPermanent total disablement
- CTemporary disablement
- DTemporary total disablement
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Q70. The contribution payable under the ESI Act in respect of an employee shall comprise of
- Acontribution payable by the employer only
- Bcontribution payable by the employee only
- Ccontribution payable by government only
- Dcontribution payable by employer and employee.
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Q71. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid off to claim for compensation
- ASection 25-O
- BSection 26
- CSection 25-C
- DSection 25-M
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Q72. Natural law is the idea that
- Athere are rational objective limits to the power of legislative rulers.
- Bthere are no limits to the power of legislative rulers.
- Cthere are limits to the power of the executive laid by the legislature
- DLaw is the command of the sovereign
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Q73. H.L.A. Hart's name is associated with the book.
- AProvince and Function of Law
- BThe Concept of Law
- CSocial Dimensions of Law
- DTheories of Social Change
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Q74. Section 9 of the Hindu Marriage Act, 1955 deals with
- ARestitution of Conjugal Rights
- BVoid Marriages
- CJudicial Separation
- DGrounds of Divorce
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Q75. Daughter is equated with the son references to joint family with property under
- AHindu Succession (Amendment) Act 2002
- BHindu Succession (Amendment) Act 1976
- CHindu Succession (Amendment) Act 1978
- DHindu Succession (Amendment) Act 2005
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Q76. Mubara'at under Muslim law refers to
- ADivorce at the instance of Wife
- BCruelty
- CDissolution of marriage with mutual consent
- DIla
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Q77. The discriminatory aspects of Section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the
- AIndian Divorce (Amendment) Act, 2001
- BIndian Divorce (Amendment) Act, 2002
- CIndian Divorce (Amendment) Act, 2006
- DIndian Divorce (Amendment) Act, 2012
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Q78. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the Tribunal for winding up of the company. The petition
- AIs liable to be dismissed
- Bwill succeed
- Cwill be kept pending till the conditions improve
- Dwill not be admitted.
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Q79. Amalgamation of Companies in National Interest is dealt under
- ASection 388 of the Companies Act
- BSection 378 of the Companies Act
- CSection 396 of the Companies Act
- DSection 390 of the Companies Act
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Q80. Under Section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than
- A21 days
- B30 days
- C40 days
- D14 days
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Q81. A private limited company limits the number of members to
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Q82. Contributory negligence means
- AThe failure by a person to use reasonable care for the safety of either of himself or his property
- BVolunteer to pay-for the negligence of others
- CContributing the money or money's worth for others wrongs
- DInciting others to commit civil wrong.
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Q83. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability.-Held in the case of
- AFrancis Coralie vs. State
- BShriram food and fertilizers case
- CPUCL vs. Union of India
- DState of Punjab vs. Mahinder Singh Chawla
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Q84. "A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation"- Whose Statement is this
- AWinfield
- BSalmond
- CPollock
- DGriffith
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Q85. Under Section 20 of the M.V. Act if a person is convicted of an offence punishable under Section 189 of the Motor Vehicles Act, the Court shall ordinarily order for
- AImposing penalty only
- BPunishment only
- CBoth punishment and penalty
- DDisqualification under the act
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Q86. Consumer Protection Act was brought into operation in the year
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Q87. Under Consumer Protection Act, the jurisdiction of the District Forum should not exceed rupees
- AFifty Thousands
- BTwenty Five Thousands
- COne Lakh
- DTwenty lakhs
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Q88. The Second principle of Rule of Law (of A.V. Dicey) relates to
- AEqual protection of the laws
- BEquality before law
- CDignity of the individual
- DAdministrative Courts
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Q89. If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be
- AMandamus
- BHabeas Corpus
- CQuo warranto
- DCertiorari
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Q90. A seven-member bench of the Supreme Court unanimously struck down Clause 2(d) of Article 323-A and Clause 3 (d) of Article 323-B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the Constitution. Name the case
- AL. Chandra Kumar vs. Union of India
- BKihota Hollohon vs. Zachilhu
- CNagaraj vs. State of A. P.
- DRajendra Singh Rana vs. Swami Prasad Maurya
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Q91. Accepting any other satisfaction than the performance originally agreed is known as
- Areciprocal agreement
- Breciprocal acceptance
- Creciprocal accord and satisfaction
- Daccord and satisfaction
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Q92. "Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it." In which case the principle was laid down:
- AClegg vs. Hands
- BKapur Chand vs. Himayat Ali Khan
- CFrost vs. Knight
- DHadley vs. Baxendale
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Q93. When a misrepresentation has been made, what are the alternative courses open to an aggrieved
- AHe can avoid or rescind the contract
- BHe can affirm the contract and insist on the misrepresentation being made
- CHe can rely upon the misrepresentation, as a defence to an action upon the contract
- DAll of the above
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Q94. A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was caused by........... Court considered the relationship between the parties to reach the decision.
- ACoercion
- BMisrepresentation
- CUndue influence
- DEstoppel
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Q95. "The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed." Whose statement is this?
- ALord Black
- BHenderson
- CAnson
- DSalmond
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Q96. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic.
- ABalfour vs. Balfour
- BDonoghue vs. Stevenson
- CDerry vs. Peek
- DBirch vs. Birch
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Q97. According to the Indian law in a lawful contract, consideration
- AMust move from promisee only
- BMay move from promisee or any other person
- CIs not necessary at all
- DNone of the above
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Q98. Raghav owes Murli Rs. 10,000/-. This debt is time barred by the Limitation Act. Even then Murli, promises in writing to pay Raghav Rs. 4,500/- on account of debt and signs the document. This contract is
- AEnforceable
- BUnenforceable
- CVoid
- DNone of the above
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Q99. An agency can be terminated by
- AAgreement between parties
- BBy renunciation by the agent
- CBy completion of business of agency
- DAll the above.
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Q100. Which type of loss are not covered by a contract of indemnity
- ALoss arising from accidents like fire or perils of the sea.
- BLoss caused by the promisor himself or by a third person
- CLoss arising by human agency
- DNone of the above
