AIBE 6 (VI) 2014 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. The Criminal Procedure Code ensures that
- APrinciple of separation of powers of each of the State is not breached
- BPrinciple of combined of powers of each limb of the State is not breached.
- C(1) and (2)
- DPrinciple of separation of powers of each limb of the State is breached.
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Q2. Section 6 of the Cr.P.C. defines?
- AClasses of Criminal Courts
- BClasses of District Courts
- CClasses of Municipal Courts
- DClasses of Civil Courts
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Q3. When an offence is bailable:
- AA person has no right to be released on bail upon arrest.
- BA person has a right to be released on bail upon arrest.
- CA right to be released is dependent on the exercise of judicial discretion.
- DA person shall be released within 24 hours.
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Q4. As per section 273 of Cr.P.C., how evidence is to be taken?
- AIn the presence of accused.
- BWhen personal attendance of the accused is dispensed with, in the presence of his pleader.
- CIn presence of police
- DBoth (1) and (2)
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Q5. If a woman sentenced to death is found to be pregnant, the High Court shall Order the execution of the sentence
- ATo be postponed.
- BIf thinks fit commute the sentence to imprisonment for life.
- CSent for medical assistance
- DNon- Judicial mandate of powers.
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Q6. Under which section of the Cr.P.C, the procedure when investigation cannot be completed within twenty-four hours has been described?
- ASec.165
- BSec.167
- CSec.166
- DSec.164
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Q7. What is provided by the Code of Criminal Procedure 1973?
- AThe Code provides the procedure for the implementation of the criminal justice system
- BIt provides the mechanism for the investigation in to trial of offences
- CThe code provides the procedure for the implementation of the civil justice system.
- D(1) and (2)
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Q8. As per section 2(c) a cognizable offence is
- AWhere a police officer may arrest without warrant.
- BWhere a police officer may not arrest without warrant
- CWhere a police officer may arrest with permission of a court
- DAny person in the public can arrest
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Q9. Section 100 of the Cr.P.C. refers to
- ASeizure
- BSearch
- CSummons
- DSearch-warrants
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Q10. Is there any maximum period for which an under-trial can be detained under Section 436. A of the Cr.P.C.,
- AYes, half of the Maximum period of imprisonment specified for that offence
- BNo period is prescribed
- CCourt can decide
- DMaximum 90 days
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Q11. Presumption of law is
- ADiscretionary and rebuttable
- BMandatory and rebuttable
- CMandatory and irrebuttable
- DAll of the above
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Q12. In Selvi's case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of
- AArt. 20(3) and Art. 21
- BArt. 21 and Art. 23(2)
- CArt 23 and Art. 21
- DArt. 20(2) and Art. 20(1)
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Q13. According to the Law Commission of India 69th Report, S.27 of the Indian Evidence Act is based on the
- ADoctrine of introspection
- BDoctrine of testimonial incrimination
- CDoctrine of confirmation
- DNone of the above
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Q14. S.99 of the Indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle
- APacta tertii nec nocent nec prosunt
- BPacta sunt servanda
- CAction personalis moriturcum persona
- DNone of the above
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Q15. Burden of proving that person is alive who has not been heard of for seven years is on whom
- AOne who denies it
- BOne who affirms it
- CAny third person / stranger
- DNone of the above
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Q16. The Court's discretion to permit leading questions is confined only to matters which are
- AIntroductory facts.
- BUndisputed facts
- CFacts already sufficiently proved to the satisfaction of the court
- DAll the above
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Q17. The question is whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder as committed, are relevant facts under
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Q18. S.93 of the Indian Evidence Act treats the patent ambiguity as
- ACurable
- BIncurable
- CProper
- DNone of the above
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Q19. A promise or set of promises forming consideration to each other - is known as
- AProposal
- BConsideration
- CAgreement
- DContract
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Q20. A past consideration under Indian Law
- AInvalid
- BValid
- CVoid
- DVoidable
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Q21. Caveat emptor means
- APurchaser beware
- BSeller beware
- CThings outside commerce
- DA warning letter
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Q22. Consensus ad idem means
- AGood faith
- BOpinion of third parties
- COpinion of the offeree
- DMeeting of the minds
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Q23. Agreement in restraint of marriage is
- AContingent contract
- BWager
- CVoid
- DValid
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Q24. A tells B, the shopkeeper, "Give Z the Goods, I will see you paid" - this contract is
- ABailment
- BAgency
- CGuarantee
- DIndemnity
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Q25. A contract to perform the promise or discharge the liability of a third person in case of his default is a contract of -
- AGuarantee
- BDefault
- CIndemnity
- DPartnership
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Q26. "He who does an act through another, does it himself" is a contract of
- ASale
- BPurchase
- CAgency
- DPartnership
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Q27. When at the desire of the promisor, the promise or any other person has done or abstained from doing something or does or abstains from doing something or promises to do or abstain from doing something, such act or abstinence or promise is called a
- AProposal
- BConsideration
- CAcceptance
- DAgreement
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Q28. X owes Y Rs.20, 000 but this debt is barred by Limitation Act. X executes a written promise to pay B Rs.15, 000 on account of debt. This is
- AInvalid
- BVoid
- CValid
- DVoidable
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Q29. When a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called
- AFictitious Bill
- BInchoate instrument
- CEscrow
- DClean Bill
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Q30. Which one of the following is a promissory note when A signs the instrument?
- AI promise to pay B or order Rs. 10,000/- on demand
- BMr. B. I. Owe. You. Rs. 10,000/-
- CI promise to pay B Rs. 10,000/- and such other sums which shall be due to him
- DI promise to pay B on his request Rs. 10,000/- on the death of X
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Q31. Transfer of Property Act applies to transfers
- ABy partition in a joint family
- BInter vivos
- CBoth between animate and inanimate objects
- DBetween living and non-living persons
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Q32. A transfer's 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. The interest so created for the benefit of the eldest son
- ADoes not take effect
- BTakes effect
- CPartially takes effect
- DNone of the above
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Q33. A transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability - is called
- ASale
- BGift
- CMortgage
- DLease
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Q34. A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a
- AOral agreement
- BWritten agreement
- CPartition
- DRegistered instrument
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Q35. Specific performance of contract can be ordered, at discretion of Court
- AWhen the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief
- BWhen the act agreed to be done is such that compensation in money for non-performance will give sufficient relief
- CContract, performance of which involves a continuous duty, which Court cannot supervise
- DSpecific performance of contract of personal nature cannot be ordered.
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Q36. Under Section 9 of Specific Relief Act, the person against whom the relief is claimed may plead by way of defense any ground which is available to him
- AUnder law of trots
- BUnder any law relating to contracts
- CUnder IPC
- DUnder Cr.P.C.
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Q37. The following contract cannot be specifically enforced
- AA contract the performance of which involves the performance of a continuous duty which the court cannot supervise.
- BA contract the performance of which involves the performance of a continuous duty which the court can supervise.
- CA Tort the discharge of which involves the performance of a continuous obligation
- DA contract for the non-performance of which compensation is not adequate relief
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Q38. A sells a TV to a minor, who pays for it by means of a cheque. A indorses that cheque to X. X takes it in good faith and for value. This Cheque was dishonoured on presentation. X can enforce payment of the cheque
- AAgainst Minor
- BAgainst Minor and A
- CAgainst A only
- DCannot enforce against any body
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Q39. Who has the authority to prescribed qualifications and disqualifications for membership of a Bar Council?
- AState Bar Councils
- BBar Council of India.
- CSupreme Court of India
- DSupreme Court Bar Association
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Q40. Indian Council of Legal Aid and Advise v. BCI case deals with the issue of
- APrescribing pre-enrolment training for advocates
- BPrescribing minimum qualification for an advocate
- CPrescribing uniform attire for the advocates appearing in the court of law
- DPrescribing age bar on enrolment of advocates
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Q41. For transfer of roll from one state to another, an application is made to the
- ABar Council of India
- BState Bar council where one is enrolled
- CState bar council where one seeks transfer
- DHigh court of the state where one is enrolled
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Q42. Which of the following committee's cannot be constituted by State Bar Council
- ASpecial Committee
- BDisciplinary Committee.
- CLegal Aid Committee
- DLegal Education Committee
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Q43. In which year by an amendment of the Code of Civil Procedure Sec.89 has been included in the code, which gives importance to mediation, conciliation and arbitration.
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Q44. Under THE ARBITRATION AND CONCILIATION ACT an arbitration agreement may be in the form of
- Aan arbitration clause in a contract only
- Bin the form of a separate agreement only
- Can arbitration clause in a contract or in the form of a separate agreement
- Dcommercial custom
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Q45. A decision by the arbitral tribunal that the contract is null and void shall
- AEntail ipso jure the invalidity of the arbitration clause.
- BNot entail ipso jure the invalidity of the arbitration clause.
- CEntail defacto invalidity of the arbitration clause.
- DNone of the above
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Q46. The arbitral tribunal shall not be bound by the
- ACode of Civil Procedure, 1908 or the Indian Evidence Act, 1872
- BThe Indian Evidence Act, 1872.
- CCode of Civil Procedure, 1908.
- DNone of the above
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Q47. Claim made by the defendant in a suit against the plaintiff
- ACross claim
- BCross suit
- CCounter claim
- DCross decree
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Q48. Interpleader suit is dealt with in which of the following sections of C.P.C.?
- ASection 87
- BSection 88
- CSection 89
- DSection 90
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Q49. As required by S.80 C.P.C, the suit can be instituted after the expiry of----- of notice
- A1 month
- B2 months
- C60 days
- D30 days
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Q50. Under S.2 (2) of C.PC. Rejection of a plaint is
- ADecree
- BDeemed decree
- CCross decree
- DCross appeal
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Q51. Ratilal v. State of Bombay is a popular case on the point of
- ARes judicata
- BRes sub-judice
- CRestitution
- DDoctrine of Cy-pres
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Q52. Pick out the case u/S. 58 (1-A), in which arrest or detention in civil prison is not maintainable.
- AA judgment debtor, where decretal amount does not exceed Rs. 5,000/-
- BA judgment debtor where decretal amount is does not exceed Rs.2,500-
- CA judgment debtor where decretal amount is does not exceed Rs.2000/-
- DA judgment debtor where decretal amount is does not exceed Rs.1,000/-
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Q53. A precept seeks to................. of the judgement debtor.
- AAttach the property
- BPrevent alienation of property
- CPrevent attachment and alienation
- DNone of the above.
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Q54. R.90 of Order 21 deals with
- APre-sale illegalities committed in the execution
- BPost-sale irregularities causing substantial injury to judgment debtor
- CBoth a and b
- DNone of the above.
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Q55. The place of suing in a suit for partition will be
- ACourt within whose jurisdiction the person is residing
- BCourt within whose jurisdiction the elder person of the family resides
- CCourt within whose jurisdiction the entire property of the family is situated.
- DCourt within whose jurisdiction the immovable property is situated
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Q56. Appeal against a decree or order can be filed in a High Court within
- A60 days
- B30 days
- C90 days
- D91 days
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Q57. Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability,
- Aa fresh period of limitation shall be computed from the time when the acknowledgement was so signed.
- Blimitation shall be computed from the time when originally the signature has been given
- Ca fresh period of limitation shall not be computed from the time when the acknowledgement was so signed.
- DNone of the above
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Q58. The period of limitation for an action by a principal against his agent for movable property received by the latter and not accounted for is
- A12 years
- B3 years
- C5 years
- DNo limitation
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Q59. Which of following is a ground recognized under the Companies Act for automatic adjournment of the General Meeting.
- AAbsence of Chairman of the meeting
- BQuorum of the meeting is not present
- CMeeting is held at a place different from what was prescribed in the notice
- DDeath of any of the directors prior to the meeting
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Q60. Which of the following meetings can be called by members
- AExtra-ordinary General Meeting
- BAnnual General Meeting
- CStatutory meeting
- DSpecial meeting
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Q61. Which of the following powers can be exercised by the Board of Directors without holding a meeting
- APower to issue debentures
- BPower to invest funds of the company
- CPower to make loans
- DPower to appoint of additional director
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Q62. Which of following is not a ground for compulsory winding up of a company
- AOppression of minority
- BLoss of substratum
- CNon-holding of annual general meeting
- DLosses to the company
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Q63. Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion is dealt under
- ASection 385 IPC
- BSection 386 IPC
- CSection 387 IPC
- DSection 388 IPC
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Q64. F invited C to have a fix of his heroin. Each filled his own syringe and injected each other several times one night. Next morning F died on the question of causation:
- AC must be convicted of manslaughter
- Bmust not be convicted of manslaughter
- CC can be convicted for the possession of heroin only
- DC is neither guilty of possessing heroin nor the death of F
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Q65. Literally, mens rea means
- AGuilty mind
- BGuilty or a wrongful purpose
- CCriminal intent, a guilty knowledge and wilfulness
- DAll of the above
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Q66. In which of the following cases mens rea is not an essential ingredient for offences under:
- ARevenue Acts.
- BPublic Nuisance
- CCriminal case which are in summary mode
- DAll of these
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Q67. Actus non facit reum, nisi mens sit rea means?
- AA deed, a material result of human conduct
- BThe intent and act must both concur to constitute the crime.
- CPutting to death
- DUn commended manner
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Q68. Cheating and thereby dishonesty inducing delivery of property, or the making alteration. or destruction of a valuable security is dealt under
- ASection 417 IPC
- BSection 418 IPC
- CSection 419 IPC
- DSection 420 IPC
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Q69. Etymologically what is meant by Jurisprudence?
- AKnowledge of law
- BScience of law
- CScience of origin
- DKnowledge of origin
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Q70. What is meant by the term 'General Law"?
- AIt consists of general ordinary law of the land.
- BIt consists of those legal rules which are taken judicial notice of by the court
- CIt consists of those bodies and legal rules which are exceptional in nature.
- D(1) and (2)
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Q71. According to the theory of 'social utilitarianism' as propounded by Inhering:
- 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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Q72. A is the mother of B. She becomes a widow and re-marries. B dies. Can A succeed to him as mother? (Both are Hindus)
- ANo
- BYes
- CDepends on their School
- DOnly when B has no sons
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Q73. Referring to Section 6 of Hindu Minority and Guardianship Act the Supreme Court observed that the words "after him" does not mean 'after the life time of the father'. Indeed, it means 'in the absence of'. If the father is non-functional as guardian for various reasons like indifference, physical or mental incapacity, away from the place where the child lives with the mother, by mutual understanding, it may be treated as the 'absence' of the father. In which case?
- ALily Thomas case
- BSarla Mudgal case
- CGitha Hariharan case
- DGoverdhan Lal case
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Q74. By a recent amendment the daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son Which Amendment?
- AThe Hindu Succession (Amendment) Act, 2004
- BThe Hindu Succession (Amendment) Act, 2005
- CThe Hindu Succession (Amendment) Act, 2006
- DThe Hindu Succession (Amendment) Act, 2012
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Q75. Shamim Ara v State of U.P. relates to
- AThe condition precedent for a Muslim husband for rendering divorce is the pronouncement of divorce which has to be proved on evidence
- BOption of puberty
- CGuardianship in Marriage
- DDower
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Q76. The provision under the Industrial Disputes Act, 1947 which guarantees the right of workmen laid- off to claim for compensation
- AS.25-C
- BS. 26
- CS.25-0
- DS.25-A
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Q77. The number of persons required to form trade union
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Q78. The temporary closing of the work place or suspension of the work at work place by the employer is known as
- ALay off
- BLock out
- CRetrenchment
- DNone of the above
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Q79. Which of the following acts has a direct relevance for grievance handling practices?
- AThe Industrial Disputes Act
- BFactories Act
- CThe Industrial Employment (Standing Order) Act
- Dall the above
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Q80. Section 10A of the Industrial disputes Act refers to
- AVoluntary reference of disputes to arbitration
- BDefinition of Workman
- CDefinition of industry
- DAppeals
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Q81. 'Wages' under Workmen's Compensation Act
- AIncludes any privilege or benefit which is capable of being estimated in money
- BDoes not include any privilege or benefit which is capable of being estimated in money
- CIncludes any privilege or benefit which is not capable of being estimated in money
- DNone of the above
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Q82. Writ of Certiorari is issued against
- ALower courts or quasi-judicial bodies
- BPublic Officials
- CWrongful confinement
- DUsurpation of public office
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Q83. Audi Alteram Partem - means
- ABias
- BHear the other side
- CNo one can be a judge in his own case
- DNone of the above
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Q84. The Second Administrative Reforms Commission is constituted
- A31st August 2004
- B31st August 2006
- C31st August 2005
- D31st August 2007
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Q85. The type of damages awarded in the law of torts
- ALiquidated Damages
- BUnliquidated damages
- CPenal damages
- DExemplary damages
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Q86. Ashby v White is an example of
- ADamnum sine injuria
- BUberremifide
- CInjuria sine damnum
- DUsufruct
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Q87. The Supreme Court of India invoked the principle of absolute liability on an enterprise carrying on business with hazardous and inherently dangerous toxic chemicals in
- AGanga Pollution case
- BFletcher case
- CSri Ram Fertilizers case
- DPrabhu dayal case
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Q88. Res ipsa loquitor - means
- AThings speak for themselves
- BTithes imperiled
- CVicarious liability
- DDangerous animals
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Q89. A motor cycle with engine capacity not exceeding 50cc may be driven in a public place by a person
- Aafter attaining the age of sixteen years
- Bafter attaining the age of eighteen years
- Cafter attaining the age of fifteen years
- Dafter attaining the age of twenty-one years
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Q90. According to Consumer protection Act, the National Commission shall have jurisdiction over complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees
- A2 lakhs
- B10 lakhs
- C20 lakhs
- D50 lakhs
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Q91. New states are created under
- AArt. 3 of the Indian Constitution
- BArt. 4 of the Indian Constitution
- CArt.5 of the Indian Constitution
- DArt. 370 of the Indian Constitution
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Q92. Doctrine of pleasure with reference to civil servants is mentioned under
- AArt. 311 of the Indian Constitution
- BArt. 308 of the Indian Constitution
- CArt. 301 of the Indian Constitution
- DArt. 310 of the Indian Constitution
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Q93. Right to know flows from one of these Articles of the Constitution
- AArt. 15
- BArt. 19
- CArt. 20
- DArt.23
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Q94. Freedom of trade, commerce and intercourse throughout the territory of India - is mentioned under
- AArt. 19(1)(g)
- BArt. 300-A
- CArt. 301
- DArt. 299
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Q95. Passive euthanasia under certain circumstance is permissible - held in the case of
- AAruna Ramachandra Shanbaug Vs. Union of India
- BGian Kaur Vs State of Punjab
- CState of Maharashtra Vs. Maruty Sripaty Dubal
- DP. Rathinam Vs Union of India
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Q96. It was held by the Supreme Court that the balance between Fundamental Rights and Directive Principles of State Policy is the bedrock and the basic structure of the constitution in which case?
- AKeshavanada Bharathi v State of Kerala
- BMinerva Mills Vs. UOI
- CIndira Nehru Gandhi v Rajnarain
- DKihota Hollohon v. Zachilhu
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Q97. K. C. Gajapati Narayan Deo v. State of Orissa, is often quoted with reference to
- ADoctrine of Eclipse
- BDoctrine of severability
- CDoctrine of colorable legislation
- DDoctrine of territorial nexus
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Q98. Raja Ram Pal v. Hon'ble Speaker, Lok Sabha deals with
- APresidents' election
- BPrivileges of the legislature
- CPardoning power
- DOffice of profit
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Q99. Under Art. 1 of the Constitution, India that is Bharat shall be
- AFederation of states
- BUnion of states
- CDemocratic republic
- DQuasi federal
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Q100. A Minister ceases to hold office if he does not become a member of the Legislature within six months is mentioned under
- AArt. 164 (4)
- BArt. 164(1)
- CArt. 164(2)
- DArt. 164 (3)
