AIBE 7 (VII) 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. Rashtriya Swasthya Bima Yojna is mainly meant to serve the needs of
- AOrganised workers
- BUnorganised workers
- CUnorganized sector workers belonging to BPL category and their family members
- DOrganized sector workers belonging to BPL category and their family members
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Q2. Equal pay for equal work for both men and women is proclaimed under ---------- of the Constitution of India
- AArticle 39(a)
- BArticle 39(d)
- CArticle 39(b)
- DArticle 39(c)
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Q3. Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year
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Q4. ---------- was a leading case on the point as to whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go slow
- ABank of India v. T.S. Kelawala and others
- BRandhirsingh v. Union of India
- CKamani Metals and Alloys Ltd. v. Their workmen
- DWorkmen v. Reptakos Brett and Co. Ltd
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Q5. Under the Industrial Disputes Act, if the employer terminates the services of an individual workman, any dispute / difference arising out of such termination shall be deemed to be:
- AIndustrial dispute
- BIndividual dispute
- CBoth individual and industrial dispute
- DNone of these
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Q6. Gloucstershire grammar School Case is a leading case to explain the
- AVolenti non fit injuria
- BInjuria non fit volenti
- CDamnum sine injuria
- DInjuria sine damnum
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Q7. Right to freedom to acquire, hold and dispose-off property is abolished by
- A44th Amendment Act, 1978
- B43rd Amendment Act, 1976
- C50th Amendment Act, 1950
- D1st Amendment Act, 1951
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Q8. Which one of the following is covered under the definition of State
- AThe Indian Statistical Institute
- BIndian Council of Agricultural Research
- CSainik School Society
- DNCERT
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Q9. National Conservation Strategy and Policy Statement on Environment and Development is a major environmental policy in India and it was passed in the year
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Q10. ---------- of the Environmental Protection Act, 1986 defines "Environment"
- ASection 2(a)
- BSection 3(a)
- CSection 1(a)
- DSection 11(a)
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Q11. Polluter Pays Principle means
- APolluter should bear the cost of pollution as the polluter is responsible for pollution
- BPolluter should not necessarily bear the cost of pollution as the polluter may not be responsible for pollution
- CPolluter may bear the cost of pollution as the polluter may be responsible for pollution
- DNone of the above
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Q12. "Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to pay damages (compensation) for restoration of the environment. He has also to pay damages to those who have suffered loss on account of the act of the offender. Further, the offender can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner. However, the court cannot impose any pollution fine in absence of any trial and finding of guilty under the relevant statutory provisions." This observation was made in
- AM.C. Mehta v. Kamal Nath
- BCalcutta Tanneries Case
- CM.C. Mehta v. UOI
- DA.P. Pollution Control Board v. M.V. Nayudu
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Q13. India became a party to the International Convention on Biological Diversity in
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Q14. "A", a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by "B" and "C" adversely to each other. "A" can institute
- AAn application to decide the same
- BAn interpleader suit
- CFriendly suit
- DNone of the above
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Q15. As per the provisions of the Criminal Procedure Code, the word "inspection" used in Section 93(1)(c) refers to
- AThings or documents
- BDocuments only
- CLocality and place
- DNone of the above
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Q16. Statement recorded during investigation under Section 161 of Cr.P. C can be used during trial for
- ACorroborating the witness
- BContradicting the witness
- CBoth A and B
- DNeither A nor B
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Q17. "If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of a minor offence, if the facts established indicate that such minor offence has been committed." It was so upheld in which case
- ASangarabonia Sreenu v. State of Andhra Pradesh
- BState of Himachal Pradesh v. Tara Dutta
- CShamsher Singh v.State of Punjab
- DNalini v. State of Tamil Nadu
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Q18. 'Ex dolo malo oritur actio' is
- AAn action arose only when a right infringes
- BAn action could not prevent a legal right
- CNo action on an immoral act
- DNone of the above
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Q19. The Jural correlative of immunity is
- APower
- BDisability
- CNo claim
- DClaim
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Q20. Who defines "eternal law as, the divine order or will of God which requires the preservation of natural order and forbids the breach of it.":
- AAmbrose
- BAugustine
- CGregory
- DAll the above
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Q21. 'Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.' Who stated so?
- AThomas Paine
- BGregory Peck
- CJefferson
- DDicey
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Q22. The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication under
- AArticle 39(a) and 39(b)
- BArticle 323-A and 323-B
- CArticle 368
- DArticle 202A and 202B
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Q23. Nemojudexin causasua meaning No man shall be a judge in his own cause was: first stated by ---------- in Dr. Bonhams Case
- ALord Grey
- BLord Heward
- CLord Coke
- DLord Moulton
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Q24. General power of the Bar Council of India to make rules is envisaged under which Section of the Advocates Act, 1961?
- ASection 48
- BSection 49
- CSection II-2
- DSection IV-A
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Q25. Seven lamps of advocacy is attributable to
- AJustice Abbot Parry
- BJustice Heward
- CJustice Bhagawathy
- DJustice Grey
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Q26. Which Section under the Advocates Act,1961 speaks of disciplinary powers of the Bar Council of India
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Q27. Section ---------- of the Advocates Act, 1961 speaks about constitution of Legal Aid Committees
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Q28. Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of ----------, which is the prominent provision that discusses jurisdiction of civil courts in applying Alternate Dispute Resolution mechanisms
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Q29. In which case the Supreme Court held that Part I of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties
- ABhatia International v. Bulk Trading S.A.
- BUnited India Ins. Co. Ltd v. Associated Transport Corpn. Ltd:
- CHakam Singh v. Gammon (India) Ltd.
- DAjmera Brothers v. Suraj Naresh Kumar Jain
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Q30. Establishment of Permanent Lok Adalats is envisaged under Section ---------- of the Legal Services Authority Act of 1987
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Q31. Evidence to document unmeaning in reference to existing facts is called as
- APatent ambiguity
- BLatent ambiguity
- CBoth of them
- DNone of the above
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Q32. Original document is the best evidence. Exception to this rule is contained in
- AIndian Evidence Act
- BCriminal Procedure Code
- CBankers Book Evidence Act
- DNone of these
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Q33. Doctrine of election is based on the foundation that a person taking the benefit of an instrument must
- ANot bear the burden
- BBurden is not the subject of election
- CBurden is the subject of election
- DBear the burden
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Q34. Period of limitation for execution of the order of maintenance is ---------- from the date on which it becomes due
- A1 year
- B5 years
- C9 years
- D15 years
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Q35. Identify the correct order in which the following law making treaties are concluded: 1. The Vienna Convention on Consular Relations. 2. The General Agreement on Tariffs and Trade. 3. The Declaration of Paris. Select the correct answer from the codes given below
- A1,3,2
- B3,2,1
- C2,1,3
- D1,2,3
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Q36. Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?
- AThe Drago doctrine
- BRight of asylum
- CDoctrine of equality
- DPacta Sunt Servanda
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Q37. General Assembly adopted the definition of word Aggression through
- AResolution 3314 XXIX, 1974
- BResolution 3312 XXXIX, 1973
- CResolution 2213, 1982
- DNone of the above
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Q38. The admission of a new political entity into the United Nations can be termed as
- AExpress recognition
- BConditional recognition
- CCollective recognition
- DDe-facto recognition
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Q39. "A State is and becomes an international person through recognition only and exclusively." Who stated this?
- AL. Oppenheim
- BHobbes
- CFenwick
- DStarke
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Q40. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-commerce in
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Q41. Section ---------- of the Information Technology Act, 2000, which was originally "Digital Signature", was renamed in the Information Technology (Amendment) Act, 2008 as
- A"Digital Signature and Electronic Signature"
- B"Digital Signature and E- Signature"
- C"Digital and Electronic Signature"
- DNone of the above
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Q42. Which among the following are the digital signature certifying authorities in India?
- AM/s. Safescript
- BM/s. NCERT
- CM/s. MTNL
- DAll the above
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Q43. Section 43 of the Information Technology Act deals with
- ACriminal liability
- BCivil liability
- CBoth the above
- DNone of the above
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Q44. "Where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected." Which section of the Information Technology Amendment Act, 2008 envisages so?
- ASection 43
- BSection 43A
- CSection 43B
- DSection 43C
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Q45. R obtained a sum of Rs. 50,000/- from D by putting D in fear of death. Here R commits
- AExtortion
- BCheating
- CMischief
- DRobbery
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Q46. What is the period of limitation to file a suit for compensation for false imprisonment?
- A2 years
- B3 years
- C12 years
- D1 year
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Q47. As per Section 19 of the Limitation Act, 1963, if any payment is made on account of a debt before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf, a fresh period of limitation starts running from
- ATime when suit was filed
- BWhen the payment was made
- CWhen the creditor demands
- DNone of the above
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Q48. Under the Companies Act, 2013, any company having a net worth of rupees 500 crore or more or a turnover of rupees 1,000 crore or more or a net profit of rupees 5 crore or more should mandatorily spend ---------- of their net profits per fiscal on Corporate Social Responsibility activities
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Q49. The ---------- Guidelines constitute one of the most comprehensive CSR tools available to companies.
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Q50. Conditions of Hindu Marriage have been laid down under ---------- of the Hindu Marriage Act
- ASection 9
- BSection 10
- CSection 5
- DSection 13
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Q51. The Hindu Succession (Amendment) Act, 2005
- AAllows daughters of the deceased equal rights with daughter
- BAllows sons of the deceased equal rights with widows
- CAllows daughters of the deceased equal rights with wife
- DAllows daughters of the deceased equal rights with sons
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Q52. The Fuller / Hart debate could be summarized as a debate between which two jurisprudential approaches / positions
- APositivism and utilitarianism
- BNatural Law and Positivism
- CPositivism and Liberalism
- DMarxism and liberal feminism
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Q53. In bailment, if the goods are lent free of cost to the bailee for his use, it is known as bailment by
- ADeposition
- BPledge
- CCommodation
- DNone of the above
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Q54. Where the proposal and acceptance is through letters, the contract is made at the place where
- AThe acceptance is received
- BThe letter of acceptance is posted
- CBoth the above answers
- DNone of the above
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Q55. The surety stands discharged by
- ADeath
- BRevocation
- CVariance in the terms of the contract without his consent
- DNone of the above
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Q56. All contracts which are unlawful and void are known as
- AIllegal contracts
- BNugatory contracts
- CVoidable contracts
- DNone of the above
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Q57. Section ---------- of the Negotiable Instruments Act deals with "noting"
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Q58. Cancellation of crossing is also called
- AMarking
- BOpening of crossing
- CCancellation
- DNone of the above
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Q59. Negotiable claim issued by a bank in return for a term deposit is called
- AShare certificate
- BCertificate of incorporation
- CCertificate of deposit
- DTerm deposit
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Q60. Wager relate with
- APresent event
- BPast event
- CFuture event
- DAny of the above
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Q61. In the judgment of the Supreme Court in Salem Bar Association v. Union of India, the Supreme Court had requested this committee headed by ---------- to prepare a case management formula
- AJustice.Bhagwathi
- BJustice Muralidhar
- CJustice.Raveendran
- DJustice Jagannandha Rao
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Q62. The 2013 Companies Act has increased the limit of the number of members in a private company from 50 to
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Q63. The Standards on Auditing have been accorded legal sanctity in the 2013 Act and would be subject to notification by the
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Q64. Qui facit per alium facit per se, means
- Aact of an agent is the act of principal
- Bact of an agent is not an act of principal
- Cprincipal and agent are liable jointly
- Dagent must not act in contravention of the act of principal
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Q65. The concept of "privity of contract" was rejected in
- AWinterbottom v. Wright
- BDonoghue v. Stevenson
- CLongmeid v. Holiday
- DHeaven v. Pender
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Q66. ---------- is observed as the World Consumer Rights Day
- A15th of March
- B16th of March
- C12th of March
- D11th of March
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Q67. Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases
- ABhatia International v. Bulk Trading S.A.
- BIndian Medical Association v. V.P. Shantha and Ors
- CManekha Gandhi v. Union of India
- DLucknow Development Authority v. M.K. Gupta
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Q68. Renewal of driving licenses is envisaged under Section ---------- of the Motor Vehicles Act, 1988.
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Q69. Section 82 IPC is an illustration for
- APresumption of fact
- BPresumption of law
- CPresumption of fact and presumption of law
- DNone of the above
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Q70. Meaning of Nemo moriturus praesumuntur mentiri
- AA dying man can never speak truth
- BA dying man can never speak falsehood
- CA dying man can speak truth
- DA dying man may not speak falsehood
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Q71. If a court lower than the Sessions Court tries a murder case, that court is called as
- ACoram sub judice
- BCoram non judice
- CCoram non subjudice
- DCoram judice
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Q72. SFIO stands for
- ASerious Fraud Investigation Office
- BSerious Force Institution Office
- CSerious Form Investigation Office
- DSerious File Investigation Office;
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Q73. Which provision of the Companies Act, 2013 discusses about the issue of bonus shares out of its free reserves or the securities premium account or the capital redemption reserve account, subject to the compliance with certain conditions such as authorization by the articles, approval in the general meeting?
- ASection 36
- BSection 43
- CSection 63
- DSection 33
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Q74. The question whether Fundamental Rights can be amended under Article 368 came for consideration for the first time in
- AShankari Prasad v. Union of India
- BKeshavananda Bharati v. Union of India
- CGolak Nath v. State of Punjab
- DNone of the above
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Q75. A law which violates fundamental rights is not a nullity or void ab initio but becomes only unenforceable. This doctrine is called
- ADoctrine of severability '
- BDoctrine of 3 points
- CTornado doctrine
- DDoctrine of eclipse
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Q76. Equality of opportunity admits discrimination with reasons. It was observed by the apex court in
- AState of Kerala v. N.M. Thomas
- BIndira Sawhney v. Union of India
- CAIR India v. Nargesh Mirza
- DAll the above
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Q77. An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than
- A6 months
- B1 year
- C2 years
- D3 years
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Q78. Section 167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice versa. This alteration can be done during the period of first
- A15 days
- B16 days
- C14 days
- D12 days
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Q79. Under which provision of the Code of Criminal Procedure is it mandatory for a police officer to inform the person arrested of the grounds of arrest and the right of bail if the offence is not non-bailable?
- ASection 150
- BSection 105
- CSection 50
- DSection 510
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Q80. Section 41B was inserted into the Criminal Procedure Code on the basis of which among the following decisions?
- ANandiniSatpathy v.PL Dhani
- BSunil Batra v. Delhi Administration
- CPrem Shankar Shukla vv. Delhi Administration
- DD.K.Basu v. State of West Bengal
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Q81. Civil Surgeon shall refer unsound minded person to a clinical psychologist / psychiatrist. However, by virtue of Section ---------- the aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College
- A328
- B328(1-A)
- C328(2)
- D346
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Q82. What are the remedies open to the party aggrieved in a suit on contracts?
- ASpecific performance and injunction
- BSpecific performance and damages
- CSpecific performance only
- DAll the above
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Q83. "A" resides at Delhi, and "B" at Agra. B borrows Rs. 20,000 from A at Benares and passes a promissory note to A payable at Benares. B fails to repay the loan. A may sue B at
- ABenares or Agra
- BBenares only
- CAgra only
- DBenares, Agra and Delhi
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Q84. The general principle of waiver that provides that failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent stage and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code
- ASection 15
- BSection 16
- CSection 51
- DSection 21
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Q85. "Act of Court can do no wrong to any person". Which concept relates to this ideology
- APrecept
- BCaveat
- CRestitution
- DInjunction
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Q86. Rabindra Kumar Pal @ Dara Singh v. Republic of India, a famous case under Section 30 of the Evidence Act, is also well-known as
- AGraham Stains Murder case
- BGraham Bells Murder case
- CGraham Street's Murder case
- DGraham Stoits Murder case
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Q87. Statement by a person who is dead is a relevant fact under ---------- of the Indian Evidence Act
- ASection 32(3)
- BSection 32(4)
- CSection 32(5)
- DSection 32(6)
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Q88. A charge-sheet filed under Section 173 of Cr.P.C. is an example of
- APublic document
- BPrivate document
- CPatent document
- DLatent document
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Q89. Procedure of investigation of criminal cases under the Criminal Procedure Code is contained in Chapter
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Q90. Frost v. Knight is a leading case on
- ASection 32
- BSection 33
- CSection 34
- DSection 35
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Q91. Which among the following is a law based on equity?
- AIndian Contract Act, 1872
- BIndian Penal Code, 1860
- CIndian Partnership Act, 1932
- DSpecific Relief Act, 1963
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Q92. Which section of the Specific Relief Act describes temporary injunction?
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Q93. The maintenance amount which can be transferred is
- AFuture maintenance
- BRight to future maintenance
- CArrears of maintenance up to a certain date
- DNone of the above
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Q94. The maximum period during which property can be tied up is
- AOnly 15 years
- BOne or more life or lives in being at the date of transfer and the minority of an unborn person
- CDuring the lifetime of the transferor and the minority period of an unborn person
- DNone of the above
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Q95. Whoever causes bodily pain, disease or infirmity to any person is said to have inflicted ---------- on the victim
- AGrievous hurt
- BHurt
- CAssault
- DNone of the above
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Q96. Personation at Election is an offence under Section ---------- of the Indian Penal Code
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Q97. Raman, having found a key of Raju's house which Raju had lost, commits house trespass by entering Raju's house after opening the door with that key. Raman has committed the offence of
- AHouse trespass
- BCriminal trespass
- CHouse breaking
- DNone of these
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Q98. ---------- defined crime as "a violation of public rights and duties due to the whole community considered as community"
- ABlackstone
- BJustice Bhagwati
- CV.R. Krishna Iyer
- DLord Heward
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Q99. Who among the following is not a 'public servant'?
- ALiquidator
- BA Civil Judge
- CSecretary of a Co-operative Society
- DNone of these
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Q100. The Sampoorna Grameen Rozgar Yojana (Universal Rural Employment Programme) was launched in 2001 and was implemented through
- ALabour offices
- BGovernment
- CPanchayati Raj Institutions
- DAll the above
