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AIBE 8 (VIII) 2015 Set A

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Paper AIBE VIII 2015 Set A Section All questions (100) Marks +1 each, no negative marking AIBE XXII (22) in 42 days Locked

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AIBE 8 (VIII) 2015 question paper, Set A: all 100 questions

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  1. Q1. "Mere illegality of the strike does not per se spell unjustifiability". J. Krishna Iyer. In which case declared so -

    • AChandramalai Estate vs. Its workmen
    • BAssociated Cement Ltd. vs. Their workmen
    • CGujarat Steel Tubes vs. Gujarat Steel Tubes Mazdoor Sabha
    • DIndian General Navigation of Railway Co. Ltd. vs. Their workmen

  2. Q2. Entry No. 22 of the Concurrent List deals with-

    • ASocial security and insurance, employment and unemployment
    • BIndustrial disputes concerning Union employees
    • CTrade unions and industrial and labour disputes
    • DRegulation of labour and safety in mines and oil fields

  3. Q3. Which Article under the Constitution of India talks about the participation of workers in the management of Industries?

    • A43
    • B43A
    • C43B
    • D42

  4. Q4. Pick out the case that is popularly called as the Solicitor's Case.

    • AAhmedabad Textile Industry's Research Association vs. State of Bombay
    • BNational Union of Commercial Employees vs. Industrial Tribunal Bombay
    • CSalem Advocates Bar Association vs. Union of India
    • DCentral Machine Tools Institute vs. Dy. Registrar of Trade Unions

  5. Q5. Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions.

    • AJay Engineering Works Ltd. vs. State of West Bengal
    • BRailway Union vs. Registrar of Trade Unions
    • CONGC Workmens Association vs. State of West Bengal
    • DHanumantha Rao vs. Dy. Registrar of Trade Unions

  6. Q6. In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable-

    • APossession of certain animals and abnormally dangerous activities
    • BAssault and battery
    • CBattery and negligence
    • DNone of the above

  7. Q7. Selvi's daughter Kavita had married Shivakumar of a different caste against the wishes of her family. Shivakumar was brutally killed in 2004, and Selvi and two others became the suspects. Since the prosecution's case depended entirely on circumstantial evidence, it sought the Court's permission to conduct polygraphy and brain-mapping tests on the three persons. The Court granted permission and the tests were conducted. When the results of the polygraphy test indicated signs of deception, the prosecution sought the Court's permission to perform narcoanalysis on the three persons. The Magistrate directed the three to undergo narcoanalysis. All of them challenged this decision in the Karnataka High Court, but failed to get relief. They then went in appeal to the Supreme Court. The Court held

    • ACompulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(3) and 21 of the Constitution.
    • BCompulsory brain-mapping and polygraph tests and narcoanalysis were valid under Articles 20(3) and 21 of the Constitution.
    • CCompulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(1) and 21 of the Constitution.
    • DCompulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 14 and 21 of the Constitution

  8. Q8. According to Article 71 Disputes arising in connection with the elections of a President or Vice- President are to be enquired into and decided by

    • AThe Supreme Court
    • BHigh Court
    • CBoth by High Court and Supreme Court.
    • DTribunal established for that purpose.

  9. Q9. The Water (Prevention and Control of Pollution) Act, 1974 regulates

    • AThe discharge of hazardous pollutants into the nation's surface water.
    • BThe emission of hazardous air pollutants.
    • CWaste disposal of sea.
    • DThe transportation of hazardous materials.

  10. Q10. It was held by the Supreme Court that noise pollution beyond permissible limits cannot be tolerated, even if such noise was a direct result of and was connected with religious activities in the case of

    • AVellore Citizens Welfare Forum vs. Union of India
    • BChurch of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association
    • CRural Enlightenment Kendra vs. Union of India
    • DNarmada Bachao Andolan vs. Union of India

  11. Q11. The Supreme Court observed, 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. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise. Name the case.

    • ASubhash Kumar vs. State of Bihar, 1991
    • BRural Litigation and Entitlement Kendra vs. State of U.P., 1985
    • CM.C. Mehta vs. Union of India, 1986
    • DUnion Carbide vs. Union of India, 1984.

  12. Q12. Article 48-A and Article 51-A (g) were inserted in the Constitution by-

    • AThe Constitution (42nd Amendment) Act, 1978
    • BThe Constitution (42nd Amendment) Act, 1976
    • CThe Constitution (43rd Amendment) Act, 1978
    • DThe Constitution (44th Amendment) Act, 1978

  13. Q13. According to Environmental (Protection) Act of 1986 "environmental pollutant" means-

    • Aany solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment
    • Bany substance present in such concentration as may be, or tend to be, injurious to environment
    • Cany solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to a person
    • Dany solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the society

  14. Q14. A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute suit

    • AFriendly suit
    • BCaveat
    • CInterpleader
    • DRestitution.

  15. Q15. An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than-

    • A6 months
    • B3 months
    • C1 year
    • D3 years

  16. Q16. The police officer executing the warrant may use adequate force to access the place where search is to be conducted when-

    • AA free ingress is not possible
    • BThe occupant of the place is a hardened criminal and there is possibility to escape
    • CThe area is in such a nature that problem may arise at any time
    • DNone of these

  17. Q17. As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of-

    • AThe complaint case
    • BThe case instituted on the police report
    • CBoth as per the convenience during the trial
    • DNone of these

  18. Q18. Peek vs. Gurney is a famous case relating to -

    • AMistake
    • BMisrepresentation
    • CFraud
    • DFrustration of contract

  19. Q19. Law is conceived as a form of the power value- conceived by

    • ABentham and Austin
    • BHart
    • CC Lasswell and McDougal
    • DKarl Olivecrona

  20. Q20. The development of the tradition of natural justice into one of natural law is usually attributed to the

    • AStoics
    • BPositivists
    • CHistorical School
    • DAnalytical School

  21. Q21. The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in-

    • AS.N. Mukherjee vs. Union of India
    • BState of Orissa vs. Dr. Binapani Dei
    • CState of Maharashtra vs. Jalgaon Municipal Council
    • DMotilal Padampat Sugar Mills Co. Ltd. vs. State of U.P

  22. Q22. Donoughmore Committee Report on Minister's Powers, 1932, relates to

    • AEngland
    • BAustralia
    • CU.S.A
    • DNone of the above

  23. Q23. Section 47 (3) Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.

    • AThis is a judicial function, as the Authority's decision is based on an official policy.
    • BThis is a quasi-judicial function, as the Authority's decision is based on an official policy.
    • CThis is an administrative function, as the Authority's decision is based on an official policy.
    • DNone of the above

  24. Q24. In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language.

    • AVinay Chandra Mishra. In Re
    • BEx- Capt. Harish Uppal vs. Union of India
    • CHikmat Ali Khan vs. Ishwar Prasad Arya and Ors.
    • DNone of the above

  25. Q25. "Misconduct" would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonorable. It may be noted that the scope of "misconduct" is not restricted by technical interpretations of rules of conduct. This was proven conclusively in the case of-

    • ANoratanman Courasia vs. M. R. Murali
    • BBar Council of Maharashtra vs. M.V. Dahbolkar
    • CIn N. G. Dastane vs. Shrikant S. Shinde
    • DB. M. Verma vs. Uttrakhand Regulatory Commission

  26. Q26. Retention of money deposited with advocate for the decree holder even after execution proceedings was held as an instance of misconduct in which case

    • AIn Re DC Saxena
    • BM. Veerendra Rao vs. Tek Chand
    • CShambhu Ram Yadav vs. Hanuman Das Khatry
    • DPrahlad Saran Gupta vs. Bar Council of India

  27. Q27. In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court amounting to misconduct.

    • AN.G. Dastane vs. Shrikant S. Shinde
    • BSambhu Ram Yadav vs. Hanuman Das Khatry
    • CNoratanman Courasia vs. M. R. Murali
    • DNone of the above

  28. Q28. The judgment in ... skews the delicate balance, carefully crafted by the Model Law (and enshrined in Section 34), between finality of arbitral awards on one hand and permissible judicial review on the other.

    • ARenu Sagar Power Co vs. General Electric Corporation
    • BONGC vs. Saw Pipes Ltd.
    • CSundaram Finance vs. NEPC
    • DOlympus Superstructures Pvt. Ltd vs. Meena Vijay Khetan

  29. Q29. The Supreme Court in ......... held that irrespective of where the 'central management and control is exercised' by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.

    • ATDM Infrastructure (P) Ltd. vs. UE Development India (P) Ltd.
    • BCorned Chemicals Ltd. VS. C.N. Ramchand
    • CShreejee Traco (I) Pvt. Ltd. VS. Paperline International Inc
    • DBhatia International vs. Bulk Trading

  30. Q30. Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?

    • ASection 30
    • BSection 10
    • CSection 40
    • DSection 20

  31. Q31. The presumption of continuance of life is contained in Section ..... of the Evidence Act

    • A107
    • B108
    • C207
    • D115

  32. Q32. Testimony of a witness to the existence or non- existence of the fact or facts in issue is/are-

    • AOral evidence
    • BOriginal evidence
    • CDirect evidence
    • DBoth (A) and (B).

  33. Q33. Who authored the book The First Principles of Jurisprudence?

    • ASalmond
    • BBlack Stone
    • CAustin
    • DWinfield

  34. Q34. Special Summons under Section 206 of the Criminal Procedure Code can be issued by

    • AA Magistrate only
    • BA Magistrate as well as the Court of Sessions
    • CThe Court of Sessions
    • DThe High Court

  35. Q35. Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by

    • AAustin
    • BHugo Grotius
    • CArvid Pardo
    • DStarke

  36. Q36. The Indian who is presently a member of International Court of Justice

    • AJustice A.S. Anand
    • BJustice Bhagwati
    • CJustice Dalveer Bhandari
    • DJustice Nagendra Singh

  37. Q37. International Criminal Court is based on -

    • ARio Conference
    • BRome Statute of the International Criminal Court
    • CPart of U.N. Charter
    • DYugoslavakia Statute of the International Criminal Court

  38. Q38. Constitutive and declaratory theories of State relate to-

    • ALaw of the Sea
    • BLaw of Air space
    • CLaw of Outer Space
    • DState Recognition

  39. Q39. Tabula rasa under International Law relates to-

    • AState Recognition
    • BUniversal Succession
    • CState Succession
    • DSources of International Law

  40. Q40. With reference to Cyber Crimes worm attack-

    • Aneeds the virus to attach
    • Bdo not need the virus to attach
    • Cneeds the host to attach
    • Ddo not need the host to attach

  41. Q41. An attempt to acquire sensitive information such as usernames, passwords, and credit card details and sometimes, indirectly, money by masquerading as a trustworthy entity in an electronic communication - is known as -

    • ASalami Attacks
    • BPhishing
    • CData diddling
    • DForgery

  42. Q42. The Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce" is dealt under

    • AInformation Technology Act
    • BInformation and Communication Technology Act
    • CInformation Communication Act
    • DInformation and Cyber Space Act

  43. Q43. "Asymmetric Crypto System" under Information Technology Act means a system of a secure key pair consisting of a private key for creating a digital signature and-

    • Aan individual key to verify the digital signature
    • Ba lock to verify the digital signature
    • Ca public key to verify the digital signature
    • Da Government key to verify the digital signature

  44. Q44. Section 43A of the Information Technology Act deals with-

    • ACompensation for failure to protect data
    • BPunishment for sending offensive messages
    • CIdentity Theft
    • DImpersonation

  45. Q45. The persons taking part in the commission of an offence have been divided into two classes. They are-

    • APrincipal and abettors
    • BPrinciple and disciples
    • CPrincipal and accessory
    • DDebtor and holder

  46. Q46. What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immoveable property mortgaged?

    • A3 years
    • B10 years
    • C30 years
    • D12 years

  47. Q47. Which of the following fall outside the ambit of exclusion?

    • ADay on which judgment/order/award is pronounced
    • BTime during which stay/injunction operated
    • CTime during which the defendant had been out of India.
    • DAll the above

  48. Q48. Provisions regarding Corporate Social Responsibility are incorporated in the Companies Act, 2013 under

    • ASection 101
    • BSection 111
    • CSection 135
    • DSection 235

  49. Q49. What is Corporate Social Responsibility among the following?

    • AEmployee benefits
    • BProject based protection of national heritage
    • CPrograms undertaken outside India
    • DMere donations

  50. Q50. Talak-e-tafwiz is -

    • ATalak by delegation
    • BTriple Talak
    • CTalak by agreement
    • DImproper Talak

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  1. Q51. Any immovable property possessed by a female Hindu, acquired before or after the commencement of Hindu Succession Act, shall be held by her after the commencement of the Act as-

    • AA limited owner
    • BA full owner
    • CNo ownership
    • DNot as absolute owner.

  2. Q52. Who was the founder of Analytical School of Law?

    • AJhering
    • BBentham
    • CJohn Austin
    • DAugust Comte

  3. Q53. There was a contract to supply oil-seeds. But the Government rendered the sale and purchase of oil-seed illegal under the Defence of India Rules. Identify the effect.

    • AParty at default is held liable
    • BBoth parties are discharged from the performance of such contract
    • CBoth parties are directed specific performance of the contract
    • DNone of the above

  4. Q54. Principles evolved in Hadley vs. Baxendale are the basis of Section........ of the Indian Contract Act.

    • A74
    • B55
    • C87
    • D73

  5. Q55. If the property of the defaulter is in another district the Collector may, by ____, recover possession through the Collector of that district.

    • AApplication
    • BRestitution application
    • CSuit
    • DReference

  6. Q56. As per the Specific Relief Act, 1963 identify the situation wherein any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court.

    • AWhere the contract is voidable or terminable by the plaintiff.
    • BWhere the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
    • CBoth (A) and (B).
    • DNone of the above.

  7. Q57. A/An .... is one which is drawn by one person and accepted by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.

    • ABills in sets
    • BDocumentary bill
    • CBearer instrument
    • DAccommodation bill

  8. Q58. Which provision of the Negotiable Instruments Act discusses about material alteration of an instrument and its effects?

    • ASection 77
    • BSection 88
    • CSection 87
    • DSection 78

  9. Q59. A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B's death

    • AThe property passes to D
    • BThe property reverts back to A's heirs
    • CThe property is declared as having no owner
    • DNone of the above

  10. Q60. A transfers Rs.500 to his niece C, if she will desert her husband. The transfer is-

    • AVoid
    • BVoidable
    • CValid
    • DNone of the above

  11. Q61. Amendments made in the year..... through the insertion of Section .... to the Civil Procedure Code introduced provisions to enable the Courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.

    • A1989, 98
    • B1990, 88
    • C1999, 89
    • D2001, 88

  12. Q62. The Companies Act of 1956 accords recognition only to accounting standards whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and .... standards.

    • AFinancing
    • BAuditing
    • CBusiness
    • DResponsibility

  13. Q63. The Companies Act, 2013 allows the formation of-

    • ATwo persons company only
    • BSeven persons company only
    • CTwo or more persons company only
    • DOne person company also.

  14. Q64. Pigeon Hole theory was proposed by

    • AWinfield
    • BSalmond
    • CBlack Stone
    • DLord Knight

  15. Q65. According to Motor Vehicles Act, 1988 no person under the age of..... years shall drive a motor vehicle in any public place.

    • A20
    • B16
    • C18
    • D21

  16. Q66. According to The Consumer Protection Act, 1986 what is the limitation period applicable to the three forums in entertaining a complaint?

    • A2 years from the date on which the cause of action has arisen
    • B2 years from which the article was purchased
    • C3 years
    • DNone of the above

  17. Q67. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the .... within a period of ........... days from the date of the order-

    • AState Commission, 30
    • BState Tribunal, 30
    • CState Forum, 30
    • DState Commission, 60

  18. Q68. The National Consumer Dispute Redressal Commission was constituted in the year

    • A1998
    • B1988
    • C1999
    • D2000

  19. Q69. A attempts to steal some jewels by breaking open a box and finds after opening the box that there is no jewel in it. Seeing B running away he abandons his attempt. Which statement correctly expresses the liability?

    • APrimary evidence
    • BCircumstantial evidence
    • CReal evidence
    • DSubstantial evidence

  20. Q70. A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as-

    • AExtra-judicial confession
    • BJudicial confession
    • CRetracted confession
    • DVoluntary confession

  21. Q71. Expert opinion under Section 45 is-

    • AA conclusive proof
    • BNot a conclusive proof
    • CSupportive and corroborative in nature
    • DNone of these

  22. Q72. .......................... of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters' contribution among other things,

    • ASection 36
    • BSection 37
    • CSection 26
    • DSection 38

  23. Q73. Section 253 of the Companies Act, 2013 deals with

    • ADetermination of Sickness
    • BLiability of Directors
    • CPromoters
    • DMemorandum

  24. Q74. If by imposing solitary confinement there is total deprivation of camaraderie (friendship) amongst co-prisoners coming and talking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix, mingle, talk, share company with co-prisoners if substantially curtailed would be violative of Article 21. This was held in the case of

    • ASunil Batra vs. Delhi Administration, AIR 1978 SC 1675
    • BKishore Singh vs. State of Rajasthan, AIR 1981 SC 625
    • CD.K. Basu vs. State of West Bengal, AIR 1997 SC 610
    • DParmanand Katara vs. Union of India, AIR 1989 SC 2039

  25. Q75. In State of Karnataka vs. Union of India, AIR 1978 SC 68, Appointment of a commission by the Union government under Section 3 (1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc. against the Chief Minister and other Ministers of a State was challenged. It was held -

    • AArbitrary under Article 14
    • BViolates federal principle
    • CJurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution
    • DFederal Structure is not jeopardized

  26. Q76. Equality is a dynamic concept with many aspects and dimensions and it cannot be "cribbed, cabined and confined" within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies- this was stated in the case of-

    • AJespar & Slong vs. State of Meghalaya, AIR 2004 SC 3533
    • BVajravelu Mudiliar vs. Special Dty Collector, AIR 1965 SC 1017
    • CE. P. Royappa vs. State of T.N., AIR 1974 SC 555
    • DPunjab Communication Ltd. vs. Union of India, 1999 (4) SCC 727

  27. Q77. Period of limitation for execution of the order of maintenance is ........... from the date on which it becomes due.

    • A1 year
    • B5 years
    • C6 years
    • D15 years

  28. Q78. Section 41-B is incorporated into the Criminal Procedure Code on the basis of which of the following decisions

    • ANandini Satpati vs. P.L. Dani
    • BSunil Batra vs. Delhi Administration
    • CPrem Shankar Shukla vs. Delhi Administration
    • DD.K. Basu vs. State of West Bengal

  29. Q79. Chapter dealing with "Plea Bargaining" has been inserted by-

    • AThe Criminal Law (Amendment) Act, 1993
    • BThe Criminal Law (Amendment) Act, 2005
    • CThe Code of Criminal Procedure (Amendment) Act, 2001
    • DThe Code of Criminal (Amendment) Act, 1993.

  30. Q80. As per the Criminal Procedure Code, during investigation a search can be conducted without warrant by

    • AJudicial officer
    • BAny Person
    • CThe investigating officer
    • DAny police officer

  31. Q81. Prosecution for the offence of defamation can be initiated only

    • AOn the complaint of the aggrieved party
    • BOn the basis of an F.I.R
    • COn the basis of a police report
    • DIf it is a matter related to domestic affairs of a family

  32. Q82. Where territorial jurisdiction of a Court is transferred after passing a decree, an execution application may be filed

    • AIn the Court which had passed the decree
    • BIn the Court to which territorial jurisdiction was transferred only
    • CIn either of the Court under (A) or (B)
    • DIn any Court in India

  33. Q83. When a decree is transferred for execution to another Court and if the decree holder has reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other Court, he may apply to the Court which passed the decree to issue a ____ to attach the property at once.

    • ACaveat
    • BRestitution order
    • CAttachment order
    • DPrecept

  34. Q84. The leading decision of the Supreme Court on International Commercial Arbitration is ____ in which Bhatia International was prospectively overruled and held to be no longer good law. This case was also held to have changed the face of Indian Arbitration law as a ____.

    • ASpecial issue
    • BPreliminary issue
    • CRes judicata
    • DRes sub judice

  35. Q85. Identify a case where set off can be pleaded.

    • AClaim for unliquidated damages
    • BSuit for recovery of ascertained sum of money
    • CSection 7 of the Specific Relief Act, 1963 deals with recovery of specific movable property as non-recoverable
    • DNone of the above

  36. Q86. Leading questions can be asked during-

    • ARe-examination
    • BExamination-in-chief
    • CCross-examination
    • DNone of these.

  37. Q87. Which of the following is/are the general defenses in tortious liability?

    • AStopped from asserting or denying a fact
    • BPrevented from appearing in person
    • CPrevented from hiding an evidence
    • DBoth (A) and (B)

  38. Q88. Section 9 of the Hindu Marriage Act, 1955 is for restitution of conjugal rights. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving the same lies on the person who

    • ARemains privileged after the dissolution of marriage by divorce but not so on after death
    • BDoes not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
    • CDoes not remain privileged after dissolution of marriage by divorce or death
    • DRemains privileged communication after the dissolution of marriage by divorce or death.

  39. Q89. Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/ autrefois convict-

    • ASec. 300
    • BSec. 305
    • CSec. 306
    • DSec. 311

  40. Q90. Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property?

    • A45
    • B54
    • C55
    • D44

  41. Q91. Identify the wrong statement from the following,

    • AAn indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor
    • BIn a contract of indemnity, the liability of the indemnifier is secondary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is primary and arises when the principal debtor defaults.
    • CThe indemnifier after performing his part of the promise has no rights against the third party and he can sue the third party only if there is an assignment in his favor. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his liability, and may sue the principal debtor.
    • DIn a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee the liability of surety is secondary and arises when the principal debtor defaults.

  42. Q92. Which is true of contracts of agency?

    • AThe relation between the agent and the principal is of a trust
    • BIt is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations between that other and third persons that he is an agent.
    • CThe only essence of a contract of agency is the agent's representative capacity.
    • DNone of the above

  43. Q93. Point out an example not related to a contract of bailment.

    • ADelivering a watch or radio for repair
    • BLeaving a car or scooter at a parking stand
    • CLeaving luggage in a cloak room
    • DA shareholder executes an agreement/ bond favoring the company thereby agreeing to satisfy the company for any loss caused as a consequence of his own act.

  44. Q94. A corporate resolution is not an offer unless efforts are made to communicate it. Which case held so?

    • ABlair vs. Western Mutual Benefit Association
    • BR. vs. Dawood
    • CHarvela Investments Ltd. vs. Royal Trust Co. of Canada
    • DNone of the above.

  45. Q95. A issued a warrant to a police officer to arrest P. But the officer arrests Q after the due inquiry believing Q to be P. Here

    • AP is liable for criminal negligence
    • BP has committed no offence by virtue of Section 76 IPC
    • CP has committed an offence of wrongful confinement
    • DNone of these

  46. Q96. Durham doctrine means -

    • AThat an accused is not criminally liable if his unlawful act is the product of immature understanding due to immature age
    • BThat an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect
    • CThat an accused is criminally liable for his unlawful act even if it is the product of mental disease or mental defect
    • DNone of these

  47. Q97. De minimis non curat lex implies

    • AEvery person is liable for his own acts
    • BTrifling acts do not constitute an offence
    • CNecessity knows no law
    • DNothing is an offence which is done in private defense

  48. Q98. P and Q agree to commit theft in R's house, but no theft is actually committed. Here P and Q are guilty of-

    • AAbetment of conspiracy
    • BAbetment by instigation
    • CNo offence
    • DCriminal conspiracy

  49. Q99. Ramu is suffering from disease of the heart. Rahul his heir rushes into his room and shouts in his ear "your house has been destroyed by fire" intending thereby to kill Ramu. Ramu dies of the shock. Here Rahul is liable for the offence of

    • AAttempt to murder
    • BMurder
    • CCulpable homicide
    • DAbetment to murder

  50. Q100. The doctrine of civil conspiracy was enunciated by the House of Lords in

    • AWalsby vs. Anley
    • BMoghul Steamship Company vs. Mc. Gregor Gow and Company
    • CAllen v. Flood
    • DQuinn vs. Leathem

That is all 100. Now sit AIBE 8 (VIII) 2015 Set A as a 3-hour timed test: your score, your rank and the official answer to every question, and the same for every other AIBE question paper here.

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