AIBE 10 (X) 2017 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.
-
Q1. Government employees may refer their unresolved grievances and labor dispute to
- AInternal Labor Department
- BBureau of Labor Relations
- CPublic Sector Labor-Management Council
- DDepartment of Labor.
-
Q2. The objective of the EU Directive on mediation is:
- AReducing back logs of cases at the Courts in the member States
- BDividing the cases between all dispute resolution methods
- CEconomical reasons in times of crisis, thus ensuring that mediators will have a proper income
- DEnsuring better access to alternative dispute resolution in cross border commercial conflicts.
-
Q3. Minimum number of members required to apply for Incorporation Certificate in a Public Ltd. Company is:
-
Q4. When a bill is passed by the Parliament and the President, what is the status of the same?
- ABill approved
- BLaw
- CBill exercised for administration
- DGovernment procedures.
-
Q5. 'A' resides at Shimla, 'B' at Kolkata and 'C' at Delhi. A, B & C being together at Banaras. B & C make a joint promissory note, payable on demand and delivered to A. A may sue B & C
- AAt Banaras, where the cause of action arose
- BAt Kolkata where B resides.
- CAt Delhi where C resides.
- DAll of the above.
-
Q6. A warrant of arrest may be extended -
- ATo that place where the offender has committed the offence
- BAt any place within India
- CTo the place specified under the Criminal Procedure Code
- DNone of the above
-
Q7. The Chairperson of Cyber Appellate Tribunal is appointed by the
- ACentral Government in consultation with the Chief Justice of India
- BState Government in consultation with the Chief Justice of the High Court
- CCentral Government
- DCentral Government in consultation with Controller of Certifying Authority
-
Q8. Under Section 18 of the Indian Evidence Act, the admission of which of the following person is not admissible against the other
- AOne of the plaintiffs
- BOne of the defendants
- CAgents of the parties
- DStatement of the third party.
-
Q9. Which of the following heirs is not class 1 heir under the Hindu Succession Act, 1956
- ASon
- BWidow
- CFather
- DMother.
-
Q10. There is either theft or extortion. It is
- ARobbery
- BDacoity
- CCriminal breach of trust
- DReceiving stolen property.
-
Q11. Who is an adolescent as per Factories Act, 1948?
- AWho has completed 17 years
- BWho is less than 18 years of age
- CWho is more than 15 years but less than 18 years of age
- DNone of these
-
Q12. Fulfilling the constitutional obligation under Article 300 A, the Land Acquisition Act, is the law providing for
- AAcquisition of land and taking over possession of land
- BAssessment of compensation
- CPayment of compensation
- DAll of the above.
-
Q13. Complaint means allegation in writing made by a complainant that-
- AAn unfair trade practice or restrictive trade practice has been adapted by any traders or service provider.
- BThe goods bought by him or agreed to be bought by him suffer from one or more defect
- CA traders or the service provider as the case may be has charged for the goods or for the services mentioned in the complaint a price in excess of the price
- DAll the above
-
Q14. The maxim - 'audi alteram partem' denotes
- ANo one shall be judge of his own cause
- BNo one shall be condemned unheard
- CRights are better than duties
- DNone of the above.
-
Q15. In which case did the Supreme Court hold that 'misconduct envisages breach of discipline'
- AP.D Gupta vs. Ram Murti
- BNoratanmal Chaurasia vs. M.R. Murli
- CP.J Ratnam vs. D. Kanikaram
- DNone of the above.
-
Q16. Which is not included within the meaning of artistic work under Copyright Act:
- ADrawing
- BWork of architecture
- CWork of craftsmanship
- DWork of carpenter.
-
Q17. In case of a co-operative society the maximum amount on which income tax is not chargeable is
- A50,000
- B30,000
- C20,000
- DNil.
-
Q18. A sells a field to B. There is a right of way over the field of which A has direct personal knowledge but which he conceals from B.
- AB has the right to rescind the contract
- BB cannot rescind the contract
- CA has the right to rescind the contract
- DA is not legally liable
-
Q19. According to Republic Act No. 6770, which of these powers is not provided to the office of Ombudsman?
- AProsecutory power
- BFunction to adopt, institute and implement preventive measures
- CPublic assistant functions
- DNone of the above.
-
Q20. In most EU member countries, which of the following is the most visible form of ADR?
- AMediation
- BArbitration
- CLitigation
- DConciliation.
-
Q21. 'A' does not fall under the clause of Memorandum of Association. 'A' here is:
- ASubscription
- BDirector
- CCapital
- DSituation
-
Q22. Minto-Morley reform is associated with which Act?
- AIndian Council Act 1912
- BIndian Council Act 1856
- CIndian Council Act 1908
- DIndian Council Act 1909
-
Q23. In a written statement, the defendant can claim:
- ASet off
- BCounter plain
- CBoth a & b
- DNone of the above.
-
Q24. Which of the following Section deals with search warrant
-
Q25. Which is the leading case on environment?
- AM. C. Mehta vs. Union of India
- BUnion of India vs. H.S. Dhillon
- CManeka Gandhi vs. Union of India
- DNone of the above.
-
Q26. Which of the following statement is correct
- AA confession made by an accused to the police officer is relevant
- BA confession made by an accused in police custody to a Magistrate is not relevant
- CA confession made by an accused in the police custody and discovery made from the information received from confession, both confession and discovery are relevant
- DNone of the above is correct.
-
Q27. Pre-emption on the ground of Shafie-i-Jar was declared unconstitutional in-
- ABhau Ram vs. Baij Nath
- BGovind Dayal vs. Inayatullah
- CBhagawan Das vs. Chetram
- DRam Saran Lall vs. Mst. Domini Kuer.
-
Q28. This section was enacted to meet the cases of dowry deaths. It is
- ASection 366A of IPC
- BSection 477A of IPC
- CSection 498A of IPC
- DSection 489A of IPC.
-
Q29. Who is responsible for payment to a person employed by him in a factory under the Payment of Wages Act, 1936
- AAccounts manager
- BHR manager
- CFloor manager
- DOwner.
-
Q30. Which one of the following is known as Consumer Disputes Redressal Agency?
- ADistrict Forum
- BState Commission
- CNational Commission
- DAll the above.
-
Q31. PIL is criticised on the ground of
- APrivate motive
- BPolitical ends
- CTremendous increase in the litigation
- DAll of the above.
-
Q32. Vikramaditya vs. Smt. Jamila Khatoon is an important case relating to professional misconduct due to which factor-
- AAdvocate attending the court with fire arms
- BNot appearing before the Court deliberately and intentionally
- CSuppression of material facts with intention to harass poor persons
- DDefrauding the client by exploiting the client's illiteracy.
-
Q33. An appeal to the High Court against the order of ITAT should be filed within
- A45 days when the order is communicated
- B60 days when the order is communicated
- C90 days when the order is communicated
- D120 days when the order is communicated
-
Q34. A contract can be specifically enforced
- AWhere compensation is adequate relief for the non-performance of the contract
- BWhere the contract by its nature is determinable
- CWhere it involves the performance of continuous duty which the Court cannot supervise
- DNone of the above.
-
Q35. In the Government of India Act 1935, which subjects are included in the 'concurrent list'?
- AMarriage
- BDivorce & Arbitration
- CCriminal Law & Procedure
- DAll of the above
-
Q36. In which of the following cases a Set Off can be claimed?
- A'A' owes the partnership firm of 'B' and 'C' Rs. 1000/-. B dies leaving C surviving. A sues C for a debt of Rs. 1500/- due in his separate character. C wants to set off the debt of Rs. 1000/-
- BA sues B for Rs. 20,000/-. B wants to set off the claim for damages for breach of contract for specific performance.
- CBoth 1 & 2
- DNone of the above.
-
Q37. Which case is leading case on arrest
- AJoginder Kumar vs. State of U.P.
- BState of W.B. vs. D.K. Basu
- CBoth 1 and 2
- DNone of the above.
-
Q38. What is the maximum number of witness which can be produced in a case
-
Q39. Natural guardian of an adopted son under the Hindu Minority & Guardianship Act, 1956 is
- AOriginal father
- BIn the absence of original father, original mother
- CAdoptive father
- DNone of the above.
-
Q40. The rule is that penal statutes must be construed
- ALiberally
- BStrictly
- CGolden rule
- DMischievous.
-
Q41. To close down a factory the occupier has to give how many days notice to the authorities
- A30 days
- B60 days
- C90 days
- D14 days.
-
Q42. Where the complaint alleges a defect in goods which cannot be determined without proper analysis or test, and the sample is forwarded to an appropriate laboratory, the report is to be submitted within how many days?
- A30 days
- B40 days
- C45 days
- D60 days
-
Q43. When can the Supreme Court refuse to grant remedy under Article 32?
- ADelay
- BMalicious petition
- CInfructuous petition
- DAll of the above.
-
Q44. Which condition is not required to be satisfied by an invention to be patentable subject matter under Patent Act?
- ANovelty
- BInventive steps
- CDistinctiveness
- DUsefulness.
-
Q45. A contract of 'indemnity' under the Indian Contract Act, 1872, has been defined in Section:
-
Q46. It refers to an authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to official position
- ADesignation
- BEx-Officio
- CAppointment
- DAd interim.
-
Q47. Filing with the Court, to object one's or another's imprisonment is called?
- AWrit of Quo Warranto
- BHabeas Corpus
- CWrit of Prohibition
- DNone of the above.
-
Q48. Under Order 33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?
- AHe is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
- BHe is not entitled to property worth Rs. 1000/-
- CHe has no sufficient means for his livelihood
- DHe may present the application for permission to sue as an indigent either himself or through an authorized agent.
-
Q49. The concept of "plea bargaining" is not applicable to the offence committed against
- AA woman
- BA child
- CBoth 1 and 2
- DNone of the above.
-
Q50. Indian Computer Emergency Response Team to serve as National Agency for incident response is constituted under section
- A71 of IT Act
- B70 of IT Act
- C70 (a) of IT Act
- D70 (b) of IT Act
-
Q51. The Environment (Protection) Act, 1986, came into force on
- A18th November, 1986
- B19th November, 1986.
- C20th November, 1986
- D21st November, 1986
-
Q52. Which section of Indian Evidence Act is based on English Doctrine of Res Gestae
-
Q53. In respect of family relations the law applicable in India is
- ASecular law in India
- BStatutory law
- CReligious law
- DPersonal law of the parties.
-
Q54. Which writ is issued by the Court to quash the wrongful order of a lower Court
- AMandamus
- BQuo warranto
- CProhibition
- DCertiorari.
-
Q55. Liability of drawer to compensate the drawee in case of dishonor is primarily provided under-
- ASection 29 (a)
- BSection 29
- CSection 30
- DSection 31.
-
Q56. Part III of Arbitration and Conciliation Act, 1996 formalizes:
- AProcess of Conciliation
- BProcess of Arbitration
- CEnforcement of Foreign Awards under New York and Geneva Conventions
- DAll the above.
-
Q57. Under which Supreme Court judgment, action of the President to summon, prorogue and dissolve either of the houses of the Parliament, shall be unconstitutional if acted without advice of Council of Ministers-
- AIndira Gandhi vs. Raj Narain, A.I.R. 1975 S.C. 2299
- BAnandan vs. Chief Secretary, A.I.R. 1966 S.C. 657
- CRao vs. Indira Gandhi, A.I.R. 1971 S.C. 1002
- DNone of the above.
-
Q58. A decree can be transferred for execution to another Court:
- AIf the judgment debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such Court.
- BIf the judgment debtor has property sufficient to satisfy the decree within the limits of that Court.
- CIf the decree directs the sale or delivery of immovable property situated outside the local limits of jurisdiction of the Court which passed it.
- DAll of the above.
-
Q59. Under which Section of CrPC the Assistant Public Prosecutor is appointed
-
Q60. In relation to relevancy of character in civil cases, which of the following is not correct?
- AIt is not at all relevant
- BIt is relevant when it affects award of damage
- CWhen character is itself an issue
- DWhen it appears from the fact otherwise relevant
-
Q61. What should be the difference of age under the Hindu Adoption and Maintenance Act, 1956, if a female adopts a male?
- A21 years
- B25 years
- C18 years
- D16 years
-
Q62. The various words used to denote Mens Rea under the IPC and are defined in the code itself are
- AVoluntary, dishonestly, fraudulently & reason to believe
- BCorruptly and wantonly
- CMalignantly and maliciously
- DRashly and negligently.
-
Q63. The term sabbatical is connected with-
- APaid leave for study
- BPaternity leave
- CMaternity leave
- DQuarantine leave.
-
Q64. Motor Vehicles Act, 1939, came into force in?
-
Q65. Which of the following case is leading case in term of deliberate delay in filing of the suit resulting in huge losses to the complainant
- AProf. Krishanraj Goswami VS. Vishwanath D. Mukashikar
- BPratap Narayan vs. Y. P. Raheja
- CBabulal Jain vs. Subhash Jain
- DJohn D'souza vs. Edward Ani.
-
Q66. The parties which cannot be compelled to perform specific performances of contract are provided in which section of Specific Relief Act:
-
Q67. What is the Special Constitutional Position of Jammu and Kashmir?
- AIt is above Indian Constitution
- BIndian laws are not applicable
- CIt has its own Constitution
- DIt is not of the integral parts of Indian Union
-
Q68. A person cannot be a next friend, a guardian of a person if:
- AHe is a minor
- BHe is an opposite party in the suit
- CHe has not given consent in writing
- DAll of the above.
-
Q69. In which section of the Hindu Succession Act, 1956 the Law of Mitakshara has been incorporated
- ASection 8
- BSection 7
- CSection 9
- DSection 6
-
Q70. The chief elements necessary to constitute a crime are
- AA human being
- BAn evil intent
- CInjury to another human being or society
- DAll of the above.
-
Q71. "Dealer" includes a person who is engaged-
- AIn building bodies for attachment to chassis; or
- BIn the repair of motor vehicles; or
- CIn the business of hypothecation, leasing or hire purchase of motor vehicle;
- DAll of the above.
-
Q72. Under Section 25 of the Land Acquisition Act, the amount compensation awarded by the Court-
- AShall not be less than the amount awarded by the Collector under Section 11
- BShall not be equal to the amount awarded by the Collector under Section 11
- CShall not be more than the amount awarded by the Collector under Section 11
- DAll of the above.
-
Q73. The undertaking contained in a promissory note, to pay a certain sum of money is:
- AConditional
- BUnconditional
- CMay be conditional or unconditional depending upon the circumstances
- DAll of the above.
-
Q74. Recently, in which case the Kerala High Court held that a University Grant Commission criterion which allowed certain relaxation in marks to reserved categories as violation of Article 16(1) of the Constitution
- ANair Service Society vs. UGC, WP(C) No. 5190 of 2016 (W)
- BCBSE vs. UGC, WP(C) No. 5190 of 2016 (W)
- CUGC vs. State of Kerala, WP(C) No. 5190 of 2016 (W)
- DUGC vs. Secretary of State, WP(C) No. 5190 of 2016 (W)
-
Q75. In which of the following cases, it was said that unless a right of appeal is clearly given by statute it does not exist?
- AM/s. Ram Narayan Pvt. Ltd. vs. Trading Corporation Ltd., AIR 1983 SC 786
- BRaja Himanshu Dhar Singh vs. Addl. Registrar, AIR 1962 All. 439
- CZair Hussain Khan vs. Khurshed Jain, (1906) ILR 28 All. 545
- DSmt. Gangabai vs. Vijaya Kumar, AIR 1974 SC 1126
-
Q76. Which of the following sections deals with the provisions relating to maximum period for which an under trial prisoner can be detained-
-
Q77. To make the criminal harmless by supplying him those things which he lacks and to cure him of those drawbacks which made him to commit crime is known as
- AExpiatory or penance theory of punishment
- BDeterrent theory or preventive theory of punishment
- CReformative or rehabilitative or corrective theory of punishment
- DRetributive theory of punishment
-
Q78. Pakala Narayan Swami vs. Emperor is a leading case on,
- ADying Declaration
- BConfession
- CAccomplice
- DExpert witness.
-
Q79. Who are the partners in a bill of exchange?
- ADrawer & Drawee
- BPayee
- CBoth 1 and 2
- DNone of the above.
-
Q80. Income which accrue or arise outside India but are directly received into India are taxable in case of
- AResidents only
- BBoth ordinarily residents and non- resident
- CNon-resident
- DAll the assessees.
-
Q81. 'A', a surgeon, knowing that a particular operation is likely to cause the death of 'Z', who suffers under a painful complaint, but not intending to cause Z's death & intending in good faith Z's benefit performs that operation on Z with Z's consent. A has committed no offence, it is contained in-
- ASection 88 of the IPC
- BSection 89 of the IPC
- CSection 90 of the IPC
- DSection 87 of the IPC.
-
Q82. A Hindu's widow, if there are more than one, shall take
- AOne share each
- BOne share for all the widows
- COne share each to the maximum of two shares, if there are more than two widows
- DNone of the above.
-
Q83. Section 112 of Indian Evidence Act, provides that a child would be treated as legitimate if after dissolution of marriage, he/she has been born within
- A180 days
- B270 days
- C280 days
- D300 days
-
Q84. Which of the following sections enables the Court to cancel the bond and bail bond
-
Q85. A reference can be made during the pendency:
- AThe subordinate court refers the case to the High Court for the latter's opinion on a question of law
- BThe subordinate court refers the case to the High Court for the latter's opinion on a question of evidence
- CThe subordinate court refers the case to the High Court for the latter's opinion on a question of fact
- DThe subordinate court refers the case to the High Court for the latter's opinion on a question of court procedure
-
Q86. The Right of Equality before the law under Article 14, is subject to the restriction of
- APublic order and morality
- BReasonable classification
- CReasonable restriction
- DReasonable situations.
-
Q87. The distinction between Sections 299 and 300 was made clear by Melvill, J. in-
- AReg vs. Guruchand Gope
- BReg vs. Govinda
- CReg vs. Hayward
- DGovind vs. Reg.
-
Q88. Any person aggrieved by an order made by the Disciplinary Committee of the Bar Council of India under Section 36 or 37 of the Advocates Act, may prefer an appeal to the:
- AHigh Court.
- BSupreme Court
- CState Government
- DCentral Government
-
Q89. A perpetual injunction can only be granted by the decree at the hearing and upon the-
- ADemand of the party
- BDiscretion of the Court
- CMerit of the suit
- DNone of the above.
-
Q90. The provision relating to Abolition of Untouchability is given in
- AArticle 23
- BArticle 24
- CArticle 17
- DArticle 15
-
Q91. Under Section 115, in the exercise of its revisional jurisdiction, a High Court can do which of the following things:
- ATo call for the record of any case which has been decided by any Court, subordinate to the High Court.
- BTo vary/reverse any decree or order against which an appeal lies to the High Court.
- CBoth 1 & 2
- DNone of the above.
-
Q92. In joint trial, the evidentiary value of confession of a co-accused affecting himself and others, has been discussed by the Supreme Court in-
- AKashmira Singh vs. State of MP
- BSate of UP vs. Deorman Upadhyay
- CRam Bharose vs. State of UP
- DRameshwar vs. State of Rajasthan.
-
Q93. Maintenance application under Section 18 (2) of HAMA is filed in-
- AMatrimonial Court
- BDistrict Court
- CHigh Court
- DAny of the above.
-
Q94. Which of the following belong to the category of direct tax?
- AGoods and Services Tax
- BExcise duty and customs duty
- CIncome tax and gift tax
- DAll of the above.
-
Q95. The theoretical powers to amend the Constitution, has been given to the Members of Parliament and State Legislatures by
- AArticle 358
- BArticle 368
- CArticle 378
- DNo such powers.
-
Q96. Under Section 114, a person can apply for review of judgment when:
- AHe is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed.
- BHe is aggrieved by a decree/order from which no appeal is allowed.
- CHe is aggrieved by a decision on a reference from a Court of small causes.
- DAll of the above.
-
Q97. In which of the following cases the Supreme Court accepted the concept that "bail is the surety and jail is an exception"?
- AJoginder Kumar vs. State of U. P.
- BMoti Ram vs. State of M.P.
- CManeka Gandhi vs. Union of India
- DState of W. B. vs. D.K. Basu.
-
Q98. The provisions relating to compoundable offence is provided under Section
-
Q99. Under which section of CPC, option for settlement of dispute is provided outside the Court?
- A80(1)
- B89(2)
- C89(1)
- D80(2).
-
Q100. Where a Magistrate of the first class passes only a sentence of fine not exceeding Rs. 100, against this order where an appeal shall lie:
- AIn the Court of Chief Judicial Magistrate
- BIn the Court of Chief Metropolitan Magistrate
- CBoth A and B
- DNone of the above.
