AIBE 13 (XIII) 2018 Set D 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. Of its 100 questions, 2 were withdrawn by the Bar Council, so 98 are scored.
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. Which one of the following sections of Cr.P.C deals with examination of person accused of rape by medical practitioner?
- ASection 54-A
- BSection 55-A
- CSection 53-A
- DSection 60-A
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Q2. According to section 167 of the Cr.P.C an accused person can be remanded to police custody for not more than.
- A7 days at one time
- B30 days at one time
- C15 days at one time
- D60 days at one time
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Q3. A communication made to the spouse during marriage, under section 122 of the Indian evidence act-
- ARemains privileged even after dissolution of marriage
- BDoes not remain privileged after dissolution of marriage only by divorce
- CDoes not remain privileged after dissolution of marriage only by death
- DDoes not remain privileged in both the case (b) and (c)
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Q4. Which section of the Indian Evidence act provides that an accomplice is a competent witness
- ASection 114 illustration (B)
- BSection 118
- CSection 133
- DSection 134
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Q5. Which one of the following sections of Cr. P.C deals with compoundable offence?
- ASection 319
- BSection 320
- CSection 321
- DSection 324
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Q6. What is the time limit under section 468 of Cr. P.C for taking cognizance:
- AOne year
- BTwo years
- CThree years
- DNo limit
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Q7. "Industrial establishment" means-
Withdrawn by the Bar Council: not scored.
- A(i), (ii), (iii), (iv)
- B(i), (ii), (iii)
- C(i) and (ii)
- Donly (i)
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Q8. Strike should be called only if at least......... percent of workers are in support of strike. (Fill in the blank).
Withdrawn by the Bar Council: not scored.
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Q9. Industrial relations cover the following area(s): i) Collective bargaining ii) Labour legislation iii) Industrial relations training iv) Trade unions
- A(i)
- B(i) and (ii)
- C(i), (ii) and (iii)
- D(i), (ii), (iii) and (iv)
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Q10. State of U.P. Vs. Nawab Hussain,1977 SCR (3) 428 relates to:
- ARes subjudice.
- BRes judicate.
- CConstructive resjudicata
- DDeemed rejudicata
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Q11. X is living in Pune and Y, his brother in Mumbai, X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.
- AThe suit may be instituted in Delhi only.
- BThe suit may be instituted in Bangalore only.
- CThe suit may be instituted either in Delhi or Bangalore.
- DNone of the above.
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Q12. An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore. A Suit to obtain compensation for wrong to the property may be instituted.
- AAt Bhopal
- BAt Indore
- CEither at Bhopal or at Indore
- DNone of these
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Q13. which of the following section of the motor vehicle Act 1988 defines the term 'Owner'?
- ASection 2 (30)
- BSection 2 (31)
- CSection 2 (25)
- DSection 2 (32)
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Q14. A person interested means person claiming an interest in compensation to be made on account of acquisition of land under Land Acquisition Act, 1894 and a person shall be deemed to be interested in land if he is interested in an easement affecting the land. Fill in the blanks:
- AOne Hundred
- BTwo Hundred
- CThree Hundred
- DFour Hundred
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Q15. Under Land Acquisition Act, 1894 the expression "Company" means-
- Aa company as defined in section 3 of the Companies Act, 1956, other than a Government company referred to in clause(cc);
- Ba company as defined in section 2 of the Companies Act, 1956, other than a Government company referred to in clause (c)
- Ca company as defined in section 1 of the Companies Act, 1956(1 of 1956) other than a Government referred to in clause (cc);
- Da company as defined in section 6 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (c);
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Q16. Under which Section of Income tax Act, 1961 'Income of other persons included in Assesses total income'
- A56-58
- B60-65
- C45-54
- DAll of the Above
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Q17. A period of 12th Months commencing on the 1st day of April of every year is known As:
- AAssessment year
- BLeap year
- CPrevious year
- DNone
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Q18. which Section of the information technology (amendment) Act, 2008 deals with the validity of contracts formed through electronic means:
- ASection 12
- BSection 10A
- CSection 11
- DSection 13
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Q19. Which of the following is essential for a valid adoption under the Hindu Marriage Act, 1955?
- ADatta homam
- BActual giving and taking of child
- CBoth (a) and (b)
- DNone of the Above
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Q20. Hindu male can adopt a female child, if the difference of age between the two is of more than
- A15 years
- B18 years
- C20 years
- D21 years
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Q21. Which of the following relations is not dependent under Section 21 of the Hindu Adoption and maintenance Act 1956?
- AGrand Mother
- BMother
- CWidow
- DDaughter
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Q22. "Hadees" is one of the sources of Muslim law, it comprises
- AVery words of god
- BWords and actions of the prophet
- CUnanimous decision of jurists
- DAnalogical decisions
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Q23. Intellectual Property appellate Board is established under which Act
- AThe Copyright Act, 1957
- BThe Patent Act, 1970
- CThe Trademark Act, 1999
- DThe Designs Act, 2000
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Q24. Which is the subject matter of neighbouring rights protection-
- APerformance
- BDramatic work
- CGeographical indication
- DNew varieties and plant
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Q25. Adam Smith has enumerated cannons of taxation which are accepted universally they are:
- AEquality and Certainty
- BEquality, convenience and Economy
- CEquality and Economy
- DEquality, Certainty, Convenience and Economy
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Q26. For the first time in India Income tax law was introduced by Sir James Wilson in the year:
- A1886
- B1868
- C1860
- DNone of the Above
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Q27. Under section 118 of the Indian evidence act, a person is a competent witness if he or she-
- AIs a major
- BIs not lunatic
- CIs not of extreme old age
- Dof understanding questions put to him and giving rational answers irrespective of age
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Q28. Which of the following judgement is irrelevant under section 43 of Indian evidence act
- AJudgement of an insolvency court
- BJudgement of criminal court
- CJudgement of matrimonial court
- DJudgement of probate court
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Q29. Under which section of the Indian evidence act a witness has been given right to refresh his memory
- ASection 157
- BSection 158
- CSection 159
- DSection 160
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Q30. The provision relating to free legal aid is given under
- ASection 301
- BSection 304
- CSection 303
- DSection 305
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Q31. Under Which one of the following provisions of Cr.P.C police officer is under an obligation to produce the person arrested before a magistrate within 24 hours of the arrest
- ASection 56
- Bsection 57
- CSection 60
- DSection 70
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Q32. Who may record confessional statement under section 164 of the Cr.P.C?
- APolice Officer
- BJudicial officer
- CBoth A and B
- DJudicial Magistrate having Jurisdiction only
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Q33. The provision relating Plea bargaining is not applicable in following offence.
- ASocio-economic offence
- BOffence against women
- CBoth A and B
- DNone of the above
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Q34. What is the maximum duration within which fast track arbitration must be completed-
- A6 Month
- B12 Month
- C18 Month
- D24 Month
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Q35. Which one of the following section deals with form of summons?
- ASection 60
- BSection 61
- CSection 62
- DSection 64
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Q36. Under Cr. P.C provisions relating to prosecution of judge is provided under.
- ASection 196
- BSection 197
- CSection 198
- DSection 199
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Q37. A question suggesting the answers which the person putting it wishes or expects to receive is called-
- AIndecent Questions
- BLeading Questions
- CImproper Questions
- DProper Questions
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Q38. Option of puberty is a ground of divorce Under Hindu Marriage Act 1955 for-
- AOnly Husband
- BOnly Wife
- CBoth Husband and Wife
- DNone of the Above
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Q39. which section of the Hindu Marriage Act 1955 provides that a child from a void marriage would be legitimate?
- ASection 11
- Bsection 13 (a)
- CSection 12
- DSection 16
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Q40. Which of the following appears to contribute to global cooling rather than global warming
- ANitrous Oxide
- BAerosols
- CMethane
- DCFC
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Q41. A and B agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of fencing, may be caused without foul play and if A, while playing fairly, hurts B. A commit no offence. The provision are given under:
- ASection 87
- BSection 85
- CSection 86
- DSection 88
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Q42. The provision of the right of private defence are given:
- AUnder section 96-108 of the Indian penal code
- BUnder section 94- 106 of the Indian penal code
- CUnder section 96-106 of the Indian penal code
- DUnder section 95-106 of the Indian penal code
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Q43. A person entitled to the possession of specific immovable property may recover in the manner provided by:
- AThe code of procedure, Act 1908.
- BThe Indian registration Act, 1908
- CThe Indian Contract Act, 1872,
- DThe Transfer of property Act, 1882.
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Q44. section 39 of Specific Relief Act deals with-
- ARegistration of Instruments
- BCancellation of Instruments
- CCorrectness of Instruments
- DNone of the above
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Q45. Joint sitting of both Houses of parliament may be called by the?
- ASpeaker
- BChairman
- CPresident
- DPrime Minister
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Q46. Specific relief........... Where the agreement is made with minor (fill in the blanks).
- ACan get
- BCannot be given
- CCan release
- DImplemented with law
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Q47. The parties which cannot be compelled to perform specific performances of contract are provided in which section of Specific Relief Act:
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Q48. What kind of property is transferable?
- APension.
- BPublic office.
- CRight to re-entry
- DAny kind of property if not prohibited by law.
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Q49. Which of the following does not come under the 'immovable property' as per the T.P. Act?
- ASales of a ceiling fan.
- BRight to claim maintenance.
- CRight relating to lease
- DEasementary right.
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Q50. X strike "A", "A" is by this provocation excited to violent rage. "Y", a bystander intending to take advantage of "A"s rage and to cause him kill "X", gives a revolver into "A"s hand for that purpose. "A" kills "X" with the revolver:
- AA is liable for committing murder and Y is liable for abetting murder.
- BA is liable for committing culpable homicide and Y is not liable.
- CA is liable for committing culpable homicide and Y is liable for abetting culpable homicide not amounting to murder.
- DA is not liable and Y is liable for abetting murder.
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Q51. Right to free Legal Aid was recognised as a fundamental right under Article 21 of Indian Constitution in the Case of-
- AHussaainara Khatoun Vs Home Secretary, State of Bihar, AIR 1979 SC 1360
- BM.H Hoskot Vs State of Maharashtra, AIR 1978 SC 1548
- CMadhu Mehta Vs Union of India (1989) 4 SC 1548
- DRudal Shah Vs State of Bihar (1983) 4 SCC 141
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Q52. In Which Country was the concept of PIL Originated
- AUnited Kingdom
- BUnited State of America
- CIndia
- DAustralia
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Q53. Delegated legislation was declared constitutional in?
- ABerubari case
- BDelhi laws act case
- CKeshwarnand bharti case
- DManeka Gandhi case
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Q54. A Prospectus which does not include complete particulars of the quantum or price of the securities included there in known as:
- Ashelf Prospectus
- Bmemorandum
- CRed Herring Prospectus
- DIssuing house
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Q55. When there is no profit in one year or the profit of a company is not enough to pay the fixed dividend on preference shares, the arrears of dividend are to be carried forward and paid before a dividend is paid on the ordinary shares. This is called:
- AParticipating preference shares
- Bcumulative preference shares
- CNon- cumulative preference shares
- DNon- Participating preference shares
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Q56. "Industrial dispute" means any dispute or difference between: i) Employees and employers ii) Employers and workmen iii) Workmen and workmen iv) Master and worker
- A(i) and (ii)
- B(iv)
- C(i), (ii),(iii) and (iv)
- D(i), (ii) and (iii)
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Q57. Section 19 of the Hindu Adoption and Maintenance Act 1956 provides for the Maintenance of:
- AWife
- BParents
- CWidowed daughter -in-law
- DChildren
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Q58. Section 30 of the Hindu successions Act, 1956 deals with:-
- AWoman estate
- BTestamentary Successions
- CMale Successions
- DFemale Successions
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Q59. When two or more person, by fighting in a public place disturb the public peace, they are said to commit:
- AA riot
- BAn affray
- CAn assault
- DNone of the above
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Q60. Promotion of "class hatred" is given under:
- ASection 153-A of the I.P.C
- BSection 153-AA of the I.P.C
- CSection 153-B of the I.P.C
- DSection 144-A of the I.P.C
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Q61. The distinction between section 299 and 300 was made clear by Melvill. J. in:
- AReg Vs Gorachand Gopee
- BReg Vs Govinda
- CGovinda Vs Reg
- DReg Vs Hayward
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Q62. Who was the Chief Justice of India when the Concept of PIL was introduced to Indian Judicial system
- AM. Hidayataullah
- BA.M. Ahmadi
- CA.S. Anand
- DP.N. Bhagwati
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Q63. The Supreme Court of India issued a number of direction for the prevention of Woman in Various forms of prostitution and to rehabilitate their Children Through various welfare measures an so as to provide them with dignity of person means of livelihood and socio-economic development in the Case of-
- AAIR 1997 SC 3011
- BAIR 1997 SC 3021
- C(1998) 1 SCC 14
- D(1986) 3 SCC 596
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Q64. A resides at Hyderabad, B at Calcutta and C at Delhi. A, B and C being together at Allahabad, B and C make a joint promissory note payable on demand, and deliver to A. A may sue B and C:
- AAt Allahabad where the cause of action arises.
- BAt Calcutta, where B resides.
- CAt Delhi, where C resides.
- DAll of the above.
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Q65. Section 25 empowers the supreme court to transfer any suit, appeal or other proceeding:
- AFrom one High Court to another High Court.
- BFrom one civil court in one state to another civil court in any other state.
- CBoth (a) and (b)
- DOnly (a)
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Q66. In which of the following cases, can C set off the claim?
- AA sues C on a bill of exchange for Rs. 500/-, C alleges that A has wrongfully neglected to insure C's goods and he is liable to pay compensation.
- BA sues C on a bill of exchange for Rs. 500/-, C holds a decree against A for recovery of debt of Rs. 1000/-
- CA sues B and C for Rs. 1000/-, the debt is due to C alone by A.
- DA and B sues C for Rs. 1000/-, the debt is due to C by A alone
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Q67. "Mandamus" May be issued by
- ASupreme court
- BHigh court
- CDistrict court
- DBoth (a) & (b)
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Q68. The provision for administration tribunals is added by
- A42nd Amendment
- B44th Amendment
- C24th Amendment
- D43rd Amendment
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Q69. Which of the following is not a Federal feature of any Constitution
- AWritten Constitution
- BDouble set of Government
- CRigid Constitutional
- DSingle citizenship
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Q70. Parliament in exercise of its power to amend under Article 368, may not amend
- APreamble
- BFundamental Right
- CSupreme Court
- DBasic structure
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Q71. Which article starts with "Subject to public order, morality & health".
- AArticle 14
- BArticle 15
- CArticle 28
- DArticle 25
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Q72. A "dumb witness" gives his evidence in writing in the open court, such evidence would be treated as
- Aoral evidence
- BDocumentary evidence
- CSecondary evidence
- DPrimary evidence
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Q73. Under the Indian evidence act, which of the following is not a court
- APersons legally authorised to take evidence
- BJudges
- CMagistrates
- DArbitrators
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Q74. The term 'Suit of a Civil Nature' refers to:
- APrivate rights and obligations of a citizen.
- BPolitical, social and religious question.
- CA suit in which principal question relates to caste or religion.
- DAll of the above
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Q75. The rule of res Sub- Judice Implies:
- AWhere the same subject matter is pending is a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.
- BWhere the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on.
- CWhere the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.
- DNone of the above
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Q76. A suit brought by a person to recover possession from a stranger of matth property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the matth.
- AThe second suit will be barred by Res Judicata.
- BThe second suit will not be barred by Res Judicata.
- CThe second suit will be barred by Res sub- Judicata
- DNone of the above
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Q77. Section 66A was invalidated by the Supreme Court of India in:
- AAnvar P. V. Vs P.K. Basheer, (2014)10 SCC 473.
- BShreya Singhal Vs Union of India, AIR 2015 SC 1523.
- CDr. Prafulla Desai Vs State of Maharashtra, AIR 2003 SC 2053.
- DState (NCT of Delhi) Vs Navjot Sandhu, (2005) 11 SCC 600.
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Q78. Environmental impact assessment (EIA) is mandatory under
- AIndian forest act
- BAIR act
- CWildlife protection act
- DEnvironment protection act
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Q79. A suit may be dismissed under order IX i) Where the summons is not served upon the defendant in consequence of the plaintiff's failure to pay costs for service of summons (Rule 2) ii) Where neither the plaintiff not the defendant appears (Rule 3) iii) where plaintiff, after summons returned unserved, fail for 7 days to apply for fresh summons (Rule 5) iv) Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiff's claim. (Rule 8) Codes:
- AI, II and III.
- BI, III and IV.
- CII, III and IV.
- DAll of the above.
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Q80. The Ex-officio chairman of the council of state is?
- AThe President
- BSpeaker, Lok Sabha
- CVice President
- DNone of the above
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Q81. Right to property in India is -
- AFundamental Right
- BConstitutional Right
- CStatutory Right
- DLegal Right
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Q82. Which of the following writs means to produce the body of a person?
- ACertiorari
- BQuo warranto
- CProhibition
- DHabeas Corpus
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Q83. Restrictions may not be imposed on freedoms provided under Article 19(1)(a) on this ground
- ADefamation
- BPublic Order
- CSedition
- DSecurity of the state
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Q84. Right guaranteed to citizen only is
- AArticle 21
- BArticle 20
- CArticle19 (1) (a)
- DArticle 25
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Q85. President can be removed on the ground of?
- AProved Misbehaviour
- BIncapacity
- CViolation of Constitution
- DAll the above
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Q86. Who among the following cannot transfer an immovable property?
- AHindu widow
- BMuslim widow
- CNatural guardian of a minor.
- DKarta or manager of joint Hindu family
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Q87. 'The doctrine of Lis pendens' was explained in the leading case of:
- ABellamy Vs Sabine
- BCooper Vs Cooper
- CStreatifised Vs Streafield
- DTulk Vs Moxbay
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Q88. When two or more persons agree to do an illegal act or an act which is not illegal by illegal means such an agreement is designated as:
- AAbetment by conspiracy
- BAbetment by Aid
- CCriminal conspiracy
- DAbetment
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Q89. The provisions regarding sedition are given:
- AUnder section 124 of the I.P.C
- BUnder section 124-A of the I.P.C
- CUnder section 121-A of the I.P.C
- DUnder section 130 of the I.P.C
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Q90. Which among the following is not an ADR method under Section 89 of CPC 1908-
- AMini Trial
- BJudicial settlement Through lok adalat
- CConciliation
- DNone of the above
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Q91. Consent to submit dispute to conciliation proceeding by the parties is defined under:
- A1
- B2
- C5
- DNone of the above
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Q92. What is the status of a settlement agreement in conciliation proceeding:
- ANon - binding
- BSame as a settlement award
- CUnlike a settlement award
- DNone of the above
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Q93. Disciplinary Committee of Bar Council is Conferred the powers of Civil Court under code of Civil Procedure 1908 by-
- ASection 36 of Advocates Act 1961
- BSection 42 of Advocates Act 1961
- CSection 42-A of Advocates Act 1961
- DSection 28 of Advocates Act 1961
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Q94. Which one of the following is a leading case on 'Injuria Sine Damnum'?
- ARylands Vs Fletcher
- BAshby Vs White
- CDonoghue Vs Stevenson
- DAll of the Above
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Q95. Which one is leading case on Strict Liability?
- AAllen Vs Flood
- BRylands Vs Fletcher
- CBourhill Vs Young
- DDonoghue Vs Stevenson
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Q96. Res Ipsa Loquitur means-
- AThings speaks its story itself.
- BWhere there is consent there is no injury.
- CBoth (a) and (b)
- DNone of the Above
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Q97. Principle of common employment is a defence under:
- ARylands Vs Fletcher
- BPriestley Vs Fowler
- CAshby Vs White
- DWagon Vs Mound
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Q98. The designation Senior Advocates' is provided under
- ASection 16, Advocates Act 1961
- BSection 26, Advocates Act 1961
- CSection 6, Advocates Act 1961
- DSection 15, Advocates Act 1961
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Q99. Right to pre-audience is provided by
- ASection 33 of Advocates Act 1961
- BSection 23 of Advocates Act 1961
- CSection 16 of Advocates Act 1961
- DSection 36 of Advocates Act 1961
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Q100. The 'Contempt of Court' belongs to
- AEntry 77 of Union list and entry 14 of State list in the VIIth schedule of Constitution of India.
- BEntry 70 of union list and entry 40 of state list
- CEntry 67 of Union list and entry 13 of State list
- DNone of these
