AIBE 14 (XIV) 2019 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. Of its 100 questions, 8 were withdrawn by the Bar Council, so 92 are scored.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. Writ of Certiorari can be issued against
- AJudicial and Quasi-Judicial bodies
- BQuasi Judicial and Administrative bodies
- CAdministrative Bodies only
- DNone of the above
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Q2. Supreme Court of India held that it is permanent obligation of every member of medical profession either government or private to give medical aid to every injured person brought for treatment immediately without waiting for procedural formalities in the case of-
- ACommon Cause V/S Union of India (1996) 1 SC 753
- BPeoples Union of India, AIR 1983 SC 339
- CParmanand Katara V/S Union of India, AIR 1989 SC 2039
- DLakshmi Kant Pandey V/s Union of India (1984) 25 SC 244
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Q3. Under which of the following Articles of the Indian Constitution Parliament is empowered to legislate with respect to a matter in the State List in National Interest?
Withdrawn by the Bar Council: not scored.
- AArticle 249
- BArticle 250
- CArticle 252
- DArticle 253
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Q4. In which of the following cases the court has laid down that 'Right to life' does not include 'Right to die'?
- AState Vs Sanjay Kr. Bhatia
- BSmt. Gian Kaur Vs State of Punjab
- CR Vs Holiday
- DP. Rathinam Vs UOI
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Q5. The question whether a bill is a money bill or not is decided by?
Withdrawn by the Bar Council: not scored.
- AThe Prime Minister
- BThe Finance Minister
- CThe President
- DThe Speaker, Lok Sabha
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Q6. Decision under 10th Schedule is taken by?
Withdrawn by the Bar Council: not scored.
- APresident
- BChief Justice of India
- CPrime Minister
- DPresiding officers of Houses
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Q7. Residuary Powers in India may be exercised by
- AParliament
- BState Legislatures
- CPresident
- DBoth (1) & (2)
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Q8. The purpose of writ of 'Quo warranto' is?
- ATo compel public authority to perform duty
- BTo restraint public authority to do illegal act
- CTo oust illegal occupant of a public post
- DAll of the above
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Q9. From which of the following countries, the Constitution of India has borrowed the 'Power of Judicial Review'?
- ACanada
- BUnited Kingdom
- CUSA
- DIreland
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Q10. Enforcement of which of the following articles of the Constitution of India cannot be suspended even during the proclamation of emergency?
- A14 & 19
- B20 & 21
- C23 &24
- D21 & 22
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Q11. A person undergoing life imprisonment, if attempts to commit murder and hurt is caused thereby, he may be punished with:
- ALife Imprisonment
- BDeath
- CImprisonment
- DAll of the above
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Q12. 'A' places men with firearms at the outlets of a building and tells 'Z'. that they will fire at 'Z' if 'Z' attempts to leave the building 'A' is:
- AWrongfully restrains Z
- BWrongfully confine Z
- CBoth (1) & (2)
- DNone of the above
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Q13. 'A' incites a dog to spring upon 'Z', without Zs' consent. If 'A' intends to cause injury, fear or annoyance to 'Z':
Withdrawn by the Bar Council: not scored.
- A'A' uses force to 'Z'
- B'A' assaulted 'Z'
- C'A' uses criminal force to 'Z'
- DNone of the above
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Q14. 'A' causes cattle to enter upon the field belonging to 'Z', intending to cause and knowing that he is likely to cause damage to 'Z's' crop. 'A' has committed:
- AMischief
- BCriminal trespassing
- CCriminal breach of trust
- DExtortion
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Q15. The Punishments to which offenders are liable under the provision of I.P.C are:
- ADeath and imprisonment for life
- BRigorous imprisonment and simple imprisonment
- CForfeiture of property and fine
- DAll of the above
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Q16. M' Naughten Rules form the basis of the law of:
- AInfancy
- BInsanity
- CIgnorance of fact
- DMistake
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Q17. The provisions relating to dowry is given under:
- ASection 304-B of the I.P.C
- BSection 304-A of the I.P.C
- CSection 304 of the I.P.C
- DSection 305-B of the I.P.C
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Q18. Which of the following section is designed to curb infanticide:
- ASection 317 of the I.P.C
- BSection 313 of the I.P.C
- CSection 318 of the I.P.C
- DSection 315 of the I.P.C
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Q19. Which of the following is not an essential element of a decree:
- AConclusive determination of the rights of the parties.
- BFormal expression of adjudication.
- CAn adjudication from which an appeal lies as an appeal from an order.
- DThe adjudication must have been given in a suit before the court.
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Q20. Which of the following is not a requirement for a foreign judgment to be conclusive:
- AIt must be given on merits of the case.
- BIt must be pronounced by a Court of competent jurisdiction.
- CIt was not obtained by fraud.
- DIt is by a court in an enemy country.
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Q21. A reference can be made during the pendency of the case:
- 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.
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Q22. 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 has been preferred.
- 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.
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Q23. In which of the following cases, the remedy of revision is not available?
- ACases in which first appeal lies.
- BCases in which second appeal lies.
- CInterlocutory orders.
- DAll of the above.
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Q24. 'Mesne Profits' of property means:
- AThose profits by which the person in wrongful possession of such property actually received or might have received there from, together with interest on such profits.
- BThe profits due to improvements made by person in wrongful possession.
- CBoth (1) & (2)
- DNone of the above.
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Q25. Which of the following is not a legal representative?
- AExecutor and administrators.
- BHindu coparceners.
- CCreditor
- DIntermeddler
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Q26. Which order has been specially enacted to protect the interest of Minors and Unsound Mind:
- AOrder 31
- BOrder 32
- COrder 33
- DOrder 34
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Q27. Which order of the CPC lays down general rules governing pleadings in a court?
- AOrder 6
- BOrder 7
- COrder 8
- DOrder 9
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Q28. Second appeal under section 100 is applicable:
- ASubstantial question of law as formulated by the High Court
- BSubstantial question of law as not formulated by the High Court
- CAn appellate decree passed Ex Parte
- DAll of the above
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Q29. Which one of the following sections of CrPC deals with irregularities which vitiate proceeding?
- ASection 460
- BSection 461
- CSection 462
- DSection 468
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Q30. Which of the following sentences can the Court of Session pass:
- ADeath Sentence.
- BRigorous Imprisonment.
- CSimple Imprisonment.
- DAny sentence authorised by law but Death Sentence must be confirmed by the High Court.
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Q31. Under which one of the following sections of CrPC, police officer can arrest an accused without warrant?
- ASection 40
- BSection 41
- CSection 42
- DSection 43
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Q32. Which one of the following courts, under criminal procedure code, 1973 can try a murder case.
- AJudicial Magistrate 1st class
- BChief Judicial Magistrate
- CCourt of Session
- DNone of the above
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Q33. Under which one of the following section of CrPC, police officer is under obligation to inform the accused ground of right to bail.
- ASection 49
- BSection 50
- CSection 57
- DSection 60
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Q34. Under what circumstance court can issue an order for the attachment of property of person absconding;
- AWhere the person to whom proclamation is issued is about to dispose of the whole of his property
- BWhere the person to whom proclamation is issued is about to dispose of any part of his property
- CWhere the person to whom proclamation is issued is about to remove the whole or any part of his property from the local jurisdiction of the court
- DAll of the above
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Q35. Inherent Power under section 482 CrPC can be exercised by.
- AThe Supreme Court
- BThe Court of Session
- CThe High Court
- DAll of the above
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Q36. Under which of the following sections of CrPC provisions relating to police report is given?
- ASection 173 (2) (i)
- BSection 177
- CSection 174 (2) (i)
- DSection 175
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Q37. Which one of the following provisions of CrPC deals with anticipatory bail?
- ASection 437
- BSection 438
- CSection 439
- DNone of the above
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Q38. The provision relating to cancellation of bond and bail bond is given under:
- ASection 446-A
- BSection 446
- CSection 447
- DSection 450
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Q39. One of the following statements is not true, which one is that:
- AA confession by one co accused implicating other co accused would be proved.
- BA confession to a police-officer cannot be proved.
- CA confession by a person in the custody of a police officer to any person in the presence of magistrate can be proved.
- DIf the confession of a person leads to recovery of a thing it can be proved.
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Q40. The Kashmira Singh Vs State of MP is a leading case on:
- ADying declaration
- BAdmission
- CConfession to police officer
- DConfession of a co-accused
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Q41. If it is proved that a man has not been heard of for............ by those who would naturally have heard of him if he were alive, the presumption under section 108 of the Indian Evidence Act is that he is dead:
- A5 year
- B7 year
- C15 year
- D20 year
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Q42. A dumb witness given 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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Q43. Which of the following is not a public document?
- ABank Books
- BPost-Mortem Report
- CJudgement of the High Court
- DRegistered Sale Deed
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Q44. Under the Indian Evidence Act, the character of a person is not relevant in which of the following cases
- APrevious good character of an accused in criminal case
- BPrevious bad character in reply to good character in criminal case.
- CCharacter to prove conduct imputed in civil case
- DCharacter affected the amount of damage in civil case
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Q45. Which one of the following is primary evidence
- ADocument produced for the inspection of the court
- BCopies made from original
- CCertified copies of the document
- DPhotostat copies of a document
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Q46. Which of the following fact is not relevant in civil and criminal cases under Section 8 of the Indian Evidence Act
- AMotive
- BAttempt
- CConduct
- DPreparation
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Q47. In which of the following cases, the Supreme Court held that an International Commercial Arbitration is one which has its juridical or legal seat of arbitration outside India:
- ABhatia International v. Buk Trading S.A. (2002) 4 SCC 105.
- BBharat Aluminium Company v. Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552.
- CBooz Allen and Hamilton Inc. v. SBI Home Finance Limited (2011) 5 SCC 532.
- DVimal Kishore Shah v. Jayesh Dinesh Shah (2016) 8 SCC 788.
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Q48. Which one is a Foreign Award-
- AAn award in a arbitration where at least one party in non-Indian
- BAn award passed in a foreign seated arbitration
- CAn award passed in a arbitration where both the parties are non- Indian
- DNone of the above
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Q49. BATNA Stands for:
- ABilateral agreement to negotiation and arbitration
- BBest alternative to a negotiated agreement
- CBilateral Trade negotiated agreement
- DNone of the above
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Q50. Section 9 of the Arbitration and Conciliation Act, 1996 deals with
- AInterim measures by the court
- BDiscretionary powers of the court
- CBoth (1) & (2)
- DNone of the above
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Q51. The Concept of 'Curative' Petition was introduced by the Supreme Court of India in the case of
- ARupa Ashok Hura V/S Ashok Hura, AIR 2002 SC 1771
- BM.C. Mehta V/S Union of India, AIR 1987 SC 1087
- CKrishna Swami V/s Union of India, (1992) 45 CC 605
- DSheela Barse V/s Union of India, (1986) 35 CC 5962
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Q52. Public Interest litigation is relaxation of which of the following requirements:
- AJurisdiction
- BLocus Standi
- CBoth (1) & (2)
- DNone of the Above
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Q53. Which of the following is not a case of Public Interest Litigation:
- AKesavananda Bharti v. State of Kerala AIR 1973 SC 1461
- BVincent Narayan v. Union of India, AIR 1988 SC 889
- CUnion of India v. Association for Democratic Reforms, AIR 2002 SC 2112
- DVincent Panikurlangara v. Union of India, AIR 1987 SC 990.
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Q54. Which of the following Courts/ Tribunals cannot entertain a Public Interest Litigation:
- ASupreme Court
- BHigh Court
- CCentral Administrative Tribunal
- DNone of the Above
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Q55. The Supreme Court of India has issued the direction to make the CBI independent agency so that it can function more effectively and investigate Crimes and Corruptions at high places in public life in the Case of-
- AUnion of India V/s Association For democratic reforms, AIR 2002 SC 2112
- BBangalore medical Trust V/S B.S Muddappa (1991) 45 SC 54
- CVincent Panikurlangra V/s Union of India (1987) 2 SC 165
- DVincent Narayan V/s Union of India, AIR 1998 SC 889
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Q56. Which Court or Authority has the power to punish any person for contempt of the National Company Law Tribunal:
- ASupreme Court
- BHigh Court
- CNational Company Law Appellate Tribunal
- DNational Company Law Tribunal
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Q57. 'Rule of Law' means
- AEquality before the Law
- BSupremacy of the Law
- CPredominance of legal spirit
- DAll of the above
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Q58. Which of the following provisions of the Advocates Act, 1961 provides for the power of Bar Council of India to withdraw to itself, any proceedings for disciplinary action State Bar pending before any State Council:
- ASection 35
- BSection 37
- CSection 36(2)
- DNone of the Above
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Q59. Which of the following can be done. by a Senior Advocate in accordance with the Rules of Bar Council of India:
- AMake concessions on behalf of client on instructions from junior advocate.
- BAccept instructions to draft a pleading
- CAccept brief directly from a client
- DNone of the Above
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Q60. Which of the following is not a duty of an Advocate to Court:
Withdrawn by the Bar Council: not scored.
- ATo not commit breach of section 126 of Evidence Act.
- BTo not to appear on behalf of any organisation of whose Executive Committee, he is a member.
- CTo not appear before a Court, Tribunal or Authority in which his near relation is a member.
- DTo conduct himself with dignity and self-respect during presentation of a case before a Court and otherwise acting before a Court.
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Q61. Which of the following rules of Chapter II of Part VI of the Bar Council Rules deal with the duty of an Advocate in respect of any moneys received by him from Client:
- ARule 25
- BRule 33
- CRule 24
- DNone of the Above
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Q62. Under the Dissolution of Muslim Marriage Act, 1939 a Muslim wife can seek Dissolution of marriage if the husband fails to perform marital obligation for:
- A2 year
- B3 year
- C4 year
- D5 year
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Q63. Which of the following provisions of the Hindu Succession Act, 1956 lays down for the escheat:
- ASection 25
- BSection 26
- CSection 27
- DSection 29
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Q64. The case of Muhammad Allahdad Khan Vs Muhammad Ismail Khan is related to:
- APre-emption
- BGift
- CMehar
- DAcknowledgement of paternity
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Q65. In which of the following cases, the Supreme Court was in 2017 declared pronouncements of talaq three times at a time by a Muslim husband as unconstitutional?
- AShayara Bano V/s Union of India
- BShassnim Ara V/S State of U.P
- CBaitahira V/S Ali Hasan
- DDanial latifi V/S Union of India
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Q66. If a man marries a girl who is within his prohibited relationship and his custom does not permit such marriage, such a man would be punished under:
- ASection 17 of the Hindu Marriage Act 1955
- BSection 18 (a) of the Hindu Marriage Act 1955
- CSection 18(b) of the Hindu Marriage Act 1955
- DNo punishment for such marriages
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Q67. 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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Q68. Which of the following provisions of the Hindu Marriage Act, 1955 incorporates the fault theory of divorce?
- ASection 13(1)
- BSection 11
- CSection 13B
- DSection 13(2)
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Q69. Under the Hindu Maintenance and Adoption Act, 1956, which of the both following circumstances can a dependent enforce his right to maintenance against a transferee of an estate out of which he has a right to receive maintenance:
- AOnly when the Transferee has notice of such right.
- BOnly when the transfer is gratuitous.
- CBoth (1) & (2)
- DNone of the above.
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Q70. It deals with the Internal Management and Affairs of company:
- AProspectus
- BArticle of Association
- CMemorandum of Association.
- DDebenture
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Q71. Public Liability Insurance Act was enacted in
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Q72. Right to Free Legal Aid was recognised as a Fundamental Right under Article 21 of Indian Constitution in the case of-
- AHussaainara Khatoon V/S State of Bihar, AIR 1979 SC 1360
- BM.H Hoskot V/S State of Maharashtra, AIR 1978 SC 1548
- CMadhu Mehta V/s Union of India (1989) 4 SC 1548
- DRudal Shah V/S State of Bihar (1983) 45 SC 14
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Q73. Environmental Impact Assessment (EIA) is mandatory under
- AIndian Forest Act
- BAir Act
- CWildlife Protection Act
- DEnvironment Protection Act
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Q74. The authentication to be affected by the use of asymmetric crypto system and hash function is known as:
- APublic key
- BPrivate key
- CDigital Signature
- DElectronic Governance
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Q75. Punishment for Cyber Terrorism under Section 66F shall be punishable:
- AWith Imprisonment which may extend to three year or with fine not exceeding two lakh rupees or with both.
- BWith imprisonment for a term which may extend to seven years and shall also be liable to fine:
- CWith imprisonment which may extend to imprisonment for life.
- DWith imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
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Q76. The Land Acquisition Act, 1894 came into force on-
- AFirst Day of January, 1894.
- BFirst Day of February, 1894.
- CFirst Day of March, 1894.
- DFirst Day of April, 1894
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Q77. The objectives of Land Acquisition Act, 1894 are-
- AAn Act to amend the law for the acquisition of land for public purposes and for industry.
- BAn Act to amend the law for the purchase of land for public purpose and for business.
- CAn Act to amend the law for the possessions of land for public purpose and for manufacturing.
- DAn Act to amend the law for the Acquisition of land for public purposes and for Companies.
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Q78. Section 2(j) of the Industrial, Disputes Act, 1947 define "Industry" means any i. Business trade, undertaking ii. Manufacture or calling of employers iii. Included any calling, service, employment, handicraft iv. Industrial occupation of workmen
- A(i) and (ii)
- B(i), (ii) and (iii)
- C(iii) and (iv)
- DAll of the above
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Q79. Ensuring the safety, health and welfare of the employees is the primary purpose of the:
- APayment of wages Act, 1936
- BIndustrial Dispute Act, 1947
- CFactories Act, 1948
- DEqual Remuneration Act, 1976
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Q80. In which case Supreme Court held that whether teachers are not workmen?
- ADharangadhara Chemical work Ltd. V/S State of Saurashtra, AIR 1957 Section 264.
- BUniversity of Delhi V/s Ram Nath, AIR 1963 Section 1873
- CJ.K Cotton Spinning and Weaving Mills Co. Ltd. V/s. L.T AIR 1964 Section 737
- DSunderambal V/S Government of Goa, AIR (1988) Section 1700.
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Q81. Under Section 2 (cc) of the Industrial Dispute Act, 1947 'Closure' means:
- AThe permanent closing down of a place of employment or part thereof.
- BThe partly closing down of a place of employment or part thereof.
- CThe temporary closing down of a place of employment or part thereof.
- DThe short-term closing down of a place of employment or part of thereof.
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Q82. Which one of the following is true about Latin Maxim 'Ubi Jus Ibi remedium'?.
- AWhere there is right, there is remedy.
- BWhere there is remedy, there is right.
- CBoth (1) & (2)
- DNone of the Above
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Q83. The Latin word 'Injuria Sine Damnum' Literally means:
- AInfringement of legal right without damages.
- BDamages without Infringement of legal right.
- CBoth (1) & (2)
- DAll of the above
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Q84. The Provision relating to claims Tribunal is given under............... of Motor Vehicles Act:
- ASection 165-175
- BSection 175-180
- CSection 170-175
- DSection 171-177
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Q85. The Consumer Protection Act, 1986 come into effect on
- A24th August 1986
- B15th April 1986
- C24th May 1986
- D24th December 1986
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Q86. Which one of the following sections of Consumer Protection Act, 1986 defines the term 'Consumer'?
- ASection 2(1)(a)
- BSection 2(1)(b)
- CSection 2(1)(c)
- DSection 2(1)(d)
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Q87. For the first time in India Income Tax was introduced by Sir James Wilson in the year:
- A1886
- B1868
- C1860
- DNone of the Above
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Q88. In which case Justice J.C. Shah of S.C. observed "Since by the exercise of the power a serious invasion is made upon the rights, privacy and freedom of the tax payer, the power must be exercised strictly in accordance with law and only for the purpose for which law authorises it to be excercised"
Withdrawn by the Bar Council: not scored.
- ADirector of Inspection Vs Pooranmal
- BITO Vs Seth Brothers.
- CP.R. Metrani Vs CIT
- DNone of the above
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Q89. The principle of Law of Taxation that "No tax shall be levied or collected except by authority of law". It is contained under
- AArticle 265 of the constitution
- BArticle 300 of the constitution
- CArticle 19(1)(g) of the constitution
- DArticle 285 of the constitution
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Q90. Under which section of Income Tax Act" Income of other persons are. included in assesses total income"
- ASections 56-58
- BSections 139-147
- CSection 246-262
- DSection 60-65
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Q91. Which of the following statements are true? i. Minor's contract can be ratified on attaining majority. ii. Minor's contact be ratified on attaining majority iii. Minor's contract can be ratified jointly by both the parties to the contract. iv. Minor is not liable under minor's contract
- A(i) and (iii)
- B(ii) and (iv)
- C(i) and (ii)
- D(ii) and (iii)
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Q92. Which of the following is not a vested interest:
- A'A' stipulates that title in a property shall pass to 'C' on his death.
- B'A' stipulates that title in a property shall pass to 'C' on the death of 'B'
- C'A' stipulates that title in a property shall pass to 'C' if he marries 'B'
- D'A' stipulates that title in a property shall pass to 'C' after ten years.
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Q93. The liability under Section 138 of the negotiable instruments act 1881 is
Withdrawn by the Bar Council: not scored.
- AStrict liability
- BVicarious liability
- CBoth (1) and (2)
- DNone of the above
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Q94. Effect of 'not negotiable' crossing is mentioned under
- ASection 125
- BSection 130
- CSection 131
- DSection 128
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Q95. Section 16 of negotiable instrument defines
- ARestrictive endorsement
- BConditional endorsement
- CIndorsement "in full" and Indorsement "in blank"
- DAll of the above
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Q96. Which one of the following sentence is correctly method?
- AIn India, consideration must follow from promisee only.
- BIn India, consideration must follow from only promisor or only promisee.
- CIn India, consideration must follow from promisor or any other person.
- DIn India, consideration must follow from promisee or any other person
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Q97. Assertion (A): Collateral transactions to wagering are valid. Reason (R): only wagering agreements are declared void under section 30 of the Indian contract Act. Codes:
- A(A) is true, but (R) is false.
- B(A) is false, but (R) is true.
- CBoth (A) and (R) are true, but (R) is not correct explanation of (A)
- DBoth (A) and (R) are true, and (R) is correct explanation of (A)
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Q98. Term 'holder' include
Withdrawn by the Bar Council: not scored.
- AThe payee
- BThe bearer
- CThe endorsed
- DAll of the above
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Q99. Which of the following is an infringement of a Registered Trade mark:
- AUse of a mark identical to the Trade mark in relation to goods without authorisation.
- BAdvertising of that Trade mark such that the advertisement is against the reputation of the Trade Mark.
- CUse of that Trade mark as a business name without authorisation.
- DAll of the above.
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Q100. Which of the following is wrong in respect of the law of Copyright:
- ACopyright protects only the expression and not idea.
- BThere is no copyright in respect of a fact.
- CThere is no copyright in a government work
- DCopyright doesn't require registration.
