AIBE 16 (XVI) 2021 Set C 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 Of its 100 questions, 5 were withdrawn by the Bar Council, so 95 are scored.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. 50+ candidates have attempted it on this practice.
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Q1. The Hindu Marriage Act, 1955 petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution of conjugal rights as between parties of marriage for a period of one year or upwards after passing of the decree
- ADoes not permit any party to that
- BDoes not permit the party against whom the
- CDoes permit any party to that
- DDoes permit any person related to either party to that
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Q2. The commission of offences under the Prohibition of Child Marriage Act, 2006 are
- ACognizable and bailable
- BNon cognizable and non-bailable
- CCognizable and non-bailable
- DNon cognizable and bailable
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Q3. An arbitration proceeding is a
- AJudicial proceeding
- BQuasi-judicial proceeding
- CAdministrative proceeding
- DNone of the above
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Q4. What is ad hoc arbitration?
- AIt is a proceeding administered by the parties themselves, with rules created solely, for that specific case
- BParties make their own arrangement with respect to all aspects of the arbitration, including the laws and rules
- CThe seal of arbitration, the language, and the scope and issues to be resolved by means of arbitration.
- D(a) (b) (c)
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Q5. Which of the following Sections of the Civil Procedure Code define the 'Mesne Profit?
- ASection 2 (4)
- BSection 2 (14)
- CSection 2 (6)
- DSection 2 (12)
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Q6. How many kinds of presumptions are there as classified by the Supreme Court?
- APermissive presumptions or presumptions of facts
- BCompelling presumptions or presumptions of law (rebuttable presumptions)
- CIrrebuttable presumptions of law or conclusive presumptions.
- DAll of them
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Q7. What is the leading decision in the case of Menaka Gandhi Vs Union of India?
- ARight of hearing
- BSeparation of powers
- CDelegated legislation
- DRule of evidence
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Q8. Advocate's Act 1961 came into force on:
- A19th May, 1961
- B19th April, 1961
- C1st May, 1961
- D19th January, 1961
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Q9. A Railway servant was killed in a bus accident during the course of employment. His family members may claim compensation under
- AThe Motor Vehicle Act
- BThe Employees Compensation Act, 1923
- CBoth (a) and (b)
- DEither under (a) OR under (b)
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Q10. "Casting Couch" in Bollywood, the Indian film industry, is an example of
- Asexual assault
- Bsexual harassment
- Cboth (a) and (b)
- DNone of the above
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Q11. According tosection2ofmotorvehiclesAct, 1988 the term motor cab means any motor vehicle constructed or adapted to carry not more than
- A5 passengers including the driver
- B6 passengers including the driver
- C5 passengers excluding the driver
- D6 passengers excluding the driver
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Q12. The National Commission of Consumer Protection is composed of
- A7 members:
- B5 members;
- C8 members;
- D6 members:
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Q13. Which of the following sections of the Hindu Adoption and Maintenance Act, 1956 deals with " amount of maintenance"?
- ASection 21
- BSection 22
- CSection 23
- DSection 24
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Q14. In which of the following case the Supreme Court First of all made an attempt to look into the question regarding the extension of the right to life to the right to Health and other Hygienic conditions
- AThe Rural Litigation and Entitlement Kendra Vs State of Uttar Pradesh.
- BM.C Mehta Vs Union of India
- CV. Lakshmipathy Vs State of Karnataka
- DF.K. Hussain Vs Union of India.
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Q15. Basel Convention is associated with one of the following -
- AInternational Trade in Endangered species of wild Fauna & flora
- BClimate change
- CProtection of Ozone layer
- DThe control of transboundary movement of Hazardous waste and their disposal.
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Q16. The nature of Cyber crime is
- ATangible
- BIntangible
- COf mental Violence
- DNone of the above
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Q17. Under Civil Procedure Code, 1908 "Foreign Court" means
- AA court situated outside India
- BA court situated outside India and not established under the authority of Government of India
- CA court situated in India, applying foreign law
- DAll of the above
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Q18. Misuse of mechanism of PIL means
- Afiling PIL for protection of private interest
- Bfiling PIL for oblique motive
- Cfiling PIL only for publicity
- DAll of the above
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Q19. What is meant by procedural ultra-vires?
- AIt is the non-observance of the procedural norms by the rule making authority
- BIt may make the rule ultra vires due to non- observance of rule-making authority and hence become void
- CIt means the lacuna in the procedure of law
- D(a) and (b)
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Q20. The ground of " error of lawapparent on the face of the record" is connected with which of the writ?
- AQuo-warranto
- BMandamus
- CHabeas Corpus
- DCertiorari
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Q21. Under Civil Procedure Code find the incorrect match:
- ASection 5... Revenue Court
- BSection 7............ Provincial Small Causes Court
- CSection 9............ Pecuniary Jurisdiction of Courts
- DSection 8............ Presidency Small Cause Courts
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Q22. What is the Period of Limitation for expeditious disposal of Suit under Specific Relief Act 1963:
- A6 months
- B10 months
- C12 months
- D18 months
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Q23. A Chief Judicial Magistrate may pass a sentence of imprisonment
- ANot exceeding seven years
- BExceeding seven years
- CFor life
- DNone of the above
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Q24. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital is dealt under
- ASection 215 of IPC
- BSection 216 of IPC
- CSection 217 of IPC
- DSection 218 of IPC
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Q25. The maxim 'actus not facit reum nisi mens sit red' means
- AThere can be no crime without a guilty mind
- BCrime has to be coupled with guilty mind
- CCrime is the result of guilty mind
- DIn crime intention is relevant, motive is irrelevant
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Q26. Law laid down under section -73 of Indian Contract Act 1872 is related to which of the following cases:
- AHothester Vs De-la-tur
- BRabinson Vs Devison
- CHedley Vs Baxendal
- DDikinson Vs Dads
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Q27. Recovery of Specific Immovable Property may be obtained by C.P.C within what period
- AWithin 7 months
- BWithin 6 months
- CWithin 8 months
- DWithin 10 months
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Q28. Who appoints the Commissioner for rehabilitation and resettlement under the LARR Act?
- ALARR Authority
- BMinister of Environment and Forests
- CCentral Government
- DState Government
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Q29. The Bond under section 109 Cr.P.C as security for good behaviour from suspected person can be executed for a period not exceeding:
- ASix months
- BTwo years
- COne year
- DThree months
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Q30. The maximum limit of Rs. 500 that could be paid to the wife as maintenance under Section 125 of the Cr.P.C 1973 was removed in:
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Q31. The term "WIPO" stands for:
- AWorld Investment policy organization
- BWorld intellectual property organization
- CWildlife Investigation and Policing organization
- DWorld institute for Prevention of organized crime
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Q32. Health and education cess is applicable to -
- AAll assesses
- BAll assesses except company
- CIndividual / HUF
- DCompany only
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Q33. Contractual Liability arises, where:
- AThere is offer and acceptance only.
- BThere is intention to create legal relation.
- CThere is loss to one party
- DThe loss of one party is the gain of other party
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Q34. Provisions of Section 10 of CPC are:
- ADirectory
- BMandatory
- CNone Mandatory
- DDiscretionary
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Q35. Constructive res-judicata is contained in which of the following?
- AExplanation III to Section 11
- BExplanation IV to Section 11
- CExplanation VI to Section 11
- DExplanation VIII to Section 11
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Q36. The famous pronouncement of Delhi High Court regarding constitutional validity of section 377 Indian Penal Code reversed by Supreme Court in:
- ANALSA Vs Union of India
- BNaz Foundation Vs Government of NCT of Delhi
- CShabnam Hasmi Vs Union of India
- DSuresh Kaushal Vs Naz Foundation
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Q37. Reference to the Arbitration is provided in which section of the Arbitration and Conciliation Act, 1996
- ASection 7
- BSection 8
- CSection 9
- DSection 10
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Q38. Under the head subsequent conduct, which of the following type of conduct would be material?
- AChange of life
- BEvasion of justice
- CFear, trembling
- DAll of them
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Q39. Freedom of Residence under Article 19 of the Indian Constitution is available in which of the following clauses?
- AClause (1) (E)
- BClause (1) (D)
- CClause (1) (B)
- DClause (1) (C)
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Q40. Under which section of the Evidence Act, admissions are defined?
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Q41. In which of the following cases the Supreme Court has held that the investigating officer should be allowed to refer to the records of investigation
- AState of Karnataka Vs Yarappa Reddi
- BMohammed Khalid Vs State of West Bengal
- CBaburam Vs State of U. P.
- DState of Rajasthan Vs Om prakash
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Q42. If a party who obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do that without the leave of the Court
- AFifteen days
- BFourteen days
- CTwenty days
- DThirty days
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Q43. Punishment of advocates for misconduct has been given under section of the Advocate's Act - 1961
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Q44. Under which Section of IPC, Professional Negligence is often invoked against medical professionals in cases alleging professional negligence?
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Q45. A offers to bribe B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe
Withdrawn by the Bar Council: not scored.
- AA has abetted the offence define in Section 160, IPC
- BA has abetted the offence define in Section 161, IPC
- CA has abetted the offence define in Section 162, IPC
- DA has abetted the offence define in Section 163, IPC
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Q46. When Perpetual Injunction may be granted-
- AWhere the defendant is trustee of the Property for the plaintiff
- BWhere there is no standard for ascertaining the actual damage.
- CCompensation in money would not afford adequate relief.
- DAll of the above
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Q47. An advocate is under an obligation to uphold the rule of law and ensure that the public justice system isenabled to function at its full potential. Any violation of the principle of professional ethic by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system. It was said in
- AHikmantalikhanVs IshwarPrasadArya, (1997) 3 SCC 131
- BO. P. Sharma Vs high court of Punjab & Haryana, (2011) 6 SCC 86
- CL.D. Jaikwal Vs state of Uttar Pradesh, (1984) 3 SCC 405
- DShamsher singh Bedi Vs High court of Punjab & Haryana, (1996) 7 SCC 99.
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Q48. Section 8 of the Companies Act, 2013 contains provision relating to
- Aincorporation of company
- Bformation of companies with charitable objects, etc
- Ceffect of registration
- DEffect of memorandum and articles.
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Q49. The verification of the registered office shall be furnished to the registrar within a period of incorporation
- A30 days
- B60 days
- C90 days
- D120 days
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Q50. Cyber law deals with
- AAll activities concerning the internet
- BIPR
- CE-commerce
- DAll of the above
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Q51. The payment of compensation to railway employees by the railway administration for injury by accident is governed by:
- AThe Employees Compensation Act, 1923
- BThe payment of Wages Act, 1936
- CRights of Persons with Disabilities Act, 2016
- DThe Workmen Compensation Act, 1986
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Q52. The minimum amount of compensation payable under Employees Compensation Act, 1923 in case of total permanent disablement of a railway servant due to accident is Rs____.
- ARs 80,000/-
- BRs 90,000/-
- CRs 1,40,000/
- DRs 1,20,000/-
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Q53. A company wishes to ensure that no one else can use their logo.
- ACopy rights
- BTrade mark
- CPatent
- DIndustrial designs
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Q54. The Section of the Arbitration and Conciliation Act, dealing with the time of commencement of arbitral proceeding is
- ASection 20
- BSection 21
- CSection 22
- DNone of the above
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Q55. Under Criminal procedure Code 1973, who shall record the information of rape being given by a rape victim?
- AOfficer in charge of the police station
- BDeputy Superintendent of police
- COfficer not below the rank of Sub Inspector
- DWoman police officer or any Woman officer
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Q56. Under the provision of the code of criminal procedure, 1973
- ASummons can be oral
- BSummons cannot be served on corporate entities
- CSummons are either for appearance or for producing a document/thing
- DSummons can be served to servants in case the person on whose name summons are made cannot be found
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Q57. Every person who is a member of a defence service or hold a any civil post under the Union, holds office during the pleasure of the
- APrime Minister
- BPresident
- CCouncil of Minister
- DBoth (A) and (B)
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Q58. Which of the following statement / statements is/are false for the purpose of the Hindu Marriage Act, 1955? I. It is assumed that a person who is not Muslim, Santhal, Christian, Jew or Parsi by religion is Hindu II. A person who belongs to Lingayat sub sect is assumed to be Hindu III. A person converted who converted to another religion needs to follow local ritual/ custom for converting back to Hinduism
- AI only
- BI and II
- CIII only
- DI and III
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Q59. Provision for settlement of dispute outside court has been provided under Section.......... of Civil Procedure Code
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Q60. The Indian Evidence Act came into force on
- A6th October, 1860
- B1st March, 1974
- C15th March, 1872
- D1st September, 1872
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Q61. According to the provisions of Article 315 of the Indian Constitution: I. There shall be a public service commission for the Union and a Public Service commission for each state. II. The public service commission for the Union, if requested to do by the governor of a state may, with the approval of the president, agree to serve all or any of the needs of the state Which of the above statements is/are correct?/
- AOnly I
- BOnly II
- CI and II
- DNone of them
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Q62. Any private person may arrest any person who:
- ACommits non-bailable offence in his presence
- BCommits non-bailable offence and cognizable offence in his presence
- CCommits compoundable offence in his presence
- DCommits offence in his presence or is a proclaimed offender
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Q63. How long a warrant of arrest shall remain in force?
- A6 years
- B10 years
- C12 years
- DUntil executed or cancelled
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Q64. Rate of additional Depreciation will be ----- under section 32 Indian Income Tax Act
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Q65. Amount of deduction under section 24 of The Income Tax Act from annual value is -
- A1 / 2 of Annual Value
- B1 / 3 of Annual Value
- C3/10 of Annual Value
- D17 / 10 of Annual Value
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Q66. The test of reasonableness is not wholly......... test and its contours are fairly indicated by constitution.
- ASubjective
- BObjective
- CDescriptive
- DSummative
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Q67. The power to enact a law relating to the citizenship of India is left to......... under the provisions of Article 11 of the Indian Constitution.
- APresident
- BCouncil of ministers
- CHouse of people
- DParliament
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Q68. Promissory estoppel against Government agencies is decided in:
- ATweedle Vs Atkinson
- BDutton Vs Poole
- CPournami all Mills Vs State of Kerala
- DKedar Nath Vs Gauri Mohamad
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Q69. Frustration of contract is provided by which section of the India contract Act?
- ASec. 73
- BSec. 70
- CSec. 2 (d)
- DSec. 56
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Q70. Schedule II of the Employees Compensation Act 1923 deals with
- AAge factor for calculating the amount of compensation
- BList of persons who are included in the definition of 'Employee'
- CList of occupational
- DList of injuries Deemed to Result in Permanent Total Disablement
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Q71. Admission can be broadly categorised into:
- AJudicial
- BExtra-judicial
- CEither A and B
- DBoth A and B
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Q72. Section 66, of Indian Evidence Act lays down:
Withdrawn by the Bar Council: not scored.
- AA notice must be given before secondary evidence can be received under section 65 (a), Indian Evidence Act
- BNotice to produce a document must be in writing
- COrder XI, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document
- DAll of them
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Q73. Maxim "Res Ipsa Loquitur" means: -
- AThe thing speaks for itself
- BWhere there is right there is remedy
- CWhere there is remedy there is right
- DWhere there is no fault there is no remedy
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Q74. The Committee which led to the passing of the Criminal Law (Amendment) Act, 2013 was headed by
- AJustice Dalveer Bhandari
- BJustice Altamas Kabir
- CJustice J.S Verma
- DJustice A.S. Anand
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Q75. Under the scheme of Criminal Procedure Code, non-cognizable offences are:
- APublic wrongs
- BPrivate wrongs
- CBoth public and private wrongs
- DNone of the above
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Q76. A discrimination against a man or a woman, only on grounds of ............ would be violative of Article 15 (1)
Withdrawn by the Bar Council: not scored.
- ASex
- BRemuneration
- CPlace of birth
- DReligion
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Q77. The "Objective Resolution" adopted by the constituent assembly on January 22, 1947 was drafted by whom
- AJawaharlal Nehru
- BDr. BR Ambedkar
- CDr. Rajendra Prasad
- DB.N. Rao
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Q78. Right to the property was eliminated from the list of Fundamental Rights during the tenure of
- AIndira Gandhi
- BCharan Singh
- CRajiv Gandhi
- DMorarji Desai
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Q79. When the accused states, "I will produce the share which I received in such and such robbery" which of the following are not admissible with regard to Section 25, Indian Evidence Act? I. An admission that there was a robbery II. An admission that the accused took part in it III. An admission that he got part of the property IV. A statement as to where the property is
- AI II and III
- BIII and IV
- CII, III and IV
- DAll of above
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Q80. The rule of Strict Liability is based on the decision in:
- ADonoghue Vs Stevenson
- BHomes Vs Ashford
- CRylands Vs Fletcher
- DNone of the above
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Q81. The Rule of Last opportunity was Laid down in:-
- ADavies Vs Manh
- BState of A.P. Vs Ranganna
- CNugent vs Smith.
- DKalawati Vs state of HP
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Q82. In which of the following case was it held that "the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract to the contrary. The fact that the date of decree makes no difference"?
- ASurenderabal vs Suppiah
- BMukesh teli Vs Bharti Teli
- CSesi Ammal vs Thaiyu Ammal
- DLaxmi Vs Krishna
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Q83. A plaint has to be presented to the Court under Order IV, Rule 1 in
- ASingle copy
- BDuplicate
- CTriplicate
- DNo fixed rule
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Q84. Omission to give notice under Order XXI. Rule 22 will
Withdrawn by the Bar Council: not scored.
- ARender the execution null and void
- BRender the execution irregular
- CRender the execution voidable
- DNot affect the execution
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Q85. Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section. 82 CPC, execution, shall not be issued on any such decree unless the decree remains unsatisfied for a period of
- A3 months from the date of decree
- B6 months from the date of the decree
- C1 year from the date of the decree
- D2 years from the date of decree
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Q86. On which of the following dates did Hindu Marriage Act, 1955 come into operation?
- A18th May, 1955
- B17th June, 1955
- C22nd May, 1955
- D18th June, 1955
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Q87. Which of the following properties will section 30 of the Hindu Succession Act, 1956, govern? I. Tarwad II. Tavazhi III. Kutumba IV. Kavaru V. Illom
- AI, III, and V
- BII, IV and V
- CI and II
- DAll of the above
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Q88. The maximum limit of the members of the state bar council:
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Q89. Specific Relief Act 1963 contains -
- A6 chapters and 40 Sections
- B7 chapters and 42 Sections
- C8 chapters and 43 Sections
- D8 chapters and 44 Sections
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Q90. The phrase "file a PIL, ostensibly in public interest but, in fact, to serve personal or private interests" means -
- Afiling PIL for protection of only public interest
- Bfiling PIL for protection of both public and private interest
- Cfiling PIL for protection of only private interest
- Dfiling PIL alleging it to be in public interest but actually seeking protection of private interest
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Q91. Filing of frivolous PILs results in -
- Aincreasing backlog of cases
- Bwastage of resources
- Clesser availability of time for hearing other genuine cases
- DAll of the above
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Q92. Z, under the influence of madness, attempts to kill X. Is Z guilty of an offence. Has X the same right of private defence which he would have if Z were sane?
- AZ has not committed any offence as per section 98 of IPC and same right of private. defence to X if Z is mad
- BAs per Section 98 of IPC, X has committed an offence and no right of private defence to X
- CZ has committed an offence for not using his mind
- DNone of the above
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Q93. Protection against arrest and detention in certain cases is mentioned in which of the following Articles of Indian Constitution?
- AArticle 21
- BArticle 21A
- CArticle 22
- DArticle 22A
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Q94. Article 300A of Indian Constitution i.e. Right to property has been inserted in the Constitution by.......
- A44th Amendment Act
- B42nd Amendment Act
- C40th Amendment Act
- D51st Amendment Act
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Q95. Which of the following sections of the Muslim Personal Law (Shariat) Application Act, 1937 havebeenrepealed/amendedby section6of the Dissolution of Muslim Marriage Act, 1939?
- ASection 4
- BSection 5
- CSection 6
- DSection 7
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Q96. As per section 53 of IPC, the word "injury" denotes any harm whatever illegally caused to any person's
Withdrawn by the Bar Council: not scored.
- ABody
- BMind
- CReputation
- DAll above
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Q97. Which of the following cases can be cured under section 465 of the code of criminal procedure, 1973?
- AEntertaining of complaint without complying with section 195 and 340 of the Cr.P.C
- BThe reading and recording of the evidence taken in one case into another companion case
- CThe examination of witness in absence of the accused
- DNon-Compliance with 235 (2)
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Q98. Which of the following statements hold true for de nova trials?
- AOmission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trials
- BA de nova trial should be the last resort
- Cthe court originally trying the case can order de nova trial
- DNone of these
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Q99. In case of land acquisition by the Central Government for public-private partnership projects, consent of how many affected families is mandated by the LARR Act?
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Q100. A company which is not a domestic company will pay income tax at the rate of:-
