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All India Bar Exam 2021

The document contains questions from a past exam for the All India Bar Examination (AIBE). It covers topics related to Indian law, including contract law, evidence law, constitutional law, arbitration law, company law, taxation law, and more. Some key questions addressed are: - Promissory estoppel against government agencies is decided in which case. - Frustration of contract is provided under which section of the Indian Contract Act. - The minimum compensation payable under the Employees Compensation Act for total permanent disability is Rs. __. - Law laid down under section 73 of the Indian Contract Act relates to which case. - Reference to arbitration is provided under which section of the Arbit

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0% found this document useful (0 votes)
296 views8 pages

All India Bar Exam 2021

The document contains questions from a past exam for the All India Bar Examination (AIBE). It covers topics related to Indian law, including contract law, evidence law, constitutional law, arbitration law, company law, taxation law, and more. Some key questions addressed are: - Promissory estoppel against government agencies is decided in which case. - Frustration of contract is provided under which section of the Indian Contract Act. - The minimum compensation payable under the Employees Compensation Act for total permanent disability is Rs. __. - Law laid down under section 73 of the Indian Contract Act relates to which case. - Reference to arbitration is provided under which section of the Arbit

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Swati Shar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

1. Promissory estoppel against Government 8. Who appoints the Commissioner for


agencies is decided in: rehabilitation and resettlement under the
a) Tweedle Vs Atkinson LARR Act?
b) Dutton Vs Poole a) LARR Authority
c) Pournami all Mills Vs State of Kerala b) Minister of Environment and Forests
d) Kedar Nath Vs Gauri Mohamad c) Central Government
2. Frustration of contract is provided by which d) State Government
section of the India contract Act? 9. The payment of compensation to railway
a) Sec. 73 employees by the railway administration for
b) Sec. 70 injuryby accident is governed by:
c) Sec. 2(d) a) The Employees Compensation Act, 1923
d) Sec. 56 b) The payment of Wages Act, 1936
3. Schedule II of the Employees Compensation c) Rights of Persons with Disabilities Act,
Act 1923 deals with 2016
a) Age factor for calculating the amount of d) The Workmen Compensation Act, 1986
compensation 10. The minimum amount of compensation
b) List of persons who are included in the payable under Employees Compensation
definition of ‘Employee’ Act, 1923 in case of total permanent
c) List of occupational diseases disablement of a railway servant due to
d) List of injuries Deemed to Result in accident is Rs .
Permanent Total Disablement a) Rs 80,000/-
4. Freedom of Residence under Article 19 of b) Rs 90,000/-
that Indian Constitution is available in which c) Rs 1,40,000/-
of the following clauses? d) Rs 1,20,000/-
a) Clause (1) (E) 11. Harbouring an offender who has escaped
b) Clause (1) (D) from custody, or whose apprehension has
c) Clause (1) (B) been ordered, if the offence be capital is
d) Clause (1) (C) dealt under
5. Under which section of the Evidence Act, a) Section 215 of IPC
admissions are defined? b) Section 216 of IPC
a) 17 c) Section 217 of IPC
b) 16 d) Section 218 of IPC
c) 15 12. The maxim ‘actus not facit reum nisi mens sit
d) 18 rea’ means
6. In which of the following cases the Supreme a) There can be no crime without a guilty
Court has held that the investigating officer mind
should be allowed to refer to the records of b) Crime has to be coupled with guilty mind
investigation c) Crime is the result of guilty mind
a) State of Karnataka Vs Yarappa Reddi d) In crime intention is relevant, motive is
b) Mohammed Khalid Vs State of West irrelevant
Bengal 13. Law laid down under section -73 of Indian
c) Baburam Vs State of U.P. Contract Act 1872 is related to which of the
d) State of Rajasthan Vs Om prakash following cases:
7. Recovery of Specific Immovable Property a) Hothester Vs De-la-tur
may be obtained by C.P.C within what period- b) Rabinson Vs Devison
a) Within 7 months c) Hedley Vs Baxendal
b) Within 6 months d) Dikinson Vs Dads
c) Within 8 months 14. Reference to the Arbitration is provided in
d) Within 10 months which section of the Arbitration and
Conciliation Act, 1996
a) Section 7
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

b) Section 8 d) Section 2(12)


c) Section 9 22. An advocate is under an obligation to uphold
d) Section 10 the rule of law and ensure that the pubic
15. Under the head subsequent conduct, which justice system is enabled to function at its full
of the following type of conduct would be potential. Any violation of the principle of
material? professional ethic by an advocate is
a) Change of life unfortunate and unacceptable. Ignoring even
b) Evasion of justice a minor violation/misconduct militates
c) Fear, trembling against the fundamental foundation of the
d) All of them public justice system. It was said in-
16. Provisions of Section 10 of CPC are: a) Hikmant ali khan Vs Ishwar Prasad Arya,
a) Directory 1997 3 SCC 131
b) Mandatory b) O.P. Sharma Vs high court of Punjab &
c) None- Mandatory Haryana, (2011) 6 SCC 86
d) Discretionary c) L.D. Jaikwal Vs state of Uttar Pradesh,
17. Constructive res-judicata is contained in (1984) 3 SCC 405
which of the following? d) Shamsher singh bedi Vs High court of
a) Explanation III to Section 11 Punjab & Haryana, (1996) 7 SCC 99.
b) Explanation IV to Section 11 23. Section 8 of the companies act, 2013 contains
c) Explanation VI to Section 11 provision relating to
d) Explanation VIII to Section 11 a) incorporation of company
18. The famous pronouncement of Delhi High b) formation of companies with charitable
Court regarding constitutional validity of objects, etc
section 377 Indian Penal Code reversed by c) effect of registration
Supreme Court in: d) Effect of memorandum and articles.
a) NALSA Vs Union of India 24. The verification of the registered office shall
b) Naz Foundation Vs Government of NCT of be furnished to the registrar within a period
Delhi of incorporation
c) Shabnam Hasmi Vs Union of India a) 30 days
d) Suresh Kaushal Vs Naz Foundation b) 60 days
19. An arbitration proceeding is a: c) 90 days
a) Judicial proceeding d) 120 days
b) Quasi-judicial proceeding 25. Cyber law deals with
c) Administrative proceeding a) All activities concerning the internet
d) None of the above b) IPR
20. What is ad hoc arbitration? c) E-commerce
a) It is a proceeding administered by the d) All of the above
parties themselves, with rules created 26. Health and education cess is applicable to —
solely, for that specific case a) All assesses
b) Parties make their own arrangement with b) All assesses except company
respect to all aspects of the arbitration, c) Individual / HUF
including the laws and rules d) Company only
c) The seal of arbitration, the language, and 27. Contractual Liability arises , where:
the scope and issues to be resolved by a) There is offer and acceptance only.
means of arbitration. b) There is intention to create legal relation.
d) (a) (b) (c) c) There is loss to one party
21. Which of the following Sections of the Civil d) The loss of one party is the gain of other
Procedure Code define the ‘ Mesne Profit’ ? party.
a) Section 2(4) 28. Which of the following sections of the Hindu
b) Section 2(14) Adoption and Maintenance Act, 1956 deals
c) Section 2(6) with “amount of maintenance”?
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

a) Section 21 b) Homes Vs Ashford


b) Section 22 c) Rylands Vs Fletcher
c) Section 23 d) None of the above
d) Section 24 35. The Rule of Last opportunity was Laid
29. In which of the following case the down in :-
Supreme Court First of all made an attempt a) Davies Vs Manh
to look into the question regarding the b) State of A.P. Vs Ranganna
extension of the right to life to the right c) Nugent Vs Smith.
to Health and other Hygienic conditions — d) Kalawati Vs state of HP
a) The Rural Litigation and Entitlement 36. In which of the following cases was it held
Kendra Vs State of Uttar Pradesh. that “the rights conferred under section 25 of
b) M.C Mehta Vs Union of India the Hindu Adoption and Maintenance Act,
c) V. Lakshmipathy Vs State of Karnataka 1956 supersedes any contract to the contrary.
d) F.K. Hussain Vs Union of India. The fact that the date of decree makes no
30. Basel Convention is associated with one of difference”?
the following — a) Surenderabal Vs Suppiah
a) International Trade in Endangered b) Mukesh teli Vs Bharti Teli
species of wild Fauna & flora c) Sesi Ammal Vs Thaiyu Ammal
b) Climate change d) Laxmi Vs Krishna
c) Protection of Ozone layer 37. Any private person may arrest any person
d) The control of transboundary who:
movement of Hazardous waste and a) Commits non-bailable offence in his
their disposal. presence
31. Cyber crime is ________ in nature b) Commits non- bailable offence and
a) Tangible cognizable offence in his presence
b) Intangible c) Commits compoundable offence in his
c) Of mental Violence presence
d) None of the above d) Commits offence in his presence or is a
32. The Hindu Marriage Act, 1955 ________ proclaimed offender
petition in which a decree of restitution of 38. How long a warrant of arrest shall remain in
conjugal rights has been passed to apply to force?
the court for a decree for divorce by showing a) 6 years
that there has been no restitution of conjugal b) 10 years
rights as between parties of marriage for a c) 12 years
period of one year or upwards after passing d) Until executed or cancelled
of the decree. 39. Rate of additional Depreciation will be-----
a) Does not permit any party to that under section 32- Indian Income Tax Act
b) Does not permit the party against whom a) 10 %
the b) 20 %
c) Does permit any party to that c) 15 %
d) Does permit any person related to either d) 30 %
party to that 40. The “Objective Resolution“ adopted by the
33. The offences under the Prohibition of Child constituent assembly on January 22 , 1947
Marriage Act, 2006 are ______. was drafted by
a) Cognizable and bailable a) Jawaharlal Nehru
b) Non cognizable and non-bailable b) Dr. B.R. Ambedkar
c) Cognizable and non-bailable c) Dr. Rajendra Prashad
d) Non cognizable and bailable d) B.N. Rao
34. The rule of Strict Liability is based on the 41. Right to the property was eliminated from
decision in :- the list of Fundamental Rights during the
a) Donoghue Vs Stevenson tenure of
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

a) Indira Gandhi a) Section 5............ Revenue Court


b) Charan Singh b) Section 7............ Provincial Small Causes
c) Rajiv Gandhi Court
d) Morarji Desai c) Section 9............ Pecuniary Jurisdiction of
42. When the accused states, "I will produce the Courts
share which I gave received in such and such d) Section 8............ Presidency Small Cause
robbery" which of the following are not Courts
admissible with regard to Section 25, Indian 48. Under Civil Procedure Code, 1908 “Foreign
Evidence Act? Court” means
I. An admission that there was a robbery a) A court situated outside India
II. An admission that the accused took part b) A court situated outside India and not
in it established under the authority of
III. An admission that he got part of the Government of India
property c) A court situated in India, applying foreign
IV. A statement as to where the property is law
a) I, II and III d) All of the above
b) III and IV 49. Misuse of mechanism of PILs means-
c) II, III and IV a) filing PILs for protection of private
d) All of them interest
43. What is the Period of Limitation for b) filing PILs for oblique motive
expeditious disposal of Suit under Specific c) filing PILs only for publicity
Relief Act 1963: d) All of the above
a) 6 month 50. As per section 53 of IPC, the word “injury”
b) 10 month denotes any harm whatever illegally caused
c) 12 month to any person’s
d) 18 month a) Body
44. A Chief Judicial Magistrate may pass a b) Mind
sentence of imprisonment c) Reputation
a) Not exceeding seven years d) All above
b) Exceeding seven years 51. Which of the following cases can be cured
c) For life under section 465 of the code of criminal
d) None of the above procedure, 1973?
45. What is meant by procedural ultra-vires? a) Entertaining of complaint without
a) It is the non-observance of the complying with section 195 and 340 of
procedural norms by the rule-making the Cr.P.C
authority b) The reading and recording of the
b) It may make the rule ultra vires due to evidence taken in one case into another
non-observance of rule-making authority companion case
and hence become void c) The examination of witness in absence of
c) It means the lacuna in the procedure of the accused
law d) Non Compliance with 235(2)
d) (a) and (b) 52. Which of the following statements hold true
46. The ground of “error of law apparent on the for de nova trials?
face of the record” is connected with which a) Omission or illegality in the procedure
of the writ? even if it does not affect the core of the
a) Quo-warranto case can become a ground for calling de
b) Mandamus nova trials
c) Habeas Corpus b) A de nova trial should be the last resort
d) Certiorari c) the court originally trying the case can
47. Under Civil Procedure Code find the incorrect order de nova trial
match: d) None of these
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

53. The maximum limit of the members of the d) Where there is no fault there is no
state bar council: remedy
a) 15 61. The phrase “file a PIL, ostensibly in public
b) 20 interest but, in fact, to serve personal or
c) 25 private interests” means -
d) None. a) filing PIL for protection of only public
54. Specific Relief Act 1963 contains- interest
a) 6 chapters and 40 Sections b) filing PIL for protection of both public
b) 7 chapters and 42 Sections and private interest
c) 8 chapters and 43 Sections c) filing PIL for protection of only private
d) 8 chapters and 44 Sections interest
55. The Committee which led to the passing of d) filing PIL alleging it to be in public
the Criminal Law (Amendment) Act, 2013 was interest but actually seeking protection
headed by of private interest
a) Justice Dalveer Bhandari 62. Filing of frivolous PILs results in-
b) Justice Altamas Kabir a) increasing backlog of cases
c) Justice J.S. Verma b) wastage of resources
d) Justice A.S. Anand c) lesser availability of time for hearing
56. Under the scheme of Criminal Procedure other genuine cases
Code, non-cognizable offences are: d) All of the above
a) Public wrongs 63. Z, under the influence of madness, attempts
b) Private wrongs to kill X. Is Z guilty of an offence. Has X the
c) Both public and private wrongs same right of private defence which he would
d) None of the above have if Z were sane?
57. A discrimination against a man or a woman, a) Z has not committed any offence as per
only on grounds of _______ would be section 98 of IPC and same right of
violative of Article 15(1) private defence to X if Z is mad
a) Sex b) As per Section 98 of IPC, X has committed
b) Remuneration an offence and no right of private
c) Place of birth defence to X
d) Religion c) Z has committed an offence for not using
58. Admission can be broadly categorised into: his mind
a) Judicial d) None above
b) Extra- judicial 64. The Bond under section 109 Cr.P.C as security
c) Either A and B for good behaviour from suspected person
d) Both A and B can be executed for a period not exceeding:
59. Section 66, Indian Evidence Act lays down: a) Six months
a) A notice must be given before secondary b) Two years
evidence can be received under section c) One year
65 (a), Indian Evidence Act d) Three months
b) Notice to produce a document must be in 65. The maximum limit of Rs. 500 that could be
writing paid to the wife as maintenance under
c) Order XI, Rules 15, of Civil Procedure Section 125 of the Cr.P.C 1973 was removed
Code, prescribes the kind of notice to in:
produce a document a) 1973
d) All of them b) 1989
60. Maxim "Res Ipsa Loquitur" means :- c) 2001
a) The thing speaks for itself d) 2007
b) Where there is right there is remedy 66. The term ‘WIPO” stands for:
c) Where there is remedy there is right a) World Investment policy organization
b) World intellectual property organization
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

c) Wildlife Investigation and Policing 73. A plaint has to be presented to the Court
organization under Order IV, Rule 1 in
d) World institute for Prevention of a) Single copy
organized crime b) Duplicate
67. A Railway servant was killed in a bus c) Triplicate
accident during the course of employment. d) No fixed rule
His family members may claim compensation 74. Omission to give notice under Order XXI. Rule
under 22 will
a) The Motor Vehicle Act a) Render the execution null and void
b) The Employees Compensation Act, 1923 b) Render the execution irregular
c) Both (a) and (b) c) Render the execution voidable
d) Either under (a) OR under (b) d) Not affect the execution
68. “Casting Couch” in Bollywood, the Indian 75. Where a decree is passed against the Union
film industry, is an example of- of India or State for the Act done in the
a) sexual assault official capacity of the person concerned,
b) sexual harassment under section 82 CPC, execution, shall not be
c) both (a) and (b) issued on any such decree unless the decree
d) None of the above remains unsatisfied for a period of
69. According to section 2 of motor vehicles Act, a) 3 months from the date of decree
1988 the term motor cab means any motor b) 6 months from the date of the decree
vehicle constructed or adapted to carry not c) 1 year from the date of the decree
more than d) 2 years from the date of decree
a) 5 passengers or including the driver 76. Protection against arrest and detention in
b) 6 passengers or including the driver certain cases is mentioned in which of the
c) 5 passengers or excluding the driver following Articles of Indian Constitution?
d) 6 passengers or excluding the driver a) Article 21
70. The National Commission of Consumer b) Article 21A
Protection is composed of- c) Article 22
a) 7 members ; d) Article 22A
b) 5 members ; 77. Article 300A of Indian Constitution i.e. Right
c) 8 members ; to property has been inserted in the
d) 6 members ; Constitution by ______
71. On which of the following dates did Hindu a) 44th Amendment Act
Marriage Act, 1955 come into operation? b) 42nd Amendment Act
a) May, 1955 c) 40th Amendment Act
b) June, 1955 d) 51st Amendment Act
c) May, 1955 78. Which of the following sections of the
d) June, 1955 Muslim Personal Law (Shariat) Application
72. Which of the following properties will section Act, 1937 have been repealed/ amended by
30 of the Hindu Succession Act, 1956, section 6 of the Dissolution of Muslim
govern? Marriage Act, 1939?
I. Tarwad a) Section 4
II. Tavazhi b) Section 5
III. Kutumba c) Section 6
IV. Kavaru d) Section 7
V. Illom 79. If a party who obtained an order for leave to
a) I, III, and V amend pleading does not amend the same
b) II, IV and V within how many days, he shall not be
c) I and II permitted to do that without the leave of the
d) All of the above Court
a) Fifteen days
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

b) Fourteen days b) Summons cannot be served on corporate


c) Twenty days entities
d) Thirty days c) Summons are either for appearance or for
80. Punishment of advocates for misconduct has producing a document/thing
been given under section of the Advocate's d) Summons can be served to servants in
Act - 1961 case the person on whose name summons
a) 30 are made cannot be found
b) 32 86. Every person who is a member or a defence
c) 35 service or hold a any civil post under the
d) None Union, holds office during the pleasure of the
81. Under which Section of IPC, Professional _______
Negligence is often invoked against medical a) Prime Minister
professionals in cases alleging professional b) President
negligence? c) Council of Minister
a) 303A d) Both (A) and (B)
b) 304A 87. In case of land acquisition by the Central
c) 302 Government for public-private partnership
d) 305 projects, consent of how many affected
82. A offers a bribe to B, a public servant, as a families is mandated by the LARR Act?
reward for showing A some favour in the a) 60%
exercise of B’s official functions. B accepts b) 70%
the bribe c) 80%
a) A has abetted the offence define in d) 90%
Section 160, IPC 88. A company which is not a domestic
b) A has abetted the offence define in company will pay income tax at
Section 161, IPC the rate of:-
c) A has abetted the offence define in a) 25 %
Section 162, IPC b) 30%
d) A has abetted the offence define in c) 40%
Section 163, IPC d) 20%
83. When Perpetual Injunction may be granted- 89. A company wishes to ensure that no one else
a) Where the defendant is trustee of the can use their logo.
Property for the plaintiff. a) Copy rights
b) Where there is no standard for b) Trade mark
ascertaining the actual damage. c) Patent
c) Compensation in money would not afford d) Industrial designs
adequate relief. 90. The Section of the Arbitration and
d) All of the above. Conciliation Act, dealing with the time of
84. Under Criminal procedure Code 1973, who commencement of arbitral proceeding is
shall record the information of rape being a) Section 20
given by a rape victim? b) Section 21
a) Officer in-charge of the police station c) Section 22
b) Deputy Superintendent of police d) None of the above
c) Officer not below the rank of Sub 91. Amount of deduction under section 24 of The
Inspector Income Tax Act from annual value is —
d) Woman police officer or any Woman a) ½ of Annual Value
officer b) 1/3 of Annual Value
85. Under the provision of the code of criminal c) 3/10 of Annual Value
procedure, 1973 d) 17/10 of Annual Value
a) Summons can be oral
BCI-OCT-21 AIBE-XVI ENGLISH-SET-B

92. The test of reasonableness is not wholly president, agree to serve all or any of the
_______ test and its contours are Fairley needs of the state.
indicated by constitution. Which of the above statements is/are correct?
a) Subjective a) Only I
b) Objective b) Only II
c) Descriptive c) I and II
d) Summative d) None of them
93. The power to enact a law relating to the 98. How many kinds of presumptions are there
citizenship of India is left to ______ under the as classified by the Supreme Court?
provisions of Article 11 of the Indian a) Permissive presumptions or
Constitution. presumptions of facts
a) President b) Compelling presumptions or
b) Council of ministers presumptions of law (rebuttable
c) House of people presumptions)
d) Parliament c) Irrebuttable presumptions of law or
94. Which of the following statement/ conclusive presumptions.
statements is/are false for the purpose of the d) All of them
Hindu Marriage Act, 1955? 99. What is the leading decision in the case of
I. It is assumed that a person who is not Menaka Gandhi Vs Union of India?
Muslim, Santhal, Christian, Jew or Parsi a) Right of hearing
by religion is Hindu b) Separation of powers
II. A person who belongs to Lingayat sub c) Delegated legislation
sect is assumed to be Hindu d) Rule of evidence
III. A person converted who converted to 100. Advocate's act 1961 came into force
another religion needs to follow local on:
ritual/ custom for converting back to a) 19th May, 1961
Hinduism b) 19th April, 1961
a) I only c) 1st May, 1961
b) I and II d) 19th January, 1961
c) III only
d) I and III
95. Provision for settlement of dispute outside
court has been provided under Section..........
of Civil Procedure Code.
a) 91
b) 89
c) 51
d) 151
96. The Indian Evidence Act came into force on
a) 6th October, 1860
b) 1st March, 1974
c) 15th March, 1872
d) 1st September, 1872
97. 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

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