AIBE IV 2011 – All India Bar Exam 4 – Previous Question Paper

26. Which important principle of professional ethics did Clerk v. Union States uphold
A. An advocate must uphold the interest of the client, no matter what his personal option is
B. An advocate must maintain confidentiality of any communication made to him during the engagement.
C. An advocate can disclose information if the client makes any communication in furtherance of an illegal purpose
D. An advocate must refrain from fomenting litigation.
E. An advocate has a duty to refrain from a fee arrangement contingent upon the final outcome of the litigation.

 

27. What is a contractual obligation of the parties in relation to transfer of an immovable property commonly referred to as?
A. A covenant.
B. A condition.
C. A consideration.
D. A termination.
E. A cancellation.

 

28. A is a person bom to Indian Christian parents, was baptised at birth, & attended a Christian school. In a conversation with B, however, A claims not to be a Christian. Which of the following options is the most accurate in light of the principle set out below? Principle The Indian Christian Marriage Act, 1872 defines the term ‘Christian’ as a person professing the Christian religion. The term ‘Indian Christian’ includes Christian descendants of native Indians converted to Christianity as well as ordinary converts.
A. A is not a Christian because baptism by itself does not amount to conversion.
B. A is not a Christian because A does not profess the Christian faith.
C. A will cease to be a Christian if A gets married as per Hindu ceremonies & rites.
D. A is Christian regardless of whether she claims not to be one.
E. The religion of A is impossible to determine under the facts provided.

 

29. A is a workman who works at a furnace in a factory. A has a history of previous eye disorders, but despite knowing that, continues to work at the furnace, which results in A completely losing eyesight. Which of the following options is the most accurate application of the principle set out below? Principle Once it is found that the work, which a workman has been doing is to be within the scope of the workman’s employment, the question of negligence, great or small, on the workman’s part is irrelevant in establishing employer’s liability under the Workmen’s Compensation Act, 1923.
A. Regardless of whether it is proven that A was aware that working at a furnace would affect his eyesight, the employer will be liable to compensate A.
B. Since A had a previous history of eye disorders, A is guilty of contributory negligence & the employer will not be liable to compensate A.
C. Unless it is proven that A was aware that working at a furnace would affect his eyesight, A could not be said to have suffered from an injury arising out of an accident & the employer will not be liable to compensate A.
D. Unless it is proven that A was aware that working at a furnace would affect his eyesight, A could not be said to have suffered from an injury arising out of an accident & the employer’s liability to compensate A would be reduced to the extent of A’s contributory negligence.
E. The employer is entitled to sue A for withholding a material medical fact that could prejudice his well being while working at the furnace.

 

30. A is an employee in a firm owned by B. A is required by B to travel to & from work by a bus operated by B’s firm. A is injured when the bus she was travelling in to go to work meets with an accident. Would A be entitled to compensation under the Employees’ State Insurance Act, 1948 (‘the ESI Act’) for an employment injury? Principle Under the doctrine of notional extension, where an obligation is present on a worker to discharge her duty, & she meets with an accident, it is an accident in the course of employment.
A. A would only be so entitled if B were himself driving the bus A was travelling in.
B. A would only be so entitled if B had directed A to travel in that particular bus.
C. A would be entitled to compensation since A’s employment could, in these circumstances, be seen to extend to the transport involved in reaching & leaving work.
D. A would not be entitled at all since the accident was not the bus driver’s fault.
E. A would not be entitled at all since B has no control over the actions of the bus driver

 

31. A held an office under a State Government. A was not entitled to receive any salary or compensation under the terms of office, but was entitled to claim reimbursement of expenses incurred in the course of discharge of A’s duties. The terms of office provided a limit on the expenses that could be incurred, & that would be reimbursed. Later, A stands for election to the State Legislature, & is elected. A member of the opposing party challenges A’s membership in the State Legislature on the ground that A holds an office of profit under the government. Which of the following is most accurate in this case? Principle Article 102 of the Constitution provides that any person who holds an office of profit under the Government of India or the government of any State is disqualified from being chosen as, & for being, a member of either House of Parliament.
A. The challenge will fail, since it should have been raised at the time of election, or when nomination papers were filed, rather than after the elections have been conducted, & A has already become a member of the house.
B. The challenge will fail, since A is not entitled to any salary or compensation under the terms of office. As such, it cannot be said that A. held an ‘office of profit’ under the State Government.
C. The Challenge will succeed, since the challenge was to A’s membership in the house, & can be raised even after the elections are over.
D. The challenge will succeed, since the amount of compensation or allowances paid to A under the terms of office are irrelevant; the reimbursement allowance itself is enough to constitute an ‘office of profit’.
E. None of the above.

 

32. Which provision of the Code of Civil Procedure, 1908 states that no pleading subsequent to the Written Statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except with the leave of the Court, & upon such terms as the Court thinks fit?
A. There is no such provision in the Code of Civil Procedure, 1908 for subsequent pleadings.
B. Order VIII, rule 9 of the Code of Civil Procedure, 1908 provides for subsequent pleadings.
C. Order VII, rule 1 of the Code of Civil Procedure, 1908, which lays down the particulars of a plaint, provides for filing of subsequent pleadings.
D. Subsequent pleadings can be filed by invoking the inherent powers of the Court & there is no provision in the Code of Civil Procedure, 1908 regarding subsequent pleadings.
E. Order II, rule 2 of the Code of Civil Procedure, 1908 provides for subsequent pleadings.

 

33. Which of the following statements is most accurate about the law of evidence?
A. The law of evidence is not procedural law but a substantive law.
B. The law of evidence does not usually apply similarly across civil & criminal proceedings
C. The law of evidence is not codified
D. The normal rule in the law of evidence is that the burden of proving a fact lies on the party who alleges a fact.
E. Hearsay evidence is usually admitted

 

34. A is late in paying the tax for income earned in his business in a particular year, & is charged interest for the period of delay. A had evaded paying tax for 2 years before that year, & a penalty is levied on him for tax evasion. A claims that he is entitled to deduction of the penalty & the interest paid when computing income from business & profession as it was an expenditure incurred wholly because of the business. Is A entitled to deduction of the penalty & interest paid by him? Principle Any revenue expenditure, incurred wholly & exclusively for the purposes of business or profession, is deductible when computing income from business & profession. However, an expenditure incurred by an asses see for a purpose which is either an offence or prohibited by law is not deductible.
A. A is entitled to the deduction of the interest paid when computing his total income but not for the penalty paid.
B. A is not entitled to a deduction of either the penalty or the interest.
C. A is entitled to a deduction of both the penalty & the interest when computing his total income.
D. A is entitled to the deduction of the penalty paid when computing his total income but not for the interest paid.
E. None of the above

 

35. An ex-parte decree implies that
A. The plaintiff was not present in court & hence the decree was passed based on the basis of the plaint & the defendant’s (or his pleader’s) arguments.
B. A decree passed against several parties under a common order.
C. A decree passed without the presence of the defendant (or his pleader) in the court.
D. A decree passed only against one defendant when there are several defendants in a case
E. Dismissal of a suit on ground of being barred by limitation.

 

36. A has murdered her husband. She goes to the police station with the murder weapon & confesses before the police. In view of the principle below, what would be the most correct action for the police? Principle If any person wishes to give his statement or confession in the course of any investigation, such person may do so before a Metropolitan Magistrate or a Judicial Magistrate under section 164 of the Code of Criminal Procedure, 1973.
A. Record A’s statement & make her sign it.
B. Record A’s statement, & make her sign it in the presence of three independent witnesses.
C. Produce A before a Court of Sessions to record her confession.
D. Produce A before a Metropolitan Magistrate or a Judicial Magistrate to record her confession.
E. Produce A before the High Court to record her confession.

 

37. Which of following statements is the most accurate regarding confessions & admissions?
A. Confessions are only made in criminal cases whereas no admissions may be made in civil cases.
B. Admissions are only made in criminal cases whereas confessions may be made in both civil & criminal proceedings.
C. All confessions are admissions, but all admissions are not confessions.
D. Confessions are made only in civil proceedings.
E. None of the above

 

38. A killed B’s parents & was tried for murder. However, A was acquitted for lack of conclusive evidence as C, a key eyewitness, turned hostile during the trial. B now wishes to kill A as ‘punishment’ for causing the deaths of B’s parents. B also wishes to kill C for helping A evade punishment. Which of the following statements is the most accurate application of the principle below? Principle According to J.S. Mill’s ‘harm principle’, the legitimate basis on which society can interfere with the liberty of an individual is to ensure prevention of harm to others.
A. Society now has no legitimate basis to stop B from killing A as it failed to prevent A from killing B’s parents; however, it can prevent B from killing C because C did not directly harm B’s parents.
B. Society has a legitimate basis to stop B from killing A & C because it can interfere with B’s liberty to prevent harm to A & C.
C. Society has a legitimate basis to stop B from killing C; however, according to the ‘doctrine of clean hands, A will not be protected because he is guilty of violating the ‘harm principle’ in the first place.
D. Society has a legitimate basis to attempt to prevent B from killing A & C because B wishes to harm them; however, if B succeeds in killing them despite the society’s preventive measures, society has no legitimate basis to punish B as they failed to punish B in the first place
E. Society has a legitimate basis to stop B from killing A & C because it can interfere with A’s liberty to prevent harm to A & C; however, it can choose not to in order to ensure that A & C do not harm anyone else.

 

39. Which of the following statements about a testatum of a deed is most accurate?
A. This can be described as some matter accepted or agreed upon as a return or equivalent for a promise made
B. This is the clause in the deed containing the receipt of the consideration.
C. This is the witnessing part of a deed containing the intention of the parties.
D. This describes the property or the quantum of interest being conveyed
E. This is in witness of the matters contained in the deed & is usually at the end of the deed

 

40. A, a man, asked B, an adult woman, if he could have sexual intercourse with her. B refused. A brandishes a gun & threatens to kill her neighbours if she does not consent. B gives consent out of fear for the lives of her neighbours & they have sexual intercourse A is charged with rape. In the court, the defence argues that at the time of the sexual intercourse, B had given her consent. Which of the following statements is the most accurate application of the principle below? Principle A man is said to commit ‘rape’ when he has sexual intercourse with a woman under circumstances such that the sexual intercourse is against her will, is without her consent, or is with her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
A. It is not rape because consent was obtained from B.
B. It is not rape because the consent was obtained by a threat to kill other people & not herself or her family.
C. It is not rape but an attempt to rape
D. It is rape as the sexual intercourse was against her will & the consent was given by the threat of killing her neighbours.
E. It is rape but A will not be punished as B had given her consent.

 

41. A, a Hindu, owns only self-acquired property, has a wife B & a brother C. A & B have no children. Which of the following statements is the most accurate application of the principle set out below? Principle If the chance of an heir apparent or relation succeeding to a legacy or similar rights is a bare possibility, then such a right is not transferable as transfer of property.
A. C cannot transfer his right to the property as he only has a bare chance of succession even if he survives B.
B. C can transfer his right to A’s property because the property is self-acquired.
C. C can transfer his right to the property because he has an interest contingent on B’s death.
D. C cannot transfer his right to the property, as his right is a right to future maintenance.
E. C can transfer his right to the properly because A & B have no children who could be heirs apparent to A’s property.

 

42. A sends a letter to B offering to sell two hundred grams of gold at a certain price & requests B to convey his acceptance by post only. B writes a letter accepting A’s offer & hands it over to his peon & asks him to mail it for him. The peon forgets to do so & posts the letter after two days. A day after the letter is posted, A calls B to ask him whether he has replied to his offer & B informs him that he has accepted the offer by post. A receives the letter a couple of days later but opens it only after a week. When was the acceptance of B complete against A? Principle Acceptance of an offer must be communicated to the other person in order for it to be valid. In case of communication by a no instantaneous mode of communication, such as post or email, an acceptance is complete as against the offer or when the acceptor puts it in a mode of transmission outside the control of the acceptor.
A. The acceptance was complete as against A when he handed the letter over to his peon.
B. The acceptance was complete as against A only when the letter reached A.
C. The acceptance was complete as against A only when B informed A of his acceptance over the telephone.
D. The acceptance was complete against A only when the A read the letter.
E. The acceptance was complete as against A when the letter was posted.

 

43. A sought enrolment as an advocate However, having been convicted under sections 411 & 473 of the Indian Penal Code, 1860, A wished to make this known at the time of his enrolment, but found no column in the form that asked for such disclosure. Therefore, he did not disclose his convictions. Does this amount to a violation of the Bar Council of India Rules, 1975? Principle A person seeking enrolment as an advocate has a duty to disclose facts material to his application.
A. A did not commit any mistake as he intended to disclose his conviction but the application form did not require the disclosure.
B. A owed a duty to disclose even if the information is not expressly sought & therefore, the Bar Council of the concerned State may remove him from its rolls after giving him a fair hearing.
C. Since the Bar Council of the concerned State negligently enrolled A as an advocate, it cannot remove A from its rolls.
D. Since A is already enrolled, the Bar Council of the concerned State cannot remove him for its rolls.
E. Both C & D.

 

44. Which of the following is most correct in respect of a Money Bill?
A. Money Bill may only be introduced in the House of the People; once it is passed by the House of the People, it is sent to the Council of States, which may send it back to the House of the People along with its recommendations arid proposed amendments, if any. The House of the People, however, is not bound by such recommendations & proposed amendments.
B. A Money Bill may only be introduced in the Council of States; once it is passed by the Council of States, it is sent to the House of the People, which may send it back to the Council of States along with its recommendations & proposed amendments, if any. The Council of States, however, is not bound by such recommendations & proposed amendments.
C. A Money Bill may be introduced in either House of Parliament; once it is passed by the House in which it is introduced, it is sent to the other House, which may send it back to the House in which it was introduced along with its recommendations & proposed amendments, if any, & the House in which the Money Bill was introduced is not bound by such recommendations & proposed amendments.
D. A Money Bill may be introduced, in either House of Parliament; once it is passed by the House in which it is introduced, it is sent to the other House, which may send it back to the House in which it was introduced along with its recommendations & proposed amendments, if any, & the House in which the Money Bill was introduced is bound by such recommendations & proposed amendments.
E. A Money Bill may only be introduced by a member of the Council of Ministers in either House of Parliament, & need not be sent to the other House Once the House in which it was introduced passes the Money Bill, it is sent directly to the President for the President’s assent, upon receipt of which, it becomes law.

 

45. Which of the following statements about primary & secondary evidence is least accurate?
A. The contents of documents can be proved either by primary or secondary evidence.
B. There are certain prescribed circumstances where secondary evidence can be used to prove a document.
C. Primary evidence affords the greatest certainty of facts in question.
D. Secondary evidence concerning a document may not be provided when the original is found to be inadmissible
E. Section 63 provides an exhaustive definition of secondary evidence

 

46. A, a witness to a murder, files a First Information Report (‘F.I.R.’), but A was in a State of shock & could not record his statement completely. Which of the following statements is the most accurate application of the principle below? Principle An F.I.R. must be viewed in the context of the circumstances within which it was given to the police, & therefore, it may not have all details.
A. The F.I.R. is invalid as A is in a state of shock, & hence, of unsound mind
B. The F.I.R. is invalid because it does not contain all the details of the murder.
C. The F.I.R. is not the sole basis of the trial. A can record his statement with missing details during the trial, but the prosecutor or the defence may cross-question him based on the F.I.R.
D. The F.I.R. must be withdrawn & a second F.I.R. should be prepared
E. A second F.I.R. by another person must be filed before the trial can go ahead

 

47. A transfers some property to B who thereafter set about modifying the said property. Subsequently, A decides to transfer the property to C & notifies B to reverse the modifications & vacate the property. Which of the following options available to B is the most accurate application of the principle set out below? Principle The transferee should, in part performance of the contract, have taken possession of the property, or any part thereof, or if already in possession, should have continued to be in possession in part performance of the contract, & should have done some act in furtherance of the contract.
A. B is protected by the doctrine of part performance & cannot be asked to reverse the modifications & vacate the property.
B. As the contract between A & B was not registered, the transfer was not complete & therefore B must reverse the modifications, at his own cost, & vacate the property.
C. As the contract between A & B was not registered, B need only vacate the property.
D. C can ask B to reverse the modifications & vacate the property.
E. As the contract between A & B was not registered, B must vacate the property but C must reverse the modifications.

 

48. A, B, & C are employees of D, & are workmen for the purposes of the Industrial Disputes Act, 1947 (‘the IDA’). A, B, & C raise an industrial dispute against D in 2005, & a settlement was arrived at in the course of conciliation proceedings in 2006. Subsequently, D employs several other workers including X, Y, & Z. Would the settlement bind X, 1 & Z? Principle Settlements arrived at in the course of conciliation proceedings, or an arbitration award or award of Labour Court or Tribunal bind all parties to an industrial dispute, including present & future workmen & all parties who were summoned to appear in the proceedings.
A. The settlement would bind X, Y, & Z only if they consented to the terms of the settlement.
B. Since the settlement was arrived at by mutual agreement, it binds those who were actually party to the agreement & does not bind X, Y, or Z.
C. The settlement would bind X, Y, & Z whether or not they actually consented to the terms of the settlement.
D. Since this was a settlement arrived at by mutual agreement, it would bind X, Y, & Z whether or not they actually consented to the terms of the settlement.
E. This settlement would never bind X, Y, & Z even with their consent since it was merely a conciliation settlement.

 

49. A, a police officer, is directed by her superior to arrest B. A arrests B’s younger sister, C, in the mistaken belief that she is actually B. Has A committed any offence? Principle A person who has done something that is an offence under the law due to a mistake of facts (and not due to a mistake of law), that led that person to believe in good faith that she was bound by law to do such an act is excused
A. A has committed an offence, since a mistake as to the identity of a person is a mistake of law, & not a mistake of fact.
B. A has not committed an offence, since she was acting under the directions of a superior officer.
C. A has committed an offence as she has disobeyed her superior officer’s order to arrest B when she arrested C.
D. A has not committed an offence, since she had made a mistake of fact in good faith, & not a mistake of law, in arresting C instead of B.
E. A has not committed an offence, since police officers have immunity from prosecution in relation to any act committed in the course of their duties.

 

50. A, a divorcee, applies to a prominent government school in her city for the admission of her child. The child, who is otherwise eligible for admission, is denied admission in the school as his father’s name is not mentioned in the application. The school does not accept the mother as the natural guardian of the child stating that only the father of a minor could be the natural guardian. A moves the Court & claims the decision of the school was discriminatory towards women & deprived mothers of the guardianship rights to their own children during the lifetime of the father. Which of the following statements is the mast accurate application of the principle below? Principle The State is prohibited from discriminating against any citizen on the grounds of religion, race, caste, sex, place of birth, or any of them. However, equal treatment of persons not similarly placed may result in greater discrimination & inequality.
A. A will not succeed as the government, which is empowered to treat persons not similarly situated in a different manner, runs the school.
B. A will not succeed as the father of the child is a natural guardian of the child & she cannot deny his name on the application form.
C. A will succeed as the school’s policy discriminates on the basis of the gender of the parent & incorrectly holds that a mother cannot be a guardian of her child.
D. A will not succeed as equal treatment of the mother & the father will result in greater inequality & discrimination.
E. A will not succeed as a mother & a father are not equally placed & a mother cannot take a father’s place in the child’s life.

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