51. A, a Muslim man, utters in the presence of D & E, ‘I have married myself to B’. at a time when B is absent. On this information being conveyed by D & E to B, B says in their presence, ‘I have accepted.’ Which of the following options is the most accurate in light of the principle set out below? Principle It is essential to Muslim marriages that both proposal & acceptance must be made at the same meeting.
A. Since D & E were present at both meetings, this is a lawful marriage.
B. This will only be a lawful marriage if D & E conveyed the message to B on the same day that A made the utterance.
C. This will only be a lawful marriage if D & E conveyed the message to B on the same day & at the same venue that A made the utterance.
D. This will not constitute a lawful marriage as proposal & acceptance were made at two different meetings.
E. This will constitute a lawful marriage only if D & E are related to both A & B.
52. Which of the following courts may award a sentence of imprisonment for life?
A. A Chief Judicial Magistrate
B. A Court of Sessions.
C. A Chief Judicial Magistrate, subject to confirmation by the Court of Sessions.
D. A Court of a Magistrate of First Class.
E. A Court of a Metropolitan Magistrate
53. Which of the following Statements is least accurate about partnership law in India?
A. The provisions of the Indian Contract Act, 1872 are generally still applicable to partnerships.
B. The mutual rights & duties of the partners of a firm may be determined by contract between the partners.
C. A firm is not a juristic person, or a person in law, but is merely an association of individuals.
D. Liabilities of the firm cannot be enforced against a partner of the firm personally.
E. A partner is an agent of the firm for the purposes of the business of the firm.
54. Which of the following statements is not accurate about the rule regarding part-time employment of an advocate?
A. Part-time employment of an advocate is not permissible at all.
B. An advocate may, with the consent of the Bar Council of the concerned State, be engaged in part-time employment.
C. Advocates must not accept any brief that would conflict with their part-time work.
D. The advocate’s clients approve of the dignity of the advocate’s part-time employment.
E. The advocate’s clients agree to the advocate’s choosing to take part-time employment.
55. A murders his wife & two children & goes to the nearest police station & surrenders & confesses to the crime. Is this statement admissible as evidence against A in court? Principle Under section 26 of the Indian Evidence Act, 1872 no confession made by any person while in the custody of a police officer, unless made in the immediate presence of a Magistrate, shall be proved as against such person.
A. A’s statement is admissible only if it was made to a police officer of the rank of Deputy Superintendent of Police or higher.
B. A’s statement is admissible because this was a voluntary confession & the police employed no force
C. A’s statement is admissible only if it was made to a police officer of the rank of Superintendent of Police or higher.
D. A’s statement is admissible because A was not arrested & in the custody of the police when the confession was made
E. A’s statement is inadmissible because A was in the custody of the police while the confession was made
56. Which of the following statements is the most accurate about a fact in issue?
A. It includes anything, capable of being perceived by the senses, & any mental condition of which any person is conscious.
B. It includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
C. All India Bar Examination, 2011
D. All relevant facts form part of the fact in issue
E. A fact in issue must be the best evidence admitted before the court of law. A fact in issue is a fact that both parties have agreed on.
57. A law makes reference to ‘trustee, guardian, committee, or other person’. Which of the following options is least accurate in relation to the meaning of ‘other person’ in the law? Answer on the basis of the principle provided Principle Where in a statute there are general words following particular & specific words, the general words must be confined to things of the same kind as those specified
A. A person in a position similar to that of a trustee, guardian, or committee
B. A person who is monetarily capable of looking after the ward
C. A person who is not of an unsound mind, such as a trustee, guardian, or committee
D. A person in a similar position to a trustee, guardian, or committee, & who has a similarly vested interest in the property of the ward
E. A person not in a position similar to that of a trustee, guardian, or committee
58. A makes an absolute gift of a house to B, with the direction that B shall reside in it. Which of the following statements is the most accurate application of the principle set out below? Principle Section 11 of the Transfer of Property Act, 1882, stipulates that in the event of a transfer of property where an absolute interest is created in the property by one person in favour of the other, but the terms of transfer direct that such interest be applied or enjoyed in a particular manner, the transferee may enjoy or dispose off the interest as if there is no such condition.
A. The condition is valid & B must live in the house as the house may be forfeited if he does not do so.
B. The condition is valid & B must live in the house so as to act as caretaker to A’s house in the adjoining plot.
C. The condition is void because A has no right to prescribe any conditions.
D. The condition is void & B may or may not live in the house, as per his discretion.
E. The condition is void because the house is in a dilapidated condition.
59. Which of the following statements regarding the right of redemption of a mortgagor is the most accurate?
A. The right of redemption of a mortgagor is exclusively a contractual right.
B. Any clog or fetter on the right of redemption of a mortgagor is voidable at the instance of the mortgagee
C. Any clog or fetter on the right of redemption of a mortgagor is voidable at the instance of the mortgagor.
D. Any clog or fetter on the right of redemption of a mortgagor is null & void.
E. Any clog or fetter on the right of redemption of a mortgagor is valid if the mortgage deed provides for it.
60. ABC Limited has three directors. Director X is also a legal consultant who advises on all the affairs of ABC Limited. Director Y is also the Chief Executive Officer of ABC Limited. Director Z is not connected to ABC Limited in any other way apart from her directorship except that she is also the Chief Executive Officer of the largest customer of ABC Limited. Which of the directors may be termed an independent director? Principle Independent directors are directors who, apart from receiving director’s remuneration, do not have any material pecuniary relationship or transaction with the company, its management or its subsidiaries, which may affect their independence of judgment.
A. Director X, Director Y, & Director Z are all independent directors.
B. Director X & Director Y are independent directors.
C. Director Y & Director Z are independent directors.
D. Only Director Z is an independent director.
E. None of them are independent directors
61. In an arbitration agreement, the arbitrator(s)
A. Have to be appointed by the court.
B. Have to be appointed by the International Chamber of Commerce.
C. Has to be the Chief Justice of the High Court that has jurisdiction.
D. May be decided by the parties.
E. Has to be from a panel approved by the Law Commission of India
62. In which jurisprudential school is the qualitative difference between ‘ought’ & ‘is’ asserted?
A. Inclusive Legal Positivism.
B. Natural Law.
C. Exclusive Legal Positivism.
D. Interpretative theory.
E. Critical theory
63. ABC Limited is a company that was incorporated on January 1, 2011. Which of the following statements is the most accurate application of the principle set out below? Principle A private company can commence business from the date of its incorporation
A. ABC Limited can commence, business from the date of its incorporation.
B. ABC Limited can commence business from the date of its incorporation only in certain circumstances.
C. ABC Limited can commence business before the date of its incorporation.
D. ABC Limited can commence business before the date of its incorporation only in certain circumstances.
E. The principle does not apply to the fact situation.
64. B is a private limited company engaged in the manufacture & sale of shoes & is also one of your clients. A is, one of the legal managers of B. A approaches you & gives you instructions to file a suit for recovery of money on behalf of B against one of its vendors. You know that another legal manager of B, named C, had been authorized in a prior case Is it necessary that you confirm if A is also authorized to give instructions on behalf of B? Principle When you are taking instructions from a client, it is important to check whether the instructions have been given by the authorized or appropriate person.
A. No, it is not necessary to confirm if A is authorized since B is your client; it is only fair to assume that its legal manager would be authorized.
B. Yes, as a matter of rule, it is necessary that you confirm whether A is authorized to give instructions on behalf of B
C. No, it is not necessary. Under law, all legal managers are authorized to represent a private limited company.
D. Since C had been authorized to give instructions on behalf of B, it is only fair to assume that A also will be authorized.
E. It does not matter who is authorized to give instructions. All that matters is who is authorised to represent the company in the suit.
65. B discloses to her advocate A, that she had shot a blackbuck at the national park, & therefore, wants A to defend her. What should A do? Principle An advocate has a duty to refrain from breaching obligations of non-disclosure of privileged & confidential information relating to a client.
A. B has committed a crime & it will be gross injustice to defend her.
B. B’s disclosure to A would be professional communication under the privilege accorded to communication between & advocate & a client, & A must refrain from disclosing this information.
C. A should advise B to confess to the authorities.
D. A should report B’s crime to the authorities as the duty of disclosure does not extend to confessions of crimes committed.
E. None of the above
66. The Code of Criminal Procedure, 1973, deals with procedural aspects of criminal law. An Exception in the Code of Criminal Procedure, 1973, where the proceedings are civil in nature, is a proceeding pertaining to
A. Plea bargaining.
B. Compounding of offences.
C. Appointment of receivers.
D. Search & seizure
E. Maintenance
67. The Limitation Act, 1963 prescribes limitation periods for various kinds of proceedings. For a proceeding which is not specifically provided for in the schedules
A. The period of limitation is five years from the day on which the right to sue or apply accrues.
B. There is no limitation period.
C. The period of limitation is ten years from the day on which the right to sue or apply accrues.
D. The period of limitation is three years from the day on which the right to sue or apply accrues.
E. The period of limitation is as it may be prescribed by a High Court.
68. Assume that the immigration laws of India state that ‘All these persons to whom this Act extends shall have the right of abode in India & shall be free to live in India & to come & go into & from India’. What does ‘come & go into & from India’ signify? Principle The principle of reddendosingulasin- gulis states that where a complex sentence has one subject, & more than one object, the provision is to be read distributively by applying each object to its appropriate subject.
A. It means that the person shall be free to come into India but cannot go from India
B. It means that the person shall be free to go into India & to roam within India.
C. It means that the person shall be free to come into India & to go from India.
D. It means that the person shall be free to go from India but then cannot come back to India.
E. It means that a person who resides in India cannot either come to India or go from India.
69. The restriction on employment imposed by the Bar Council of India Rules on persons who wish to take up the legal profession are
A. They cannot personally engage in any business but they can be a sleeping partner in a firm.
B. While engaged in practice they cannot be fulltime salaried employees of any person, government, firm, corporation, or concern.
C. They cannot be a Director or Chairman of the Board of Directors of a Company where their duties include those of an executive character.
D. They cannot take up any employment without informing the Bar Council of the State on whose roll their name appears.
E. All of the above
70. The General Clauses Act, 1897, provides
A. Only the general clauses that are deemed to be a part of contracts unless the contract expressly provides otherwise
B. A ranking order for different statutes to determine which statute prevails in the event of conflicts between statutes.
C. Only clauses that are deemed to be a part of all arbitration agreements.
D. Only general clauses that are deemed to be a part of all statutes, unless the statute in question expressly provides otherwise
E. Definitions for commonly used words in the Legislation
71. When an interest is created in a property dependent upon a condition what happens if the condition becomes impossible?
A. The condition is deemed fulfilled if it is substantially complied with.
B. The interest fails.
C. The interest is voidable at the option of the transferee.
D. The interest is voidable at the option of the transferor.
E. The interest is irregular
72. An advocate A, writes an article in a popular English daily about his high profile clientele & his experiences as an extremely successful advocate, highlighting his career’s best cases so far. Which of the following options is most accurate in view of the principle below? Principle An advocate should not solicit or advertise his or her work, either directly or indirectly.
A. This amounts to solicitation of work & advocates should not solicit work, directly & indirectly.
B. This is the advocate’s personal experience & therefore, not in violation of the Bar Council of India Rules, 1975.
C. Every citizen has a right of freedom of speech & expression. Therefore, A’s article is not in violation of the Bar Council of India Rules.
D. This is only an article & not an advertisement of A’s work.
E. A’s article is not an advertisement soliciting work as A has not paid to have his article published
73. Section 53 of the Indian Penal Code, 1860 provides five forms of punishment, namely (a) death; (b) imprisonment for life; (c) imprisonment, either rigorous or simple; (d) forfeiture of property; & (e) fine. Imprisonment for life under section 53 means
A. A special type of imprisonment that is neither rigorous nor simple
B. Simple imprisonment for life
C. Rigorous imprisonment for life
D. Judicial custody for life
E. Solitary confinement for life
74. Taking cognizance of an offence under the Code of Criminal Procedure, 1973 means
A. Issue of warrants.
B. Taking judicial notice of an offence
C. Declaring an event to be cognizable or non- cognizable offence
D. Allowing a police office to arrest without warrant in a non-cognizable offence
E. Making an arrest without warrant.
75. ABC Private Limited has ten shareholders who hold 1,000 equity shares each. ABC Private Limited calls a shareholders’ meeting on January 1, 2011 with requisite notice. Only six shareholders attend the meeting. A motion is put to vote to change the name of the company. Four shareholders vote for the resolution & two shareholders vote against the resolution. Which of the following statements most accurately applies the principle set out below to the fact situation above? Principle A special resolution requires the approval of at least three-fourth majority of the shareholders present & voting at a shareholders’ meeting. Matters that must be approved by way of special resolution include amendment to the Articles of Memorandum of Association of a company, change in name of the company’, & to shift the registered office of the company from one State to another.
A. The resolution is not passed as at least five members, that is, fifty per cent, of the shareholders should have voted for it.
B. The resolution is passed as an ordinary resolution as at least three-fourth majority is required for a special resolution.
C. The resolution is passed as a special resolution since at least three-fourth majority voted for the resolution.
D. The meeting was invalidly held since all the shareholders did not attend.
E. The resolution is not passed as it was not unanimously passed
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