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

76. Certain tribal forest dwellers were ousted from their forestland by a government agency in order to implement a power project. This ouster was challenged before a court. In light of the principle provided below, what is the court likely to do? Principle The right to life includes the right to livelihood. This right has been used to check governmental action with an environmental impact that threatens to dislocate poor people & disrupt their lifestyle.
A. The court will most likely unconditionally uphold the ouster.
B. The court will most likely direct the closure of the power plant & the return of the forestland to the tribal forest dwellers
C. The court will most likely permit the acquisition of the land only after the government agency agrees to provide certain court-approved facilities to the forest dwellers
D. The court will most likely permit the acquisition of the land; it may not request the government agency to provide certain court approved facilities to the forest dwellers.
E. The court will most likely direct the closure of the power plant & direct government agency to provide certain court-approved facilities to the forest dwellers.

 

77. Under the Arbitration & Conciliation Act, 1996, the rules of procedure for a domestic arbitration
A. Can be chosen by the parties, subject to the requirements of section 18.
B. Can only be set by the arbitral tribunal.
C. Has to be prescribed by a court of competent jurisdiction.
D. Has to be as per the procedure set forth by the New York Convention or the Geneva Convention.
E. Has to be as per the procedure prescribed by the Law Commission.

 

78. In which of the following cases does culpable homicide amount to murder?
A. If the person committing the act that caused death knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, & commits such act without any excuse for incurring the risk of causing death or such injury.
B. If the act that caused death is done with the intention of causing death.
C. If the act that caused death is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused
D. If the act that caused death is done with the intention of causing bodily injury to any person & the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
E. All of the above

 

79. When one party rescinds avoidable contract, it must
A. Perform all its promises contained in the rescinded contract.
B. Return any benefit received under the rescinded contract to the other party.
C. Give a reasonable opportunity to the other party to rectify its mistake.
D. Pay damages to the other party for rescinding the contract.
E. Indemnify the other party for any losses caused by the rescission.

 

80. Hohfield devised a matrix to enable the understanding of specific legal concepts. According to him, which of the following are jural correlatives?
A. Liberty & duty.
B. Privilege & right.
C. Right/claim & duty.
D. Right & no-right.
E. Privilege & liberty.

 

81. H.L.A. Hart defines law as
A. A command of the sovereign, enforceable by sanction.
B. Moral principles that can be discovered by human reason.
C. A union of primary & secondary rules.
D. Rules that are in accordance with reason.
E. Objective moral principles that depend on the essential nature of the universe

 

82. If an offence is classified as a non-bailable offence, it implies that
A. Bail may not be granted
B. Bail may be granted only through exercise of judicial discretion.
C. Bail may be granted unless directed otherwise by the High Court of the concerned State
D. Bail may be granted only if a personal bond is provided to the officer-in-charge
E. Bail may be granted only if a personal bond is provided to a Magistrate & the person agrees to be under house arrest.

 

83. In a disciplinary proceeding before the Medical Council of India, the Chairman of the Disciplinary Committee was the father-in-law of the Respondent. Which of the following statements is the most accurate application of the principle set out below? Principle The standard upon which to adjudge claim of bias is that of ‘reasonable likelihood’, that is, a standard above mere unfounded suspicion.
A. Unless it can be established that the Chairman has displayed bias towards the Respondent in a prior instance, no charge of bias will lie.
B. The relationship between the Chairman & the Respondent gives rise to a reasonable likelihood of bias & therefore the Chairman must be disqualified.
C. The appointment of the Chairman is suspicious given his relationship to the respondent.
D. The Chairman must not be disqualified since allegations against him of bias are mere unfounded suspicions.
E. The Chairman can only be disqualified if he displays bias during the course of the disciplinary proceedings

 

84. On December 5, 2010, Company A enters into a contract with Company B to supply Company B with thousand shirts specially designed for sale on Republic Day. No time for delivery is mentioned in the contract & it is not stated whether time is the essence of the contract. Company A delivers the shirts after the Republic Day celebrations in 2011 are over. Has the contract been validly performed? Principle Time is presumed to be of the essence in the case of commercial contracts. Parties may indicate clearly whether or not time is of the essence in a contract, & this intention would determine whether time is of the essence. If no time for performance is specified, a contract must be performed within a reasonable time.
A. The contract was validly performed as the contract did not expressly State a date for delivery.
B. The contract was not validly performed as time was clearly the essence of this commercial contract & it is reasonable to expect Company A to have delivered the shirts before Republic Day celebrations in 2011.
C. The contract was validly performed as it was not expressly stated that time was of the essence here
D. The contract was not validly performed because Company A did not inform Company B that it would be delivering the shirts after Republic Day celebrations in 2011.
E. The contract was validly performed because this was not a commercial contract, & hence, time was not of the essence

 

85. If a person is intoxicated against his will & commits a crime when he is incapable of knowing the nature of his actions, then he will be
A. Punishable because being intoxicated is also an offence
B. Punishable, if the crime committed is an offence that does not require mens rea
C. Punishable, if the crime committed is an offence punishable with imprisonment for seven years or more
D. Punishable, if the crime involves physical injury to another person.
E. Not punishable under the Indian Penal Code, 1860

 

86. National Park A introduced a rule that read, ‘Due to increased noise & air pollution in the park, no vehicles shall be allowed to enter the park.’ School B wishes to take a tour of the park in a state-of-the- art battery-operated van, which neither causes air or noise pollution. Which of the following statements is the most accurate application of the principle below? Principle When the words of the statute are plain & unambiguous, words must be interpreted as they are without any addition or subtraction.
A. School B may be allowed to tour the park in their battery-operated van as their van does not cause any noise or air pollution.
B. School B may be allowed to tour the park in their battery-operated van if they can provide evidence that their van does not cause air or noise pollution.
C. School B may not be allowed to tour the park at all as children are loud & will disturb the animals in the park.
D. School B may not be allowed to tour the park in their battery-operated van because all vehicles are prohibited from entering the park.
E. School B may be allowed to tour the park in their battery-operated van if the vehicle’s Registration Certificate clearly states that the van is non-polluting.

 

87. During a trial for murder, the prosecutor alleges that the murder weapon is hidden in the house of the accused but his wife is not allowing them into the house What should the prosecution seek from the court to secure the murder weapon? Principle The Code of Criminal Procedure, 1973, empowers the Court & the investigating agencies to perform functions including to summon documents or things & to conduct searches for such documents or things.
A. An order for arrest of the wife
B. An order for judicial custody of the wife
C. An order for appointment of Judicial Committee
D. A search warrant to inspect the accused’s house for the murder weapon.
E. A summons to the wife to present the murder weapon in court.

 

88. D, a national of Country A, is wanted by the authorities of Country B on charges of having been involved in terrorist attacks in Country B. He is seized by Country B’s special forces from his hideout in Country C. The authorities of Country C were not contacted for consent. The correct legal position in international law would be Principle For certain grave crimes, a State is allowed to exercise universal jurisdiction.
A. It is a violation of Country C’s territorial sovereignty.
B. It is not a violation of Country C’s territorial sovereignty owing to the gravity of the crime, which allows for universal jurisdiction.
C. International law does prohibit a State from exercising jurisdiction in respect of any case, which relates to acts that have taken place on its territory by a foreign national.
D. It is a violation of Country A’s sovereignty as Country B did not seek its consent before arresting its national & it is a violation of Country C’s territorial sovereignty as Country B did not seek its consent before seizing D from its territory.
E. It is a violation of Country A’s sovereignty as D was a national of Country A.

 

89. Company A, registered in Mumbai, owns a property in Chennai. The company took a loan from a bank established in Kolkata mortgaging the Chennai property. The company defaulted in repaying the loan & the bank decided to foreclose the mortgage. Which of the following options is most correct Principle According to section 16 of the Civil Procedure Code, 1908, subject to pecuniary jurisdiction, suits’ for foreclosure, sale, or redemption of immovable property must be filed in the court within the local limits of whose jurisdiction the property is located.
A. The courts of Chennai will have exclusive jurisdiction in the foreclosure suit.
B. The courts of Mumbai & Chennai will have jurisdiction.
C. The courts of Mumbai, Kolkata, & Chennai will have jurisdiction.
D. The courts of Mumbai & Kolkata will have jurisdiction.
E. The courts of Mumbai will have exclusive jurisdiction.

 

90. Parties A & B enter into an Agreement for Sale of immovable property. In the recitals portion of the agreement, it is mentioned that A, being the seller, agrees to pay all the relevant taxes to the authorities, including registration charges. However, the operative part to the said agreement contains a clause whereby B, being the purchaser, agrees to pay the registration charges. Who has to pay the registration charges? Principle If the recitals are clear, & the operative part is ambiguous, the recitals govern the construction. If the recitals are ambiguous & the operative part is clear, the operative part must prevail. If both the recitals & operative part are clear, but they are inconsistent with each other, the operative part is to be preferred
A. A has to pay the registration charges as the recitals clearly mention that the relevant taxes to the authorities shall include registration charges.
B. Regardless of what the agreement states, B has to pay the registration charges, as it is the norm that the purchaser shall pay these charges.
C. Regardless of what the agreement states, A has to pay the registration charges, as it is the norm that the seller pays the registration charges.
D. B has to pay the registration charges as the clause in the operative part of the agreement prevails over the recitals.
E. Neither A or B have to pay the registration charge as the conflicting clauses in the agreement cancel each other out.

 

91. Which of the following statements is the least accurate application of the principle set out below? Principle There are two grounds on which discretionary power may be invalidated (i) abuse of discretionary power, & (ii) failure to exercise discretionary power.
A. The decision-maker should correctly understand the scope of her power given by law & must not exceed those limits.
B. Courts do not interfere with the merits of an administrative decision; they are only concerned with examining the decisionmaking process.
C. An authority must not act mala fide or be motivated by bias, malice, or bad faith.
D. An authority must not exercise discretion for a purpose not authorised by law
E. An authority is permitted to pass orders solely on the recommendation of some other person.

 

92. The smoke in fumes from A’s chimney, which were interfering the comfort of B (A’s neighbour), was found to constitute private nuisance. Which of the following options is the most accurate in light of the principle set out below? Principle Remedy for private nuisance is by way of bringing an action for injunctive relief as well as damages.
A. Only an action for damages will lie.
B. Only an action for injunctive relief will lie.
C. Either an action for damages or an action for injunctive relief will lie.
D. Both, an action for damages, & an action for injunctive relief will lie.
E. Neither an action for damages nor an action for injunctive relief will lie

 

93. Which Article of the Constitution of India has been interpreted by the Supreme Court to include the right to a wholesome environment? Principle Enjoyment of life, including the right to live with human dignity encompasses within its ambit the protection & preservation of the environment, ecological balance free from pollution of air & water, & sanitation, without which life cannot be enjoyed.
A. Article 19(l)(a)
B. Article 19(l)(g)
C. Article 246 read with Schedule VII
D. Article 14
E. Article 17

 

94. Company A pays a salary to B in advance for nine months (from January, 2010 to September 2010) in December, 2009. As a result, Company A is unable to pay a salary to C from December, 2009 to March 2010 & paid the salary for these four months in April, 2010. In which assessment years will the salary of B (from January, 2010 to September, 2010) & C (from December, 2009 to March, 2010) be taxable? Principle Salaries are chargeable to tax at the time when they are due or when they are received, whichever is earlier.
A. B’s salary from January, 2010 to September, 2010 will be chargeable in the Assessment Year 2010-11. C’s salary from December, 2009 to March, 2010 will be chargeable in the Assessment Year 2011-12.
B. B’s salary from January, 2010 to March, 2010 will be chargeable in the Assessment Year 2010-11 & B’s salary from April, 2010 to September, 2010 will be chargeable in the Assessment Year 2011-12. C’s salary from December, 2009 to March, 2010 will be chargeable in the Assessment Year 2011-12.
C. B’s salary from January, 2010 to September, 2010 will be chargeable in the Assessment Year 2011-12. C’s salary from December, 2009 to March, 2010 will be chargeable in the Assessment Year 2010-11.
D. B’s salary from January, 2010 to March, 2010 & C’s salary from December, 2009 to March, 2010 will be chargeable in the Assessment Year 2010-11. B’s salary from April, 2010 to September, 2010 will be chargeable in the Assessment Year 2011-12.
E. Both B’s salary from January, 2010 to September, 2010 & C’s salary from December, 2009 to March, 2010 will be chargeable in the Assessment Year 2010-11.

 

95. Company A made sales of bricks, which were supplied from outside a State, to several purchasers within the State. The State levies a tax on these sales. Can the State levy such a tax? Principle A State may not impose, or authorize the imposition of, a tax on the sale or purchase of goods if such sale or purchase takes place outside the State, or in the course of import of the goods into India, or the export of the goods outside India.
A. The State cannot levy such a tax, since the delivery of the bricks within the State was a result of a covenant or an incident of the contract of sale, that the bricks would be supplied in the State from a place outside the State. The sales were, therefore, inter-State sales, & the State cannot levy a sales tax on them.
B. The State cannot levy such a tax, since the delivery of the bricks within the State cannot be considered as a sale occurring within the State; in order that the State can levy such a tax, it is necessary to confirm that the bricks were not imported into India.
C. The State cannot levy such a tax, since there is no provision in the Constitution allowing a State to levy a tax on sales; this power is vested exclusively in the Union Government.
D. The State can levy such a tax, since the sale of the bricks had occurred within the territory of the State; the delivery of the bricks from outside the State would have non-impact on this matter.
E. The State can levy such a tax, since the purchasers were located within the territory of the State; the fact that the seller was outside the State, or that the bricks were being delivered from outside the State, would have no impact on the matter.

 

96. Rule 5 of a delegated legislation claims to derive its authority from section 57 of the delegating Act. However, the Act only has 55 sections. Which of the following statements is the most accurate application of the principle set out below? Principle If a rule is wrongly stated to be framed under a particular provision of a statute, but otherwise falls within the competence of the rule-making authority, wrong labelling will not render the Rule ultra vires.
A. The Rule would be invalid as it is wrongly stated to be framed under a particular provision of the Act.
B. The Rule would not be invalid as it is wrongly stated to be framed under a particular provision of the Act.
C. The Rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act.
D. The Rule would not be invalid even if it is wrongly stated to be framed under a particular provision of the Act, provided that the Rule otherwise falls within the competence of the rule-making authority.
E. The Rule would be invalid if it is wrongly stated to be framed under a particular provision of the Act, even if the Rule otherwise falls within the competence of the rule-making authority

 

97. The crane driver of Company A is negligent at work & loses control of the crane & grievously injures two pedestrians walking on the road. The pedestrians sue Company A for the accident. Which of the following statements is the most accurate application of the principle below? Principle The employer is liable for the tortious act of the employee provided that such wrongful act occurs within the course of the employee’s performance of the employer’s business or orders.
A. A remedy in tort is not available against companies because companies have limited liability, & therefore, the heirs would have to sue the crane driver since he negligently caused the accident.
B. Company A can be sued for employing a negligent driver but would not be vicariously liable for causing grievous injuries to the pedestrians.
C. Company A cannot be held liable for the negligence of the two pedestrians.
D. Company A & the driver are not liable as this was a pure case of accident.
E. Company A would be vicariously liable for the grievous injuries that the crane driver negligently caused to the two pedestrians

 

98. In a Written Statement, which of the following forms of defence is a defendant not permitted to take?
A. A legal defence such as on the maintainability of the suit.
B. A special defence of confession & avoidance
C. Traversal of the facts in the plaint specifically dealing with each allegation of fact.
D. Traversal of the facts in the plaint by giving vague, evasive, or routine denials.
E. Set-off or counter-claim.

 

99. Civil Contractor A entered into an agreement with Architecture Firm B to design a building. Further, all matters in relation to the design of a mall in the same building were sub-contracted to another Architecture Firm C. The contract had a clause titled ‘Arbitration’, under which the Chief Architect of a third Architecture Firm D had the power to remove any difficulties, including with regard to modification of any plans for the mall’s design. The parties sought to get an interim order under section 9 of the Arbitration & Conciliation Act, 1996. Will the parties succeed? Principle Expert determination is the referral of a dispute to an independent third party, who uses its expertise to resolve a dispute. An arbitration agreement must contemplate the existence of a ‘formulated dispute’ as against an intention to avoid future disputes.
A. This is not an arbitration clause, but an expert determination clause, & hence the provisions of the Arbitration & Conciliation Act, 1996 would not apply.
B. An interim order under section 9 would be possible depending upon the circumstances.
C. An interim order will not be possible till the formulation of the decision by the Chief Architect of Architecture Firm D.
D. The clause is unenforceable since only an Arbitral Tribunal can determine such a matter & the court will order the setting up of an arbitral tribunal first.
E. An interim order would be possible but only if consented to by both the parties.

 

100. Company A engages the services of Contractor B to supply it some labourers on contract basis. The appropriate Government subsequently abolishes contract labour in the Industry that Company A is engaged in. In light of the principle below, which of the following options is the most accurate? Principle When the appropriate Government issues a notification under section 10 of the Contract Labour (Prohibition & Regulation) Act, 1970 abolishing contract labour, the employees of the contractor will not automatically be absorbed into the employment of the principal employer if the contract was genuine. If, however, the contract was not genuine, but a mere camouflage, the so-called contract labourers would be deemed to be employees of the principal employer.
A. If the contract between A & B is genuine, then the labourers would be deemed to be employees of A.
B. If the contract between A & B is genuine, then the labourers would be retrenched.
C. If the contract between A & B is not genuine, then the labourers would be deemed to be employees of A
D. If the contract between A & B is not genuine, then the labourers would be deemed to be employees of B.
E. If the contract between A & B is not genuine, then the labourers would be retrenched

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