AIBE IX 2016 – All India Bar Exam 9 – Previous Question Paper

26. The provisions of Arbitration and Conciliation Act 1996 have to be interpreted being uninfluenced by principles underlying under 1940 Act. This observation was laid down in:
a) M.M.T.C. Ltd vs Sterlite Industries (India) Ltd
b) Sunderam Finance ltd. V N.E.P.C. Ltd.
c) Olympus Superstructures Pvt Ltd v. Meera Vijay
d) Orma Impex Pvt Ltd v Nissan Pvt. Ltd.

 

27. Which of the following services cannot be provided to the Company by an auditor appointed under the provisions of the Companies Act, 2013
a) internal Audit
b) Actuarial services
c) Managerial Services
d) All of these

 

28. Under the Wild Life (Protection) Act, 1972, any person who teases an animal in a zoo maybe punished
a) with fine with may extend to 5000
b) with imprisonment which may extend upto 1 year
c) Both A and B
d) Neither A nor B

 

29. The entry on forests and protection of Wild animals and birds was moved from (Blank) to the (Blank) by the 42nd Amendment to the Constitution of India.
Choose from the options below to fill the two (Blank)s.
a) Centre list to State list
b) Centre list to Concurrent list
c) State list to Concurrent list
d) State list to Union list

 

30. Droit des Gens (Law of Nations) 1758 was written by
a) Cornelius van Bynkershoek
b) Emerich de Vattel
c) Richard Zouch
d) Jean Bodin

 

31. State practice for the formation of customary rule includes
1. State actions
2. State claims

a) only 1
b) only 2
c) both 1 and 2
c) neither 1 nor 2

 

32. The Controller of Certifying Authorities in India must maintain a database of the disclosure records of
1. Certifying Authority
2. Cross Certifying Authority
3. Foreign Certifying Authority

a) l and 2
b) 2 and 3
c) 3 and l
d) 1, 2 and 3

 

33. Under section 37 of the I T Act, 2000, the certifying authority can suspend the digital signature certificate if
1. The subscriber is found guilty of malpracise
2. The subscriber is involved in cyber terrorism
3. The subscriber requests for the same
4. In public interest

a) l and 2
b) 2 and 3
c) 3 and 4
d) 4 and l

 

34. In the cases before Cyber Appellate Tribunal, the appellant
a) Cannot appearin person without a legal practitioner
b) Cannot authorize a legal practitioner to appear on his behalf
c) Cannot authorize his officer to appear on his behalf
d) Cannot authorize his relative who is neither his officer nor a legal practitioner to appear on his behalf

 

35. In the light of the Criminal Law Amendment Act, 2013, which of the following statement is/are correct
a) The word “rape” in section 375 of Indian Penal Code, 1860 has been replaced with sexual assault
b) Rape is now a gender neutral offence
c) The amendment has fixed the age for consensual sex as 16 years
d) All the above

 

36. The offence of stalking upon second or subsequent conviction is
a) Non cognizable and Bailable
b) Cognizable and Bailable
c) Cognizable and Non-bailable
d) Non cognizable and Non-bailable

 

37. In kidnapping, the consent of minor is
a) wholly immaterial
b) partly immaterial
c) wholly material
d) partly material

 

38. Under the provisions of the Trade Unions Act, 1926, any person who has attained the age of may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary.
a) 14 years
b) 53 15 years
c) l8years
d) 21 years

 

39. Spurious goods under the provisions oi the Consumer Protection Act, 1986 imply
a) Such goods and services which are of poor quality.
b) Such goods and services which are claimed to be genuine but they are actually not so
c) Such goods and services which might be stolen in nature
d) Such goods and services which are not usable in nature

 

40. Who is liable to pay compensation in case of death or permanent disablement?
a) Owner of the vehicle
b) State Government
c) Driver
d) Insurance Company

 

41. Indian Evidence Act applies to
a) Proceedings before tribunals
b) Proceedings before the arbitrator
c) Judicial proceedings in court
d) Allof the above

 

42. Fact in issue means
a) Fact, existence or non existence of which is admitted by the parties
b) Fact, existence or non existence of which is disputed by the parties
c) Fact, existence or non existence of which is not disputed by the parties
d) All of the above

 

43. In a bailable offence bail is granted as a matter of right
a) By the police officer
b) By the court
c) Both by the police officer and the court
d) either (a) or (b)

 

44. A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance
a) within 6 months of attachment
b) within 2 years of attachment
c) within 3 years of attachment
d) within 1 year of attachment

 

45. The question whether a statement was recorded in the course of investigation is a
a) question of law
b) question of fact
c) mixed question of law and fact
d) question of law or of fact depends on facts and circumstances

 

46. Where the police submits a final report under section 173(2) of Cr. PC for dropping of proceedings to a magistrate, the Magistrate
a) may accept the same
b) may reject the same
c) may reject the same and order further investigation
d) any of th above

 

47. The orders under section 125 of Cr. PC are
a) summary in nature but finally determine the rights and obligations of the parties.
b) summary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil court.
c) Substantive in nature and finally determine the rights and obligations of the parties.
d) Substantive in nature and are not subject to determination of a right of the parties by a civil court.

 

48. A contingent contract based on the specified uncertain events not happening within a fixed time under section 35
a) remains valid even if the event does not happen within that fixed time
b) becomes void at the expiration of the time fixed
C) becomes void if the happening of that event becomes impossible before the expiry of time fixed.
d) bothband.

 

49. If an instrument may be construed either as promissory note or bill of exchange, it is
a) valid instrument
b) an ambiguous instrument
c) a returnable instrument
d) noneoftheabove

 

50. Howls the net worth of a foreign Company calculated for the purpose of Corporate Social Responsibility.
a) The networth will be calculated as per section 198 of Companies Act, 2013
b) It shall be calculated as per section 197 of the Companies Act, 2013
c) It shall be calculated as per section 197 and section 381 of the Companies Act, 2013
d) It shall be calculated as per section 198 and section 381 of Companies Act, 2013

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