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

51. According to one of the theories of punishment evil should be returned by evil. This theory is called the
a) Reformative Theory
b) Deterrent Theory
c) Preventive Theory
d) Retributive Theory

 

52. Which of the following actions can be taken by a Registrar under section 4 (5) of the Companies Act, 2013
a) He can direct the Company to change it’s name within a period of 6 months after passing an ordinary resolution
b) Take action for striking off the name of the Company from the registrar of Companies
c) Order winding up of the Company on his own accord
d) All of these

 

53. Which of the following are included in the concept of “State” under Article 12
a) Railway Board and Electricity Board
b) Judiciary
c) University
d) All of the above

 

54. The word procedure established by law in Article 21 means
a) that due process of law must be followed
b) A procedure laid down or enacted by a competent authority
c) The same thing as due process of law
d) A law which is reasonable, just and fair.

 

55. Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC
a) can be taken at any stage of the proceedings
b) chould be taken at the earliest possible opportunity or shall be invalid
c) can be taken in appeal or revision for the first time
d) either a or c

 

56. Objection as to the place of suing
a) can only be taken before the court of first instance at the earliest possible opportunity
b) can also be taken before the appellate court for the first time
c) can also be taken before the court of revision for the first time
d) all of the above

 

57. On the retirement, removal or death of a next friend, under Order, XXXII, Rule 10 of CPC, the suit is liable to be
a) Stayed
b) dismissed
c) rejected
d) either a, b or c

 

58. In India which of the following authorities has the power to block websites?
a) CERT-in
b) MCIIPC
c) C-DAC
d) Ministry of IT

 

59. The right to private defence is
a) available under all circumstances
b) available when there is time to have the recourse to the protection of public authorities
c) available when there is no time to have recourse of public authorities
d) All of the above

 

60. Which of the following can be considered retrenchment under the provisions of the Industrial Disputes Act, 1947?
a) Termination due to ill-health
b) Abandonment of job by an employee
c) Termination on account of reaching the age of superannuation
d) None of these

 

61. Which of the following statement holds true regarding imprisonment under the provisions of section 14(3) of he Child Labour (prohibition and Regulation) Act, 1986
a) It may extend to one year.
b) It may extend to two years.
c) It may extend to six months.
d) It may extend to one month

 

62. Onus to prove withdrawl from the Society of the other is on
a) Petitioner
b) Respondent
c) Both a and b
d) Either a or b

 

63. In cases of general offer, for a valid contract
a) the acceptor need not have the knowledge of the offer
b) the acceptor must have the knowledge of the offer before acceptance by performance
c) the acceptor may acquire the knowledge of the offer after the performance of the condition for acceptance
d) knowledge does not matter so long as the condition is performed with or without knowledge

 

64. Under the provision of the Transfer of Property act, 1882, the unborn person acquires vested interest on transfer for his benefit
a) upon his birth
b) 7 days after his birth
c) 12 days after his birth
d) no such provision is made

 

65. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable
a) at the option of creditor so defeated or delayed
b) at the option of debtor
c) at the option of court
d) none of the above

 

66. Where co-judgment debtors are in the position of joint promisors, each is
a) not jointly and severally liable to the decree holder
b) jointly and severally liable to the decree holder
c) jointly liable to the decree holder only
d) severally liable to the decree holder only

 

67. At sight under section 21 of the Negotiable Instruments Act, 1881 means
a) on presentation
b) on demand
c) on coming into vision
d) none of the above

 

68. Section 5 of the limitation act applies to
a) Suits
b) Execution
c) Election petitions
d) None of the above

 

69. Which of the following Companies will have to constitute Corporate Social Responsibility Committee under the Companies Act, 2013
a) A Company having net profit of 2.5 crores in a financial year, a net worth of 300 crores and a turnover of rupees 800 crore
b) A Company having a net profit of 3 crores or more in a financial year, a net worth of 300 crores and a turnover of rupees 600 crore
c) A Company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 1000 crore or more
d) A Company having a net profit of 5 crores or more, a net worth of 500 crores and a turnover of rupees 5000 crore or more

 

70. A disqualified person/heir
a) Transmits an interest to his or her own heir
b) Transmits no interest to his or her own heir
c) May or may not transmit an interest to his or her own heir as per the discretion of the court
d) May only transmit an interest to his or her own heir with the consent of the other heirs.

 

71. In cases in which a specific act confers a discretionary power on an authority
a) The court can direct the manner in which the power is exercised
b) The Court can direct that the power be exercised in accordance with law
c) Both A and B
d) Neither A nor B

 

72. The Bar Council of India Rule which stipulated that persons aged 45 years and above could not be enrolled as advocates was struck down by the Supreme court in
a) E S Reddi vs Bar Council of India
b) Indian Council of Legal Aid and Advise vs Bar Council of India
c) Shanmugam vs Bar Council of India
d) Legal Committee v Bar Council of India

 

73. Which is an incorrect statement
a) An Arbitral award is a contract.
b) An Arbitral award must be in writing and signed
c) An Arbitral award included an interim award.
d) None of the above

 

74. To establish section 34
a) Common Intention must be proved but not overt act is required to be proved.
b) Common intention and overt act both are required to be proved
c) Common intention need not be proved but only overt act is required to be proved.
d) All of the above

 

75. Under the provisions of the Industrial Disputes Act, 1947, the appropriate government can by order in writing
a) Refer the dispute to a Board for promoting a settlement of the dispute
b) Refer any matter appearing to be relevant to the dispute to a court for inquiry
c) both a and b
d) neither a nor b

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