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

76. Which of the following statement is true for loss of confidence by management
a) Even when dismissal or discharge is held to be wrongful, the court may not yet order reinstatement if the employer is able to establish that the workman held a position of trust and there was loss of confidence.
b) Loss of confidence may also be a ground for discharge simpliciter of the workman
c) Both a and b
d) Neither a nor b

 

77. Under the provisions of the Consumer Protection Act, 1986, the period of limitation for tiling complaint before the National Commission is
a) 1 year from the date on which cause of action has arisen
b) 2 years from the date on which cause of action has arisen
c) 3 years from the date on which cause of action has arisen
d) 4 years from the date on which cause of action has arisen

 

78. Grievous hurt under the Motor vehicles Act, 1988 means
a) Grievous hurt as defined in IPC
b) Grievous hurt as defined in medical laws
c) Grievous hurt as detected by medical practitioner
d) none of the above

 

79. A retracted confession
a) can be solely made the basis of conviction
b) cannot be solely made the basis of conviction
c) cannot be solely made the basis of conviction unless the same is corroborated
d) both a and c are correct

 

80. A confession to be inadmissible under section 25 of the act
a) must relate to the same crime for which offender is charged
b) May relate to the same crime for which offender is charged
c) must relate to another crime
d) none of the above

 

81. An unjustified and unexplained long delay on the part of the investigating officer in recording the statement of a material witness would render the evidence of such witness
a) Unreliable
b) Inadmissible
c) inadmissible and unreliable
d) none of the above

 

82. Recording of pre-summoning evidence may be dispensed with under section 200 of Cr. PC.
a) If the complaint is supported by the affidavit of the complainant
b) If the complaint is made in writing by a public servant in the discharge of his official duties
c) both a and b are correct
d) only a is correct but b is incorrect

 

83. Contract without consideration made in writing and registered and made on account of natural love and affection is
a) void
b) reasonable
c) valid
d) unenforceable

 

84. Under the Transfer of Property Act, 1882
a) the salary of a public officer can be transferred
b) the salary of a public officer cannot be transferred
c) public office can be transferred
d) none of the above

 

85. Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee is applicable first, in payment of cost of such recovery. This is the provision of
a) mortgaged debt
b) gift
c) actionable claim
d) lease

 

86. A suit under section 6 of the specific relief act can be brought by
a) a trespasser
b) a tenant holding over
c) a servant
d) a manager

 

87. Injunction cannot be granted in a suit
a) in which the specific performance cannot enforced
b) for breach of negative contract to enforce specific contract
c) for declaration where the plaintiff is in possession
d) neither a, nor b, nor c

 

88. The conciliation proceedings
a) can be used as evidence in any judicial proceedings.
b) can be used as evidence only in Arbitral proceedings.
c) discretion of the judge or arbitrator.
d) Cannot be used as evidence in any judicial or arbitral proceedings.

 

89. The Serious Fraud Investigation Office
a) Takes up cases suo motto
b) Takes up cases for investigation on the basis of application made by the people concerned
c) Takes up cases for investigations referred to it by Central Government
d) all of the above

 

90. Directive Principles are
a) justifiable as fundamental rights
b) justifiable but not as fundamental rights
c) decorative portions of Indian Constitution
d) Not justifiable, yet fundamental in the governance of the country

 

91. Who has the power to dissolve the Lok Sabha
a) President
b) Prime Minister
c) Speaker of Lok Sabha
d) Council of Ministers

 

92. An amendment of the Constitution can be initiated by introduction of Bill for such purpose in
a) Council of States
b) House of People
c) either in council of States or House of people
d) none of the above

 

93. Which of the following is a function of Central Pollution Control Board under the provisions of Section 16 of the Air Prevention and Control of Pollution Act 1981,
a) To carry out and sponsor investigation and research relating to problems of pollution and prevention, control or abatement of pollution.
b) To improve the quality of air
c) Both A and B
d) neither A nor B

 

94. The destruction of fish by use of explosive or by poisoning the water is prohibited by
a) Indian Environment (Protection) Act, 1986
b) The Water (Prevention and Control of pollution) Act, 1974
c) Indian Fisheries Act, 1897
d) The National Green Tribunal Act, 2010

 

95. Section 10 of CPC does not apply
a) when the previous suit is pending in the same court
b) when the previous suit is pending in a foreign court
c) when the previous suit is pending in any other court of India.
d) when the previous suit is pending in a court outside India established by the Central Government

 

96. Principle of Resjudicata is
a) Mandatory
b) Directory
c) Discretionary
d) All the above

 

97. International law is a weak law because
a) It is not enforceable as such, it is not a law but a positive morality
b) There is absence of compulsory dispute settlement mechanisms and independent system of sanctions
c) It only includes States as subjects
d) there is no dependable sources available

 

98. Which of the following territories have been declared as Common Heritage of Mankind Territories
(1) Moon
(2) High seas
(3) Deep sea bed
(4) Antarctica

a) 1,2 and 4
b) l and 3 4
c) 2,3, and 4
d) 2 and 4

 

99. Which of the following is not the objective of the United Nations
a) Maintenance of International peace and security
b) Ensuring respect for treaty obligations
c) Establishment of democratic Governments throughout the world
d) Promotion of better standards of life

 

100. The committee that led to the passing of the Criminal Law Amendment Act, 2013 was headed by
a) Justice Dalveer Bhandari
b) Justice Altamas Kabeer
c) Justice J.S. Verma
d) Justice J.S. Anand

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AIBE IX 9 Previous Question Paper 2016