AIBE VI 2013 – All India Bar Exam 6 – Previous Question Paper

26. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic.
A. Derry v. Peek
B. Birch v. Birch
C. Balfour v. Balfour
D. Donogue v. Stevenson

 

27. Where an enterprise is engaged in a hazardous or inherently dangerous activity & harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly & absolutely liable to compensate all those who are affected by the accident & such liability is not subject to any of the exceptions which operate vis-a-vis the tortuous principle of strict liability. – Held in the case of
A. Francis Caroli v. State
B. PUCL v. Union of India
C. Shriram Food & Fertilizers case
D. State of Punjab v. Mahinder Singh Chawla

 

28. Raghav owes Murli Rs. 10,000. This debt is time barred by the Limitation Act. Even then Murli, promises in writing to pay Raghav Rs. 4,500 on account of debt & signs the document. This contract is
A. Void
B. Enforceable
C. Unenforceable
D. None of the above

 

29. Patent ambiguity in interpreting documents renders it.
A. Curable
B. Incurable
C. Curable & incurable
D. None of the above

 

30. The type of disablement envisaged under the Employees’ Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to a
A. Temporary disablement
B. Permanent partial disablement
C. Permanent total disablement
D. Temporary total disablement

 

31. Any police officer may without an order from a Magistrate & without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section
A. Section 41(a)
B. Section 41(c)
C. Section 41(d)
D. Section 41(e)

 

32. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as
A. Discovery
B. Question Petition
C. Interrogatories
D. Question pamphlet

 

33. Appealable cases the opinion of the High Court in the absence of a question of law & thereby avoids the commission of an error which could not be remedied later on.
A. Review
B. Appeal
C. Revision
D. Reference

 

34. Accepting any other satisfaction than the performance originally agreed is known as
A. reciprocal agreement
B. reciprocal acceptance
C. accord & satisfaction
D. reciprocal accord & satisfaction

 

35. A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947. This was upheld in which case A Miss
A. Sundarambal v. Government of Goa, Daman & Diu
B. Ahmedabad Pvt. Primary Teachers’ Association v. Administrative Officer
C. Secretary, Madras Gymkhana Club Employees ‘ Union v. Management of the Gymkhan A.
D. University of Delhi v. Ramnath

 

36. The statements of dead persons are relevant under which provision
A. Section 13(a)
B. Section 32(4)
C. Section 48
D. Section 49

 

37. Consumer Protection Act was brought into operation in the year
A. 1984
B. 1985
C. 1986
D. 1987

 

38. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. & doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal Code
A. Section 120A
B. Section 120B
C. Section 153A
D. Section 226

 

39. If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be
A. Certiorari
B. Mandamus
C. Habeas Corpus
D. Quo warranto

 

40. A obtains property from Z by saying – ‘Your child is in the hands of my gang & will be put to death unless you send us Rs. 10,000.’ This offence is
A. Dacoity
B. Robbery
C. Extortion
D. None of the above

 

41. The gist of this offence is meeting of minds
A. Section 120A
B. Section 133
C. Section 221
D. Section 340

 

42. ‘The DNA test cannot rebut the conclusive presumption envisaged under section 12 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.’ It was so held in which case
A. Somwanti v. State of Punjab, AIR 1963 SC 151
B. Siddaramesh v. State of Karnataka, (2010) 3 SCC 152
C. Kailash v. State of Madhya Pradesh, AIR 2007 SC 107
D. Shaik Fakruddin v. Shaik Mohammed Hasan, AIR 2006 AP 48

 

43. Limitation period prescribed in filing a suit by a mortgagor to recover possession of immovable property mortgaged
A. 10 years
B. 12 years
C. 20 years
D. 30 years

 

44. ‘Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in respect of such breach of contract should be either such as may fairly & reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it.’ In which case the principle was down so:
A. Clegg v. Hands
B. Frost v. Knight
C. Hadley v. Baxendale
D. Kapur Chand v. Himayat Ali Khan

 

45. A debtor owes several distinct debts to the same creditor & he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question?
A. Section 10 to 12
B. Section 22 of 31
C. Section 55 to 60
D. Section 59 to 61

 

46. A private limited company limits the number of members to
A. 30
B. 40
C. 50
D. 150

 

47. is a suit filed by or against one or more persons on behalf of themselves & others having the same interest in the suit.
A. Joint suit
B. Collusive suit
C. Collective suit.
D. Representative suit

 

48. Compensation to Victims of Crime under Criminal Law relates to
A. Section 331
B. Section 335
C. Section 336
D. Section 357

 

49. Section 9 of the Hindu Marriage Act, 1955 deals With
A. Void Marriages
B. Judicial Separation
C. Grounds of Divorce
D. Restitution of Conjugal Rights

 

50. It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of & this has been overruled in the case of
A. In re Berubari Union; Keshavananda Bharathi v. State of Kerala
B. A.K. Gopalan v. State of Madras; Maneka Gandhi v. Union of India
C. A jay Hasia v. Khalid Mujib; Som Prakash v. Union of India
D. I.C. Golaknath v. State of Punjab; Shankar Prasad v. Union of India

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