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

51. Mubara’at under Muslim law refers to
A. Cruelty
B. Ila
C. Divorce at the instance of wife
D. Dissolution of marriage with mutual consent

 

52. The Supreme Court in Selvi v. State of Karnataka held that compulsory brain-mapping & polygraph tests & NARCO analysis were in violation of the following articles of the Constitution.
A. Articles 15 & 16
B. Articles 20 & 21
C. Articles 23 & 24
D. Articles 29 & 30

 

53. According to the theory of ‘social utilitarianism’ as propounded by Ihering
A. law is a means to social ends
B. greatest number of people should get greatest pleasure
C. a balance is to be struck between the competing interests in society
D. the essential body of legal rules is always based upon the social ‘facts’ of law

 

54. Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present & the other filed later, wherein a matter in issue in the subsequently filed suit is directly & substantially in issue in the other & the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit & its proceeding?
A. Section 9
B. Section 10
C. Section 11
D. Section 12

 

55. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per
A. Section 11(2)
B. Section 12
C. Section 12(2)
D. Section 13

 

56. An agency can be terminated by
A. Agreement between parties
B. By renunciation by the agent
C. By completion of business of agency
D. All the above

 

57. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is upto a period of
A. 2 years
B. 5 years
C. 7 years
D. 10 years

 

58. Voluntarily causing grievous hurt to deter public servant from his duty is
A. Cognizable & non-bail able offence
B. Non cognizable & bail able offence
C. Cognizable & bail able offence
D. None of the above

 

59. ‘A tort is a civil wrong for which the remedy is an action for unliquidated damages & which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation’ – Whose Statement is this
A. Winfield
B. Salmond
C. Pollock
D. Griffith

 

60. The contribution payable under the ESI Act in respect of an employee shall comprise of
A. contribution payable by the employer only
B. contribution payable by the employee only
C. contribution payable by government only
D. contribution payable by employer & employee

 

61. ‘Provisions of section 195 of the Code are mandatory & non-compliance of it would initiate the prosecution & all other consequential orders.’ In which case the court upheld so a
A. Kishun Singh v. State of Bihar
B. C. Muniappan v. State of Tamil Nadu
C. State of Karnataka v. Pastor P. Raju
D. None of the above.

 

62. The Second principle of Rule of Law (of A.V. Dicey) relates to
A. Equal protection of the laws
B. Equality before law
C. Dignity of the individual
D. Administrative Courts

 

63. Laws declared by the Supreme Court shall be binding on all courts-mentioned under
A. Article 136
B. Article 141
C. Article 142
D. Article 143

 

64. Under section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than
A. 14 days
B. 21 days
C. 30 days
D. 40 days

 

65. The essence of a contract of agency is the agent’s
A. Power & title to the property that is being dealt with
B. Authority & status of dealing with the trade
C. Representative capacity coupled with a power to affect the legal relations of the principal with third persons
D. None of the above

 

66. Order granting anticipatory bail becomes operative
A. on arrest
B. prior to arrest
C. on passing of the order by the court
D. none of the above

 

67. ‘The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed.’ Whose statement is this?
A. Anson
B. Salmond
C. Lord Black
D. Henderson

 

68. is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests.
A. Arbitration
B. Conciliation
C. Negotiation
D. Expert determination

 

69. Daughter is equated with the son with references to joint family property under
A. Hindu Succession Amendment Act, 1976
B. Hindu Succession Amendment Act, 1978
C. Hindu Succession Amendment Act, 2002
D. Hindu Succession Amendment Act, 2005

 

70. A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued & his consent was caused by Court considered the relationship between the parties to reach the decision.
A. Coercion
B. Estoppel
C. Misrepresentation
D. Undue influence

 

71. A transfers property, of which he is the owner, to B in trust for A & his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, & after his death for A’s second son. Can the interest so created for the benefit of the eldest son take effect?
A. No
B. Yes
C. It is a valid transfer
D. None of the above

 

72. Doctrine of Legitimate Expectation was discussed in the following case
A. M.C. Mehta v. Union of India
B. State of Uttar Pradesh v. Deoman
C. Ramkrishna Dalmia v. Justice Tendolkar
D. Food Corporation of India v. M/s. Kamdhenu Cattle Feed Industries

 

73. Contributory negligence means
A. Inciting others to commit civil wrong
B. Volunteer to pay for the negligence of others
C. Contributing the money or money’s worth for other wrongs
D. The failure by a person to use reasonable care for the safety of either of himself or his property

 

74. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid off to claim for compensation
A. Section 25-0
B. Section 26
C. Section 25C
D. Section 25M

 

75. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?
A. Sections 49 & 50
B. Sections 23 & 24
C. Sections 45 & 46
D. Sections 81 & 82

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