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

76. The provision under CPC that relates to suit by indigent persons –
A. Order 32
B. Order 33
C. Order 34
D. Order 35

 

77. An accomplice is unworthy of credit unless he is corroborated in material particulars is a
A. presumption of fact
B. presumption of law
C. conclusive of proof
D. none of the above

 

78. ‘Passive Euthanasia is permitted in certain cases’ – held in
A. Gian Kaur v. State of Punjab
B. P. Rathinam v. Union of India
C. State of Maharashtra v. Chandraben
D. Aruna Ramachandran Shanbaug v. Union of India

 

79. ‘If an accused is charged of a major offence but is not found guilty there under, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed. ‘ It was so upheld in which case
A. Nalini v. State ofTamilnadu.
B. Shamsher Singh v. State of Punjab
C. State of Himachal Pradesh v. Tara Dutta
D. Sangarabonia Sreenu v. State of Andhra Pradesh

 

80. Adulteration of food or drink intended for sale is punishable under
A. Section 227
B. Section 272
C. Section 273
D. Section 277

 

81. An attachment before judgment order takes away.
A. Right to ownership
B. Right to file suit
C. Power to alienate the property
D. Capacity of execution of a decree.

 

82. Duty of an advocate towards his client is detailed out in which Rules of Bar Council of India
A. 11 to 33
B. 23 to 27
C. 33 to 36
D. 33 to 38

 

83. Under section 41 of the Specific Relief Act, & injunction cannot be granted
A. to restrain any person from applying to any legislative body
B. to restrain any person from instituting or prosecuting any proceeding in a criminal matter
C. to restrain in any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought
D. all of the above

 

84. What persons may be charged jointly & tried together under section 223 of Cr.PC
A. persons accused of the same offence committed in the course of the same transaction
B. persons accused of an offence & persons accused of abetment of or attempt to commit such offence
C. persons accused of different offences committed in the course of the same transaction
D. all the above

 

85. A person appointed by the court to protect, preserve & manage the property during the pendency of the litigation
A. Receiver
B. Preserver
C. Protector
D. Amicus curiae

 

86. Which type of loss are not covered by a contract of indemnity
A. Loss arising from accidents like fire or perils of the sea
B. Loss caused by the promisor himself or by a third person
C. Loss arising by human agency
D. None of the above

 

87. The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under section 9 of the Arbitration & Conciliation Act, 1996. Supreme Court in which case held so
A. Firm Ashok Traders v. Gurumukh Das Saluja
B. M.M.T.C.Ltd. v. Sterile Industries (India) Ltd
C. National Thermal Power Corporation v. Flowmore (P) Ltd
D. Magma Leasing Ltd. v. NEPC Micon Ltd

 

88. Oral accounts of the contents of a document given by some person who has himself, if seen, it is
A. Best evidence
B. Direct evidence
C. Secondary evidence
D. Circumstantial evidence

 

89. The discriminatory aspects of section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the
A. Indian Divorce Amendment Act of 2001
B. Divorce Amendment Act of 2002
C. Indian Divorce Amendment Act of 2006
D. Indian Divorce Amendment Act of 2012

 

90. A seven-member Bench of the Supreme Court unanimously struck down clauses 2(d) of article 323A & clause 3(d) of article 323B of the Constitution relating to Tribunals which excluded the jurisdiction of High Court & Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under article 226 & in the Supreme Court under article 32. This is an integral part of the basic structure of the Constitution. Name the case
A. Kihota Hollohon v. Zachilhu
B. Nagaraj v. State of Andhra Pradesh
C. L. Chandra Kumar v. Union of India
D. Rajendra Singh Rana v. SwamiPrasadMaurya

 

91. Where there are mutual debts between the plaintiff & the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff’s action & it is called as
A. Cross-claim
B. Set-off
C. Cross-demand
D. Cross-decrees

 

92. Equal pay for Equal work – can be enforced Through
A. Articles 14 & 16
B. Article 39
C. Article 309
D. Article 311

 

93. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the Tribunal for winding-up of the company. The petition
A. will succeed
B. will not be admitted
C. is liable to be dismissed
D. will be kept pending till the conditions improve

 

94. Under section 20 of the M.V. Act if a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for
A. Imposing penalty only
B. Punishment only
C. Both punishment & penalty
D. Disqualification under the act

 

95. H.L.A. Hart’s name is associated with the book
A. The Concept of Law
B. Province & Function of Law
C. Social Dimensions of Law
D. Theories of Social Change

 

96. Justice Ramanandan Committee relates to
A. Union-State relations
B. Creamy layer
C. Finance Commission
D. Elections

 

97. ‘The fundamental aim of Legal Ethics is to maintain the honour & dignity of the Law Profession, to secure a spirit of friendly cooperation between the Bench & the Bar in the promotion of highest standards of justice, to establish honourable & fair dealings of the counsel with his client opponent & witnesses; to establish a spirit of brotherhood in the Bar itself; & to secure that lawyers discharge their responsibilities to the community generally.’ Whose statement is this?
A. Chief Justice Coke
B. Chief Justice Bacon
C. Chief Justice Halsbury
D. Chief Justice Marshall

 

98. When a misrepresentation has been made, what are the alternative courses open to an aggrieved
A. He can avoid or rescind the contract
B. He can affirm the contract & insist on the misrepresentation being made
C. He can rely upon the misrepresentation, as a defence to an action upon the contract
D. All of the above

 

99. The three pillars on which foundation of every order of injunction rests
A. Prima facie case, reparable injury & balance of convenience
B. Prima facie case, irreparable injury & balance of convenience
C. Prima facie case, injury with damage & balance of inconvenience
D. Prima facie case, damage without injury & balance of convenience

 

100. Who decides as to which of the several modes he/ she will execute the decree
A. Plaintiff
B. Court
C. Decree-holder
D. Judgment-debtor

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