AIBE VII 2014 – All India Bar Exam 7 – Previous Question Paper

26. Gloucstershire Grammar School case is a leading case to explain the
A. Volenti non fit injuria
B. Injuria non fit volenti
C. Damnum sine injuria
D. Injuria sine damnum

 

27. Under the., Industrial Disputes Act, if the employer terminates the services of an individual workman, any dispute/difference arising out of such termination shall be deemed to be:
A. Individual dispute
B. Industrial dispute
C. Both individual & industrial dispute
D. None of these.

 

28. As per the provisions of the Criminal Procedure Code, the word ‘inspection’ used in section 93(1) (c) refers to
A. Documents only
B. Locality & place
C. Things or documents
D. None of the above

 

29. General Assembly adopted the definition of word Aggression through
A. Resolution 2213, 1982
B. Resolution 3314 XXIX, 1974
C. Resolution 3312 XXXIX, 1973
D. None of the above

 

30. Selvi’s daughter Kavita had married Shivakumar of a different caste against the wishes of her family. Shivakumar was brutally killed in 2004, & Selvi & two others became the suspects. Since the prosecution’s case depended entirely on circumstantial evidence, it sought the court’s permission to conduct polygraphy & brainmapping tests on the three persons. The court granted permission & the tests were conducted. When the results of the polygraphy test indicated signs of deception, the prosecution sought the court’s permission to perform narcoanalysis on the three persons. The magistrate directed the three to undergo narcoanalysis. All of them challenged this decision in the Karnataka High Court, but failed to get relief. They then went in appeal to the Supreme Court. The Court held
A. Compulsory brain-mapping & polygraph tests & narcoanalysis were in violation of Articles 20(3) & 21 of the Constitution.
B. Compulsory brain-mapping & polygraph tests & narcoanalysis were valid under Articles 20(3) & 21 of the Constitution.
C. Compulsory brain-mapping & polygraph tests & narcoanalysis were in violation of Articles 20(1) & 21 of the Constitution.
D. Compulsory brain-mapping & polygraph tests & narcoanalysis were in violation of Articles 14 & 21 of the Constitution.

 

31. Who defines ‘eternal law is the divine order or Will of God which requires the preservation of natural order & forbids the breach of it’?
A. Gregory
B. Ambrose
C. Augustine
D. All the above

 

32. Ex dolo malo oritur actio is
A. No action on an immoral act
B. An action could not prevent a legal right
C. An action arose only when a right infringes
D. None of the above

 

33. The question whether the fundamental rights can be amended under Art. 368 came for consideration first time in
A. Golak Nath v. State of Punjab
B. Shankari Prasad v. Union of India
C. Keshavananda Bharati v. Union of India
D. None of the above

 

34. ‘A State is & becomes an international person through recognition only & exclusively.’ Who stated this?
A. Starke
B. Hobbes
C. Fenwick
D. L. Oppenheim

 

35. Doctrine of election is based on the foundation that a person taking the benefit of an instrument must
A. Bear the burden
B. Not bear the burden
C. Burden is not the subject of election
D. Burden is the subject of election

 

36. Section 82 IPC is an illustration for
A. Presumption of law
B. Presumption of fact
C. Presumption of fact & presumption of law
D. None of the above.

 

37. Section 41B is inserted into the Criminal Procedure Code on the basis of which among the following decisions
A. Nandini Satpathy v. P.L. Dhani
B. D.K. Basu v. State of West Bengal
C. Sunil Batra v. Delhi Administration
D. Prem Shankar Shukla v. Delhi Administration

 

38. A law which violates fundamental rights is not nullity or void ab-initio but becomes only unenforceable, this doctrine is called as
A. Tornado doctrine
B. Doctrine of eclipse
C. Doctrine of 3 points
D. Doctrine of severability

 

39. The concept of ‘privity of contract’ was rejected in
A. Heaven v. Pender
B. Longmeid v. Holiday
C. Winterbottom v. Wright
D. Donoghue v. Stevenson

 

40. Which provision of the Companies Act, 2013 discusses about the issue of bonus shares out of its free reserves or the securities premium account or the capital redemption reserve account, subject to the compliance with certain conditions such as authorization by the article, approval in the general meeting?
A. Section 33
B. Section 36
C. Section 43
D. Section 63

 

41. According to Environmental (Protection) Act of 1986 ‘environmental pollutant’ means
A. any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;
B. any substance present in such concentration as may be, or tend to be, injurious to environment
C. any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to a person
D. any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the society.

 

42. R obtained a sum of Rs. 50,000 from D by putting D in fear of death. Here, R commits
A. Robbery
B. Extortion
C. Cheating
D. Mischief

 

43. Polluter Pays Principle means
A. Polluter should bear the cost of pollution as the polluter is responsible for pollution
B. Polluter may bear the cost of pollution as the polluter may be responsible for pollution
C. Polluter should not necessarily bear the cost of pollution as the polluter may not be responsible for pollution
D. None of the above

 

44. is observed as the World Consumer Rights Day.
A. 11th of March
B. 12th of March
C. 15th of March
D. 16th of March

 

45. Section 3 of Information Technology Act, 2000 which was originally ‘Digital Signature’ was renamed as in ITAA, 2008.
A. ‘Digital & Electronic Signature’
B. ‘Digital Signature & e-Signature’
C. ‘Digital Signature & Electronic Signature’
D. None of the above

 

46. The Fuller/Hart Debate could be summarized as a debate between which two jurisprudential approaches/positions.
A. Positivism & Liberalism
B. Natural Law & Positivism
C. Positivism & utilitarianism
D. Marxism & liberal feminism

 

47. Negotiable claim issued by a bank in return for a term deposit is called
A. Term deposit
B. Share certificate
C. Certificate of deposit
D. Certificate of incorporation

 

48. Which section of the Specific Relief Act, describes temporary Injunction
A. 36
B. 37
C. 45
D. 41

 

49. As per section 19 of the Limitation Act, 1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the
A. Time when suit was filed
B. When the creditor demands
C. When the payment was made
D. None of the above

 

50. The Dural correlative of immunity is
A. Claim
B. Power
C. Disability
D. No claim

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