AIBE VIII 2015 – All India Bar Exam 8 – Previous Question Paper

26. The presumption of continuance of life is contained in Section ……. of the Evidence Act
A. 107
B. 108
C. 207
D. 115

 

27. When a decree is transferred for execution to another court and if the decree-holder has reasons to apprehend that the judgment-debtor will dispose of the property before it is attached by the other court, he may apply to the court which passed the decree to issue a to attach the property at once.
A. Caveat
B. Restitution order
C. Attachment order
D. Precept

 

28. Which provision of the Negotiable Instruments Act discusses about material alteration of an instrument and its effects
A. Section 77
B. Section 88
C. Section 87
D. Section 78

 

29. A corporate resolution is not an offer unless efforts are made to communicate it. Which case held so
A. Blair v. Western Mutual Benefit Association
B. R. v. Dawood
C. Harvela Investments Ltd. v. Royal Trust Co. of Canada
D. None of the above

 

30. A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as
A. Extra-judicial confession
B. Judicial confession
C. Retracted confession
D. Voluntary confession

 

31. A/An _ _ _ _ _ is one which is drawn by one person and accepted by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.
A. Bills in sets
B. Documentary bill
C. Bearer instrument
D. Accommodation bill

 

32. Chapter dealing with Plea Bargaining, has been inserted by
A. The Criminal Law (Amendment) Act, 1993
B. The Criminal Law (Amendment) Act, 2005
C. The Code of Criminal Procedure (Amendment) Act, 2001
D. The Code of Criminal (Amendment) Act, 1993

 

33. Constitutive and declaratory theories of state relate to
A. Law of the Sea
B. Law of Air space
C. Law of Outer Space
D. State Recognition

 

34. Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies-this was stated in the case of
A. Jespar & Slong v. State of Meghalaya, AIR 2004 SC 3533
B. Vajravelu Mudiliar v. Special Dty Collector, AIR 1965 SC 1017
C. E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555
D. In Punjab Communication Ltd. v. Union of India, 1999 (4) SCC 727

 

35. In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable
A. Possession of certain animals and abnormally dangerous activities
B. Assault and battery
C. Battery and negligence
D. None of the above

 

36. In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language.
A. In Re: Vinay Chandra Mishra
B. Ex-Capt. Harish Uppal v. Union of India
C. Hikmat Ali Khan v. Ishwar Prasad Arya and ors
D. None of the above

 

37. Leading questions can be asked during
A. Re-examination
B. Cross-examination
C. Examination-in-chief
D. None of these

 

38. Peek v. Gurney is a famous case relating to
A. Fraud
B. Mistake
C. Misrepresentation
D. Frustration of contract

 

39. Sections 12-15 of the Limitation Act, 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion?
A. Time during which stay/injunction operated
B. Day on which judgment/order/award is pronounced
C. Time during which the defendant had been out of India.
D. All the above

 

40. The persons taking part in the commission of an offence have been divided into two classes. They are
A. Debtor and holder
B. Principal and abettors
C. Principle and disciples
D. Principal and accessory

 

41. Where territorial jurisdiction of a court is transferred after passing a decree, an execution application may be filed
A. In any court in India
B. In the court which had passed the decree
C. In the Court to which territorial jurisdiction was transferred only
D. In either of the court under (A) or (C)

 

42. A sees B running away from a room and afterwards sees C lying down in a pool of blood in the same room. A’s evidence in as afar as seeing B running away is direct but as far as the murder is concerned, it is a
A. Real evidence
B. Primary evidence
C. Substantial evidence
D. Circumstantial evidence

 

43. As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of
A. The complaint case
B. The case instituted on the police report
C. Both as per the convenience during the trial
D. None of these

 

44. As per the Specific Relief Act, 1963, identify the situation wherein any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court
A. Where the contract is voidable or terminable by the plaintiff;
B. Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
C. Both (a) and (b)
D. None of the above

 

45. Companies Act, 2013 allows the formation of
A. Two persons company only
B. Seven persons company only
C. Two or more persons company only
D. One person company also

 

46. Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions
A. Railway Union v. Registrar of Trade Unions
B. Jay Engineering Works Ltd. v. State of West Bengal
C. ONGC Workmens ‘Association v. State of West Bengal
D. Hanumantha Rao v. Dy. Registrar of Trade Unions

 

47. In State of Karnataka v. Union of India, AIR 1978 SC 68, Appointment of a commission by the Union Government under section 3(1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc. against the Chief Minister and other Ministers of a state was challenged. It was held,
A. Violates federal principle
B. Arbitrary under Article 14
C. Federal Structure is not jeopardized
D. Jurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution

 

48. International Criminal Court is based on
A. Rio Conference
B. Part of U.N. Charter
C. Rome Statute of the International Criminal Court
D. Yugoslavakia Statute of the International Criminal Court

 

49. Point out an example not related to a contract of bailment
A. Leaving luggage in a cloak room
B. Delivering a watch or radio for repair
C. Leaving a car or scooter at a parking stand
D. A shareholder executes an agreement/bond favoring the company thereby agreeing to satisfy the company for any loss caused as a consequence of his own act.

 

50. Section 41B is incorporated into the Criminal Procedure Code on the basis of which of the following decisions
A. Nandini Satpati v. PL. Dani
B. D.K. Basu v. State of West Bengal
C. Sunil Batra v. Delhi Administration
D. Prem Shankar Shukla v. Delhi Administration

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