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

51. Section 43A of the Information Technology Act deals with
A. Identity Theft
B. Impersonation.
C. Compensation for failure to protect data
D. Punishment for sending offensive messages

 

52. Section 47(3), Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.
A. This is a judicial function, as the Authority’s decision is based on an official policy.
B. This is a quasi-judicial function, as the Authority’s decision is based on an official policy.
C. This is an administrative function, as the Authority’s decision is based on an official policy.
D. None of the above.

 

53. The doctrine of civil conspiracy was enunciated by the House of Lords in
A. Allen v. Flood
B. Quinn v. Leathern
C. Walsby v. Anley
D. Moghul Steamship Company v. MC. Gregor Gow and Company

 

54. What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immovable property mortgaged?
A. 3 years
B. 12 years
C. 10 years
D. 30 years

 

55. Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?
A. Section 30
B. Section 10
C. Section 40
D. Section 20

 

56. Asymmetric Crypto System’ under Information Technology Act means a system of a secure key pair consisting of a private key for creating a digital signature and
A. a lock to verify the digital signature
B. a public key to verify the digital signature
C. an individual key to verify the digital signature
D. a Government key to verify the digital signature

 

57. A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute suit
A. Friendly
B. Caveat
C. Interpleader
D. Restitution

 

58. Donoughmore Committee Report on Minister’s Powers, 1932, relates to
A. U.S.A
B. England
C. Australia
D. None of the above

 

59. If by imposing solitary confinement there is total deprivation of comraderie (friendship) amongst co-prisoners coming and taking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix, mingle, talk, Share Company with co-prisoners if substantially curtailed would be violative of Article 21 – This was held in the case of
A. D.K. Basu v. State of West Bengal, AIR 1997 SC 610
B. Suni Batra v. Delhi Administration, AIR 1978 SC 1675
C. Kishore Singh v. State of Rajasthan, AIR 1981 SC 625
D. Parmanand Katara v. Union of India, AIR 1989 SC 2039

 

60. Period of limitation for execution of the order of maintenance is from the date on which it becomes due
A. 1 year
B. 5 years
C. 6 years
D. 15 years

 

61. Pick out the case that is popularly called as the Solicitor’s Case.
A. Salem Advocates Bar Association v. Union of India
B. Central Machine Tools Institute v. Dy. Registrar of Trade Unions
C. Ahmedabad Textile Industry s Research Association v. State of Bombay
D. National Union of Commercial Employees v. Industrial Tribunal, Bombay

 

62. Ramu is suffering from disease of the heart. Rahul his heir rushes into his room and shouts in his ear ‘your house has been destroyed by fire’ intending thereby to kill Ramu. Ramu dies of the shock. Here Rahul is liable for the offence of
A. Murder
B. Attempt to murder
C. Culpable homicide
D. Abetment to murder

 

63. Section 6 of the specific Relief Act, 1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by , recover possession thereof, notwithstanding any other title that may be set up in such suit
A. Suit
B. Reference
C. Application
D. Restitution application

 

64. Supreme Court in held irrespective of where the ‘central management and control is exercised’ by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.
A. Bhatia International v. Bulk Trading
B. Corned Chemicals Ltd. v. C. N. Ramchand
C. Shreejee Traco (I) Pvt. Ltd. v. Paperline International Inc
D. TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd

 

65. The Companies Act of 1956 accords recognition only to accounting standards whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and standards.
A. Financing
B. Auditing
C. Business
D. Responsibility

 

66. The Indian who is presently a member of International Court of Justice
A. Justice Bhagwati
B. Justice A. S. Anand
C. Justice Nagendra Singh
D. Justice Dalveer Bhandari

 

67. The National Consumer Dispute Redressal Commission was constituted in the year
A. 1988
B. 1998
C. 1999
D. 2000

 

68. The police officer executing the warrant may use adequate force to access the place where search is to be conducted when
A. A free ingress is not possible
B. The area is in such a nature that problem may arise at any time
C. The occupant of the place is a hardened criminal and there is possibility to escape
D. None of these

 

69. The Standards on Auditing have been accorded legal sanctity in the 2013 Act and would be subject to notification by the
A. NFRA
B. NRFA
C. NARG
D. SEB1

 

70. Which is true of contracts of agency?
A. The relation between the agent and the principal is of a trust
B. The only essence of a contract of agency is the agent’s representative capacity
C. It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations; between that order and third persons that he is an agent
D. None of the above

 

71. Amendments made in the year through the insertion of to the Civil Procedure Code introduced provisions to enable the courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.
A. 1989, Section 98
B. 1990, Section 88
C. 1999, Section 89
D. 2001, Section 88

 

72. An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than
A. 3 months
B. 6 months
C. 1 year
D. 3 years

 

73. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the within a period of days from the date of the order.
A. State Fomm, 30
B. State Tribunal, 30
C. State Commission, 30
D. State Commission, 60

 

74. Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by
A. Austin
B. Starke
C. Arvid Pardo
D. Flugo Grotius

 

75. P and Q agree to commit theft in R’s house, but no theft is actually committed, Here P and Q are guilty of
A. No offence
B. Criminal conspiracy
C. Abetment of conspiracy
D. Abetment by instigation

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