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

76. Principles evolved in Hadley v. Baxendale are the basis of Section of the Indian Contract Act.
A. 55
B. 73
C. 74
D. 87

 

77. Section 253 of the Companies Act, 2013 deals with
A. Promoters
B. Memorandum
C. Liability of Directors
D. Determination of Sickness

 

78. The 2013 Companies Act has increased the limit of the number of members in Private Company from 50 to
A. 100
B. 150
C. 200
D. 300

 

79. The Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as ‘Electronic Commerce’ is dealt under
A. Information Technology Act
B. Information Communication Act
C. Information and Communication Technology Act
D. Information and Cyber Space Act

 

80. The judgment in skews the delicate balance, carefully crafted by the Model Law (and enshrined in section 34), between finality of arbitral awards on one hand and permissible judicial review on the other.
A. ONGC v. Saw Pipes Ltd
B. Sundaram Finance v. NEPC
C. Olympus Superstructures Pvt. Ltd. Vijay Khetan
D. Renu Sagar Power Co. v. General Electric Corporation

 

81. The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in
A. S.N. Mukherjee v. Union of India
B. State of Orissa v. Dr. Binapani Dei
C. State of Maharashtra v. Jalgaon Municipal Council
D. Motilal Padampat Sugar Mills Co. Ltd. v. State of U.P

 

82. The Supreme Court observed, Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise – Name the case.
A. Subhash Kumar v. State of Bihar, 1991
B. M.C. Mehta v. Union of India, 1986
C. Union Carbide v Union of India, 1984
D. Rural Litigation and Entitlement Kendra v. State of U.P 1985

 

83. Which Article under the Constitution of India talks about the participation of workers in the management of Industries?
A. 42
B. 43
C. 43A
D. 43B

 

84. Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property
A. 44
B. 45
C. 54
D. 55

 

85. Who was the founder of Analytical School ofLaw?
A. Jhering
B. Bentham
C. John Austin
D. August Comte

 

86. _ _ _ _ of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters’ contribution among other things.
A. Section 26
B. Section 36
C. Section 37
D. Section 38

 

87. A transfers Rs. 500 to his niece C, if she will desert her husband. The transfer is
A. Void
B. Valid
C. Voidable
D. None of the above

 

88. According to The Consumer Protection Act, 1986 what is the limitation period applicable to the three forums in entertaining a complaint
A. 3 years
B. 2 years from which the article was purchased
C. 2 years from the date on which the cause of action has arisen
D. None of the above

 

89. An attempt to acquire sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication – is known as
A. Forgery
B. Phishing
C. Data diddling
D. Salami Attacks

 

90. De minimus non curat lex implies
A. Necessity knows no law
B. Every person is liable for his own acts
C. Trifling acts do not constitute an offence
D. Nothing is an offence which is done in private defense

 

91. Entry No. 22 of the Concurrent List deals with
A. Trade unions and industrial and labour disputes
B. Industrial disputes concerning Union employees
C. Regulation of labour and safety in mines and oil fields
D. Social security and insurance, employment and unemployment

 

92. Identify a case where set off can be pleaded
A. Claim for unliquidated damages
B. Suit for a sum legally non-recoverable
C. Suit for recovery of ascertained sum of money
D. None of the above

 

93. In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting to misconduct.
A. N. G. Dastane v. Shrikant S. Shinde
B. Noratanman Courasia v. M.R. Murali
C. Sambhu Ram Yadav v. Hanuman Das Khatry
D. None of the above.

 

94. It was held by the Supreme Court that noise pollution beyond permissible limits cannot be tolerated, even if such noise was a direct result of and was connected with religious activities in the case of
A. Narmada Bachao Andolan v. Union of India.
B. Rural Enlightenment Kendra v. Union of India
C. Vellore Citizens Welfare Forum v. Union of India
D. Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association

 

95. Original document is the best evidence. Exception to this rule is contained in
A. Indian Evidence Act
B. Criminal Procedure Code
C. Bankers Book Evidence Act
D. None of these

 

96. Talak-e-tafwiz is
A. Triple Talak
B. Improper Talak
C. Talak by delegation
D. Talak by agreement

 

97. The development of the tradition of natural justice into one of natural law is usually attributed to the
A. Stoics
B. Positivists
C. Historical School
D. Analytical School

 

98. There was a contract to supply oil-seeds. But the Government rendered the sale and purchase of oilseed illegal under the Defence of India Rules. Identify the effect.
A. Party at default is held liable
B. Both parties are directed specific performance of the contract
C. Both parties are discharged from the performance of such contract
D. None of the above.

 

99. Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit / autrefois convict
A. Section 300
B. Section 305
C. Section 306
D. Section 311

 

100. Who authored the book The First Principles of Jurisprudence
A. Austin
B. Winfield
C. Salmond
D. Black Stone

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