AIBE XIII Previous Question Paper Dec 2018 – All India Bar Exam

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This is the AIBE 2018 previous question paper.  The answer key for this paper is included in LawMint.com online practice pack.

1. Restrictions may not be imposed on freedoms provided under Article 19(1)(a) on this ground?
a) Defamation
b) Public Order
c) Sedition
d) Security of the state

2. Right guaranteed to citizen only is
a) Article 21
b) Article 20
c) Article 19(1)(a)
d) Article 25

3. President can be removed on the ground of?
a) Proved Misbehaviour
b) Incapacity
c) Violation of Constitution
d) All of the choices

4. The designation ‘Senior Advocates’ is provided under?
a) Section 16, Advocates Act 1961
b) Section 26, Advocates Act 1961
c) Section 6, Advocates Act 1961
d) Section 15, Advocates Act 1961

5. Right to pre-audience is provided by
a) Section 33 of Advocates Act 1961
b) Section 23 of Advocates Act 1961
c) Section 16 of Advocates Act 1961
d) Section 36 of Advocates Act 1961

6. The ‘Contempt of Court’ belongs to?
a) Entry 77 of Union list and entry 14 of State list in the VII schedule of Constitution of India.
b) Entry 70 of union list and entry 40 of state list
c) Entry 67 of Union list and entry 13 of State list
d) None of the choices

7. Who was the Chief justice of India when the Concept of PIL was introduced to the Indian Judicial system?
a) M. Hidayataullah
b) A.M. Ahmadi
c) A.S Anand
d) P.N. Bhagwati

8. The Supreme Court of India issued a number of direction for the prevention of Woman in Various forms of prostitution and to rehabilitate their Children Through various welfare measures an so as to provide them with dignity of person means of livelihood and socio-economic development in the case of
a) Vishaka Vs State of Rajasthan, AIR 1997 Section 3011
b) Gaurav Jain Vs Union of India, AID 1997 Section 3021
c) Delhi Domestic Working women’s Forum Vs Union of India (1998) 1 Section 14
d) Sheela Barse Vs Union of India (1986) 35 Section 596

9. “Hadees” is one of the sources of Muslim law it comprises?
a) Very words of god
b) Words and actions of the prophet
c) Unanimous decision of jurists
d) Analogical decisions

10. Intellectual Property appellate Board is established under which Act?
a) The Copyright Act, 1957
b) The Patent Act, 1970
C) The Trademark Act, 1999
d) The Designs Act, 2000

11. That is the maximum duration within which fast track arbitration must be completed?
a) 6 Months
b) 12 Months
c) 18 Months
d) 24 Months

12. Which one of the following section deals with form of summons?
a) Section 60
b) Section 61
c) Section 62
d) Section 64

13. Under Cr. P.C provisions relating to prosecution of judge is provided under?
a) Section 196
b) Section 197
c) Section 198
d) Section 199

14. A resides at Hyderabad, B at Calcutta and Cat Delhi. A, B and C being together at Allahabad, B and C make a joint promissory note payable on demand, and deliver to A. A may sue B and C?
a) At Allahabad where the cause of action arises.
b) At Calcutta, where B resides.
c) At Delhi, where C resides.
d) All of the choices.

15. Section 25 empowers the supreme court to transfer any suit, appeal or other proceeding?
a) From one High Court to another High Court.
b) From one civil court in court in one state to another civil court in any other state.
c) Both, from one High Court to another High Court and from one civil court in court in one state to another civil court in any other state
d) None of the choices

16. In which of the following cases, can C set-off the claim?
a) A sues C on a bill of exchange for Rs. 500, C alleges that A has wrongfully neglected to insure C’s goods and he is liable to pay compensation.
b) A sues C on a bill of exchange for Rs.500, C holds a decree against A for recovery of debt of Rs.1000.
c) A sues B and C for Rs. 1000, the debt is due to C alone by A.
d) A and B sues C for Rs. 1000, the debt is due to C by alone.

17. The Latin word ‘Res Ipsa Laquitur’ means
a) Things speaks it’s story itself.
b) Where there is consent there is no injury.
c) Both (Things speaks it’s story itself) and (Where there is consent there is no injury)
d) None of the choices

18. In which of the following cases the ‘Principal of common Employment’ was evolved for the first time?
a) Rylands Vs Fletcher
b) Priestley Vs Fowler
c) Ashby Vs White
d) Wagon Vs Mound

19. Disciplinary Committee of Bar Council is Conferred the powers of Civil Court under code of Civil Procedure 1908 by
a) Section 36 of Advocates Act 1961
b) Section 42 of Advocates Act 1961
c) Section 42 A of Advocates Act 1961
d) Section 28 of Advocates Act 1961

20 Which one of the following is a leading case on ‘Injuria Sine Damnum’?
a) Rylands Vs Fletcher
b) Ashby Vs White
c) Donoghue Vs Stevenson
d) All of the choices

21. Which one is leading case on Strict Liability?
a) Alen Vs Flood
b) Rylands Vs Fletcher
c) Borhil Vs Young
d) Donoghue Vs Stevenson

22. Section 66A was invalidated by the Supreme Court of India in
a) Anvar P.V. Vs P.K. Basheer, (2014) 10 SC 473.
b) Shreya Singhal Vs Union of India, AIR 2015 SC 1523.
c) Dr. Prafulla Desai Vs State of Maharashtra, AIR 2003 SC 2053.
d) State (NCT of Delhi) Vs Navjot Sandhu, (2005) 11 SC 600.

23. Environmental impact assessment (EIA) is statutory under?
a) Indian forest act
b) Air act
c) Wildlife protection act
d) Environment protection act

24. When two or more person, by fighting in a public place, disturb the public peace, they are said to commit
a) A riot
b) An affray
c) An assault
d) None of the choices

25. Promotion of “class hatred” in given under?
a) Section 153-A of the I.P.C
b) Section 153-AA of the I.P.C
c) Section 153-B of the I.P.C
d) Section 144-A of the I.P.C

26. The distinction between section 299 and 300 was made clear by Melvill.J in
a) Reg Vs Gorachand Gopee
b) Reg Vs Govinda
c) Govinda Vs Reg
d) Reg Vs Hayward

27. Which of the following is not a Federal feature of any Constitution
a) Written Constitution
b) Double set of Government
c) Rigid Constitutional
d) Single Citizenship

28. Parliament in exercise of its power to amend under Article 368, may not amend
a) Preamble
b) Fundamental Right
c) Supreme Court
d) Basic statement

29. Which article starts with “Subject to public order, morality and health”.
a) Article 14
b) Article 15
c) Article 28
d) Article 25

30. Section 19 of the Hindu Adoption and Maintenance Act 1956 provides for the Maintenance of
a) Wife
b) Parents
c) Widowed daughter-in-law
d) Children

31. Section 30 of the Hindu successions Act, 1956 deals with
a) Woman estate
b) Testamentary Successions
c) Male Successions
d) Female Successions

32. Which one of the following sections of Cr.P.C deals with examination of person accused of rape by medical practitioner.
a) Section 54-A
b) Section 55-A
c) Section 53-A
d) Section 60-A

33. According to section 167 of the Cr.P.C an accused person can be remanded to police custody for not more than.
a) 7 days at one time
b) 30 days at one time
c) 15 days at one time
d) 60 days at one time

34. Which of the following is essential for a valid adoption under the Hindu Marriage Act, 1955
a) Datta homam
b) Actual giving and taking of child
c) Both (Datta homam) and (Actual giving and taking of child)
d) None of the choices

35. Hindu male can adopt a female child, if the difference of age between the two is of more than
a) 15 years
b) 18 years
c) 20 years
d) 21 years

36. Which of the following relations is not dependent under Section 21 of the Hindu Adoption and maintenance Act 1956?
a) Grand Mother
b) Mother
c) Widow
d) Daughter

37. A communication made to the spouse during marriage, under section 122 Indian evidence act
a) Remains privileged even after dissolution of marriage
b) Does not remain privileged after dissolution of marriage only by divorce
c) Does not remain privileged after dissolution of marriage only by death
d) Does not remain privileged in both the cases (after dissolution of marriage only by divorce) and (after dissolution of marriage only by death)

38. Which section of the Indian Evidence act provides that an accomplice is a competent witness
a) Section 114 illustration (B)
b) Section 118
c) Section 133
d) Section 134

39. Which is the subject matter of neighbouring rights protection
a) Performance
b) Dramatic work
c) Geographical indication
d) New varieties and plant

40. Adam Smith has enumerated cannons of taxation which are accepted universally
a) Equality and Certainty
b) Equality, convenience and Economy
c) Equality and Economy
d) Equality, Certainty, Convenience and Economy

41. For the first time in India Income tax law was introduced by Sir James Wilson in the year
a) 1886
b) 1858
c) 1860
d) None of the choices

42. Which one of the following sections of Cr. P.C deals with compoundable offence?
a) Section 319
b) Section 320
c) Section 321
d) Section 324

43. What is the time limit under section 468 of Cr. P.C for taking cognizance
a) One year
b) Two year
c) Three year
d) No limit

44. “Industrial establishment” means
(i) A factory
(ii) A mine
(iii) A plantation
(iv) An industry
(a) (i), (ii), (iii), (iv)
(b) (i), (ii), (iii)
(c) (i) and (ii)
(d) Only (i)

45. Strike should be called only if at least _______ percent of workers are in support of strike.(Fill in the blank)
a) 10
b) 15
c) 20
d) 25

46. Industrial relations cover the following area(s)
i) Collective bargaining
ii) Labour legislation
iii) Industrial relations training
iv) Trade unions
(a) (i)
(b) (i) and (i)
(c) (i), (i) and (ii)
(d) (i), (ii), (ii) and (iv)

47. The term ‘Suit of a Civil Nature’ refers to
a) Private rights and obligations of a citizen.
b) Political, social and religious question.
c) A suit in which principal question relates to caste or religion.
d) All of the choices.

48. The rule of res Sub Judice Implies
a) Where the same subject matter is pending is a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.
b) Where the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on.
c) Where the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on.
d) None of the choices

49. A suit brought by a person to recover possession from a stranger of math (Religious Mutt) property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the math.
a) The second suit will be barred by Res judicata.
b) The second suit will not be barred by Res Judicata.
c) The second suit will be barred by Res sub-Judicata.
d) None of the choices.

50. Which among the following is not an ADR method under section 89 of CPC
a) Mini Trial
b) Judicial settlement through Lok Adalat
c) Conciliation
d) None of the choices

51. What is the maximum number of Conciliators allowed in a conciliations proceeding
a) 1
b) 2
c) 5
d) None of the choices

52. What is the status of a settlement agreement in conciliation proceed
a) Non-binding
b) same as a settlement award
c) Unlike a settlement award
d) None of the choices

53. Under section 118 of the India act, a person in a competent witness if he or she
a) is a major.
b) is not lunatic.
c) is not of extreme old age.
d) is capable of understanding questions put to him and giving rational answers irrespective of age.

54. Which of the following Judgment is irrelevant under section 43 of Indian evidence act
a) Judgement of an insolvency count
b) Judgement of criminal court
c) Judgement of matrimonial court
d) Judgement of probate court

55. Under which section of the Indian evidence act a witness has been given right to refresh his memory?
a) Section 157
b) Section 158
c) Section 159
d) Section 160

56. “Mandamus” May be issued by
a) Supreme court
b) High court
c) District court
d) Both Supreme court and High court

57. The provision for administration tribunals is added by
a) 42nd Amendment
b) 44th Amendment
c) 24th Amendment
d) 43rd Amendment

58. The provision relating to free legal aid is given under
a) Section 301
b) Section 304
c) Section 303
d) Section 305

59. Under which one of the following provisions of Cr.P.C police officer is under an obligation to produce the person arrested before a magistrate within 24 hours of the arrest
a) Section 56
b) Section 57
c) Section 60
d) Section 70

60. Who may record confessional statement under section 164 of the Cr.P.C?
a) Police Officer
b) Judicial officer
c) Both Police Officer and Judicial officer
d) Judicial Magistrate having Jurisdiction only.

61. The provision relating to Plea bargaining is not applicable in following offence.
a) Socio-economic offence
b) Offence against women
c) Both Socio-economic offence and offence against women
d) None of the choices

62. When two or more persons agree to do an illegal act or an act which is not illegal by illegal means such an agreement is designated as
a) Abetment by conspiracy
b) Abetment by Aid
c) Criminal conspiracy
d) Abetment

63. The provisions regarding sedition are given
a) Under section 124 of the I.P.C
b) Under section 124-A of the I.P.C
c) Under section 121-A of the I.P.C
d) Under section 130 of the I.P.C

64. A suit may be dismissed under order IX
i) Where the summons is not served upon the defendant in consequence of the plaintiff’s failure to pay costs for service of summons (Rule 2)
ii) Where neither the plaintiff nor the defendant appears (Rule 3)
iii) Where plaintiff, after summons returned unserved, fail for 7 days to apply for fresh summons (Rule 5)
iv) Where on the date fixed for hearing in a suit, only defendant appears and he does not admit the plaintiff’s claim. (Rule 8)
a) I, II and III
b) I, III and IV
c) I, III and IV
d) All of the choices

65. The Ex-officio chairperson of the council of state is
a) The President
b) Speaker, Lok Sabha
c) Vice President
d) All of the choices

66. Right to property in India is
a) Fundamental Right
b) Constitutional Right
c) Statutory Right
d) Legal Right

67. Which of the following writs means to produce the body of a person
a) Certiorari
b) Quo warranto
c) Prohibition
d) Habeas Corpus

68. Delegated legislation was declared constitutional in
a) Berubari case
b) Re Delhi laws act case
c) Keshvanand Bharti case
d) Maneka Gandhi case

69. A Prospectus which does not include complete particulars of the quantum or price of the securities included therein in known as
a) Shelf Prospectus
b) Memorandum
c) Red Herring Prospectus
d) Issuing house

70. When there is no profit in one year or the profit of a company is not enough to pay the fixed dividend on preference shares, the arrears of dividend are to be carried forward and paid before a dividend is paid on the ordinary shares. This is called
a) Participating preference shares
b) Cumulative preference shares
c) Non-cumulative preference shares
d) Non-Participating preference shares

71. “Industrial dispute” means any dispute or difference between
i) Employers and employers
ii) Employers and workmen
iii) Workmen and workmen
iv) Master and worker
a) (i) and (ii)
b) (iv)
c) (i), (ii),(iii) and (iv)
d) (i), (iii) and (iii)

72. Who among the following cannot transfer an immovable property?
a) Hindu widow
b) Muslim widow
c) Natural guardian of a minor
d) Karta or manager of joint Hindu family

73. The doctrine of ‘Lis pendens’ was explained in the leading case of
a) Bellamy Vs Sabine
b) Cooper Vs Cooper
c) Streafield Vs Streafield
d) Tulk Vs Moxbay

74. X strike ‘A’. ‘A’ is by this provocation excited to violent range. ‘Y’ a bystander intending to take advantage of ‘A’s rage and to cause him kill ‘X’, gives a revolver into ‘A’s hand for that purpose. ‘A’ kills ‘X’ with the revolver
a) A is liable for committing murder and Y is liable for abetting murder.
b) A is liable for committing culpable homicide and Y is not liable.
c) A is liable for committing culpable homicide and Y is liable for abetting culpable homicide not amounting to murder.
d) A is not liable and Y is liable for abetting murder.

75. Right to free Legal Aid was recognised as a fundamental right under act 21 of Indian Constitution in the Case of
a) Hussaainara Khatoun Vs Home Secretary, State of Bihar, Air 1979 SC 1360
b) M.H Hoskot Vs State of Maharashtra, Air 1978 SC 1548
c) Madhu Mehta Vs Union of India 1989 4 SC 1548
d) Rudal Shah Vs State of Bihar 1994 SCC 14

76. In which Country was the concept of PIL originated?
a) United Kingdom
b) United State of America
c) India
d) Australia

77. A question suggesting the answers which the person putting it wishes or expects to receive is called
a) Indecent Questions
b) Leading Questions
c) Improper Questions
d) Proper Questions

78. Option of puberty is a ground of divorce Under Hindu Marriage Act 1955 for
a) Only Husband
b) Only Wife
c) Both Husband and Wife
d) None of the choices

79. Which section of the Hindu Marriage Act 1955 provides that a child from a void marriage would be legitimate?
a) Section 11
b) Section 13(a)
c) Section 12
d) Section 16

80. Which of the following appears to contribute to global cooling rather than global warming
a) Nitrous Oxide
b) Aerosols
c) Methane
d) CFC

81. A and B agree to fence with each other for amusement .This agreement implies the consent of each to suffer any harm which in the course of fencing, may be caused without foul play and if A, while playing fairly, hurts B. A commits no offence. The provision are given under
a) Section 87
b) Section 85
c) Section 86
d) Section 88

82. The provision of the right of private defence are given
a) Under section 96 – 108 of the Indian penal code
b) Under section 94 – 106 of the Indian penal code
c) Under section 96 – 106 of the Indian penal code
d) Under section 95 – 106 of the Indian penal code

83. The parties which cannot be compelled to perform specific performances of contract are provided in which section of Specific Relief Act
a) 27
b) 28
c) 29
d) 30

84. What kind of property is transferable?
a) Pension.
b) Public office.
c) Right to re-entry.
d) Any kind of property if not prohibited by law.

85. Which of the following does not come under the ‘immovable property’ as per the T.P. Act?
a) Sales of a ceiling fan.
b) Right to claim maintenance.
c) Right relating to lease.
d) Easementary right.

86. State of U.P.Vs. Nawab Hussain, 1977 SCR (3) 428 relates to
a) Res Subjudice.
b) Res Judicata.
c) Constructive Res judicata.
d) Deemed Res judicata.

87. X is living in Pune and Y, his brother in Mumbai, X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.
a) The suit may be instituted in Delhi only.
b) The suit may be instituted in Bangalore only.
c) The suit may be instituted either in Delhi or Bangalore.
d) None of the choices.

88. An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore. A Suit to obtain compensation for wrong to the property may be instituted
a) At Bhopal
b) At Indore
c) Either at Bhopal or at Indore
d) None of the choices

89. Under which Section of Income tax Act, 1961 ‘Income of other persons included in Assesses’s total income’
a) 56 – 58
b) 66 – 65
c) 45 – 54
d) All of the choices

90. A period of 12th Months commencing on the 1st day of April of every year is known ________
a) Assessment year
b) Leap year
c) Previous year
d) None of the choices

91. Which Section of the Information technology (amendment) Act, 2008 deals with the validity of contracts formed through electronic means
a) Section 12
b) Section 10 A
c) Section 11
d) Section 13

92. Joint sitting of both Houses of parliament may be called by the?
a) Speaker
b) Chairman
c) President
d) Prime Minister

93. Specific relief______ where the agreement is made with minor (fill in the blanks). LawMint Note: This question is from a previous paper and is not framed clearly.
a) Can get
b) Cannot be given
c) Can release
d) Implemented with law

94. A person entitled to the possession or specific immovable property may res In the manner provided by
a) The code of procedure, Act 1908
b) The Indian registration Act, 1908
c) The Indian Contract Act, 1872
d) The Transfer of property Act, 1882

95. Section 39 of Specific Relief Act deals with
a) Registration of Instrument
b) Cancellation of Instruments
c) Correctness of Instruments
d) None of the choices

96. A “dumb witness” gives his evidence in writing in the open court, such evidence would be treated as
a) Oral evidence
b) Documentary evidence
c) Secondary evidence
d) Primary evidence

97. Under the Indian evidence act, which of the following is not a court
a) Persons legally authorised to take evidence
b) Judges
c) Magistrates
d) Arbitrators

98. Which of the following section of the motor vehicle Act 1988 defines the term ‘Owner’?
a) Section 2 (30)
b) Section 2 (31)
c) Section 2 (25)
d) Section 2 (32)

99. Under Land Acquisition Act, 1894 an industrial concern, ordinarily, employing not less than _____ workmen, owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the Acquisition of such land, be deemed to be a company for the purpose of this part, and the references to company in (sections 4, 5A, 6, 7, and 50) shall be interpreted as references also to such concern. Fill in the blank
a) One Hundred
b) Two Hundred
c) Three Hundred
d) Four Hundred

100. Under Land Acquisition Act, 1894 the expression “Company” means
a) a company as defined in section 3 of the Companies Act, 1956, other than a Government company referred to in clause (cc)
b) a company as defined in section 2 of the Companies Act, 1956, other than a Government company referred to in clause (c)
c) a company as defined in section 1 of the Companies Act, 1956 (1 of 1956) other than a Government referred to In clause (cc)
d) a company as defined in section 6 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (c)

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