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Find out the AIBE XVIII question Paper solutions. Map and Mark your practise for coming AIBE papers by solving past year papers. 

 

Question No Question Answer Reason
1

Who was the Chief Justice of India when the Concept of PIL was introduced to Indian Judicial system.

(a) M. Hidayataullah

(b) A.M. Ahmadi

(c) A.S Anand

(c) P.N Bhagwati

d  
2

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 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 AIR 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

b  
3

Under section 118 of the Indian Evidence Act, a person is 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.

b Section 118 of Indian Evidence Act states —All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
4

Which of the following judgement is irrelevant under section 43of Indian Evidence Act

(a) Judgement of an insolvency court

(b) Judgement of Criminal Court

(c) Judgement of Matrimonial court

(d) Judgment of Probate court

b Section 43 states that judgement, decree or order other than those mentioned in section 40, 41 and 42 are irrelevant. So section 41 is relevant Section 41 states that final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction is relevant. So, the remaining option left is Judgement of Criminal Court.
5

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

c Section 159 of Indian Evidence Act- The Court permits the witness to refer a copy of the document to refresh his memory.
6

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.

c Article 19 (1)(a) states that all the citizens shall have the right to freedom of speech and expression. Article 19(2) states that reasonable restrictions shall be imposed on the right granted under Article 19(1)(a) in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Sedition is not mentioned as a ground in 19(2) on which restriction is imposed.
7

Right guranteed to Citizen only is

(a) Article 21

(b) Article 20

(c)Article 19(1)(a)

(d) Article 25

c Article 19 gurantees rights only to citizens
8

President can be removed on the ground of?

(a) Proved Misbehaviour

(b) Incapacity

(c) Violation of Constitution

(d) All of the above

c The only ground for this impeachment is “violation of the constitution” according to Article 61 of the Constitution of India
9

the latin word ‘Res Ipsa Loquitur means :

a) Things speaks it’s story itself.

(b) where there is consent there is no injury

(c) Both (a) and (b)

(d) None of the above

a In the common law of torts, res ipsa loquitur (Latin for “the thing speaks for itself”) is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.
10 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 b  
11

When two or more persons agrees 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

c This is the definition of criminal conspiracy under section 120A of IPC
12

The provisions regarding sedition are given:

(a) Under Section 124 of the I.P.C

(b) Under section 124-A of I.P.C

(c) Under Section 121-A of I.P.C

(d) Under Section 130 of I.P.C

b sec 124A of IPC deals with Sedition
13

Delegated Legislation was declared constitutional in?

(a) Berubani Case

(b) Re Delhi laws act case

(c) Keshwarnand Bharti Case

(d) Maneka Gandhi Case

b  
14

A prospectus which does not include complete particulars of the quantum or price of the securities included therin in knowns as:

(a) Shelf Prospectus

(b) Memorandum

(c) Red Herring Prospectus

(d) Issuing House

c Red Herring Prospectus is a prospectus, which does not have details of either price or number of shares being offered, or the amount of issue.
15

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 divident 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 prefernce shares

(c) Non-cumulative preference share

(d) non-participating preference shares

b Cumulative Preference Shares- When unpaid dividends on preference sharesare treated as arrears and are carried forward to subsequent years, then suchpreference shares are known as cumulative preference shares.
16

“Industrial Dispute” means ay dispute 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, II and III

d According to Section 2 (k) of the Industrial Disputes Act, 1947, the term ‘industrial dispute’ means “any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen
17

A “Dumb witness” given 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

a A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence.
18

Under the Indian Evidence Act, which of the following is not a court

(a) person legally authorised to take evidence

(b) Judges

(c) Magistrates

(d) Arbitrators

d Sec 3 of Indian Evidence act- “Court”.––“Court” includes all Judges
and Magistrates
and all persons, except arbitrators,
legally authorized to take evidence.
19 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) a Section 2(30) of the Motor Vehicles Act, 1988 indicates that the person in whose name a motor vehicle is registered is the owner
20

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 errection of dwelling houses for workmen employed by the concern or for the provision of amenties 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, adn the references to comapny in {Sections 4, 5A, 6, 7 and 50} shall be interpreted as reference also to such concern. Fill in the blanks:

(a) One Hundred

(b) Two Hundred

(c) Three Hundred

(d) Four Hundred

a Refer section 38A of Land Acquisition Act, 1894
21

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 Goverment Company referred to in clause(cc);

(b) a company as defined in Section 2 of the companies act, 1956, other than a Government Compnay 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 comapnies act, 1956 (1 of 1956), other than a Governmental company referred to in clause(c)

a Section 3(e)(i) of Land Acquisition Act, 1894 a company means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc)
22

A person entitled to the possession of specific immovable property may recover 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

a Section 8 of Specific Relief act- A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure
23

Section 39 of the Specific relief act deals with-

(a) Registration of Instrument

(b) Cancellation of Instruments

(c) Correctness of Intruments

(d) None of Above

d Sec 39 in Specific Relief Act, deals with Mandatory Injunctions.
24

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

a  
25

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

b Sec 23 of Advocates act lays down provisions for the right of pre-audience.
26

The ‘Contempt of Court’ belongs to

(a) Entry 77 of Union List entry 14 of state list and schedule VII 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 above

d Entry 77 of Union list deals with Contempt of Court but no other option deals in relation to the state list.
27

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

C section 19 Hindu Adoption and Maintenance Act, 1956
28

Section 30 of the Hindu Succession Act,1956 deals with

(a) Women Estate

(b) Testamentary Succession

(c)Male Succession

(d) Female Succession

B Section 30 of Hindu Succession Act, 1955
29

Industrial Establishment means (i) A factory (ii) A mine (iii) A plantation (iv) An industry –

a) (i), (ii), (iii) and (iv)

b) (i), (ii) and (iii)

(c) (i) and (ii)

(d) Only (i)

A Section 2(i) of payment of wages Act, 1936
30

Strike should only be called if atleast…… percent of workers are in support of the strike. ( Fill in the Blanks)

a) 10

b) 15

c) 20

d) 25

A in the respective section dealing with the strike any number of people is stated thus among these options 10 is the smallest.
31

Industrial relation cover the following areas.i) Collective Bargaining ii) Labour Legislation iii) Industial relation training iv) Trade Unions

a) (i)

b) (i) and (ii)

c) (i), (ii) and (iii)

d) (i),(ii),(iii) and (iv)

C  
32

Who among the following cannot transfer the immovable property:

a) Hindu

b)Muslim

c) Natural guardian of a Minor

d) Karta or managerof Hindu joint family

C Section 8 in The Hindu Minority and Guardianship Act, 1956
33

The doctrine of Les Pendens was explained in the following case :

a) Bellamy v. sabime

b)cooper v.cooper

c)Streatfised v. streafield

d) Tulk v. Moxbay

A The principle is explained in Bellamy v. Sabine, (1857) 1 Dec. & 566, where Turner, L.S said, it that doctrine rests upon this foundation that, it would plainly be impossible that any action or suit could be brought to a successful termination if alienations pendente lite were to allowed prevail. The plaintiff would be liable in every case to be defeated by the defendants, alienating before the judgment or decree and would be driven to commence his proceeding de novo subject again to the same course of proceeding.”
34 The term of civil suit of nature refers to : a) Private rights and obigation of a citizen b) Political ,social and religious questions c) A suit in which the principle question relates to caste or religion. d) All of the above A  
35

The rule of res Sub-Judice implies:

a) Where the same subject matter is pending in a court of law for the adjucation of matter between the same parties.

b)Where the same subject matter is pending the court of law for adjudication of matter between the different parties theother court is barred to entertain the case as long as the first suits goes on.

c) Where the different matter is pending in the court of law for the adjucation between the same parties, the othercourt is barred to entertain the case as long as the first suit goes on

d) none of the above

A Subjudice in latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding. However the doctrine of res-subjudicemeans stay of suit.
36

A suit brought by a person to recover the posssesion from a stranger of matth property claiming it as the heir of deceased mahant. The suit is dismissed on his failure to produce succession certificate. A second suit was filed by him as the manager of the math.

a) The second suit would be barred by Res Judicata

b) The second suit would not be barred by Res Judicata

c) The second suit would be barred by Res sub Judicae

d) None of the above

A Res Judicata means : a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties
37

Section 66A was invalidated by the supreme Court of India in :

a) Anwar P.V. v. P.K. Basheer (2014)10 473

b)Shreya singhal v. UOI AIR2015SC 1523

c) Dr. Prafulla Desai v. Stae of Maharashtra AIR 2003 SC 2053

d)State( NCT of Delhi) v. Navjot Sandhu 2005 11 SCC 600

B The landmark case of Shreya Singhal v Union of India (2015) is a landmark case that plays a very important role in the Indian legal system. The case revolves around the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution of India, which challenged the constitutional validity of section 66A and led to the struck down of section 66A of the Information Technology Act 2000 Section 66A is the punishment for sending offensive messages through communication services, etc.
38

Environmental Impact Asseessment (EIA) is mandatory for

a) Indian Forest Act

b) Air Act

c) Wildlife Protectoion Act

d) Environmental Protetion Act

D EIA has now been made mandatory under theEnvironmental (Protection Act, 1986 for 29 categories of developmental activities involving investments of Rs. 50 crores and above.
39

Which of the foloowing is not a federal feature of the constitution

a) Written Constitution

b) Double set of government

c) rigid constitutional

d) Single citizenship

C Rigid because constitution can be amended at time to time as per the needs
40

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

A Thus, the majority of Kesavananda Bharati case bench has held that Preamble is the part of the constitution and it can be amended but, Parliament cannot amend the basic features of the preamble. The court observed, “The edifice of our constitution is based upon the basic element in the Preamble. If any of these elements are removed the structure will not survive and it will not be the same constitution and will not be able to maintain its identity.”
41

Which article starts with subject public order , morality and health

a)Article 14

b) article 15

c) Article 25

d) Article 28

C  
42

Which of the following sections of the CrPc deals with the examination of person accused of rape by the medical practitioner

a) Section 54-A

b) Section 55-A

c)Section 53-A

d) Section 60-A

C 53. Examination of accused by medical practitioner at the request of police officer.
43

According to the section 167 of the CrPc an accused person cannot be remanded to police custody for not mare 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

C Section 167(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction;
44

Which of the following is essential for a valid adoption under the Hindu Marriage Act, 1955

a) Datta Homam

b) Actual giving of the child

c) Both (a) and(b)

d) None of these

B  
45

Hindu male can adopt a female child if the age difference between the two is more than

a) 15

b) 18

c) 20

d) 21

D Section 11 Hindu Adoption and Maintenance Act, 1956
46

Which of thr following relation is not dependent under the section 21 of Hindu Marriage and Adoption Act, 1956

a) grandmother

b) mother

c) widow

d) daughter

A Section 21 Hindu Adoption and Maintenance Act, 1956
47

The provision related to free legal aid is given under

a) Section 301

b) section 304

c) section 303

d) section 305

B Section 304 CrPC
48

Under which of the following provision CrPc the police officer is under an obligation to produce the person arrested to the magistrate within 24 hours of the arrest.

a) Section 56

b) section 57

c) section 60

d) section 70

B  
49

Who may record confessional statement under section 164 of the CrPc.

a) Police officer

b) Judicial officer

c) Both a and b

d) Judicial magistrate having jurisdiction only

D  
50

The provision relating to plea bargaining is not applicable is not applicable on following offences

a) Socio economic offence

b) Offenses against women

c) both a and b

d) None of these

C Section 265A proviso to sub section (1)
51

Which of the following sections of Crpc deals with Compoundable Offence?

(a) Section 319

(b) Section 320

(c) Section 321

(d) Section 324

(b)  
52

What is the time limit under Section 468 of Crpc for taking cognizance

(a) 1 year

(b) 2 year

(c) 3 year

(d) No limit

(c)  
53

A communication made to the spouse during Marriage, under Section 122 of Indian Evidence Act ?

(a) Remains privledged even after dissolution of marriage

(b) does not remain priveledged even after dissolution of marriage only by divorce

(c) does not remain priviledged after disolution of marriage only by death

(d) does not remain priviledged in both the case (b) and (c)

(a) Because in the case of M.C. Vergliese V T.J. Ponnam Air Supreme court stated that Communication between spouse remains priviledge even after divorce, or dissolution of Marriage but only for the communication which was made during the existence of marriage
54

Which Section of Indian Evidence Act provides that an accomplice is a competent witness

(a) Section114 illustration b

(b) Section 118

(c) Section 133

(d) Section 134

(c) Because Accomplice is a partner in crime. He being a guilty associate, shall be a competent witness in crime.
55

Which of the following is not an ADR method under Section 89 of CPC,1908

(a) Mini Trial

(b) Judicial Settlements through Lok Adalats

(c) Concilliation

(d) None of the above

(a) Mini trial is not part of ADR mechanism provided in Section 89 of legal Services Authority Act. Some of the Alternative Dispute Resolutions are Lok Adalat, Mediation Arbritration & Conciliation
56

What is the maximum number of concilators allowed in a concilliation proceedings?

(a) 1

(b) 2

(c) 5

(d) None

(d) None of the above It is because Section 63 of Arbritration and Concilation Act provides appointment of maximum 3 concilators
57

What is the status of a settlement agreement in concilliation proceedings

(a) non binding

(b) same as a settlement award

(c) Unlike a settlement award

(d) None

(b) – same as settlement award  
58

A suit may be dismissed under order IX? (i) Where the summons is not served upon the defendant in consequence of the plaintiffs 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 defendants appears and he does not admit the plaintiffs claim (Rule 8)

(a) i , ii & iii

(b) i, iii & iv

(c) ii, iii & iv (

d) All of the above

(d) All options are valid ground for the court to dismissed the suit under Order IX
59

The ex-officio chairman of the council of state is?

(a) President

(b) Speaker of lok Sabha

(c) Vice President

(d) None of the above)

(c) – Vice President Article 64 of the Constitution states that the Vice-President shall be ex-officio Chairman of the Council of States
60

Right to property in India is

(a) Fundamental Right

(b) Constitutional Right

(c) Statutory Rights

(d) Legal Right

(c) – Statutory Right After 44th amendment, Right to property was inserted in Section 300A from Article 31. by way of this amendment, Right to property as fundamental Rights was substituted as a Statutory Right
61

Which of the folowing writs means to produce the body of the person?

(a) Certiorari

(b) Quo Warranto

(c) Prohibition

(d) Habeas Corpus

(d) – Habeas Corpus Writ of Habeas Corpus means the produce the body of a person.
62

The party 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

(b)  
63

What kind of property is transferable?

(a) Pension

(b) Public Office

(c) Right to re-entry

(d) any kind of property, which is not prohibited by law

(d) – any kind of property, which is not prohibited by law  
64

Which of the following does not come under the immovable property as per the TP, Act

(a) Sales of a ceiling fan

(b) Right to claim maintainance

(c) Right relating to the lease

(d) Easementary rights

(a) Ceiling fan is movable property.
65

Which is the subject matter of neighbouring rights pretention

(a) Performance

(b) dramatic works

(c) Geographical Indication

(d) New varieties and plant

(a) – Performance  
66

Adam Smith has enumerated cannons of taxation which are accepted universally they are:

(a) Equality and Certainity

(b) Equality, Convenience, Economy

(c) Equality Economy

(d) Equality Certainity, Convenience & Economy

(d) Adam Smith in his book The Wealth of Nations has given these 4 types of cannons
67

For the first time in India Income Tax law was introduced by Sir James Wilson in the year

(a) 1886

(b) 1868′

(c) 1860

(d) None

(c) In the year 1860 – India’s pre independece finance Minister James Wilson introduced first time income tax in India.
68

Disciplinary Committee of Bar Council is Conferred the powers of civil court under cpc

(a) Section 36 of Advocates Act, 1961

(b) Section 42 of Advocates Act, 1961

(c) Section 42(Amendment) of Advocates Act, 1961

(d) Section 28 of Advocates Act, 1961

(b)  
69

Which of the following is a leading case on injuria sine damnum?

(a) Rylands vs flecher

(b) Ashby v. White

(c) Donougue vs. Stevension

(d) All of the above

 

(c) – Ashby vs. White This case was leading case where principle of dammnum sine Injuria was applied
70

Which one is the leading case of Strict Liability?

(a) Alen vs. Flood

(b) Rylands v. Flecher

(c) Borhil v. Young

(d) Donougue v. Stevension

(b) Rylands vs. Flecher This case was leading case where principle of strict liability was applied
71

Which of the following appears to contribute to Global Cooling rather than Global Warming?

(a) Nitrous Oxide

(b) Aerosols

(c) Methane

(d) CFC

(b)  
72

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 couse of fencing, may be cause 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) S. 86

(d) S. 88

(d) Section 88 of IPC – Act not intended to cause death, done by consent in good faith for person’s benefit
73

The provision of the right of Private defence are given under:

(a) u/s 96-108 of IPC

(b) u/s 94-106 of IPC

(c) u/s 96-106 of IPC

(d) u/s 95-106 of IPC

(c)  
74

State of UP V Nawab Hussain, 1977 SCR (3) 428 relates to:

(a) Res Subjudice

(b) Res Judicata

(c) Constructive Res Judicata

(d) Deemed Res Judicata

(c) This case is related to Constructive Res Judicata
75

X living in Pune and Y, his brother in Mumbai, X want to file a suit of 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

  As per section 16 of Code of Civil Procedure Suit may be instituted either at delhi or Banglore
76

An Immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain in Indore, a suit to obtain compansation for wrong to the property may be instituted

(a) At Bhopal

(b) At Indore

(c) either at Bhopal or at Indore

(d) None

(c) Section 20 CPC
77

Under which Section of IT Act, 1961 income of other persons included in assessee’S total income:

(a) 56-58

(b) 60-65

(c) 45-54

(d) All of the above

(b) 60-65 for the purpose of preventing tax-evasion
78

A period of 12 months starting from 1st day of April of every year is known as

(a) Assessment Year

(b) Leap year

(c) previous year

(d) None

(a) Assessment Year Assessment year means the period of 12 months commencing on the first day of April of every year and ending on 31 March of the next financial year following the previous year. When we file income tax return and when we talk of any notice received from the Income Tax Department. the terminology generally used is the assessment year. Hence, whenever you file your income tax return and you receive any notice from the Income Tax Department, then please make sure as to which is the year which is written in the said notice in short form as AY or the Assessment Year.
79

Which section of the Information Technology Amendment Act, 2008 deals with the validity of contract formed through electronic means

(a) Section 12

(b) Section 10A

(c) Section 11

(d) Section 13

(b) 10A 10A Validity of contracts formed through electronic means (Inserted by ITAA 2008)
Where in a contract formation, the communication of proposals, the acceptance of proposals,
the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or
by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the
ground that such electronic form or means was used for that purpose.
80

X stikes A. A is by this provocation excited to violent rage. 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 gor 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

(c) (Section 299, 300)Exception 1 —When culpable homicide is not murder.—Culpable homicide is
not murder if the offender, whilst deprived of the power of self-control by grave and
sudden provocation, causes the death of the person who gave the provocation or
causes the death of any other person by mistake or accident. Indian Penal Code, 1860
81

Right to Fare Legal Aid was recognised as a Fundamental Right under Article 21 of Indian Constitution in the case of

(a) Hussainara Khatoon vs. State of Bihar, Air 1979 Sc1860

(b) M.H. Hoskot V. State of Maharastra, Air 1978 SC 1548

(c) Madhu Mehta V. Union of India (1989) 4 SC 1548

(d) Rudal Shah V State of Bihar (1983) 45 Sc 14

(a) It has been held, in the case of Hussainara Khatoon vs. State of Bihar, that right to free legal aid at the cost of the State to an accused who cannot afford legal services for reasons of poverty, indigence or incommunicado situation is a part of fair, just and reasonable procedure under Article 21 of the Indian Constitution.
82

In which country was the concept of PIL originated

(a) UK

(b) USA

(c) India

(d) Australia

(b) United States of America The term “PIL” originated in the United States in the mid-1980s. Since the nineteenth century, various movements in that country had contributed to public interest law, which was part of the legal aid movement. The first legal aid office was established in New York in 1876. In the 1960s the PIL movement began to receive financial support from the office of Economic Opportunity, This encouraged lawyers and public spirited persons to take up cases of the under-privileged and fight against dangers to environment and public health and exploitation of consumers and the weaker sections.
83

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

(b) Section 159, IPC 1860 Affray:This section defines the crime of ‘affray’. It says that when two or more persons disturb public peace by fighting in a public place, they commit the crime of affray.
84

Promotion of ‘Class Hatred’ is 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

(a) 1
[153A. Promoting enmity between different groups on ground of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of harmony. IPC 1860
85

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

(b) the proceedings of the present case have been referred to the court under Section 271-B of the Code of Criminal Procedure, in order that the court may decide whether the offence committed by the prisoner was murder, or culpable homicide not amounting to murder.
86

Mandamus may be issued by

(a) Supreme Court

(b) High Court

(c) District Court

(d) Both (a) and (b)

(d) Under article 32 and Article 226 the Supreme Court and High court respectively can issue the writ of mandamus on lower courts .
87

The provision for Administration Tribunals added by

(a) 42nd Amendment

(b) 44nd Amendment

(c) 24nd Amendment

(d) 43nd Amendment

(a) Tribunals were added in the Constitution by Constitution (Forty-second Amendment) Act, 1976 as Part XIV-A, which has only two articles viz. 323-A and 323-B. While article 323-A deals with Administrative Tribunals; article 323-B deals with tribunals for other matters.
88

Joint sitting of both the Houses of Parliament may be called by the?

(a) Speaker

(b) Chairman

(c) President

(d) Prime Minister

(c) The joint sitting of the Parliament is called by the President (Article 108) and is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
89

Specific Relief……….. where the agreement is made with minor fill in the blanks

(a) Can get

(b) Cannot be given

(c) Can release

(d) Implemented with law

(b)  
90

A question suggesting the answer which the person putting it whishes or expects to receive is called

(a) Indecent Questions

(b) Leading Questions

(c) Improper Questions

(d) Proper Questions

(b) Indian Evidence Act, 1872 Section 141 “any questing suggesting the answer which the person putting wishes or expects to receive is called a leading question.”
91

Options 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 above

(b) The bride can exercise the option of puberty under Section 13(2) of the Hindu Marriage Act, 1955 for decree of divorce.
92

Which section of the Hindu Marriage Act 1955 provides that a child from a void marriage would be legitmate?

(a) Section 11

(b) Section 13(a)

(c) Section 12

(d) Section 16

(d) Hindu Marriage Act, 1955 Section16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding that a marriage is null and void under Section 11, any child of
such marriage who would have been legitimate if the marriage had been valid,
shall be legitimate, whether such a child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of
nullity is granted in respect of the marriage under this Act and whether or not the
marriage is held to be void otherwise than on a petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage under
Section 12, any child begotten or conceived before the decree is made, who would
have been the legitimate child of the parties to the marriage if at the date of the
decree it had been dissolved instead of being annulled, shall be deemed to be their
legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as
conferring upon any child of a marriage which is null and void or which is annulled
by a decree of nullity under Section 12, any rights in or to the property of any
person, other than the parents, in any case, where, but for the passing of this Act,
such child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.
93

A resides at Hyderabad, B at Calcutta and C at Delhi. A, B, and C being together at Allahabad, B and C make a joint promissory note payable on demand, and to deliver to A. A may sue B and C

(a) At the allahabad where the cause of action arises

(b) At, calcutta, where B reides

(c) At Delhi, where C resides

(d) All of the above

(a)  
94

Section 25 empowers the Supreme court court to transfer any suit, appeal or other proceedings

(a) From one high court to another High court

(b) Form one civil court in court in one state to another civil court in any other court

(c) Both (a) and (b)

(d) Only A

(c) Civil Procedure Code, 1908 Section 25. Powers of Supreme Court to transfer cases:
Section 25 of the Code as amended by the Amendment Act of 1976 empowers Supreme Court to transfer any suit, appeal or other proceeding from one High Court to another High Court or from one Civil Court in one State to another Civil Court in any other State throughout the country, if it is satisfied that such an order is expedient in the ends of justice.
95

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 C

(d) A and B sues C for Rs 1000/- the debt is due to C by alone.

(b) CPC 1908 Particulars of set-off to be given in written statement—(1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff’s suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, present a written statement containing the particulars of the debt sought to be set-off.
96

What is the maximum duration within which fast track arbritratin must be completed?

(a) 6 month

(b) 12 month

(c) 18 month

(d) 24 month

(a)  
97

Which of the following sectiondeals with the form of summons

(a) section 60

(b) section 61

(c) section 62 and

(d) section 64

(b) Form of Summons
98

Under Cr.P.C. provision relating to prosecution of judge is provided

(a) Section 196

(b) Section 197

(c) Section 198

(d) Section 199

(b) – Section 197 Prosecution of Judges
99

“Hadees” is one of the sources of Muslim Law, it comprises

(a) Very words of God

(b) Words and actions of Prophet

(c) Unanimous decision of jurists

(d) Analogical decisions

(b)  
100

Intellectual Property appellate Board is established under which Act

(a) The copyright Act, 1957

(b) Patent Act, 1970

(c) The Trademark Act, 1999

(d) The designs Act, 2000

(c)  

 

To know more about types of Intellectual Property Rights for purpose of AIBE preparation, please Click Here.

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