AIBE: Mock test 4, Solve the Mock Test to strengthen your Preparation for All India Bar Exam and increase your chances of clearing the paper.
1.) Which of the following is not a pre-requisite for a valid Arbitration?
A.) the parties must agree to an Arbitration agreement
B.) the agreement should be valid as per the provisions of the Indian Contract Act
C.) the parties must not agree to an Arbitration agreement
D.) the arbitration agreement must be registered
2.) Can the provisions of the repealed Arbitration Act of 1940, apply in relation to arbitration proceeding which commenced prior to the coming into force of the 1996 Act on January 25, 1996?
A.) No the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties
B.) No the provisions of Arbitration Act of 1940 cannot apply as it is a general principle under ~UNCITRAL Model Law that the most update version of the rules and provisions for the smooth running of the Arbitral process.
C.) UNCITRAL model law that the most update version of the rules and provisions for the smot running of the abritral process
D.) Yes the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties
3.) Is an otherwise valid arbitration clause enforceable by law in case the main contract is found to be void or annulled?
A.) No, arbitration clause being a part of contract between the parties ceases to enforceable by law in case of annulment of contract.
B.) No, validity of the contract containing arbitration clause is a pre-requisite for valid Arbitration.
C.) Yes, arbitration clause will be enforceable since it is separable from the other clauses of the contract and constitutes an agreement by itself.
D.) Arbitration clause will be enforceable in case annulment of the main contract if the intention of the parties is to refer the disputes between them to arbitration and not otherwise
4.) Under the Arbitration Act do the courts have an obligation to refer the parties to arbitration in terms of their arbitration agreement in cases where there is a pre-existing arbitration agreement?
A.) In some cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration.
B.) In all cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration.
C.) There is no provision under Arbitration Act which makes the courts obliged to refer the parties to arbitration in cases where there is an arbitration clause.
D.) Courts are obliged to refer the parties to arbitration in cases where there is an arbitration clause only in respect of “a matter which is the subject matter of an arbitration agreement”.
5.) Which section of CPC provides that sections 16, 17 and 20 shall not be applicable to the High Court?
6.) Which section of the Civil Procedure Code provides for the principle of res judicata and res sub judice?
A.) section 11 and section 10
B.) section 10 and section 11
C.) section 9 and section 10
D.) section 11 and section 12
7.) Provisions for an interpleader suit are made under which section?
8.) Which Order makes provisions for suits filed by indigent persons?
A.) order 39
B.) order 33
C.) order 34
D.) order 35
9.) You are apprehending that a suit may be filed with respect to a property in which you may have some interests. In case any such suit is filed, you would like to be notified about the same. Which of the following is relevant to you?
10.) What is a summon and under which Order is the provision for summons made?
A.) The intimation given to the defendant during the suit, incase he fails to appear on a particular day, Order 5, rule 2.
B.) The intimation given to the defendant when the suit is filed by the plaintiff to appear before the court, Order 6, Rule 1.
C.) The intimation given to the defendant when the suit is filed by the plaintiffto appear before the court, Order 5, Rule 1.
D.) The intimation given to the defendant during the suit, in case he fails to appear on a particular day, Order 5, Rule 1.
11.) The CPC provides for review under which section?
12.) Which provision under the CPC provides for the withdrawal of the suit?
A.) Rule 1, Order 22
B.) Rule 2, Order 23
C.) Rule 1, Order 23
D.) Rule 2, Order 22.
13.) What is the period of limitation for the execution of a decree?
A.) 12 years
14.) Who is considered to be an indigent person for the purpose of filing a suit?
A.) a person who does not have sufficient means to pay court fees for the suit (except from property which is exempt from attachment)
B.) if the suit has no court-fee, then, where the person is entitled to property of less than INR 1000
C.) both a and b
D.) and indigent person can never sue, so the question is irrelevant
15.) Which of the following bodies can be considered ‘State’ under A.12, if they are financially and functionally controlled by the government?
A.) a society
B.) a corporation
C.) a body created under statute
D.) all of the above
16.) All Constitutional Rights under Part III are granted to all people.
A.) True, since there are fundamental, which implies that they should be guaranteed to all people equally
B.) False, since some of these rights are available only to citizens while some are available to all persons
C.) False, since this part does not contain rights at all.
D.) True, since under the principle of equality, all men are equal before the law.
17.) Special Leave Petitions can be filed under Article__ of the Constitution
18.) The right to life and personal liberty includes the following
A.) Merely physical existence
B.) The right to live with dignity, and not merely animal existence
C.) The right to due process
D.) Both b and c
19.) What is the validity of Schedule IX of the Constitution?
A.) Its validity has been upheld in the case of IR Coelho.
B.) To hold something outside the purview of judicial review is a violation of the basic structure of the Constitution
C.) Acts can still be placed under this schedule
D.) It is a contentious and undecided issue
20.) In our Constitution which country is the language of the Preamble adopted from :
C.) The USA
21.) The principle of secularism in the Indian Constitution is the following:
A.) ~That there is no state religion
B.) That no state has its own religion
C.) That everyone is entitled to their own freedom of conscience, and that this allows them to practice their own religion
22.) Which Amendment added the duty of the state to provide for Free Legal Aid as a Directive Principle?
A.) 42nd Amendment 1976
B.) 44th Amendment, 1978
C.) 73rd Amendment, 1992
D.) None of the above
23.) The Constitution provides that India is:
A.) A federation of states
B.) A quasi-federation
C.) A quasi-union
D.) A union of States
24.) Laws that were enacted before the Constitution was enacted still exist. Such laws can be inconsistent with the provisions of the Constitution.
B.) True, because they were valid at the time of enactment, and it is hard to envisage subsequent illegality.
D.) False, since all laws should adhere to the provisions of the constitution, even if the constitution is amended after the enactment is passed.
25.) When did the Indian Contract Act come in force?
A.) 1st January 1872
B.) 1st January 1872
C.) 1st September 1872
D.) 1st June 1872
26.) A proposal is revoked:
A.) ~by the failure of the acceptor to fulfil a condition precedent to acceptance
B.) by the death or insanity of the proposer, if the fact of the death or insanity comes to the knowledge of theacceptor before acceptance
C.) Only a
D.) Both a and b
27.) Under which of the following circumstance/s is a contract deemed void?
A.) Mistake of law in force in India by the parties at the time of entering into the contract
B.) Mistake of law not in force in India by the parties at the time of entering into the contract
C.) When both the parties are mistaken on a matter of fact which is essential to the agreement
D.) When one of the parties are mistaken on a matter of fact which is essential to the agreement
28.) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is:
29.) Ram left a brand new watch at Shyam’s house. Shyam treats the watch as his own. He is bound to pay it to Shyam under Section ___ of the Contract Act, 1872:
30.) P appoints an agent A for his business, and gives him certain computers to conduct the business. After 4 months, P terminates A’s agency services. Is A entitled to retain the computers?
A.) No, agents don’t have right of lien.
B.) No, agent is not a bailee so right of lien cannot be exercised
C.) Yes, A can exercise right of lien over principal’s property, until commission is paid.
D.) None of the other options
31.) A party to a contract remains silent as to facts known by him which would likely affect the willingness of the other party to enter into the contract:
A.) This makes the contract voidable at the option of the other party
B.) This the contract void abinitio
C.) This contract is vitiated by fraud
D.) This contract is not vitiated by fraud
32.) X guarantees payment to Y, a cigarette-dealer, to the amount of Rs 5000, for any cigarette which Y may from time to time supply to Z. Y supplies Z with cigarettes of above the value of Rs 5000, and Z pays Y for it. Afterwards, Y supplies Z with cigarettes of the value of Rs 10000. Z fails to pay. X is liable:
A.) to Y for Rs 5000
B.) to Z for 5000
C.) to Y for 10000
D.) to Z for 10000
33.) A and B were rival shopkeepers in a locality, and A agreed to pay B a sum of money in exchange for B closing B’s shop. B closed the shop and demanded the money.
A.) This agreement is void
B.) A is estopped from refusing to pay B the money
C.) The actions of A were not illegal, since B consented with no coercion etc
D.) B is entitled to the money
34.) What sort of consideration is needed to create an agency relationship.
D.) None of the above
35.) The agreement entered into by an insane personis :
A.) Null and void contract
B.) Voidable contract , at the option of the minor
C.) Valid and enforceable contract
D.) Not a contract at all
36.) X suffers from occasional fits of hysteria and is interred at an asylum for mentally differently empowered people. He enters into an agreement with Y when he was in sound mind, although before signing it, he had a bout of hysteria. The agreement is:
C.) Voidable at the option of X when he is in a stable mental state
D.) Voidable at the option of Y
37.) When a person hires another to do work for him, and the contract is either not completed or is otherwise rendered un-performable, the person performing may sue for the value of the improvements made or the services rendered to the defendant. The law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve. This maxim of contract law is called:
A.) Consensus ad idem
B.) Non est factum
C.) Quantum meruit
D.) Ubi juis ibi remedium
38.) Acceptance of offer must be
A.) Absolute and unqualified
B.) Communicated to offeror
C.) Within a reasonable time before the offer lapses
D.) All of the above
39.) In law of contracts, the mirror image rule ___
A.) Is also referred to as an unequivocal and absolute acceptance requirement, which states that an offer must be accepted exactly without modifications
B.) both a and b
C.) none of the above
40.) In contract law, the defense of frustration of purpose can be invoked when:
A.) an unforeseen event undermines a party’s principal purpose for entering into a contract
B.) both parties knew of this principal purpose at the time the contract was made.
C.) Both a and b
D.) Neither a nor b
41.) The basic rule for how to determine the scope of consequential damages arising from a breach of contract, that one is liable for all losses that ought to have been in the contemplation of the contracting parties was laid down in the landmark Judgement of
A.) Baxter v Hadley
B.) Hadley v. Baxandale
C.) Carlil v. Carbolic
D.) Donoghue v. Stevenson
42.) If A has two pieces of land, X and Y and he sells X to B with a covenant for the beneficial enjoyment of Y, would the covenant bind B?
A.) Yes, because the original transferee is bound by both negative and positive covenants
B.) No, he is bound only if the covenant is positive
C.) Yes, because the covenant is negative
D.) No, because he consented to such a covenant
43.) Maximum prescribed term for imprisonment and maximum fine for dishonour of cheques due to insufficiency of funds are___________ respectively
A.) Two years and twice the amount of the cheque
B.) Three years and thrice the amount of the check
C.) Three years and the amount of the cheque
D.) One year and thrice the amount of the check
44.) Three friends, X, Y and Z enter into a partnership. All three have contributed some property to the firm. Their contract states that death of a partner either will not dissolve the firm. X dies, and Y and Z carry on the business of the firm without a final settlement of accounts between them and X. The representatives of X, claiming for him, are entitled to:
A.) share of the profits made after the death, which is attributable to use of his share of the property, or to 6% p.a. interest on the amount of his share in the property of the firm
B.) share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of 10% per annum on the amount of his share in the property of the firm
C.) only profits prior to the death
D.) such a contract is invalid under the Partnership Act and thus the partnership ceased in the eyes of law.
45.) Golu, an Indian citizen, commits adultery in Greece which is not considered an offence in that country. He returns to India. Can he be tried for adultery under the IPC?
A.) No, since adultery is permissible in Greece.
B.) Yes, as he is an Indian citizen
C.) Yes, as he is an Indian citizen and the act is punishable under Indian law.
D.) No, since the act was committed outside India where the Indian Penal Code isn’t applicable
46.) A knows that B has haemophilia. A cuts B’s hands slightly and B dies out of bleeding. A commits:
B.) Culpable homicide
C.) Grievous hurt
D.) None of the above
47.) A knows that B is pregnant. He wants to kill B. B survives but the unborn child dies. A can be imprisoned up to
D.) life imprisonment
48.) The Hicklin’s test for determining obscenity was upheld by the Indian Supreme Court in:
A.) Bachan Singh v State of Punjab
B.) State of Maharashtra v. Ranjit Udeshi
C.) A & B
D.) None of the above
49.) A body corporate can:
A.) Sue and be sued in its own name
B.) Directors can sue and be sued but not the corporate entity
C.) Possess property in its own name
D.) Both a and c
50.) The Indian Penal Code draws elements from:
A.) The Irish Penal Code
B.) The German Penal Code
C.) The Louisiana Penal Code
D.) All of the above
51.) What is the correct definition of ‘complaint’ under the CrPC?
A.) An allegation made orally or in writing to the Magistrate
B.) An allegation made in writing to the Magistrate
C.) An allegation made in writing or in written to any police officer
D.) An allegation made orally to a police officer
52.) The Chief Judicial Magistrate may pass any sentence except?
A.) Sentence for imprisonment for a term exceeding three years.
B.) Sentence imposing fine of more the 10,000/-
C.) Sentence imposing fine of more than 50,000/-
D.) Sentence of death, and imprisonment exceeding seven years
53.) The definition of arrest entails…
A.) Deprivation of personal liberty
B.) Deprivation of personal liberty by a police officer
C.) Deprivation of personal liberty by a police officer not below the rank of Superintendent.
D.) Deprivation of personal liberty by any person who has the legal authority to do the same.
54.) Choose which of the following statements is correct in toto (the statement that is correct in its entirety)
A.) Custody’ is only when the accused is arrested by the police
B.) Custody’ is the term used when the accused is not in police custody but in judicial custody.
C.) Custody’ means when a person has imprisoned an accused.
D.) Custody’ does not merely mean when the police arrest the accused, but also when the police produces him/her before a Magistrate and gets a remand to judicial or other custody.
55.) Which of the following persons cannot affect arrest?
A.) Police officer
B.) private person
D.) None of the other options – All can affect arrest.
56.) Which of the following is not a right of an arrested person?
A.) Right to know the ground of arrest
B.) Obligation of the police officer to inform the relatives of the arrested person
C.) To take reasonable care of the health and safety of the accused.
D.) None of these
57.) In which of the circumstances will bail be refused to a person who has committed a non-bailable offence?
A.) When there are reasonable grounds for believing that the accused has committed an offence which is punishable with death or imprisonment for life.
B.) The person has committed a cognizable offence and has been previously convicted for an offence punishable with death or life imprisonment or imprisonment for seven years
C.) Person has committed a cognizable offence and has been previously convicted on two or more occasions of committing a non-bailable and cognizable offence.
D.) a, b and c
58.) hat is the maximum period for which an under-trial can be detained?
A.) One third of the maximum period of imprisonment specified for the offence for which the under trial has been detained
B.) Half of the maximum period of imprisonment specified for the offence for which the under trial has been detained.
C.) The maximum period of imprisonment specified for the offence for which the under trial has been detained
D.) One fourth of the maximum period of imprisonment specified for the offence for which the under trial has been detained.
59.) When does an order of anticipatory bail take effect?
A.) When the order is passed
B.) When the offence is committed
C.) When the arrest is made
D.) When the bail application is made
60.) When is summons issued by affixation on a conspicuous part of the residence of the person who has been summoned?
A.) When summons could not be issued to the person despite taking all the necessary steps.
B.) When summons could not be issued to an adult male member of the family to which the person summoned belongs.
C.) When both a and b could not be performed
D.) When person to be summoned is not at home.
61.) Under the Indian Evidence Act an FIR is ___
A.) Not a substantive piece of evidence and can be used for corroboration
B.) A substantive piece of evidence and can be used for corroboration
C.) Is not a substantive piece of evidence and cannot be used for corroboration
D.) A proof of a criminal act.
62.) Keeping in mind the definition of ‘admissibility in court’ and ‘relevance’ choose the correct statement.
A.) Evidence may either be relevant or admissible.
B.) Evidence can be relevant as well as admissible.
C.) Evidence may be relevant but not admissible.
D.) Both b and c
63.) What does the rule of ‘res gestae’ refer to?
A.) Circumstances when irrelevant facts are also admissible in court
B.) Circumstances when irrelevant facts can become relevant facts
C.) Facts are relevant even when they are not in issue when they form a part of the same transaction.
D.) Facts are relevant only when they are facts in issue
64.) Choose which of the following statements is false.
A.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted under Section 32 (1).
B.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted as corroborative evidence under Section 157.
C.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted as relevant fact in court under any other provision.
D.) A fact that is not relevant as conduct under S 8 of the Evidence Act can still be admitted in court
65.) Section 11 (which states that facts not otherwise relevant can be made relevant under certain situation) of the evidence act encompasses which important rule of evidentiary law?
A.) Res Gestae
B.) Plea of alibi
C.) All facts that are a part of the same transaction are relevant facts
D.) Deep Pocket theory
66.) An admission can be in which of the following forms?
B.) Oral statement
C.) Written statement
D.) All of the above
67.) What are the two kinds of admission for the purpose of evidence?
A.) Judicial and extra-judicial admission
B.) True and false admissions
C.) Oral and written admissions
D.) Admission made before trial and admission made after trial
68.) Choose the most appropriate statement. Under Evidence Act, leading questions:
A.) Cannot be asked at all
B.) Cannot be asked in case of examination in chief and re-examination
C.) Cannot be asked in case of examination in chief, unless the witness is hostile
D.) Can be asked only during cross-examination
69.) The Natural Law School, as propounded by Salmond, claims that positive law derives its standard from:
B.) An objective norm that has to be followed in the interest of order in society
C.) Superior moral standards
D.) Command of the sovereign
70.) According to Ronald Dworkin, what is indispensible in order to interpret and apply laws?
A.) legal authority
B.) introduction of moral judgments
C.) a body of judges who are capable of keeping personal value judgments out of reach of laws
D.) a robust system of courts
71.) Jurisprudence would be the study of:
A.) what is law
B.) the ‘why’s of law
C.) legal philosophy
D.) all of the above
72.) A person who professes to practice before a court without being duly entitled as per the Advocates Act is punishable with a maximum imprisonment of:
A.) two years
B.) one year
C.) six months
D.) no imprisonment, only fine
73.) When was the (now repealed) The Legal Practitioners (Women) Act passed?
74.) An advocate should not:
A.) act in a bankruptcy petition when he himself is also a creditor of the bankrupt.
B.) accept a brief from a company of which he is a Director.
C.) Both a and b
D.) Neither a nor b
75.) A, an advocate, entered into an agreement with C, the client, who was dismissed from service. The fee agreement entailed that, that if A were able to recover past salary and allowance, A would receive a fee of Rs.5,000/-. Is this agreement legal?
A.) Yes, the agreement is a full fledged contract according to S.10 of the Indian Contract Act , being between A and C with Rs. 5000 being the consideration based on the contingency of winning the case.
B.) No, because such a contract is wagering in nature
C.) Yes, because this is prevalent method of transaction between advocate and clients in India
D.) No, because such a contract is contingent on winning or losing of the case A is barred from agreeing to receive a fee dependent on the success of suit or agree to share the proceeds of that litigation under BCI rules
76.) Sec. 47(3) of the Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. The Authority’s decision was based on an official policy. This is an example of a …………….. function.
77.) Audi alteram partem means?
A.) Nobody should be tried more than once.
B.) The right of the party to be heard.
C.) Natural justice
D.) None of the above.
78.) In England, a post of ____ is attached to the Westminster Parliament to investigate cases of maladministration
A.) Minster of Administration
B.) Secretary of State Affairs
D.) None of the above
79.) X, a company, has three shareholders. Upon the death of one of the shareholders A, the shares held by A are inherited by his son
A.) The change in shareholding structure will not have any impact on the existence of the company
B.) The change in shareholding structure will result in change in management structure of the company
C.) The change in shareholding structure will result in the company being dissolved
D.) The change in shareholding structure will result in the company being solved
80.) 99.9% of the shares of a company X are owned by a man A. The company underwent liquidation, and the creditors claimed that A and X are the same entity. Which of the following decisions is likely to be taken by the court?
A.) X would have separate identity distinct from A, and consequently would not be liable for the debts incurred by X.
B.) X and A would have the same identity, and A would be liable for the debts incurred by X.
C.) A would incur a liability greater than the liability of X, since A holds majority shares of X.
D.) Both X and A would incur similar liabilities in equal proportions
81.) The minimum paid up capital needed for a private company is ___
A.) 10 lakh Rupees
B.) 1 lakh Rupees.
C.) 5 lakh Rupees.
82.) A maximum of how many members can be appointed at the National Company Law Tribunal?
83.) A, a Hindu, married B, a Christian. The marriage was solemnized as per Christian rituals. Can the marriage be dissolved later as per HMA?
A.) Yes, the HMA is not binding as they are of different religion
B.) No, Because S 11 of Christian marriage act prohibits application of HMA
C.) No, Their marriage cannot be dissolved later under the provisions of the HMA as it was solemnized under Christian rules
D.) Yes, because HMA is if universal application
84.) A and B, both Hindus, have been in love since their college days, and plan to get married. When they complete 6 steps of the Saptpadi, an earthquake strikes and there is chaos. Both A and B flee from the scene of marriage for the next two days. Can they be considered to be married?
A.) They have the option of completing the marriage at a later stage by taking the seven steps again.
B.) Marriage is not complete until it is registered
C.) They can complete by taking the seventh step later
D.) No, they are not married as the seventh step could not be completed
85.) A’s wife discovers after marriage that A is impotent. She has left him, and wants a decree of nullity after 2 years. Can she get it?
A.) No, decree of nullity can be applied only within 1 year
B.) No, she can apply for divorce claiming irretrievable breakdown of marriage
C.) Yes, impotency is a ground for nullity at any point of time
D.) Yes, unless A applies for restitution of conjugal rights.
86.) A and B, both Hindus, have been married for 10 years. For the past 8 years, B has exhibited indifference to A’s health in addition to treating her with callous neglect and extreme boorishness. B also uses every opportunity to harass A, sometimes even in public. B also ill-treats their children. Will A be granted a divorce?
A.) Yes, he can claim for divorce under physical cruelty.
B.) No, because this is mere wear and tear of married life
C.) He can file for divorce under cruelty or irretrievable breakdown of marriage.
D.) Yes, he can claim divorce under mutual consent (if B agrees) or under mental cruelty.
87.) A is employed by industry B as a workman. Industry B faces a shortage of coal, and plans to lay off its workmen for a week. What should the industry do?A.) Industry B must serve retrenchment notice under Industrial Disputes Act.
B.) It can lay off workmen only after taking permission of the appropriate government
C.) It can lay off after taking permission of the state government
D.) It can lay-off without Central Government permission, for reasons of shortage of coal
88.) A group of lawyers volunteer at a legal services clinic for free or at nominal cost. Some servants are hired to look after the maintenance of the office. Is this an industry according to the industrial disputes act?
A.) Yes, because the kind of services rendered are a part of the ‘legal industry’
B.) No, because industry refers only to private corporations
C.) No, Since the lawyers are not engaged for remuneration or on the basis of master and servant relationship
D.) Yes, because this is a systematic activity organised by cooperation and there is a master servant relationship between the lawyers and the servants
89.) Company A, an industry, utilises the services of a contractor C’s employees as contract labour. There arises a dispute between A and the employees. The party raising the dispute has a direct interest in the subject matter of the dispute. Is this dispute within the ambit of the definition of ‘dispute’ in the Industrial Disputes Act?
A.) No, Because they are employees of C and not A. However, it would have been ‘dispute’ under the IDA had it been between C and the employees
B.) Yes, because the fact that the workmen are C’s employees and not A’s is irrelevant as long as they have a direct interest in the dispute
C.) Yes, because for the time that they were working under A, A becomes their employer and C has no power whatsoever in that period
D.) No, because industrial dispute refers to dispute between two or more industries only
90.) The workmen of a public utility service serve notice on their employer of their decision to strike work if certain demands are not met. The workmen and employer enter into negotiations, and during these negotiations, a period of six weeks expires. The negotiations fail, and the workers immediately strike work. Is the strike legal?
A.) No, workers of public utility services have no right to strike
B.) No, this strike is illegal, as the workers were required to give fresh notice of a strike when the previously notified date lapsed.
C.) Yes, because six weeks’ notice was given to the employer before the negotiations and there is no provision in the Industrial Disputes Act of relapse of a notice merely because negotiations are entered into
D.) Yes, because the right to strike is legal right provided by the Industrial Disputes Act
91.) Employees of public utility services are forbidden to strike under__
A.) Section 21of the Industrial Disputes Act.
B.) Section 23 of the Industrial Disputes Act.
C.) Section 22 of the Industrial Disputes Act
D.) There is no such prohibition.
92.) The workmen of an industrial establishment strike work illegally, and the employer seeks damages as compensation from the workmen. Would a suit for damages lie?
A.) No because such suit is restricted on the grounds of privity of contract
B.) Yes because the workmen had called the strike illegally and as a result the employer had suffered financial harm
C.) No, because the remedies for illegal strikes are found exclusively in S.26 of the Industrial Disputes Act.
D.) Yes, because remedies for illegal strikes are not contained exclusively in S.26 but also in the Law of Contracts
93.) Res ipsa loquitur implies:
A.) The tortfeasor is not liable
B.) A finding of contributory negligence
C.) Under certain circumstances (where the act is evidently outrageous), the burden of proof shifts on the person who has committed the tort, i.e. he is required to establish that he is not liable.
D.) Reversal of burden of proof in all cases.
94.) A throws a heavy wooden log onto the road. B who was walking on the road is struck by the rolling log and has been injured. Which of the following statements most accurately applies the principle below?
A.) ~B cannot seek remedy against A as A did not have any intention to hurt B.
B.) B cannot seek remedy against A as B should have been careful while walking on the road.
C.) B can seek remedy against A through a Trespass to person action against A.
D.) B can seek remedy against A for Tort of Trespass through a Trespass on the case action against A
95.) A owns a nightclub where B, is in charge of the security arrangements. One day, B while performing his duties punched and kicked a guest C while he tried to enter the nightclub. Which of the following statements most accurately applies the principle below?
A.) A is not liable to compensate C since B caused the injury to C
B.) A is not vicariously liable to compensate C since B did something out of his scope of Employment.
C.) B is liable to compensate C for the tortious act of battery
D.) A is vicariously liable to compensate C for the tortious act of battery committed by his employee.
96.) A hires an independent contractor B to erect a fence around her property. B, while erecting the fence negligently injures C who had come to look for his football in A’s property. Which of the following statements most accurately applies the principle below?
A.) A cannot be made liable to compensate C for the injury as B was an independent contractor
B.) A is not vicariously liable to compensate C for the injury as the activity of the B was delegable and not inherently dangerous
C.) A is not liable to compensate C for the injury as by stepping inside A’s property he took a risk that he might get hurt
D.) A is liable to compensate C as he had a duty to monitor the work done by B.
97.) A engages B, a specialist for protecting crops from harm from animals and pests, to get rid of all the monkeys that have begun to invade her large farm property in such a way that it does not cause much harm to the plants in the farm. B injures C, a worker in the farm, while trying to get rid of a monkey. Which of the following statements most accurately applies to the principle below? Is A liable to compensate C for the injury?
A.) A is not liable to compensate C as he was working on A’s farm and was injured due to his own carelessness
B.) A is not liable to compensate C as B was an independent contractor.
D.) B is liable to compensate C as he had injured C.
98.) Under the Consumer Protection Act, 1986, the pecuniary jurisdiction of District Consumer Forums is Rs:
A.) 10 lakhs
B.) 20 lakhs
C.) 30 lakhs
D.) 50 lakhs
99.) Which section of the CPC provides for out-of-court settlement of Disputes?
C.) 93 (1)
100.) Which Act envisages the institution of Lok Adalat in India :
A.) The Legal Services Authority Act, 1987
B.) the Indian constitution
C.) Family Court Act, 1984
D.) The Advocates Act, 1960
101.) The following are two principles of natural justice:
A.) the party has a right to be heard
B.) No one can be a judge in his own cause
C.) Both a and b
D.) None of the above
1.) D 2.) B 3.) C 4.) D 5.) D 6.) A 7.) B 8.) B 9.) B 10.) C 11.) A 12.) C 13.) A 14.) C 15.) D 16.) B 17.) D 18.) D 19.) B 20.) C 21.) A 22.) A 23.) D 24.) C 25.) C 26.) D 27.) C 28.) C 29.) C 30.) C 31.) C 32.) A 33.) A 34.) D 35.) A 36.) C 37.) C 38.) D 39.) C 40.) C 41.) B 42.) A 43.) A 44.) C 45.) C 46.) A 47.) A 48.) B 49.) D 50.) C 51.) A 52.) D 53.) D 54.) D 55.) D 56.) C 57.) D 58.) B 59.) B 60.) C 61.) A 62.) B 63.) B 64.) C 65.) B 66.) D 67.) A 68.) C 69.) C 70.) C 71.) D 72.) C 73.) D 74.) C 75.) D 76.) A 77.) B 78.) C 79.) C 80.) C 81.) B 82.) D 83.) C 84.) D 85.) A 86.) D 87.) D 88.) D 89.) B 90.) C 91.) C 92.) C 93.) D 94.) B 95.) 96.) A 97.) C 98.) B 99.) B 100.) A 101.) C
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