AIBE: Mock test 6, Solve the Mock Test to strengthen your Preparation for All India Bar Exam and increase your chances of clearing the paper.
Mock Test 6
1.) Doctrine of election is based on the foundation that a person taking the benefit of an instrument must
A.) not bear the burden
B.) burden is not the subject of election
C.) burden is the subject of election
D.) bear the burden
2.) frost v knight is a leading case on
A.) s.32
B.) s.33
C.) s.34
D.) s.35
3.) which among the following is a law based on equity
A.) indian contract act 1872
B.) indian penal code 1863
C.) indian partnership act 1932
D.) specific relief act 1963
4.) which section of specific relief act describes temporary injunction
A.) 45
B.) 41
C.) 37
D.) 36
5.) the maintenance amount which can be transferred is
A.) future maintenance
B.) right to future maintenance
C.) arrears of maintenance upto a certain date
D.) none of the above
6.) the maximum period during which a property can be tied up is
A.) only 15 years
B.) one or more life or lives in being at the date of transfer and the minority of an unborn person
C.) during the lifetime of the transferor and the minority period of an unborn person
D.) none of the above
7.) whoever causes bodily pain disease or infirmity to any person is said to have inflicted……. On victim
A.) grievous hurt
B.) hurt
C.) assault
D.) none of the above
8.) personation at election is an offence under s…… of IPC
A.) 124A
B.) 121 A
C.) 153 B
D.) 171 D
9.) raman having found a key of raju’s house which raju had lost, commits a house trespass by entering raju’s house after opening the door with that key. Raman has comitted the offence of
A.) house trespass
B.) criminal trespass
C.) house breaking
D.) none of the above
10.) ……. Defined crime as a violation of public rights and duties to the whole community considered as community
A.) Blackstone
B.) justice Bhagwati
C.) V.R Krishna Iyer
D.) Lord Heward
11.) Who among the following is not a public servant?
A.) liquidator
B.) a civil judge
C.) secratory of cooperative society
D.) none of the above
12.) The sampoorn grameen rozgar yojna was launched in 2001 and was implemented through
A.) labour offices
B.) government
C.) panchayati raj institution
D.) all of the above
13.) Right to freedom to acquire, hold and dispose of property is abolished by
A.) 44th amendment act 1978
B.) 43rd amendment act 1976
C.) 50th amendment act 1950
D.) 1st amendment act 1951
14.) Which of the following is covered under the definition of state
A.) The Indian statistical institute
B.) Indian counsel of agricultural research
C.) Sainik school society
D.) NCERT
15.) National conservation strategy and policy statement on environment and development is a major environmental and development is a major environmental policy in india and it was passed in the year
A.) 1988
B.) 1982
C.) 1992
D.) 1990
16.) …….. Of environment protection act defines environment
A.) 2(a)
B.) 3(a)
C.) 1(a)
D.) 11(a)
17.) Polluter pays principle means
A.) a polluter shall bear the cost of pollution as the polluter is responsible for pollution
B.) polluter shall not necessarily bear the cost as he might not be responsible for the pollution
C.) a polluter may bear the cost of pollution as the polluter is responsible for pollution
D.) none of the above
18.) Pollution is a civil wrong, if a tort committed against the community as a whole, a person who is guilty of causing pollution has to pay damages for restoration of the environment he also has to pay
A.) Exemplary damages
B.) Nominal damages
C.) Real damages
D.) None of the above
19.) Section 89 of CPC was incorporated through CPC amended act of ……. Which is the prominent provision that discusses about the jurisdiction of civil courts in applying alternate dispute resolution mechanisms
A.) 1989
B.) 1999
C.) 1988
D.) 2009
20.) In case the Supreme Court held that Part I of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties
A.) Bhatia international vs bulk trading S.A
B.) United India Inc Company ltd vs associated transport corp. ltd.
C.) Hakam singh vs gammon ltd.
D.) Ajmera brothers vs. suraj naresh kumar jain
21.) Establishment of permanent lok adalat is envisaged under s….. Of the legal service authority act1987
A.) 22B
B.) 22A
C.) 22(1)
D.) 22
22.) What are the remedies open to the party aggrieved in a suit of contract
A.) Specific performance and injunction
B.) Specific performance and damages
C.) Specific performance only
D.) All of above
23.) A’ resides at delhi and ‘B’ at Agra. B borrows Rs. 20,00 from A at benares and passes a promisory note to A payble at benaras. B fails to repay the loan . A may sue B at
A.) Benaras or agra
B.) Benares only
C.) Agra only
D.) Benares, agra, delhi
24.) The general principle of waiver that provides that failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent stage and the judgement would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of CPC
A.) s.15
B.) s.16
C.) s.51
D.) s.21
25.) Act of court can do no wrong to any person. Which concept relates to this ideology
A.) precept
B.) caveat
C.) restitution
D.) injunction
26.) As per the provision of Crpc the word inspection used in section 93(1)© refers to
A.) things or documents
B.) documents only
C.) locality and place
D.) none of the above
27.) Statement recorded during an investigation under s 161 of crpc can be used during trial for
A.) corroborating the witness
B.) contradicting the witness
C.) both A and B
D.) neither A nor B
28.) if an accused is charged of a major offence but is not found guilty, he can be convicted of minor offence, if the fact established indicates that such minor offence has been committed, it was held in which case
A.) sangarabonia sreenu v state of A.P
B.) state of Himachal Pradesh vs tara dutta
C.) shamsher singh vs state of punjab
D.) nalini vs state of tamil nadu
29.) Ex dolo malo oritur is
A.) an action arose only when a right infringes
B.) an action could not prevent a legal right
C.) no action on an immoral act
D.) none of the above
30.) Quifacit per aliumfacit per se means
A.) act of an agent is the act of principal
B.) act of agent is not the act of principal
C.) principal and agent are liable jointly
D.) agent must not act in contravention of the act of principal
31.) The concept of privity of contract was rejected in
A.) winterbottom vs wright
B.) donoghue vs stevenson
C.) longmeid vs holiday
D.) heaven vs pender
32.) …… is observed as the world consumer rights day
A.) 15t march
B.) 16th march
C.) 12th march
D.) 11th march
33.) Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases
A.) bhatia international vs bulk trading S.A
B.) indian medical association vs VP shantha and ors.
C.) maneka gandhi vs UOI
D.) lucknow development authority vs MK Gupta
34.) Renewal of driving licenses is envisaged under s… of motor vehicle act1988
A.) 20
B.) 21
C.) 22
D.) 15
35.) S. 82 of IPC is an illustration on
A.) presumption of fact
B.) presumption of law
C.) presumption of fact and law both
D.) none of the above
36.) Meaning of nemo moriturus praesumitur mentire
A.) a dying man can never speak truth
B.) a dying man can never speak false
C.) a dying man can speak truth
D.) a dying man may not speak false
37.) If a court lower to the sessions court tries a murder case that court is called as-
A.) coram sub judice
B.) coram non judice
C.) coram non sub judice
D.) coram judice
38.) Rashtriya swasthya bima yojna is mainly meant to serve the needs of
A.) organised workers
B.) unorganised workers
C.) unrecognised sector workers belonging to BPL category and their family members
D.) All of the above
39.) Equal pay for equal work for both men and women is proclaimed under ….. Of the constitution of india
A.) Art. 39(a)
B.) Art. 39(d)
C.) Art.39(b)
D.) Art.39(c)
40.) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him the employer shall pay to such workman subsistence allowance. This provision was inserted in the industrial employment Act 1946 in which year
A.) 1992
B.) 1982
C.) 2009
D.) 2010
41.) ……. Was a leading case on the point as to whether the employer has a right to deduct wages unilaterally and without holding an inquiry for the period the employees go on strike or resort to go slow
A.) bank of india vs TS kelawala and ors.
B.) Randhir singh vs UOI
C.) kamani metals and alloys ltd. Vs their workmen
D.) workmen vs reptakos brett and co ltd.
42.) Under the Industrial Disputes Act, if the employer terminates the services of an individual workman any dispute any dispute arising out of such termination shall be deemed to be
A.) industrial dispute
B.) individual dispute
C.) both industrial and individual dispute
D.) none of the above
43.) Gloucstershire grammar school case is a leading case to explain
A.) volenti non fit injuria
B.) injuria non fit volenti
C.) damnum sine injuria
D.) injuria sine damnum
44.) Main characteristic of the Code of Criminal Procedure is
A.) empowerment of executive megistrate
B.) separation of legislature from executive
C.) separation of executive from judiciary
D.) separation of revenue work from executive
45.) Object of investigation is
A.) To punish accused
B.) To acquit accused
C.) To collect evidence
D.) To convict accused
46.) Any dispute relating to possession of immovable property is decided by
A.) Judicial Magistrate
B.) Executive Magistrate
C.) Either by Judicial or Executive Magistrate
D.) Neither by Judicial or Executive Magistrate
47.) A conditional order for removal of public nuisance under section 133 Cr. P.C. may be passed by –
A.) The District Magistrate only
B.) The Sub-Divisional Magistrate only
C.) The Executive Magistrate only
D.) Any of above Magistrates
48.) In reference of information relating to commission of cognizable offence which of following statement is not correct? –
A.) it may be given to the officer incharge of police station
B.) It is reduced to writing by or under direction of officer incharge of police station
C.) Information reduced to writing is to be signed by person giving it
D.) Copy of information cannot be given free of cost to informant –
49.) Procedure for summary trail is provided in which section of Cr. P.C.?
A.) Section 251 to Section 260
B.) Section 238 to Section 250
C.) Section 260 to Section 265
D.) Section 255 to Section 265
50.) When a person who would otherwise be competent, to compound an offence under section 320 of Cr. P.C. is dead, then? –
A.) Offence cannot be compounded
B.) Offence can be compounded by an eye witness
C.) Offence can be compounded by legal representative of such person without consent of the Court
D.) Legal representative of such person can compound offence with consent of the Court
51.) When can a trial court release an accused on bail under section 389(3) of Cr. P.C. after conviction?
A.) Where accused is on bail, and imprisonment is not exceeding 3 years
B.) Where accused is on bail, and imprisonment is not exceeding 5 years
C.) Where accused is on bail, and imprisonment is not exceeding 7 years
D.) Where offence is exclusively bailable whether accused is on bail or not
52.) In proceeding under section 107 of the Code of Criminal Procedure an Executive Magistrate may require to execute a bond for keeping peace for such period not exceeding…as Magistrate thinks fit.
A.) 1 year
B.) 2 years
C.) 3 years
D.) 6 months
53.) Point out the incorrect statement
A.) In a cognizable offence any police officer may without any order from a Magistrate and without a warrant arrest any person
B.) A private person may arrest or cause to be arrested any person committing a cognizable offence
C.) An Executive Magistrate may arrest offender when any offence is committed in his presence and within his jurisdiction
D.) none of the above
54.) Rabindra Kumar Pal and Dara Singh v Republic of India, a famous case coming under S.30 of Evidence Act is also well known as
A.) Graham Staines Murder Case
B.) Graham Bells Murder Case
C.) Graham Street’s Murder Case
D.) Graham Stoits Murder Case
55.) Statement by a person who is dead is a relevant fact under ____ of the Indian Evidence Act
A.) Section 32
B.) Section 11
C.) Section 34
D.) Section 45
56.) A chargesheet filed under Section 173 of Cr. P.C. is an example of __
A.) Public document
B.) Private document
C.) Patent document
D.) Latent Document
57.) Procedure of investigation of criminal cases under the Criminal Procedure Code is contained in the chapter __
A.) XI
B.) XII
C.) X
D.) IX
58.) Identify the correct order in which the following law making treaties are concluded – (1) The Vienna Convention on Consular Relations (2) The General Agreement on Trade and Tarrifs (3) The Declaration of Paris
A.) 1, 3, 2
B.) 3, 2, 1
C.) 2, 1, 3
D.) 1, 2, 3
59.) Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?
A.) The Drago Doctrine
B.) Right of Asylum
C.) Doctrine of Equality
D.) Pacta Sunt Servanta
60.) General Assembly adopted the definition of the word aggression through
A.) Resolution 3314 (XXIX), 1974
B.) Resolution 3312 (XXXIX), 1973
C.) Resolution 2213, 1982
D.) None of the above
61.) The admission of a new political entity into the United Nations can be termed as
A.) Express recognition
B.) Conditional recognition
C.) Collective recognition
D.) De-facto recognition
62.) “A state is and becomes and international person through recognition only and exclusively.” Who stated this?
A.) L. Oppenheim
B.) Hobbes
C.) Fenwick
D.) Starke
63.) The United Nations Committee on International Trade Law (UNCITRAL) adopted the model law on e-commerce on
A.) 1997
B.) 1998
C.) 1996
D.) 2013
64.) Section 3 of Information Technology Act, 2000 which was originally “Digital Signature” was renamed as _____ in ITAA 2008
A.) Digital Signature and Electronic Signature
B.) Digital Signature and e-Signature
C.) Digital and Electronic Signature
D.) None of the above
65.) Which of the following are digital signature certifying authorities in India
A.) M/s. Safescrypt
B.) M/s. NCERT
C.) M/s. MTL
D.) All of the above
66.) Section 43 of the IT Act deals with
A.) Criminal liability
B.) Civil liability
C.) Both of the above
D.) None of the above
67.) “When a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.” Which section of the ITAA, 2008 envisages so?
A.) 43
B.) 43A
C.) 43B
D.) 43C
68.) R obtained a sum of Rs. 50,000/- from D by putting D in fear of death. Here R commits
A.) Extortion
B.) Cheating
C.) Mischief
D.) Robbery
69.) Period of limitation for execution of the order of maintenance is ____ from the date on which it becomes due.
A.) 1 year
B.) 5 years
C.) 9 years
D.) 15 years
70.) The jural correlative of immunity is
A.) Power
B.) Disability
C.) No claim
D.) Claim
71.) Who defines “eternal law as the divine order or will of God which requires the preservation of natural order and forbids the breach of it”
A.) Ambrose
B.) Augustine
C.) Gregory
D.) All of the above
72.) “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one”. Who stated so?
A.) Thomas Paine
B.) Gregory Peck
C.) Jefferson
D.) Dicey
73.) The Constitution of India has recognized the concept of tribunals as instruments of quasi-judicial administrative adjudication
A.) Article 39A and 39B
B.) Article 323A and 323B
C.) Article 368
D.) Article 202A and 202B
74.) Nemo judex in causa sua meaning no man can be a judge in his own cause was first stated by ____ in Dr. Graham’s Case
A.) Lord Grey
B.) Lord Heward
C.) Lord Coke
D.) Lord Moulton
75.) General power of the Bar Council of India to make rules is envisaged under which Section of the Advocates Act, 1961
A.) Sec 48
B.) Sec 49
C.) Sec II-2
D.) Sec IV A
76.) Seven lamps of advocacy is attributable to
A.) Justice Abbot Parry
B.) Justice Heward
C.) Justice Bhagwati
D.) Justice Grey
77.) Which Section of the Advocates Act, 1961 speaks of disciplinary powers of the Bar Council of India?
A.) 35
B.) 37
C.) 36
D.) 39
78.) Section __ of the Advocates Act speaks of constitution of Legal Aid Committees
A.) 9
B.) 10
C.) 9A
D.) 10A
79.) Who among the following is not empowered to tender pardon to an ‘accomplice’ under
the Code of Criminal Procedure
A.) Metropolitan magistrate
B.) Chief Judicial Magistrate
C.) a Magistrate of the First Class
D.) Magistrate of Second Class
80.) A complaint case is commenced by
A.) Filing a complaint before the Executive Magistrate
B.) Writing a letter to the Superintendent of Police or the Commissioner, as the case may
C.) Filing an FIR
D.) Filing a complaint before the Judicial Magistrate
81.) A conditional order for removal of public nuisance under the Code of Criminal Procedure may be passed by
A.) District Magistrate
B.) Executive Magistrate specially empowered
C.) Sub-Divisional magistrate
D.) Any of the above authorities
82.) Who among the following is not empowered to tender pardon to accomplice under the code of criminal procedure
A.) Metropolitan Magistrate
B.) Magistrate of Second Class
C.) Chief Judicial Magistrate
D.) a Magistrate of the First
83.) Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of ____ which is the prominent provision that discusses about the jurisdiction of civil courts in applying Alternate Dispute Redressal Mechanisms
A.) 1999
B.) 1989
C.) 1988
D.) 2009
84.) Which one of the following is not essential for an offence?
A.) Intention
B.) Motive
C.) Prohibited Act
D.) Punishment for act
85.) In which of the following mens rea has been considered to be an essential element of an offence?
A.) Srinivasmal Barolia Vs. Emperor
B.) R. Vs. Tolsen
C.) Nathulal Vs. State of Madhya Pradesh
D.) All of the above
86.) Which one of the following is not a valuable security?
A.) A postal receipt for an insured parcel
B.) A rent note
C.) A promissory note
D.) Added of divoree
87.) Common Intention means–
A.) Similar intention
B.) Same intention
C.) Sharing of intention by all persons
D.) Common plans
88.) Nothing is an offence which is done by a child of –
A.) Eight years
B.) Ten years
C.) Seven years
D.) Twelve years
89.) What punishment may be awarded to the person, whose act is covered under general exceptions?
A.) No punishment
B.) Half of the punishment prescribed for that offence
C.) One-fourth of the punishment prescribed for offences
D.) Depends upon the discretion of court
90.) A makes an attempt to pick pocket of B by thrusting his hand into B’s pocket. A fails in the attempt in consequence of B’s having nothing in his pocket. A is guilty of –
A.) No offence
B.) Theft
C.) Attempt of theft
D.) Using Criminal Force
91.) Making preparation to commit dacoity is punishable in the Indian Penal Code 1860 under–
A.) Section 393
B.) Section 395
C.) Section 398
D.) Section 399
92.) A does sexual intercourse with a widow below 16 years of age with her consent–
A.) A has not committed Rape
B.) A has committed Adultery
C.) A has committed Rape with B
D.) Nothing above is correct
93.) Section 2 of Indian Contract Act provides
A.) Proposal
B.) Consideration
C.) Agreement
D.) Void Contract
94.) Section 6 of The Indian Contract Act 1872 provides
A.) Revocation how made
B.) Revocation of proposal
C.) Communication of proposal
D.) Nothing above is correct
95.) An agreement enforceable at law is a
A.) Enforceable acceptance
B.) Accepted offer
C.) Approved promise
D.) Contract
96.) Every promise and every set of promises, forming the consideration for each other, is an
A.) Agreement
B.) Contract
C.) Offer
D.) Acceptance
97.) In a valid contract, what comes first
A.) enforceability
B.) acceptance
C.) promise
D.) proposal
98.) Tender is
A.) an offer
B.) an invitation to offer
C.) a counter offer
D.) a promise
99.) In India, the express provisions of the Contract Act applies to
A.) Hindus.
B.) Females.
C.) Businessman.
D.) All of the above
100.) ____ is a one-sided contract in which only one party has to perform his promise or obligation.
A.) Void contract
B.) Illegal agreement
C.) Unilateral contract
D.) Bilateral contract
Answers
1.) D 2.) D 3.) B 4.) D 5.) C 6.) C 7.) B 8.) D 9.) A 10.) A 11.) D 12.) C 13.) A 14.) A 15.) C 16.) A 17.) A 18.) A 19.) B 20.) A 21.) A 22.) D 23.) C 24.) D 25.) A 26.) C 27.) A 28.) B 29.) D 30.) A 31.) B 32.) A 33.) B 34.) D 35.) B 36.) B 37.) B 38.) C 39.) B 40.) B 41.) A 42.) A 43.) C 44.) C 45.) C 46.) B 47.) D 48.) D 49.) C 50.) D 51.) A 52.) A 53.) D 54.) A 55.) A 56.) A 57.) B 58.) D 59.) D 60.) A 61.) C 62.) A 63.) C 64.) A 65.) A 66.) D 67.) B 68.) A 69.) A 70.) A 71.) B 72.) A 73.) B 74.) B 75.) B 76.) A 77.) C 78.) C 79.) D 80.) D 81.) D 82.) B 83.) A 84.) B 85.) D 86.) D 87.) D 88.) C 89.) A 90.) C 91.) D 92.) C 93.) A 94.) A 95.) D 96.) A 97.) D 98.) B 99.) D 100.) C
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