121752

Bar Council of'lndia
All India Bar Examination IV
2012

Set-D

 

IMPORTANT INSTRUCTIONS

 

 

This booklet contains 100 questions.

Each question carries 1 mark.

Please read all the questions carefully. Each question has four options. There are no multiple
answers of any question.

There is no negative marking.

The duration of this examination is 3 hours.

Please do not fold answer sheet.

Only books and notes for the reference will be allowed in the examination hall. Mobile
phones Laptop and any other electronic devices shall not be permitted inside the
examination hall.

Do not remove the question paper attached with the OMR Answer sheet. Hand over the question paper
and OMR Answer sheet to the invigiiator before leaving the examination hall.

Use only blue/black ball pen to ?ll the OMR answer sheet. You are required to carry your own ball pen.

 

 

    

1.

Who categorized the subject of
jurisprudence as ?Expositorial
Jurisprudence? and censorial Jurisprudence?
A. Holland;

B. Bentham;

C. Kelsen;

D. Paton .

Who described Jurisprudence as Lawyer?s
Extra version?

A. Savigny;

B. Salmond;

C. Julius Stone:

D. Buckland.

?Fiction Theory? is related to which ofthe
following concepts?

Ownership;

Liability;

Justice;

Legal personality.

com?

The Consumer Protection Act was enacted
in: I
A. 1985;
B. 1986;
C. 2005;
D. 2008.

Appeal against the award of Claims
Tribunals under the Motor Vehicles Act
1988 can be made under:

A. Section 171;

B. Section 172;

C. Section 173.;

D. Section 174.

The amendment in Motor Vehicles Act in
1994, the compensation in case of death of
the person is 

A. Rs. 25,000;

B. Rs.50.000;

C. Rs. 70,000;

D. Rs. 90,000.

Under the vicarious liability, the liability is:

A. Joint;
B. Several;

11.

12.

13.

 

C. Both and -
D. Either of the above depending upon
facts and circumstances of the case.

In Torts, in case of Defamation:-

A. Intention to defame is not necessary;
B. Intention to defame is necessary;

c. Bouin)and(nx 
D. Either or 

When was the Advocate Act introduced?

A. 1962;
1959'.
C. 1961;
1966;

. The Bar Council of India consist of

following as ex-of?cio member:
A. Attomey General of India;
B. Solicitor General ofIndia;
C. Both a b;

D. None of the above.

Indian Bar Committee was constituted ?rst
time under the chairmanship of Sir Adward
Chamier in the year: i
A. 1927;

B. 1961;

C. 1949;

D. 1923.

Power of Disciplinary Committee under the
Advocate Act is provided under:

A. Section 42;

B. Section 53;

C. Section 40;

D. Section 36.

The Indian council of Arbitration was
established in:

A. 1956;
B. 1976;
C. 1965;
D. 1996. 

14. Lex Arbitri Means



 

PISArbitral tribunal sitting in India can

apply the buy the Singapore;
B. Just Law;
C. Arbitrary Law;
D. None of these.

In india the Arbitration Conciliation Act
was enacted in

A. 
B. 
C. 1994;
D. 1996.

Section 10 sub section (if the Arbitration
Conciliation Act talks about

A. Power of Arbitration;

B. Numbers of Arbitrations;

C. Capacity of Arbitrations;

D. None of the above.

A Sunni Muslim marries with Kitabya girl.
the marriage is:

A. Valid;

B. Void;

C. Irregular;

D. None of these.

The Dissolution of Muslim Marriage Act,
I939 is based on which School of Muslim
law:

A. Hana? School;

B. Sha? School;

C. Maliki School;

D. Zaidi School.

Under the Hindu Adoption and Maintenance 

Act, 1956 a female Hindu has the capacity

to take a son or daughter in adoption if:

A. She is not married;

B, She is married;

C. She is widow and has no son or
daughter but has a widowed daughter-
in-law;

D. She cannot adopt at all.

A ehild born of void and voidable marriage
under hindu law is 

21.

22.

 

A. Legitimate;
B. Illegitimate;
C. Illegal;

D. None of these.

The father of which of the leader has been
the Deputy Prime Minister of India?

A. Kumari Mayawati;

B. Mrs. Meira Kumar;

C. Mrs. Pratibha Devi Singh Patil;

D. Mrs. Vasundhara Raje.

Who was the Constitutional Advisor to the
Constituent Assembly of India?
A. Dr. Rajendra Prasad;

B. Dr. BR AmbedkarB.N Rao;
D. .Iawa?harlal Nehru.

The concept of?JudiciaI Review? in India is
based on:

A. Procedure established by law;

B. Due process of law;

C. Rule oflaw;

D. International treaties and convention.

Protection of environment is a:
Constitutional Duty;
Directive Principle;
Fundamental Duty;

Both (B) (C).



The item ?Education? belongs to the:
A. Union List;

B. State List;

C. Concurrent List;

D. Residuary Subjects.

While interpreting the phrase ?equality
before the law? contained in Article 14 of
the Constitution, the Supreme Court
constantly maintained that equality means:
A. Absolute equality among human beings;
B. Equal treatment to all persons;

C. Among equals, the law should be equal
and should be equal and should be
equally administered;

D. Both (B) (C).

The number of Fundamental Rights
available in Constitution of India are:
A. Six;

    

B. Seven;
C. Eight;
D. Ten.

28. Which one of the following Fundamental
Rights was described by Dr. BR. Ambedkar
as ?the heart and soul of the Constitution??
A. Rights to equality;

B. Rights to Freedom of Religion;
C. Rights to Constitutional Remedies;
D. All the above.

29. What is the period of appointment of the
Comptroller and Auditor-General of india
A. 6 years;
B. Upto 65 years of age;
C. 6 years or 65 years of age whichever is
. earlier;
D. Upto 62 years of age.

30. Which of the following Writs is abulwark
of personal freedom?
A. Qno Warranto;
B. Mandamus;
C. Habeas Corpus;
D. Certiorari.

3 l. Supremacy of law, Equality before law. and
predominance of legal Spirit are the basic
principles of doctrine of
A. Colorable Legislation;

B. Doctrine of ?Separation of Powers?;
C. Doctrine of ?Rule of Law?;
D. Doctrine of ?Excessive delegation?.

32. ?Rule of Law is the antithesis of 
arbitrariness in all civilized societies. It has
come to be regarded as mark of a free
society. It seeks to maintain the balance
between the opposite notions of individual
liberty and public order? this was opined by
whom in famous ?Habeas Corpus? case?
A. Justice H.R Khanna;

B. Cheif Justice Ray;
C. Justice Chandrachud;
D. Justice? Bhagwati.

33. Maxim' ?delegatus non potest delegaredelegate can further delegate;

B. A delegate cannot further delegate;

C. A delegate must protest delegation
objectively;

D. None of the above.

Consumer Protection Act 1986 is
predominantly based on UN General
Assembly resolution with due-negotiations
in the:

A. 

B. 

C. UN 

D. None of the above.

Which of the following is irrelevant fact

under Evidence Act. 1872??

A. facts regarding motive;

B. facts regarding statements without
related conduct;

C. facts regarding statements clubbed with
conduct; 

D. facts which make other relevant fact as
highly probable.

Test of Competency of witness is:

A. Her being intelligent; 

B. Must be major:

C. Understanding the nature of question;

D. Capable of understanding the nature of
question and giving rational answer.

Which one is exception to ?rule of hearsay?
evidence?

A. dying declaration;

B. facts forming part of same transaction;
C. facts forming plea of alibi;

D. facts regarding character of accuse.

Communication between husband and wife

is treated as privileged if communication:

A. Was made during marriage with promise
of confidentiality;

B. Was made during marriage, even
without promise of con?dentiality;

C. Was made before marriage with promise
of con?dentiality;

D. is made after marriage.

Leading questions can be asked even
without permission of court during

means 

  

Examination-in-Chief;
Cross Examination;
Re?examination;

All of the above.

A.
B.
C.
D.

40. What do you mean by word ?evidence??
A. Every fact connected with ease;
B. Facts introduced in court of law;
C. Both;
D. None.

41. What is fact in issue?
A. Facts involved indirectly;
B. Necessary facts to arrive or determine
rights, liability or immunity:
C. Both;
D. None.

42. Relevant fact is?
A. Facts logically relevant to any fact in

issue; 

B. Facts legally relevant to any fact in
issue;

C. Both;

D. None.

43. The term ?Lock-out? under the Industrial
Dispute Act defined in:
Section 
Section 
Section 
Section 

.5013??

44. The term ?Lay-oft? has been defined under
the industrial Dispute ActSee 

45. The Trade Union Act was enacted:

A. 1926; 
1946;
C. 1947'.
D. 1988.

46. The term ?Minimum Wage? has been
described inThe Industrial Dispute Act;
C. The Minimum Wage Act;
D. None of the above.

 

The Minimum Wages Act was enacted:
A. 1921;
1923;
C. 1947;
D. 2007.

The trade Union Act provide for:

A. registration of trade- union:

B. registration of trade union for workers:

C. recognition of registration of trade union
as Juristic Persons;

D. All ofthe above.

Foreign court under section 2(5) of CFC

means: I

A. A court situation outside lndia;

B. A court situated outside lndia the
authority ofGovernment of lndia;

C. A court situated in lndia applying
foreign law:

D. All of these-

Judgment under section 2(9) means:

A. A decree;

B. Dismissal of an appeal:

C. Statement of grounds of an order or
decree:

D. All the above.

Principle of Res-sub .ludice is provided in:
Section 10 of 
Section 1 
Section 13 
Section 14 of CPC.

com?

. Doctrine of Res-judicata as contained in

section of CPC is based on the maxim:

A. Nemo debet his vexari pro uno eteadem
causa;

B. lnterest republicae at sit ?nis litium;

C. Both 

D. Either or 

A. The Trade Union Act; I I

 

53. Principle of Res-judicata applies:
A. Between Co-defendants;
B. Between Co?plaintiffs;
C. Both 
D. Neither nor 

54. Validity of a foreignjudgment can be
challenged under Section 13 of CPC:
A. in a civil court only;
B. In a criminal court only;
C. In both civil and criminal court; 
D. Neither in civil nor in criminal court.

55. Under section 15 of CPC, every suit shall be
instituted in:
A. The district court;
B. The court of the lowest grade;
C. The court of higher grade;
D. All of the above.

56. residing in Delhi; publishes statements
defamatory to in Calcutta. can sue
at:

A. Delhi;

B. Calcutta;

C. Anywhere in lndia;

D. Either in Delhi or in Calcutta.

S7. A suit for damages for breach of contract
can be filed, at a place: 
A. Where the contract was made;
B. Where the contract was to be performed
or breach occurred;
C. Anywhere in India;
D. Both and 

58. In every plaint, under section 26 of CPC
,facts should be proved by:
A. Oral evidence;
B. Af?davit;
C. Document;
D. Oral evidence as well as document.

59. Which of the following is correct valid contract;

B. One party has no choice but to accept
and sign the contract;

C. Both and 

The consent is not a free consent.

As a general rule, an agreement made
without consideration is_

A. Void;

B. Voidable;

C. Valid:

D. Unlawful.

A contingent agreement based on an
impossible event under Section 36 is 
A. Void;

B. Void till impossible is known;

C. Void when even becomes impossible;
D. Voidable.

. The consensus Lid?idem means:
A. General consensus:
B. Reaching an agreement;
C. Meeting of minds upon the same thing
in the same sense;
D. All the above.

in famous Carlill v. Carbolic Smoke Ball
C0., (1893) QBD 256, the Hob?ble Court
held that the Contract was accepted on
being

A. Communicated;

B. Acted upon;

C. Refused;-

D. Advertised.

lnadequacy of consideration does not make
the 

A. Void;

B. Voidable;

C. Unenforceable;

D. Neither void or voidable.

A jus in personam means a right
againstw_#_

A. A speci?c person;

B. The public at large;

C. A speci?c thing;

D. None of these.

. Exposure of goods by a shopkeeper
is .

standard form contract? -
5

67Offer for Sale;

A

B. Invitation to Offer;
C. Offer;

D. Acceptance.

An agreement to remain unmarried
is

A. Valid; 
B. Void;
C. Voidable.

D. Unenforceable.

An agreement enforceable at law is
A. Enforceable acceptance;

B. Accepted offer;

C. Approved promise;

D. Contract.

An agreement shall be void for:

A. Mistake of fact by one party;

B. Mistake of fact by both the. parties;
C. Mistake of foreign law; I

D. All the above.

Void agreement signifies:

A. Agreement illegal in nature;

B. Agreement not enforceable by law;
C. Agreement violating legal procedure;
D. Agreement against public policy.

A proposal when accepted becomes
A. Promise under Section 

B. Agreement under Section 
C. Contract under Section 2 
D. None of the above.

. Offer under Section 2(a) is

A. Communication from one person to
another;

B. Suggestion by one person to another;

C. Willingness to do or abstain from doing
an act in order to obtain the assent of
other thereto;

D. None of the above.

Which of the following statement is
incorrect
A. Speci?c relief act, 1963, extends to the
whole of India except state of Jammu
and KashmirSpeci?c performance is granted where
there exists no standard for ascertaining
damage;

C. Where the aggrieved party can be
adequately compensated in money, he
will get only a decree for damages and
not the recourse to;

D. None of the above.

. Which the following is the correct

statement:

A. Under Sec.7 the suit maybe for
recovery of special movable property or,
in the alternative, for compensation;

B. Under Sec.8, pecuniary compensation is
not an adequate relief to the plaintiff
for the loss of the article and the relief
prayed is for injunction restraining the
defendant from disposing of the article
or otherwise injuring or concealing it, or
for return of the same;

C. Both and are correct;

D. All are incorrect.

Transfer of property Act, 1882 Unbom
person acquires vested interest on transfer
for his bene?t under transfer of property act

A. Upon his birth;

B. 7 days after his birth;
C. 12 days after his birth;
D. None ofall.

Which Selig transfer of property Act deals
with onerous gift
A. Section 127;
B. Section 126;
C. Section 125;
D. Section 124.

The Negotiable Instruments Act, 188] came
into force on -

A. 9th December, 1881;

B. 19?11 December, 1881;

C. 13' March, 1882;

D. None of the above.

The term ?Negotiable instrument? is de?ned
in the Negotiable Instrument Act, 1881,
under section:

A. Section 12;

B. Section 13;

79Section 
D. Section 138.

The existence of statutes of limitation are

due to: 

A. Long dormant claims have more of
justice in them;

B. The defendant may have lost the
evidence to dispute the stale claim;

C. Persons with good causes of action
should pursue them with reasonable
diligence;

D. All the above.

Limitation Act is applicable to

A. Civil suits;

B. Criminal cases;

C. Both of the following is correct;
D. Civil; all the above.

Upon failure to hold Statutory Meeting, the
penalty for the defaulting Company shall default;

B. Wound up;

C. Rs. 1000 per day of default;

D. None of these.

Free transferability of shares is mandatory in

Listed Company;
Company by shares;
Public Ltd. Company;
Foreign Company.

com??

The Memorandum of Association of a listed
company shall be as per

Table 

Table 

Table 

Table D.

one?

Which of the following clause from
Memorandum of Association cannot be
amended?

Objects Clause;

Liability Clause;

Association Clause;

Registered office Clause.

meow

85the IPC, nothing is an offence which is
done by a Child under 

A. Eight years;

B. Ten years;

C. Seven years;

D. Twelve years.

Right of private defence of the body extends

to voluntarily causing death if the offence.

which occasions the exercise of right:

A. Reasonably causes apprehension that
death will be caused;

B. Reasonably causes apprehension that
simple injury will be caused;

C. is of escaping with stolen property
immediately after the theft:

D. is of arresting a person who is running
away after having committed an offence
of voluntarily causing hurt.

Under Sec. 498 A, the ?Cruelty? means and
includes:

A. Only demand of dowry;

B. Only physical torture; 

C. Both mental physical torture;

D. None ofthe above.

What is the offence where preparation itself
ofa offence is punishable 

A. Theft;

B. Dacoity:

C. Murder;

D. Rape. .

In Rex v. Govinda the points of distinction
between the two provisions of the of the
IPC were explained:

A. Section 34 and Section 149;

B. Section 302 and Section 304;

C. Section 299 and Section 300;

D. Section 403 and Section 405.

A has sexual intercourse with his own wife
aged about 14 years with her consent. A
committed:

No offence;

Offence of Rape;

Intercourse with own wife is not Rape;
As there was consent hence A cannot
be held guilty for the offence rape.



 

 

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