Bar Council of India All India Bar Examination - 25?h August, 2013 [Set Code?A] . 167? LANGUAGE ENGLISH Name of the Candidate: Roll Number: Enrollment Number IMPORTANT INSTRUCTIONS (Kindly read these instructions carefully before attempting this question paper) This Booklet contains 100 questions and each question carries 1 mark. There is no negative marking. Duration of this exam is 3 hours only. Only books and notes are allowed for this examination. Mobile phones, laptop, tabs and/or any other electronic devices are strictly prohibited in the examination hall. 0n possession of any electronic device inside the examination hall, the candidate will be disqualified from the examination. Candidate shall not be allowed to leave the Examination Hall before the conclusion of the examination. Do not forget to submit the question paper and the answer sheet back to the invigilator. Failing to do so would lead to disqualification. Candidate should not remove any page{$) from the booklet and if any page(s) is found missing from his/her booklet would lead to disqualification. Use only blue/black ball pen to fill the OMR answer sheet. OMR filled with pencil or ink pen would be disqualified. Use of whitener/ eraser /blade or fluid is strictly prohibited. it will lead to disqualification. Do not make any stray marks or tear the OMR answer sheet. it will lead to disqualification. Write your roll number carefully and darken the correct corresponding ovals. in case wrong ovals are darkened your answer sheet will not be evaluated. Candidate must follow the instructions strictly as mentioned on the answer sheet. Signature of the Candidate 1 sot the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which-serve their mutual interests A) Expert determination B) Arbitration C) Conciliation D) Negotiation "The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co? operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsrbilities to the community generally." Whose statement is this? A) Chief Justice Marshall B) Chief Justice Coke C) Chief Justice Halsbury D) Chief Justice Bacon The Supreme Court has held that an advocate cannot claim a lien over a litigation ?le entrusted to him for his fees no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for tinpa id remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the speci?c case A) Saxena Vs. Balram Prasad Shanna B) V.C. Rangadurai Vs. D. Gopalan C) Emperor Vs. Dadu Ram D) G. Naranswamy Vs. Challapalli 4. Duty of an advocate towards his client is detailed out in which rules of Bar Council of India mil? 33 to 36 Which Section under the Advocates Act, 1961 deals with disquali?cation as to enrolment? A) S.25A B) S.26A C) S.27A D) S.24A Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other ?led later, wherein a matter in issue in the subsequently ?led suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding? A) 8.11 B) S.9 C) 8.10 D) 5.12 Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff?s action and it is called as A) cross -claim BCI 10. 11. B) set-off C) cross?demands D) cross- decrees An attachment before judgment order takes away A) right to ownership B) right to ?le suit C) power to alienate the property D) capacity of execution of a decree The three pillars on which foundation of every order of injunction rests A) prima facie case, injury with damage and balance of inconvenience B) prima facie case, reparable injury and balance of convenience C) prima facie case, irreparable injury and balance of convenience D) prima facie case, damage without injury and balance of convenience is to enable subordinate courts to obtain in non?appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on. A) Review Reference C) Appeal D) Revision Who decides as to which of the several modes he/she will execute the decree A) Plaintiff B) Court C) Judgment debtor D) Decree holder 12. 13. 14. 15. 16. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as A) Question petition B) Question pamphlet C) interrogatories D) Discovery is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit. A) Joint suit B) Representative suit C) Collusive suit D) Collective suit. A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation A) Amicus curiae B) Preserver C) Protector D) Receiver The provision under CPC that relates to suit by indigent persons A) 0.32 B) 0.34 C) 0.35 D) 0.33 8.5 of the Limitation Act, 1963 enables the court to condone delay in ?ling on sufficient satisfaction of sufficient cause. A) appeal or application B) appeal, suit and application C) appeal, petition and counter petition 17. 18. 20. and counter D) appeal, petition, suit, petition Limitation period prescribed in filing a suit by a mortgagor to recover possession of immoveable property mortgaged A) 20 years B) 12 years C) 10 years D) 30 years Which are the provisions under Indian Evidence Act1 1872 that deals with relevancy of opinion of experts A) Ss.49&50 B) Ss.23&24 C) Ss. 45&46 D) 53818:. 82 . The contents of documents may be proved either by A) Primary evidence or by secondary evidence B) Direct evidence or circumstantial evidence C) Primary evidence or documentary evidence D) Primary evidence or direct evidence Oral accounts of the contents of a document given by some person who has himself seen it is A) Direct evidence B) Circumstantial evidence C) Best evidence D) Secondary evidence . ?The DNA test cannot rebut the conclusive presumption envisaged under $.12 of the Indian ?Evidence Act. The parties can avoid 23. 24. 25. the rigor of such conclusive presumption only by proving non- access which is a negative proof.? It was so held in which case A) ShaikFakruddin v. Shaik Mohammed Hasan AIR 2006 AP 48 B) Siddaramesh v. State of slat?:- :atakai?)?. 0) 3SCC I 52?: t) Kailash State of Madhya Pradesh AIR 20078007 D) Somwaml v. State of Punjab, AIR tE-o; . The statements of dead persons are relevant under which provision Al 9.48 a) 8.49 C) 832(4) D) 8.13 ?Witnesses are the eyes and ears of ustice?. Whose statement is this A) Lord Atkin B) Bentham C) Lord Deming D) Phipson An accomplice is unworthy of credit unless he is corroborated in material particulars is a presumption of fact B) presumption of law C) conclusive proof D) none of the above Patent ambiguity in interpreting documents renders it A) Curable B) In-curable C) Curable and incurable D) none of the above BCI Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal code A) S.120A B) S.120B C) S.153A D) 8.226 The gist of this offence is meeting of minds A) S.120A B) 8.133 c) 8.221 D) 8.340 A places men with firearms at the outlets of a building and tells that they will ?re at if attempts to leave the building. What is the offence committed by A as against A) Wrongful restraint B) Wrongful confinement C) Refusal to leavegthe place D) None of the above Adulteration of food or drink intended for sale is punishable under A) 8.227 B) 8.272 C) 8.277 D) 8273 Voluntarily causing grievous hurt to deter public servant from his duty is A) Cognisable non- bailable offence B) Nan cognisable bailable offence C) Cognisable and bailable offence 31. 32. 33. D) None of the above A obtains property from by saying- ?Your child is in the hands of my gang and will be put to death unless you send us This offence is A) Robbery B) Extortion C) Dacoity D) None of the above Which provision under Criminal procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements? A) 8.164 B) 8.162 C) 8.163 D) Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstruCts a police officer while in the execution of h's duty, or who has escaped, or attempts to escape, from lawful custody under which section A) 8.41 B) 5.41 C) 8.41 D) 5.41 34. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a' period of A) 7 years B) 2years C) 10 years D) Syears 35. 36. 37. 38. Which provision under the Code provides the indication as to the rule against double jeopardy? A) 8.300 B) 8.305 C) 8.309 o) 5.311 ?If an accused '5 charged of a major offence but is not found guilty thereunder, he can be Convicted of minor offence, if the facts established indicate that such minor offence has been committed.? It was so upheld in which case A) Sangarabonia Sreenu vs. State of Andhra Pradesh 8) State of Himachal Pradesh- vs. Tara Dutta C) Shamsher Singh vs. State of Punjab D) Nalini vs. State of Tamilnadu . ?Provisions of 8.195 of the Code are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders?. In which case the court upheld so A) C. Muniappan v. State of Tamilnadu B) Kishun Singh v. State of Bihar C) State of Kamataka v. Pastor P. Raju D) None of the above Order granting anticipatory bail becomes operative becomes operative A) on arrest B) on passing of the order by the court C) prior to arrest D) none of the above 39. 41. 42. A contract made by a trustee in excess of his? powers or in breach of trust cannot be Speci?cally enforced as per A) 5.12 a) 5.119) C) 8. 12(2) v) 5.13 . Under 8.41 of the Speci?c Relief Act. an injunction cannot be granted A 1 to restart: any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought; B) to restrain any person from applying to any legislative body; C) to restrain any person from instituting or prosecuting any proceeding in a criminal matter D) all of the above Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition8.10 It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of - and this has been overruled in the case of A) In re Beruban' Union; Keshavananda Bharathi vs. State of Kerala B) A. K.Gopalan vs. State of Madras; Mane/ca Gandhi vs. Union of India '43. 45. 47. C) {Ajay Hasia vs. Khalid Mtg'ib; Som Prakash vs. Union of India D) LC. Golaknath vs. State of Punjab Shankari Prasad vs. Union ofIhdia By the Constitution (9 7th Amendment) Act, 2011 the following word has been inserted under Art. 19(1) (0) A) Democratic Societies B) Registered Societies C) Cooperative societies D) Cooperative managements . Doctrine of Legitimate Expectation was discussed in the following case A) Ramakrishna Dalmia Vs. Justice Tendolkar B) M.C. Mehta Vs. Union ot'lndia C) State of UP Vs. Deoman D) Food Corporation of India Vs. M/s. Kamdhenu Cattle Feed Industries The Supreme Court in Selvi&0rs. vs State OfKarnataka held that compulsory brain- mapping and polygraph tests and narco- analysis were in violation of the following Articles of the Constitution. A) Art. 23 and 24 B) Art. 15 and 16 C) Art. 29 and 30 D) Articles 20 and 21 . Passive Euthanasia is permitted in certain cases held in A) Aruna Ramachandra Shanbaug Vs. Union of India B) GianKaur Vs. State of Punjab C) P. Rathinam Vs. Union ofIndia D) State of -Maharashtra Vs. Chandraben Delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the 48. 49. 50. directions of the- person delivering them. What is this type of contract called as A) Indemnity B) Guarantee C) Bailment D) Pledge The essence of a contract of agency is the agents A) Representative capacity coupled with a power to affect the legal relations of the principal with third persons. B) Power and title to the property that is being dealt with C) Authority and status of dealing with the trade D) None of the above Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act.? Whose statement is this? A) Halsbury B) Salmond C) Phipson D) Pollock A?s nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that any body who discovered the missing boy, would be given the reward of R5500. The servant discovered the missing boy without knowing the reward. When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts 51. 52. S3. A) Lalman Shukla v. Gauri Dutt B) Donogue v. Stevenson C) Tweedle v. Atkinson D) Dutton v. Poole A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question? A) Section 59 to 61 B) Section 22 of 31 C) Section 10 to 12 D) Section 55 to 60 What property cannot be transferred under 8.6 of Transfer of Property Act, 1882 A) An easement apart from the dominant heritage B) An interest in prOperty restricted in its enjoyment to the owner personally C) A right to future maintenance, in whatsoever manner arising, secured or determined. D) All of the above A transfers property of which he is the owner to in trust for A and his intended wife successively for their- lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. Can the interest so created for the bene?t of the eldest son take e??ectvalid transfer D) None?iof the above 54. The commencement of arbitral proceedings 55. 56. S7. 58. is not dependant on interim relief being allowed or denied under $9 of the Arbitration and Conciliation Act, l996. Supreme Court in which case held so A) Firm Ashok Traders &another v. Gurumukh Das Saluja&others B) M.M.T.C Ltd. v. Sterile Industries (India) Ltd. C) National Thermal Power Corporation v. Flowmore (P.) Ltd. D) Magma Leasing Ltd. v. NEPC Micon Ltd. Which provision of Hindu Marriage Act, 1955 deals with conciliation A) 3.23 s) 523(2) C) 323(3) D) 5.22 Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court A) 8.98 B) 8.99 C) 8.89 D) 8.88 Equal pay for Equal work -can be enforced through A) Art.Art.311 D) Art.309 The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws ~mentioned under 61. A) Art.352 B) Art.256 C) Art.254 D) . Justice Ramanandan Committee relates to A) Union State relations B) Creamy layer C) Finance Commission D) Elections . Original Jurisdiction of the Supreme Court is dealt under A) Art.226 B) Art.130 C) Art.131 D) Art.124 Laws declared by the Supreme court shall be binding on all courts mentioned under A) Art.l42 B) Art.l43 C) Art.136 D) Art.141 . According to the theory of ?social utilitarianism? as propounded by Ihering A) greatest number of people should get greatest pleasure B) the essential body of legal rules is always based upon the social ?facts? of hw C) a balance is to be struck between the competing interests in society D) law is a means to social ends . Obstructing Public Servant in discharge of h's public functions is a A) nonbaila'ble offence B) baihble offence C) civil wrong D) none of the above 64. 65. 67. Compensation to Victims of Crime under Criminal Law relates to A). 8.336 B) 5.331 C) 8.335 D) 8.357 What persons may be charged jointly and tried together under 8.223 of A) persons accused of the same offence committed in the course of the same transaction B) persons accused of an offence and persons accused of abetment of or attempt to commit such offence C) persons accused of di??erent offences committed in the course 03' the Same transaction D) allthe above. . ?Contravention of contract labour Act?Would not create employment relationship between contract labour and principal establishment." It was so held in which case A) SAIL vs. National Union Water front Workers B) Air India Statutory Corporation vs. United Labour Union &Ors C) Bangalore Water Supply and Sewerage Board vs. A.Rajappa D) State of UP vs. Jai Bir Singh The Principal regulator envisaged under the Trade Unions Act, 1926 A) Regulator of trade unions B) Inspector of trade unions C) Registrar of trade unions D) Industrial relations committee 68. 70. 71. A teacher '3 not a workman falling under the . category of Workman under Industrial D'sputes Act, 1947.This was upheld in which case A) Miss A. Sundarambal v. Government 0f Goa, Daman And Diu others B) Ahmedabad Pvt. Primary Teachers' Association v. Administrative Officer And Ors C) University of Delhi v. Ramnath D) Secretary, Madras Club Employees Union v. Management Of The . The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was- performing at the time of the accident is referred to as A) Permanent partial disablement B) Permanent total disablement C) Temporary disablement D) Temporary total disablement The contribution payable under the E31 Act in respect of an employee shall comprise of - A) contribution payable by the employer only B) contribution payable by the employee only C) contribution payable by government only D) contribution payable by employer and employee Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid ?off to claim for compensation A) 325-0" 72. 73. '74. 75. 76. B) 8.26 C) S.25-C D) S.25-M Natural law is the idea that A) there are rational objective lintits to the power of legislative rulers. B) there are no limits to the power of legislative rulers. C) there are limits to the power of the executive laid by the legs lature. D) Law is the command of the sovereign H. L. A Hart?s name is associated with the book A) Province and Function of law B) The Concept of Law C) Social Dimensions of law D) Theories of Social Change Section 9 of the Hindu Marriage Act, 1955 deals with A) Restitution of Conjugal Rights B) Void Marriages C) Judicial Separation D) Grounds of Divorce Daughter is equated with the son with reference to joint family property under A) Hindu Succession Amendment Act 2002 B) Hindu Succession Amendment Act 1976 C) Hindu Succession Amendment Act 1978 D) Hindu Succession Amendment Act 2005 Mubara 'at under Muslim law refers to A) Divorce at the instance of Wife B) Cruelty C) Dissolution of marriage with mutual consent D) Ila . The discriminatory aspects of 8-10 of Ind'nn Divorce Act (now Divorce Act) was removed by substituting new section by the A) Indian Divorce Amendment Act of 2001 B) Divorce Amendment Act of 2002 C) Indian Divorce Amendment Act of 2006 D) Indian Divorce Amendment Act of 2012 78. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the tribunal for winding up of the company. The petition A) is liable to be dismissed. B) will succeed. C) will be kept pending till the conditions improve. D) will not be admitted. 79. Amalgamation of Companies in National Interest is dealt under A) Section 388 of the Companies Act B) Section 378 of the Companies Act C) Section 396 of the Companies Act D) Section 390 of the Companies Act 80. Under Section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than A) 21 days B) 30 days C) 40 days D) 14 days 81. A private limited company limits the number of members 150 82. Contributory negligence means A) The failure by a person to use ?i'easonable care for the safety of either of himself or his property 83. 84. 85. 86. B) Volunteer to pay for the negligence of others C) Contributing the money or money?s worth for others wrongs D) Inciting others to commit civil wrong. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a- vis the tortious principle of strict liability. Held in the case of A) Francis Caroli Vs. state B) Shriram food and Fertilisers case C) PUCL Vs. Union of india D) State of Punjab Vs. Singh Chawla tort is a civil wrong for W'f?ilCll tit}; remedy is an action for unliquidate-J damages and which is not exclusively the- breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation? Whose Statement is this A) Winfield B) Salmond C) Polliock D) Grif?th Under section 20 of the M.V. Act I a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for A) Imposing penalty only B) Punishment only C) Both punishment and penalty D) Disquali?cation under the Act. Consumer Protection Act was brought into operation in the year 87. 88. 89. A) 1987 B) 1986 C) 1985 o) 1934 Under Consumer Protection Act, the jurisdiction of the District Forum should not exceed rupees A) Fifty Thousands B) Twenty Five Thousands C) One lakh D) Twenty lakhs The Second principle of Rule of Law of A.V. Dicey) relates to A) Equal protection of the laws B) Equality before law C) Dignity of the individual D) Administrative Courts If a Quasi-judic ial authority violates the principles of natural justice, the appropriate writ would be A) Mandamus B) Habeas Corpus C) Quo warranto D) Certiorari . A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 3233 of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power ofjudicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art. 32. This is an integral part of the basic structure of the constitution. Name the case A) L. Chandra Kumar vs. Union of India B) Kihota Hollohon vs. Zachilhu C) Nagamj vs. State of AP. D) Raj endra Sing/1 Rana vs. Swami Prasad Marilyn 11 91. 92. 94. Accepting any other satisfaction than the performance originally agreed is known as A) reciprocal agreement B) reciprocal acceptance C) reciprocal accord and satisfaction D) accord and satisfaction ?Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in reSpect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it.? In which case the principle was down so: A) Clegg v. Hands B) Kapur Chand v. Himayat Ali khan C) Frost v.Knight D) Hadley v.Baxendale . When a misrepresentation has been made, what are the alternative courses open to an aggrieved A) He can avoid or rescind the contract B) He can af?rm the contract and insist on the misrepresentation being made C) He can rely on upon the misrepresentation, as a defence to an action on the contract D) Allofthe above A solicitor sold certain property to one of his clients. The client subsequently alleged that the preperty was cons iderably overvalued and his consent was caused by 95. 97. 98. Court considered the relationship between the parties to reach the decision. A) Coercion B) Misrepresentation C) Undue in?uence D) EstOppel ?The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised 'shall be performed?. Whose statement is this? A) Lord Black B) Henderson C) Anson. D) Salmond . Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic. A) Balfour v. Balfour B) Donogue v. Stevenson C) Deny v. Peek D) Birch v. Birch According to the Indian law in a lawful contract, consideration A) Must move from prom isee only B) 'May move from promisee or any other person C) is not necessary at all None of the above Raghav owes Murli Rs. debt is time barred by the limitation Act. Even then Murli, promises in writing to pay Raghav R. On account of debt and signs the document. This contract is A) Enforceable B) Unenforceable C) Void D) None of the above . An agency can be terminated by A) Agreement between parties B) By renunciation by the agent C) By completion of bus iness of agency D) All the above 100. Which type of loss are not covered by a contract of indemnity A) Loss arising from accidents like ?re or perils of the sea B) Loss caused by the promisor himself or by a third person C) Loss arising by human agency D) None of the above AIBE 5 Set Code A Answer 100 Answer Answer