Bar Council of India All India Bar Examination VI .1 3 F- 3 8 19?? January 2014 [Set Code 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. Candidates are required to submit the question paper, answer sheet and their admit card after the examination. 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 pagelS) from the booklet and if any pagels) 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 disquali?ed. 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 df the Candidate The Criminal Procedure Code ensures that - A) Principle of separation of powers of each limb of the State is not breached B) Principle of combined of powers of each limb of the State is not breached. I C) and D) Principle of separation of powers of each limb of the State is breached. Section 6 of the de?nes? A) Classes of Criminal Courts B) Classes of District Courts C) Classes of Municipal Courts D) Classes of Civil Courts When an offence is bailable: A) A person has no right to be released on bail upon arrest. 8) A person has a right to be released on bail upon arrest. C) A right to be released is dependent on the exercise of judicial discretion. D) A person shall be released within 24 hours As per section 273 of how an evidence is to be taken? A) In the presence of accused. B) When personal attendance of the accused is dispensed with, in the presence of his pleader. C) In presence of police D) Both and If a woman sentenced to death is found to be pregnant, the High Court shall Order the execution of the sentence A) To be postponed. B) If thinks ?t commute the sentence to imprisonment for life. C) Sent for medical assistance D) Non- Judicial mandate of powers. Under which section of the the procedure when investigation cannot be completed within twenty-four hours has been described? A5) Sec.165 B) Sec.167 C) Sec.166 D) Sec.164 What is provided by the Code of Criminal Probedure 1973? A) The Code provides the procedure for the impiementation of the criminal justice system B) It provides the mechanism for the investigation in to trial of offences C) The code provides the procedure for the implementation ofthe civil justice system. D) and As per section 2(c) a cognizable offence is A) Where a police of?cer may arrest without warrant. B) Where a police officer may not arrest without warrant C) Where a police officer may arrest with permission of a court D) Any person in the public can arrest Section 100 of the refers to A) Seizure B) Search C) Summons D) Search-warrants . ls there any maximum period for which an under?trial can be detained under Section 436 A ofthe A) Yes, half of the Maximum period of imprisonment Speci?ed for that offence B) No period is prescribed C) Court can decide D) Maximum 90 days . Presumption oflaw is A) Discretionary and rebuttable B) Mandatory and rebuttable C) Mandatory and irrebuttable D) All of the above 12. In Selvi?s case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of A) Art,20(3) and Art.21 B) Art.21 and Art.23(2) C) Art 23 and Art.21 D) Art.20(2) and Art.20(1) 13. According to the Law Commission of India 69 th Report, 8.27 of the Indian Evidence Act . is based on the A) Doctrine of introspection B) Doctrine of testimonial incrimination C) Doctrine of con?rmation D) None of the above 14. 8.99 of the indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle A) Pacta tertii nec nocent nec prosunt B) Pacta sunt servanda C) Action personalis moriturcum persona D) None of the above 15. Burden of proving that person is alive who has not been heard of for seven years is on whom A) One who denies it B) One who affirms it C) Any third person lstranger D) None of the above 16. The Court?s discretion to permit leading questions is con?ned only to matters which are A) Introductory facts B) Undisputed facts C) Facts already suf?ciently proved to the satisfaction of the court D) All the above 17. The question is whether A murdered B. Marks produced by a struggle 23. near the place where the murder was committed, are relevant facts under 3.11 8.93 of the Indian Evidence Act treats the patent ambiguity as A) Curable B) incurable C) Proper D) None of the above A promise or set of promises forming consideration ?to each other is known as A) Proposal B) Consideration C) Agreement D) Contract A past consideration under lndian Law A) invalid- B) Valid C) Void D) Voidable Caveat emptor means A) Purchaser beware B) Seller beware C) Things outside commerce D) A warning letter Consensus ad idem means A) Good faith B) Opinion of third parties C) Opinion of the offeree D) Meeting of the minds Agreement in restraint of marriage is A) Contingent contract B) Wager C) Void D) Valid 1 on the ground 2 24tells B, the shopkeeper, ?Give the Goods, I will see you paid? this contract is A) Bailment B) Agency C) Guarantee D) Indemnity A contract to perform the promise or discharge? the liability of a third person in case of his default - is a contract of A) Guarantee B) Default C) Indemnity D) Partnership ?He who does an act through another, does it himself? is a contract of A) Sale B) Purchase C) Agency D) Partnership When at the desire of the promisor, the promisee or any other person has done or abstained from doing something or does or abstains from doing something or promises to do or abstain from doing something, such act or abstinence or promise is called a A) Proposal B) Consideration C) Acceptance D) Agreement owes Rs.20, 000 but this debt is barred by Limitation Act. executes a written promise to pay Rs.15, 000 on account of debt. This is A) Invalid B) Void C) Valid D) Voidable Whenf?a negotiable instrument is delivered conditionally or for a special purpose as a collatel'al security or for safe custody only, and 30. 31. 32. 33. not for the purpose of transferring absolutely property therein, it is called A) Fictitious Bill B) Inchoate instrument C) Escrow D) Clean Bill Which one of the following is a promissory note when A signs the instrument? A) I promise to pay or order Rs. 10,000/- on demand B) Mr. l.0we.You. Rs. 10,000!- C) I promise to pay Rs. 10,000/? and such other sums which shall be due to him D) I promise to pay on his request Rs. 10,000/? on the death of Transfer of Property Act applies to transfers A) By partition in ajoint family B) Inter vivos C) Both between animate and inanimate objects D) Between living and nonliving persons A transfer?s 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. The interest-so created for the bene?t of the eldest son A) Does not take effect B) Takes effect C) Partially takes effect D) None of the above A transfer of an interest in speci?c immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an i engagement which may give rise to a pecuniary liability is called A) Sale B) Gi? C) Mortgage ..3 34. 35. 36. 37. D) Lease A lease of immovable property from year to year. or for any term exceeding one year or reserving a yearly rent, can be made only by a A) Oral agreement B) Written agreement C) Partition D) Registered instrument Speci?c performance of contract can be ordered, at discretion of Court A) When the act agreed to be dome is such that compensation in money for nonpert'ormance will not give suf?cient relief B) When the act agreed to be done is Such that compensation in money for nonperfoimance will give suf?cient relief C) Contract, performance of which involves a continuous duty, which Court cannot supervise D) Speci?c performance of contract of personal nature cannot be ordered. Under Section 9 of Specific Relief Act, the person against whom the relief is claimed may plead by way of defense any ground which is available to him A) Under law oftrots B) Under any law relating to contracts C) Under IPC D) Under The following contract cannot be specifically enforced A) A contract the performance of which . involves the performance of a continuous duty which the court cannot supervise. B) A contract the performance of which involves the performance of a co'ntihuOus duty which the court can supervise. C) A Tort the discharge of which involves the performance of a continuous obligation D) A contract for the non-performance of which compensation is not adequate relief Set-A 38. A sells a TV to a minor, who pays for it by means of a cheque. A indorses that cheque to X. takes it in good faith and for value. This Cheque was dishonoured on presentation. can enforce payment of the cheque A) Against Minor 8) Against Minor and A C) Against A only D) Cannot enforce against any body . Who has the authority to prescribed quali?cations and disqualifications for membership ofa Bar Council? A) State Bar Councils B) Bar Council oflndia C) Supreme Court of India D) Supreme Court Bar Association . Indian Council of Legal Aid and Advise v. case deals with the iss?ue of A) Prescribing pre?enrolment training for advocates B) Prescribing minimum qualification for an advocate C) Prescribing uniform attire for the advocates appearing in the court of law D) Prescribing age bar on enrollment of advocates . For transfer of roll from one state to another, an application is made to the A) Bar Council of India B) State Bar council where one is enrolled C) State bar council where one seeks transfer D) High court of the state where one is enrolled . Which ofthe following committees cannot be constituted by State Bar Council A) Special Committee B) Disciplinary Committee C) Legal Aid Committee D) Legal Education Committee . In which year by an amendment of the Code of Civil Procedure Sec.89 has been included in 44. 45. 46. 47. 48. the code, which gives importance to mediation, conciliation and arbitration. A) 2002 B) 2004 C) 2013 D) 2012 Under THE ARBITRATION AND CONCILIATION ACT an arbitration agreement may be in the form of A) an arbitration clause in a contract only B) in the form of a separate agreement only C) an arbitration clause in a contract or in the form of a separate agreement D) commercial custom A decision by the arbitral tribunal that the contract is null and void shall A) Email ipso jure the invalidity of the arbitration clause. 8) Not entail ipso jure the invalidity of the arbitration clause. C) Entail defacto invalidity of the arbitration clause. D) None of the above The arbitral tribunal shall not be bound'by the A) Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 B) The Indian Evidence Act, 1872. C) Code of Civil Procedure, 1908. D) None of the above Claim made by the defendant in a suit against the plaintiff A) Cross claim B) Cross suit C) Cottnter claim D) Cross decree Interpleader suit'is dealt with in which of the following sections of A) Section-87 B) Section 88 C) Section Section 90 As required by 8.80 C.P.C, the suit can be instituted after the expiry of of notice A) lmonth B) 2 months C) 60 days D) 30 days Under 8.2 (2) of C.PC. Rejection ofa plaint is A) Decree B) Deemed decree C) Cross decree D) Cross appeal Ratilal v. State of Bombay is a popular case on the point of A) Resjudicata B) Res sub-judice C) Restitution D) Doctrine ony-pres Pick out the case u/S. 58 (l -A), in which arrest or detention in civil prison is not maintainable. A) A judgment debtor, where decretal amount does not exceed Rs. 5,000/- B) A judgment debtor where decretal amount is does not exceed Rs.2,500- C) A judgment debtor where decretal amount is does not exceed Rs.2000/- D) A judgment debtor where decretal amount is does not exceed Rs. 1,000/- A precept seeks to of the judgement debtor. A) Attach the pr0perty B) Prevent alienation of property C) Prevent attachment and alienation D) None of the above. R90 of Order 2] deals with A) Pre? sale illegalities committed 9in the execution B) Post ?sale irregularities causing substantial injury to judgment debtor C) Both a and D) No limitation D) Hill of the above. Home 59. Which of following is a ground recognized 55- The place of suing in a suit for partition will under the Companies Act for automatic be adjournment of the General Meeting. A) Court within whose jurisdiction the person A) Absence of Chairman of the meeting is residing B) Quorum of the meeting is not present B) Court within whose jurisdiction the elder C) Meeting is held at a place different from person of the family resides what was prescribed in the notice C) Court within whose jurisdiction the entire D) Death of any of the directors prior to the property of the family is situated. meeting D) Court within whose jurisdiction the immovable property is situated 60. Which of the following meetings can be called by members 56. Appeal against a decree or order can be ?led in a High Court within A) Extra-ordinary General Meeting B) Annual General Meeting A) 60 days C) Statutory meeting B) 30 days D) Special meeting C) 90 days D) 91 days 61. Which of the following powers can be exercised by the Board of Directors without 57. Where, before the expiration of the prescribed holding a meeting period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, 62 A) Power to issue debentures B) Power to invest funds of the company C) Power to make loans D) Power to appoint of additional director . Which of following is not a ground for com ulsor windin of a corn an A) afresh period oflimitation shall be 3 computed from the time when the acknowledgement was so signed. B) limitation shall be computed from the time when originally the signature has been given C) a fresh period of limitation shall not be 63 computed from the time when the acknowledgement was so signed. D) None of the above A) Oppression of minority B) Loss of substratum C) Non-holding of annual general meeting D) Losses to the company . Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion is dealt under A) Section 3851PC B) 386IPC C) Section 387 IPC D) Section 3881PC 58. The period of limitation for an action by a principal against his agent for movable property received by the latter and not accounted for is 64. invited to have a ?x of his heroin. Each 3) ;2 years ?lled his own syringe and injected each other years several times one night. Next morning died C) 5 years on the question of causation: A) must be convicted of manslaughter B) must not be convicted of manslaughter 65convicted forthe possession of heroin only D) is neither guilty of possessing heroin nor the death of Literally, mens rea means A) Guilty mind B) Guilty or a wrongful purpose C) Criminal intent, a guilty knowledge and willfulness D) All of the above In which of the following cases mens tea is not an essential ingredient for offences under: A) Revenue Acts B) Public Nuisance C) Criminal case which are in summary mode D) All of these Actus non facit reum, nisi mens sit rea means? A) A deed, a material result of human conduct B) The intent and act must both concur to constitute the crime. C) Putting to death D) Un commended manner Cheating and thereby dishonesty inducing delivery of property, or the making alteration or destruction of a valuable security is dealt under A) Section 417 B) Section 418 C) Section 419 D) Section 420 Etymologically what is meant by Jurisprudence? A) Knowledge of law B) Science of law C) Science of origin D) anwledge of origin 70. 71. 72. 73. 74. What is meant by the term ?General Law"? A) it consists of general ordinary law of the land. B) it consists of those legal rules which are takenjudicial notice of by the court C) it consists of those bodies and legal rules which are exceptional in nature. D) and According to the theory of ?social utilitarianism? as propounded by lhering: A) greatest number of people should get greatest pleasure B) the essential body of legal rules is always based upon the social ?facts? of law C) a balance is to be struck between the competing interests in society D) law is a means to social ends A is the mother of B. She becomes a widow and re- marries. dies. Can A succeed to him as mother? (both are Hindus) A) No B) Yes C) Depends on their School D) Only when has no sons Referring to Section 6 of Hindu Minority and Guardianship Act the Supreme Court observed that the words ?after him?does not mean ?after the life time of the father?. indeed it means ?in the absence of?. If the father is non functional as guardian for various reasons like indifference, physical or mental incapacity, away from the place where the child lives with the mother, by mutual understanding, it may be treated as the ?absence? of the father. in which case? A) Lily Thomas case B) Sarla Mudgal case C) Githa Hariharan case D) Goverdhan Lal case By a recent amendment the daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son Which Amendment? . . 75. 76. 77. 78. 79. A) The Hindu Succession (Amendment) Act, 2004 B) The Hindu Succession (Amendment) Act, 2005 C) The Hindu Succession (Amendment) Act, 2006 D) The Hindu Succession (Amendment) Act, 2012 Shamim Ara State of UP. relates to A) The condition precedent for a Muslim husband for rendering divorce is the pronouncement of divorce which has to be proved on evidence B) Option of puberty C) Guardianship in Marriage D) Dower The provision under the Industrial Disputes Act, 1947 which guarantees the right of workmen laid ?off to claim for compensation A) s.25-c B) s. 26 C) 325-0 S.25-A The number of persons required to form trade union The temporary closing of the work place or suSpension of the work at work place by the employer is known as A) Lay off B) Lock out C) Retrenchment D) None of the above Which of the following acts has a direct relevance for grievance handling practices? A) The Industrial Disputes Act B) Factories Act 80The Industrial Employment (Standing Order) Act D) all the above Section of the industrial diSputes Act refers to A) Voluntary reference of disputes to arbitration B) De?nition of Workman C) De?nition of industry D) Appeals ?Wages? under Workmen?s Compensation Act A) Includes any privilege or bene?t which is capable of being estimated in money B) Does not include any privilege or bene?t which is capable of being estimated in money C) includes any privilege or bene?t which is not capable of being estimated in money D) None of the above Writ of Certiorari is issued against A) Lower courts or quasi-j udicial bodies B) Public Of?cials C) Wrongful con?nement D) Usurpation of public of?ce Audi Alteram Partem means A) Bias B) Hear the other side C) No one can be ajudge in his own case- D) None of the above The Second Administrative Reforms Commission is constituted A) August 2004 B) 318?August2006 C) ..,st2005 D) 315? August 200; The type of damages awarded in the law of torts A) Liquidated Damages B) Unliquidated damages BCI 86Penal damages D) Exemplary damages Ashby White is an example of A) Damnum sine injuria B) Uberremi?de C) Injuria sine damnum D) Usufruct The Supreme Court of India invoked the principle of absolute liability on an enterprise carrying on business with hazardous and inherently dangerous toxic chemicals in A) Ganga Pollution case B) Fletcher case C) Sri Ram Fertilizers case D) Prabhu dayal case Res ipsa loquitor means A) Things speak for themselves B) Tithes imperiled C) Vicarious liability D) Dangerous animals A motor cycle with engine capacity not exceeding 5000 may be driven in a public place by a person A) after attaining the age of sixteen years B) after attaining the age of eighteen years C) after attaining the age of ?fteen years D) a?er attaining the age of twenty one years According to Consumer prOtection Act, the National Commission shall have jurisdiction over complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees A) Zlakhs B) 10 lakshs C) 201akhs D) SOIakhs New states are created under A) Art. 3 of the Indian Constitution 92. 93. 94. 95. 96. B) Art. 4 of the Indian Constitution C) A115 of the Indian Constitution D) Art. 370 of the Indian Constitution Doctrine of pleasure with reference to civil servants is mentioned under A) Art. 311 of the Indian Constitution B) Art. 308 of the Indian Constitution C) Art. 301 of the Indian Constitution D) Art. 310 of the Indian Constitution Right to know flows from one of these Articles of the Constitution A) Art. 15 B) Art. 19 C) Art. 20 D) Art.23 Freedom of trade, commerce and intercourse throughout the territory of India - is mentioned under A) Art. l9(1)(g) B) Art. 300A C) Art. 301 D) Art. 299 Passive euthanasia under certain circumstance is permissible - held in the case of A) Aruna Ramachandra Shanbaug Vs. Union of India B) Gian Kaur Vs State of Punjab C) State of Maharashtra Vs. Maruty Sripaty Dubai D) P. Rathinam Vs Union of India It was held by the Supreme Court that the balance between Fundamental Rights and Directive Principles of State Policy is the bedrock and the basic structure of the constitution in which case? A) Keshavanada Bharathi State of Kerala B) Minerva Mills C) Indira Nehru Gandhi Rajnarain D) Kihota Hollohon v. Zachilhu 97. 98. 99. 100. K. C. ?Gajapati Narayan Deo v. State of Orissa; is oft?e'n 'quoted with reference to A) Doctrine of Eclipse B) Doctrine of severability C) Doctrine of colorable legislation D) Doctrine of territorial nexus Raja Ram Pal v. Hon'ble Speaker, Lok Sabha deals with A) Presidents? election B) Privileges of the legislature C) Pardoning power D) Of?ce of pro?t Under Art. 1 of the Constitution, India that is Bharat shall be A) Federation of states B) Union of states C) Democratic republic D) Quasi federal A Minister ceases to hold o?ice if he does not become a member of the Legislature within six months - is mentioned under A) Art. 164(4) B) Art. 164(1) C) Art. 164(2) 0) Art. 164(3) 10 AIBE 6 Set Code A Answer 100 Answer Answer ??