Bar Cauncil af India All India Bar Examinatian XI Dec 2017 [Set Code ?021865 LANGUAGE ENGLISH I Name of the Candidate: Raii Number: I Enraiiment Number: Isl?I'I?I?quh? IM PDRTAHT INSTR UCTID H5 read these instruetians carefuiiy before attempting this auestian paper} This Baaitiet cantains iti? questians and each auestian carries 1 mark. in case at any confusian in transiatian, itindiy refer ta the naiish yersian Jtar cianficatian. Maire sure that same Question Baain'et Set cede is mentianed an the sheets af aaestian paper, in case at any discrepancy immediateiy infarm the in uigiiatar. There is na negative marking far wrang answer af a aaestian. Duratian at this exam is 3 haurs aniy. in year Rah number and ?uestian Baaidet Set cade uery Carefuiiy, as the answer sheet he eyaiaated as per the code you mentian an the answer sheet. Under an circumstances the answer sheet he eyaiuated with any ether Questian Baaidet Set cede Dniy hanks and notes are wed far this examine tian. Mahiie phanes, iaptap, tahs andfar any ather eiectranic devices are strictiy prehihi ted in the esaminatian haii. fin passessian at any eiectranic device inside the examinatian haii, the candidate he fram the esaminatian. Candidate shaii nat he aiiawed ta we the Esaminatian Haii hefare the canciusian at the esaminatian. Da nat target ta submit the answer sheet hack ta the in ta da sa wauid iead ta disquaiificatian Use aniy hiuefhiacit haii pen ta ?ii the EMF: answer sheet. DMH with pencii er ink pen wauid be disquaiified. Use at Wh?E?Eff eraser fbiade ar?uid an answer sheet is strictiy prohibited. it iead ta Da nat make any stray marirs ar tear the ants answer sheet. it iead ta lIni'rite yaur raii number carefuiiy and darken the carrect carrespanding auais. in case wrang auais are darkened yaur answer sheet an! be mut?f?i?f?i?? .th WhiriiFtJEtif-i 5.53?: . DEC 201? AIBEHXI ENGLISH ?at-Ft I 1. Section 154 under IT Act is c} Extent ofjudicial intewention d] Awarding ?nal decision a] For filing return of Income b] For filing return with late fee F. Provision of Section SD of CPC is binding on cl Flectification of mistakes d} Appeal against the order passed by the ITU The cm? is} The court of civil judge 2. Which of the following is not included in the c] The district judge Capital Asset under Section 2 {14} of income Tali: d} All of the above Act 3- Temporary Injunction can be granted a] Ami stock in Trade ti] Epecial Bearer Bonds 1991 issded by lIZIentraI a] moto Government Ex parte- . c} c} Hearing both parties d} Moneofthe above 51' ??nE?fthe above 3. The language which is to be used in the arbitral 9' Right ?3 Appeal ?5 a proceedings is decided hi; a] Natural night a: The Tribunal b} Inherent right :1 Statutory right b} Parties to decide by mutual understanding . d} Delegated right c} The petitioner d] The Defendant In, 1D. The last amendment to the lnclian Succession A. The Arbitral proceeding shall stand terminated ?'35 made al [in making of the final award El 1WD bl B'i' an order of the arbitral tribunal b} 2001 c} When the parties to the dispute agree to EDD: _di tour:r terminate proceedings d} 0f the abwe 11. Which is the correct statement 5. E'irler'g.r Award of a LoI-t Adaiat is deemed to he a] There can be a will without a codicil a] Drder mg district collector. bl There can he a codicil without a will b] Order of Income Tax commissioner cl Decree ?f a civil court d} A codicil proceeds a will d] and lb} Every will hasacodicil 11. As per Section 63 of Indian Succession Act, a . E. The Arbitration and Conciliation Act 1955, Will should he attested by Section 13-13" states a} gal.- tw? witnesses a} The Conducting of Arbitral Proceedings b] By more b] Receipt and Written Communications 1 ecr-? oec apt? c} Univ one witness who is not a relative of testator None of the above b} _13. ?Iddat? under Mohamma?dan law refers to- a] A gift made on the occasion of marriage is] The right of the husband to divorce his wife 5? c} Attaining of pubertyr d} None of the above a} 14. Under the Christian Marriage Act the marriage bi Registrar for anv district is appointed bv a} State government ?21 Eli b} The central government The Clergvman of the Church d} High Courtjudges To provide legal sanction to all transaction I for e-commerce To facilitate electronic filing of all documents to the government To amend Indian Penal Code, Indian Evidence Act, to punish the cvber crimes All of the above 19. Right to Personal iibertv includes Right against custodial violence Ftight of under trials to separate them from convicted Right against Public hanging All of the above . 20. The Supreme Commander of the Defence Force of India is 15. The word Ombudsman is derived from a] President a} French administration bi Prime Minister . bi British Administration Ci The Bahama?. . c} Swedish Administration til ChlEi Marshal d} German Admlnistration Retirement age ofSupreme Court Judges is 15. Under Section 3 of the Commission of Inouirv a] I52 vears Act 1952; an Inouirvr Commission is appointed bv bi ED vears a] Central government or State government Ci 5?3 vears b} Union Public Service Commission 55 vears State commission 12._Criminal Procedure Code is a subject of d] Supreme Court of India a] Concurrent list - Information Technologv Act was enacted in bi State Ii 51 a} 1933 Union list 1995 d] None of the above 31' 2WD 23. Bailable and Non-Bailable offence has been in 2004 defined in 13. Government of India passed information a: Section 2 i a} of Cr PC Technologv Act in with objective b} ti di Section 1 {hi of Cr. Pc Section 2 of Cr. Pc Section 10 of BCI DEC 2017 24. Under Section 21 of Special Executive Magistrate be appointed bv a] Central Government b} High court cl Supreme Court d] State Government 25. Police mav carry out personal search on an .arrested person, a] Ufs 45 bl Ufs. SD CAFE c] Lil's. 51 d} Ufa. 52 CLPC 25. The SpecialCourt is a] Not subordinate to High Court b} Superior to High Court cl Supplement to High Court d} Equal to Supreme court The powers under Section 159 of can be exercised bv a magistrate a] When the police decides not to investigate the case bl When the investigation is still going on cl Both and {bi d} None of the above 23 Statement recorded during investigation Ufs 151 can be used in trial For contradicting the witness b} For corroborating the witness cl Incorporating in the charge sheet d} Discharging the accused 29. Power of taking cognizance of offence bv a Magistrate of First class or second class is provided a] Under Section 1E of Criminal Procedure b} Under Section 190 of Criminal Procedure Code cl Under Section of lndian Penal Code cl] None of the above 30. Additions or alteration of charges IS provided in Cr PC a] Lil?s. 214 bl Ui?s. 215 c} Liz?s. 215 Weill] 3 1. Which Section of Specific Relief Act prohibits ?ling a case against the government? all sections . bl Section 5 cl Section? d} SectionE 32. The Patent Act became a law in a} 1sro h} 19:15 1995 if] 1955 33. Cheque bouncing cases charged Ui?s. 133 of Negotiable instruments Act is triaied bv a] Bank Tribunal bl Consumer Forum c} Magistrate Court dl Sessions court 34. The provision of establishing Public Service Commission is made under 3} Article 311] b} Article 315 Article 320 d] Article 325 Code 3 35.'The case Itrishna Gopal this State of Ile relates All. Under the Workmen?s Compensation Act, to which is helpful in deciding the extent of injurjjr . for compensation a} Water pollution . is} Air and water pollution aj Insurance certi?cate cj Noise and air pollution bl Medical examination Water and noise pollution cj Medical Certi?cate . dl {hi and [Cl 36. What is the punishment for advocates it" the established finding of the Bar Council is 41. Section 13 of 1Ilvorkmen Compensation Act misappropriation? 1923 savs that the Commissioner shall have the power of a] Impose a ?ne bl Name of the advocate will be struck off aj A court from the Rolls b} ATribunal cj Suspension from-practice cj A quasi judicial form dj All of the above All of the above Cin being aggrieved bv the order of State Bar Al. The objective of the industrial Dispute Act 194? Council, one can appeal to is a} .High Court . - a] Industrial peace and economlcjustice b] Supreme court b} To create harmonious relation between c} Bar Council of India employer and emplovee dj Indian Law Commission cl To prevent illegal strike or lockout etc, dj All of the above 33; Which Section of Advocates Act provides pbnishment for misconduct of advocates 43. Section 1 Iqj of Industrial Dispute Act 194? provides the de?nition of a} Section 19 hi Section 35 a'j Lock out cj Section the above I c] Strike . dj Hartal 39. Section 24 of Advocate Act deals with 44. The Land Acquisition Act came into force from a} Qualification of advocates who should be enrolled in the Ear aj March 1955 b} Quali?cation to become the Advocate b} 1Slt March 1936 IGeneral c} 1?t March 1994 c} Quali?cation to become the Solicitor d} 2L5t March 1394 General of india dj lb] and it} 45. Under the Land Acquisition Act. the arable land DEC a] Useful for residential purpose b} Useful for commercial purpose c} Useful for cultivation di Useful for industrial purpose 45. Which one is not a fundamental right? a] Right to Freedom of Assemblv I bl Right to Propertv c] Flight to equalitv Right to freedom of speech and Expression In l'vlanelta Gandhi case it was observed that a} Confiscation of Passport was correct b] Right to go abroad is not within the meaning ofArticle 21 c] flight to go abroad is within the ambit of Article 19 but the confiscation of Passport is not in accordance to the law dl None ofthe above 43. Reasonable restrictions can be imposed on the right of free movement 31 in the interest of general public b} In the interest of political leaders c} In the interest of women's safetvr dl AII ofthe above 49. Which of the following can claim Article 19 of constitution? a} A companv bl A corporation c} citizens dj Citizens and aliens 511i. Clause of Article 29 ii} of the indian Constitution says that no accused person shall be compelled to be a} An accused bi Awitness AIBE-KI di ENGLISH Set?A Hostile witness 51. Indra Sawhnev 1Ii'i's Union of India is popularly known as al Judges Transfer Case b] Illegal Detention case El Al Mandal Commission case Constitutional case 52. Due to the outcome of this case slum dwellers were benefitted 3} hi Cl dl Chanda Ws. State of Harvana Cilga Tellis W5 Bombav Municipal Corporation P?v. Narasimharao Ws. Union ofindia . Flatlam Municipal Council ws. 'v'ardichand 59. A Public Interest Litigation can be filed under 3] Article 226 of constitution and Article 92 of the constitution Ufs. 139 of Criminal Procedure Code laland [bi None ofthe above 54. Supreme Court in SP Gupta W5. Union of India AIFI 1932 SC 149, decided on Eli bl Cl dl Free Legal Aid Bonded labours Judges Transfer Illegal detention 55. Supreme court in a PIL known as itamal Nath case evolved, a} b} s} CH Basic Future and Etasic structure doctrine Public Trust doctrine Separation of power doctrine Public Interest doctrine c} A witness against himself eci- oEc eon ENGLISH :Set-A SE. 1v'ishalrha vfs. State of Hajasthan case is related 51. Which is the authority that determines the .te language of the Court ether than High Court within a given State; under Section 2?1 of Cr. PC a] Sexual harassment at workplace b] Protection of civil rights all State government c] Uniform civilcede None of the above bl rCentral government c} Supreme Court of India Court?s power to award compensation is di Beth and [bi provided in Specific Relief Act 62. A decree can be a] Under Section 20 b} Under Section 21 31 Final c} and b} F?relirninanyr Hang efthe above I c} Cinly Preliminary net final I d} Either preliminary or final 53. Proving of hand writing is provided in Indian Evidence Act 53. Foreigniudgement is defined in CPC a} Under Section of CPC b} Under Section 2f?) of CPC c] Under Section-2:3} of CPC d} None ofthe above a] By the opinion of Experts b} Ely the evidence ofa person who is acquainted with the handwriting c,i After police verification and edit. The Minimum number of persons required to 59. Section 26 of Indian Evidence Act provides incorporate 3 Fable: Company '5 a} No confession made by a person in police a] 5 custody is admissible bl 10 b} Confession made by a person in police Er; 2 custody is admissible c] Confession made in the immediate presence of a magistrate is admissible and SS. A Private company can commence business as soon as it receives - a} Certification of incorporation Be. The term ?Evidence? means and includes b] Letter 0f intent c} Occupation certificate di Noneeftheabeve a} Ciraievidence bi Documentary evidence c] Electronic records produced for the inspection of the court d] ellofthe above SS. Which of the following is not an essential of a contract of guarantee a} Concurrence of three parties bi Surety?s distinct promise to be answerable 5? cl Liabilities to be legallv enforceable d] Existence of only.r one contract ENGLISH -5et-A . cl Flight to Caste and Religion d} All of the above The term ?Agent? is de?ned in Indian Contract T3. In a suit where the doctrine of res judicoto Act under Section the Act' 63. What is the maximum number of partners in Banking business a] Eight b] Ten . cl Twelve di Sixteen ESL A person who gives the guarantee is called applies a} The suit is liable to be dismissed b} The suit is liable to he stayed cl Both and [bi dl None of the above TA. Under SectioniE CPI: a suit relating to immovable propertv can be filed in a court whose iocal jurisdiction is a} Where the propertv is situated bl Where the defendant voluntarilyr resides or carries on business - cl Both and di None of the above a} ?ame T5. Pleading means b} Creditor . c} Debtor I a] Plaint and written statement Suretyr bl Plaint onlv . . cl Written statement TU. Which is not a right of an unpaid seiler against d] Ural statement by the pieader the goods TB. Cir: failure to file a written statement. under al Lien bi Stoppage in transit cl Flight of resale [ii To ascertain price Sections 36 to of Specific Relief Act provides d] a} injunctions order Rule ll] of CFC. the court mav ai pass anv other order bi Order for striking off the decree c} lv'lav pronounce the judgement at once Anv of the above W. What is meant bv Homicide bl Court? 5 discretion on specific performance cl Cancellation of instruments dl None of the above 1'2. Which of the following is not of civil nature a} Right to take out procession b] Right to Worship in a temple a] Suicide bv human being not at home bi Suicide at home cl itilling of a human being by another human being I d} Killing of human being by animal . DEC 2431? TE. Adulteration of food or drink is a punishable c} offence d] a} Under Section arc?are of IP hi Under Section EFT-ITS of IPC itriti c} Under section 32?275} of d} None of the above a] . h] ivlasimum punishment for waging a war against :1 the Government of India under IPC is . . d} a} Rigorous imprisonment up to 5 years bl ci d} Rigorous imprisonment up to 1o years Rigorous imprisonment for life term - Death sentence a} bi c} SD. offences relating to elections are a} bi Containedin the as originally Enacted Are introduced in the IPC by a subsequent amendment Are not covered by IPC c} 1 None of the above ENGLISH -Sret?A 1955 311. Mohan gets married to his sister?s daughter The marriage is valid if the custom allows it The marriage is void The marriage is valid only if the court approves it The marriage is valid only if the Panchayat permits 35. Within the purview of Water Act, the meaning of Stream is de?ned as Includes a river but not a water course Includes-a water course but not a river includes river and water course but not subterranean waters Includes a river, a? water course and subterranean river 35. Section 2 [23} of the Trade Mark Act 1999; 31. Hope Bejej W's. RPS Gilly is a famous case which the Supreme Court decided on a} Wrongful rastraint b] Wrongful confinement c} c} Dutrage the modesty of a womEH di d} Maintenance to the divorced women defines the meaning of License Trade Mark Registration Cancellation Uutraging the modesty of a woman is 31Underthe Hindu Adoptions and Maintenance Act, the person who is taken-in adoption a a} Must be a Hindu oniyr II b} A Hindu or Jew c] May be. Hindu or Christian d} di None of the above punishable under IPC Section 3?5 Section 375 Section 354 Section 498 38. Section #53 of indian Penal Code deals with the SS. Polygamy was permitted for Hindus before the crime of year a} House breaking a} toss . . oi Dishonest misappropriation of property bi 1535!! c} Forgery .- Forgerv with cheating c] Documents and correspondence from advocate and Notary.r office 39. Criminal intimidation is explained in IFC under cl} Documents and circulars from Universitv of a} Section SUE- to see Delhi h} Section 509 to 516 cl Section 319 to 325 d] None of the above a] Possession of driving license while driving b} Possession of insurance certificate and PUC certi?cate in the vehicle c} Fievolcing driving license if drunk driving is detected d} State government's power to control the road transport 94. Section of Motor Vehicle Act 1933 provides . EU: Under Section 59 to so of Indian Evidence Act the oral statement means a} All statements made before the court bv the witness b} Ail statement made before the police bv the accused c} All statement of facts which a witness heard to sav a} Latin Word di All of the above bi French Word I c} English word d} italian word 95. The term ?Tort? is a- 91. Under the Evidence Act, ?Court? includes al ?Elm as. in Tort, what is ?vicarious liabilitv?? h} All Magistrates . c} All Arbitrators ai A person is generallv liable for his own d} and lb} wrongful act b] A person is liable for the wrongful act done hv other person cl A person is liable for the wrongful act in his absence I cl} None of the above SI. Admissibility.r of contents of electronic records mailr be proved in accordancewith the provisions of I a} Under Section 61 of Indian Evidence Act b} Under Section ES of indian Evidence Act cl Ll nder Settion 55-3 of lndian' Evidence Act d} None of the above Under Section Ell} if] of Consumer Protection Act 1935, ?defect? is meant bv any fault, imperfection or shortcomings in in relation to the goods 93. Which is not a public record as per the a} Qualitv and Quantitv provisions of lndian Evidence Act in] F'ote c} Puritv or standard cl} All of the above a} Documents forming the acts-or records of the sovereign authority bi Documents forming the acts or records of . 93. Which of the following falls under the catego rles of Act of God 9 official bodies, tribunais p. DEC 2'01Storm and Extra ardinar-g.r rainfail er flead Lightning and thunder an df the ahave' 99. Income Tax Act was enacted in a} In} Ci CH 1951 1951 None at the ahetre 1GB. ?Inceme? is defined under Sectic-n 24 cf the Income Tax Act, as a} bi ti d} Profits and gains Dividend Veluntaw contribution received big a Trust for charitable Purpese All the abcnre ID ENGLISH ?at?A