U) 3 2 Revised Answer key (2018) Revised Answer key (2018) 0. .m Revised Answer key (2018) Question NoBar Council of India All India Bar Examination XII 10th-June-2018 [Set Code-A 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. In case of any confusion in translation, kindly refer to the English version for clarification. Make sure that same Question Booklet Set code is mentioned on all the sheets of question paper, in case of any change immediately inform the invigilator. There is no negative marking. Duration of this exam is 3 hours only. Fill in your Roll number and Question Booklet Set code very carefully, as the answer sheet will be evaluated as per the code you mention on the answer sheet. Under no circumstances will the answer sheet be evaluated with any other Question Booklet Set code 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. On 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 answer sheet back to the invigilator. Failing to do so would lead to disqualification. Use only blue/black ball pen to fill the OMB 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 OMB 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. 1. The First constitutional amendment was enacted in a) 1950 b) 1951 c) 1967 d) 1975 A person instigates any person to do an offence or illegal act or omission attracts a) Section 107 IPC b) Section 120(3) oflPC c) Section 114 of IPC d) Section 144 of IPC A land mark Habeas Corpus Petition was filed during emergency that is a) Keshavanand Bharati V/s. State of Kerala b) Golaknath Vs State of Punjab c) MC Mehta V/s. Union of India d) ADM Jabalpur V/s. Shivkant Shukla Examination in Chief is conducted by the a) Chief Examiner of the court b) A lawyer appointed by the accused c) A lawyer appointed by the government d) Presidingjudge in the court The convention of Climate Change was the outcome of a) The Stockholm Conference b) The Nairobi Conference c) The Vienna Conference d) The Rio De Janeiro Conference Who is a protected workman a) Workman given police protection during labour strike b) Workman protected by insurance coverage c) Workman who is an executive or office bearer of a registered trade union in the establishment d) Workman protected from being arrested by a court order 7. A trade mark is a visual symbol applied to articles of commerce with a view to 10. 11. 12. 13. distinguish the articles from other. It is in the form of a) b) A device c) A label d) All the above The Indian Legal system has evolved a A word new technique of alternate diSpute resolution which is p0pularly known as Lok Adalat. It owes its origin to the statutory recognition by passing of a) Legal Service Corporation Act 1974 b) Legal aid and advice Act 1949 c) Legal Services Authorities Act 1987 d) None Shah Bano case was related to a) Dowry demand b) Harassment at work place c) Maintenance of divorced Muslim women d) Triple divorce of Muslim Women Who can move PIL in High Court and Supreme Court, a) Any public spirited person b) NGO or Association with public spirit c) Group of Public spirited persons who have no personal interest d) All the above Doctrine of ?Pleasure? applies to 3) Legislative b) Civil servants c) Judges d) Cabinet Ministers Section 24 A of Advocates Act 1961 provides the 3) Appointment of Attorney General b) Regular attendance at Law College c) Admitted for enrolment in Bar or State Roll d) Election to state Bar Council Articles of a company can be altered by a) The directors of the company b) The official of the company c) Share holders by passing an ordinary resolution d) Share holders by passing a special resolution 14. Article 361 provides a) Authority to Union government to dismiss the state governments b) Authority to the state governments to pass legislation c) Protection and immunities to the President and Governors from being prosecuted in courts d) None of the above 15. Uttering of words with deliberate intention to wound religious sentiments will be dealt with a) Section 298 of IPC b) Section 296 IPC c) Section 297 d) None of the above 16. Under Section 320(1), for criminal intimidation, with section of IPC is applicable 506 17. Which of the following is an innovative form of Alternative Dispute Resolution mechanism a) Bar Council of India b) Election Commission c) Comptroller and Auditor General d) LokAdalat 18. Which of the following is not a legal guardian of the pr0perty of Muslim minor a) Father b) Brother c) The executor appointed by father d) Grand father 19. Who is garnishee a) A third party who is instructed by way of legal notice to surrender money to settle a debt or claim b) A borrower arrested for defaulting c) A person who cannot repay a bank loan d) A person who mortgaged his farm land 20. Under section 18 of the Land Acquisition Act, 1894 which of the following officers is empowered to refer the matter to the court a) The Tahsildar b) The Sub Collector c) The Deputy Collector d) The Collector 21. For Specific Performance of a contract suit is to be instituted in a) 3 years b) 3 months c) 6 months d) No Specific time limit unless mentioned in the contract 22. Permanent Account Number (PAN) is defined under a) Wealth Tax b) GST c) Income Tax Act 1961 d) Finance Act 1992 23. A marriage with a woman before completion of her iddat is__ a) Irregular b) Void c) Voidable d) None of these 24. Section 10 of the CPC provides for a) Stay of the suit b) Summoning witness c) Examination of witness d) Sentencing thejudgement 25. Who is prevented from being testified u/s 118 of Indian Evidence Act a) A lunatic who cannot understand the questions put to him b) Extreme old age person who cannot give rational answer to the questions 26tender age person who cannot give rational answer to the questions d) All the above Supreme Court decided in SR Bommai V/s. Union of India, a) Relating to the President Rule in state b) Relating to the illegal detention c) Relating to the right to clean environment d) None of the above Recovery of Specific immovable pr0perty is defined a) Section of 5 of Specific Relief Act b) Section 120 (B) oflPC c) Under section 10 of Sale of goods Act d) None of the Above Section 29 of the Wealth Tax Act deals with a) Revision petition in division bench of High Court b) Appeal in Supreme Court c) Return of Wealth Tax d) None of the above The Collector shall under the Land Acquisition Act 1894, give immediate of any correction made in the award to all the persons included a) Approval b) Stay c) Announcement d) Notice Clerical or arithmetical mistakes in judgements, decrees or orders etc . can be corrected a) Under Section 151 of CPC b) Under Section 152 of CPC c) Under Section 153 of CPC d) Under Section 153 A of CPC Any confessional statement by the accused given to the Magistrate is a) Admissible b) Not admissible c) Challengeable d) None of the above 32. Supreme court has decided in 33. 34. 35. 36. Keshavanand Bharati V/s. State of Kerala, that a) Parliament can amend any provision of the constitution b) Parliament cannot amend any provision of the constitution c) Parliament can amend any provision of the constitution but not to alter the basic structure and basic feature of the constitution d) None of the above Under which of the following sections of the Code of Criminal Procedure police can arrest an accused without warrant? a) Section 40 b) Section 41 c) Section 42 d) Section 37 is at work with a hatchel the head flies off and kills a man who is standing by. If there was no want of a pr0per caution on the part ofA his act is excusable and not an offence. It is contained in a) Section 80 of IPC b) Section 84 of IPC c) Section 81 of IPC d) Section 85 of IPC Delhi Domestic Working Women Forum v/s. Union Of India (1995) 1 SC 14, In this PIL which issue was exposed before the court, a) The plight of some domestic maids who were sexually assaulted by army men b) Abolition of child labour c) Unemployment of domestic servants in Delhi d) Poor salary of maid servants Which chapter of Cyber Law provides the legal Recognition to Digital Signature a) Chapter b) Chapter IV c) Chapter IX d) Chapter IX and 37. The FIR gives information of a) Report to the Magistrate about the inquiry conducted by a police officer b) Report submitted to the court by the investigation officer in a criminal case c) The commission of a cognizable crime d) None of the above 38. Definition of complainant is described in Consumer Protection Act under section a) Section b) Section 20 c) Section 21 d) None of the above 39. Which of the following deals with plaint in interpleader ?suits in the code of civil procedure? a) Order 12, Rule 1 b) Order 17, Rule 10 c) Order 33, Rule 18 d) Order 35 Rule 1 Which is not the Private Right a) Rights of prOperty b) Right of freedom c) Rights to Education d) All the above Which one of the following is true of 40. 41. summons under Section 61 a) It is milder form of process b) It is for appearance c) It is for producing documents or thing d) All of them The Kashmira Singh Vs. State of Punjab is a leading case on 42. a) Dying Declaration b) Admission c) Confession d) None of the above 43. What is main objective of Section 138 of Negotiable Instruments Act 44. 45. 46. 47. 48. 49. Recovery of stolen pr0perty Recovery of seized vehicles from RTO Recovery of the cheque amount incase cheque issued by the payer is bounced d) None of the above Part of Arbitration and Conciliation Act 1996 formalizes a) Process of Conciliation b) Process of Arbitration c) Enforcement of Foreign awards under New York and Geneva Conventions d) All of the above Separation ofjudiciary from Executive is guaranteed in constitution under Article a) 19 b) 21 c) 48-A d) 50 In- camera trial is conducted in the cases charged under section The Family courts have concurrent jurisdiction to pass a decree for dissolution of marriage under the Indian Divorce Act: In which case the order was passed: a) Handa v/s. Handa (AIR 1955) b) Dr. Mary V/s. Dr. Vincent (AIR 1991) c) Peter V/s. Anglina (AIR 1992) d) None of the above Punishment for Advocates for misconduct is defined in Advocates Act 1961 by a) Section 25 b) Section 33 c) Section 35 d) None of the above Which one is a case of public interest a) Vishaka V/s State of Rajasthan 50Minerva Mills V/s. Union of India AIR 1980 c) Municipal Council, Ratlam V.s. Vardichand AIR 1980 d) All the above Under section 239 the Magistrate can a) Frame charges against the accused person b) Discharge the accused if charges are groundless. c) Open trial for evidence d) Convict the accused if pleaded guilty Article 213 empowers the Governor to promulgate ordinances a) When the state legislature is not in session b) During the course of legislature session c) On the recommendation of the state cabinet d) With the permission of the union government A person arrested should not be detained more than a) 48 hours b) 24 hours c) 14 days d) 90 days Who of the following Muslim is not entitled to maintenance a) Son who is a minor b) Daughter who is not married c) Grand parents d) An Illegitimate son In civil cases Indian Evidence Act bestows burden of proof on a) The Petitioner b) The respondents c) The state government d) The Court In which of the following of Section 59 Cr. P. the discharge of the arrested person by a police officer can take placehis own bond b) On bail c) Under special order of the Magistrate d) All ofthem Financial Relations between the state and centre are defined in constitution a) Between Article 245-255 b) Between Article 256 -263 c) Between 264 to 293 d) None of the above Mahatma Gandhiji was jailed and prosecuted by British regime in 1922 at Ahmedabad u/s of IPC for a) Calling Hartal b) Breaching public peace and tranquillity c) Sedition and disaffection to the government d) None of the above Police can seek a bond for good behaviour u/from a) Habitual offenders b) White collar criminals c) Jail inmates d) None of the above Dayabhaga school Presumes that "a family because it is joint possesses joint pr0perty" a) This statement is correct b) This presumption is under Mitakshara school c) This statement is incorrect d) None of these Meaning of Industrial DISpute according to the Industrial Dispute Act 1947 is a) Dispute between employers and employers b) DiSpute between employers and workman c) Dispute between workmen and workmen in connection with employment and non-employment d) All the above 61. 62. 63. English case Ryland V/s. Fletcher laid down a very important rule a) Absolute Liability b) Vicarious liability c) Indirect liability d) Financial liability Which of the following is not an essential for a valid sale: a) The parties must be competent to contract b) There must be mental consent c) There must be a transfer of pr0perty d) There must be an agreement to sell ?Custodial death is perhaps one of the worst crimes in a civilised society governed by the Rule of Law?. In which case supreme court made this remark, a) A.K. Gopalan V/s. State of Madras b) M.C. Mehta V/s. Union of India c) D.K. Basu V/s. State of Bengal d) Visakha V/s. State of Rajasthan 64. A suit for compensation for false 65. 66. 67. imprisonment, the period of limitation is a) 3 year's from the date of sentencing the judgement b) 3 year's from the date of release from imprisonment c) 3 year?s from the date of commencing the imprisonment d) 1 year when the imprisonment ends Rule of Law is defined by a) Jeremy Bentham b) Sir John Salmond c) A.Y .Diecy d) Prof. Aristotle What is the time prescribed for filing an FIR a) Within 24 hours b) Within 48 hours c) Within 14 days of the offence d) No time limit is Specified Which of the following is true of rules framed by the Supreme Court with reference to appeals They are a special law within Section 4 of the code of civil procedure b)They must take precedence over Section. 114 or Order. 47 c) Both (A) and (B) d) None of these An Appeal Against Order Passed under Section 27 of the Consumer Protection Act 1986 by the National Commission lies in a) The High Court b) The Supreme Court c) The Central Government d) Not Appealable Which is the body that award punishments to the advocates for misconduct a) Ethics Committee b) Professional Development Committee c) DisciplinaryCommittee d) High Court Which section of Sale of Goods Act 1930 deal with anticipatory breach of contract a) Section 50 b) Section 65 c) Section 60 d) Section 70 Criminal proceedings against the infringer is enabled in the Copyright act by invoking the provisions a) Section 13-16 b) Section 17-27 c) Section 63-70 d) None of the above Which section of Indian Registration Act 1908 provides with compulsory registration of Instrument of Gifts and Immovable Pr0perties a) Section 11 b) Section 13 Section 17 None of the above 73. 74. 75. 76. 77. 78. State government?s power to control the road transport is provided in the Motor Vehicle Act 1988 Under section, a) 67 of MV Act 1988 b) 68 of MV Act 1988 c) 69 of MV Act 1988 d) None of the above Doctrine of is given under which section of the transfer of pr0perty Act 53A Which of the following statements is true regarding the characteristics of International Law? a) It is a true law b) It has vertical structure c) It has well established institutes of governance d) It has formal law enforcing agencies Deferred mahr is payable at the time of divorce or at the time of death of spouse. a) This statement is true under Sunni law. b) This statement is not true. c) Deferred mahr is payable only at the time of divorce. d) Deferred is mohr is payable only at the time of death of the Spouse. Dying declaration must be made by a) The dying person in hospital b) The doctor who is treating the deceased in hospital c) The deceased before death d) Nearest relative of the deceased Judgement should be delivered to the parties or to their pleaders in the Open court a) By delivering the whole of the judgement b) By reading out the whole of the judgement 79reading out the Operative part of the judgement d) All of the above Which of the following deals with the evidence for prosecution a) Section 242 b) Section 264 c) Section 237 d) Section 235 Abetting the Commission of suicide is given under a) Section 9 of IPC b) Section 8 of c) Section 7 of IPC d) None of the above Control over sub ordinate courts shall be vested in the a) High Court b) Supreme Court c) Chief Minister d) Governor Section 34 of the CPC provides a) The Payment of fine imposed by the cou? b) Payment of compensation to the other party c) Payment of interest d) None of the above Any question suggesting the answer which the person putting it expects to receive is called a) Coercive question b) Confusing question c) Misleading question d) Rhetoric Question According to clauses and of section 145 of the code of civil Procedure a surety: a) May render himself personally liable b) He may only give a change upon his property c) He may undertake a personal liability and charge his pr0perty as further charge All of these 85. 86. 87. 88. 89. 90. Section 49 of Factories Act 1947 explains about a) Canteen b) Creche c) Welfare officer d) Rest room The word ?case? used in Section. 115 of the code of civil Procedure is of wide import and a) It means any state of facts juridically considered b) It includes civil proceeding other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court c) Both (A) and (B) d) None of these finds a purse with money not knowing to whom it belongs he afterwards discovers that it belongs to and apprOpriates to his own use.?A? is guilty of a) Criminal breach of trust b) Cheating c) Criminal misappropriation d) Theft The word ?is not possessed of sufficient means in Order 33 Rule 1 refer: a) To dower debt due by the petitioner?s husband b) To pr0perty over which petitioner has actual control c) To sufficient prOperty and excludes sole means livelihoods d) None of these Section 22 of Legal Services Authority Act empower the central and state Authorities to a) Abolish Lok Adalat b) Works of Lok Adalat c) Powers of Lok Adalat or permanent Lok Adalat d) None of the above Indian Evidence Act was enacted 1972 b) 1872 c) 1955 d) 1986 Which is the correct state statement with regard to the professional ethics of a lawyer a) Lawyers have no right to go on strike or give a call for boycott b) An advocate shall not influence the decision of a court by any illegal or imprOper means c) An advocate abusing the process of the court is guilty and misconduct d) All of the above Droite Administration is a system of administration a) French system b) British system c) American System d) Irish System Which Act is covering the Cyber crimes a) Indian Telecommunication Act b) Indian Penal Code c) Indian Evidence Act d) Information Technology Act In the tort of conspiracy the purpose of combination must be to a) Violate legal right of the victim b) Cause damage to the victim c) Obtain benefit for the combiners d) Perfect the interest of combiners Cancellation of instrument is mentioned in a) Section 8-25 of Specific Relief Act b) Section of 26 of Specific Relief Act c) Section 31-33 of specific Relief Act d) Sections 36-42 of Specific Relief Act Unfair labour practice by the employers a) Victimization b) False implication in criminal case c) Untrue allegations of absence without leave d) All the above AIBE-XII 97. The Costal Regulation Zone Notification was issued by the Central Government in a) 1986 b) 1988 c) 1991 d) 1997 98. Who is lawful guardian a) A person who in law represents the Minor b) A person who has been appointed by the court c) A person who has been authorised to represent an unmarried daughter d) All the above 99. Under the Companies Act every person subscribing to the Memorandum of a company must take at least a) 100 shares b) 20 shares c) 10 shares d) 1 share 100. GST came into force from 1St January 2017 IStApril 2017 15tluly 2017 1th August 2017 a vv w?n?I