AIBE Exam QUIZ based on Previous year paper PART 5

AIBE EXAM QUIZ BASED ON PREVIOUS YEAR QUESTION PAPER YEAR -2013 – PART 5

Hello aspirant,  as we all know that after getting a law degree if you want to practice as a lawyer, it is mandatory for you to pass the All India Bar (AIBE) Exam, which is conducted by Bar Council of India. We have prepared a Quiz from Previous Year Question papers for you and we hope that it will help you to pass your AIBE exam. wish you all the best for your upcoming exam. 

Ratilal v. State of Bombay is a popular case on the point of

1. Res judicata
2. Res sub-judice
3. Restitution
4. Doctrine of Cy-pres

[su_spoiler title=”Answer” style=”fancy”]
Doctrine of Cy-pres
[/su_spoiler]

 

Pick out the case u/S. 58 (I-A), in which arrest or detention in civil prison is not maintainable.

1. A judgment debtor, where decretal amount does not exceed Rs. 5,000/
2.  A judgment debtor where decretal amount is does not exceed Rs.2,500-
3. A judgment debtor where decretal amount is does not exceed Rs.2000/-
4. A judgment debtor where decretal amount is does not exceed Rs. 1,000/-

[su_spoiler title=”Answer” style=”fancy”]
C ) A judgment debtor where decretal amount is does not exceed Rs.2000/-
[/su_spoiler]

A precept seeks to — ————— of the judgement debtor.

1. Attach the property
2. Prevent alienation of property
3. Prevent attachment and alienation
4. None of the above.[su_spoiler title=”Answer” style=”fancy”]
   1. Prevent alienation of property

   [/su_spoiler]

 

R.90 of Order 21 deals with

1. Pre- sale illegalities committed 9in the execution
2. Post —sale irregularities causing substantial injury to judgment debtor
3. Both a and b
4. None of the above.[su_spoiler title=”Answer” style=”fancy”]
   2. Post —sale irregularities causing substantial injury to judgment debtor
   [/su_spoiler]

 

The place of suing in a suit for partition will be

1. Court within whose jurisdiction the person is residing
2. Court within whose jurisdiction the elder person of the family resides
3. Court within whose jurisdiction the entire property of the family is situated.
4. Court within whose jurisdiction the immovable property is situated
   
   [su_spoiler title=”Answer” style=”fancy”]
   4. Court within whose jurisdiction the immovable property is situated
   [/su_spoiler]

Appeal against a decree or order can be filed in a High Court within

1. 60 days
2. 30 days
3. 90 days
4. 91 days

[su_spoiler title=”Answer” style=”fancy”]
3. 90 days
[/su_spoiler]

Where, before the expiration of the prescribed 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,

1. a fresh period of limitation shall be computed from the time when the acknowledgement was so signed.
2. limitation shall be computed from the time when originally the signature has been given
3. a fresh period of limitation shall not be computed from the time when the acknowledgement was so signed.
4. None of the above

[su_spoiler title=”Answer” style=”fancy”]
a fresh period of limitation shall be computed from the time when the acknowledgement was so signed.
[/su_spoiler]

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

1. 12 years
2. 3 years
3. 5 years
4. No limitation

[su_spoiler title=”Answer” style=”fancy”]2. 3 years
[/su_spoiler]

Which of following is a ground recognized under the Companies Act for automatic adjournment of the General Meeting.

1. Absence of Chairman of the meeting
2. Quorum of the meeting is not present
3. Meeting is held at a place different from what was prescribed in the notice
4. Death of any of the directors prior to the meeting

[su_spoiler title=”Answer” style=”fancy”]2.  Quorum of the meeting is not present[/su_spoiler]

 

Which of the following meetings can be called by members

1. Extra-ordinary General Meeting
2. Annual General Meeting
3. Statutory meeting
4. Special meeting

[su_spoiler title=”Answer” style=”fancy”]

1. Extra-ordinary General Meeting

[/su_spoiler]

Which of the following powers can be exercised by the Board of Directors without holding a meeting

1. Power to issue debentures
2. Power to invest funds of the company
3. Power to make loans
4. Power to appoint of additional director

[su_spoiler title=”Answer” style=”fancy”]
4. Power to appoint of additional director
[/su_spoiler]

Which of following is not a ground for compulsory winding up of a company

1. Oppression of minority
2. Loss of substratum
3. Non-holding of annual general meeting
4. Losses to the company

[su_spoiler title=”Answer” style=”fancy”]
3. Non-holding of annual general meeting[/su_spoiler]

Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion is dealt under

1. Section 385 IPC
2. 386 IPC
3. Section 387 IPC
4. IPC Section 388 IPC[su_spoiler title=”Answer” style=”fancy”]3. Section 387 IPC
   [/su_spoiler]
   F invited C to have a fix of his heroin. Each filled his own syringe and injected each other several times one night. Next morning F died on the question of causation:

1.  C must be convicted of manslaughter
2.  must not be convicted of manslaughter
3.  C can be convicted for the possession of heroin only
4.   C is neither guilty of possessing heroin nor the death of F[su_spoiler title=”Answer” style=”fancy”]
   1.  C must be convicted of manslaughter

   [/su_spoiler]

 

Literally, mens rea means

1. Guilty mind
2. Guilty or a wrongful purpose
3. Criminal intent, a guilty knowledge and wilfulness
4. All of the above[su_spoiler title=”Answer” style=”fancy”]
   4. All of the above
   [/su_spoiler]

 

In which of the following cases mens rea is not an essential ingredient for offences under:

1. Revenue Acts
2. Public Nuisance
3. Criminal case which are in summary mode
4. All of these[su_spoiler title=”Answer” style=”fancy”]
   4. All of these
   [/su_spoiler]

 

Actus non facit reum, nisi mens sit rea means?

1. A deed, a material result of human conduct
2. The intent and act must both concur to constitute the crime.
3. Putting to death
4. Un commended manner[su_spoiler title=”Answer” style=”fancy”]
   2. The intent and act must both concur to constitute the crime.
   [/su_spoiler]

 

Cheating and thereby dishonesty inducing delivery of property, or the making alteration or destruction of a valuable security is dealt under

1. Section 417 IPC
2. Section 418 IPC
3. Section 419 IPC
4. Section 420 IPC[su_spoiler title=”Answer” style=”fancy”]
   4. Section 420 IPC
   [/su_spoiler]

 

Etymologically what is meant by Jurisprudence?

1.  Knowledge of law
2.  Science of law
3. Science of origin
4.  Knowledge of origin[su_spoiler title=”Answer” style=”fancy”]
   1.  Knowledge of law
   [/su_spoiler]

 

What is meant by the term ‘General Law’?

1. It consists of general ordinary law of the land.
2. It consists of those legal rules which are taken judicial notice of by the court
3. It consists of those bodies and legal rules which are exceptional in nature.
4. (a) and (b)[su_spoiler title=”Answer” style=”fancy”]
   4. (a) and (b)
   [/su_spoiler]

According to the theory of ‘social utilitarianism’ as propounded by hering:

1. greatest number of people should get greatest pleasure
2. the essential body of legal rules is always based upon the social “facts” of law
3. a balance is to be struck between the competing interests in society
4. law is a means to social ends[su_spoiler title=”Answer” style=”fancy”]
   4. law is a means to social ends
   [/su_spoiler]

 

A is the mother of B. She becomes a widow and re- marries. B dies. Can A succeed to him as mother? (both are Hindus)

1. No
2. B) Yes
3. Depends on their School
4. Only when B has no sons[su_spoiler title=”Answer” style=”fancy”]
   2. B) Yes
   [/su_spoiler]
   

 

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 or. 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?

1. Lily Thomas case
2. Sarla Mudgal case
3. Githa Hariharan case
4. Goverdhan Lal case[su_spoiler title=”Answer” style=”fancy”]
   3. Githa Hariharan case
   [/su_spoiler]

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?

1. The Hindu Succession (Amendment) Act,
2. The Hindu Succession (Amendment) Act,
3. The Hindu Succession (Amendment) Act,
4. The Hindu Succession (Amendment) Act,[su_spoiler title=”Answer” style=”fancy”]
   2. The Hindu Succession (Amendment) Act,[/su_spoiler]

 

Shamim Ara v State of U.P. relates to

1. The condition precedent for a Muslim husband for rendering divorce is the pronouncement of divorce which has to be proved on evidence
2. Option of puberty
3. Guardianship in Marriage
4. Dower[su_spoiler title=”Answer” style=”fancy”]
   1. The condition precedent for a Muslim husband for rendering divorce is the pronouncement of divorce which has to be proved on evidence
   [/su_spoiler]

 

The provision under the Industrial Disputes Act, 1947 which guarantees the right of workmen laid -off to claim for compensation

1. 25-C
2. 26
3. 25-o
4. 25-A[su_spoiler title=”Answer” style=”fancy”]
   1. 25-C
   [/su_spoiler]

 

The number of persons required to form trade union

1.  6
2.  7
3.  8
4.  9[su_spoiler title=”Answer” style=”fancy”]
   2.  7[/su_spoiler]

 

The temporary closing of the work place or suspension of the work at work place by the employer is known as

1. Lay off
2. Lock out
3. Retrenchment
4. None of the above[su_spoiler title=”Answer” style=”fancy”]
   2. Lock out
   [/su_spoiler]

 

Which of the following acts has a direct relevance for grievance handling practices?

1. The Industrial Disputes Act
2. Factories Act
3. The Industrial Employment (Standing Order) Act
4. all the above[su_spoiler title=”Answer” style=”fancy”]
   4. all the above
   [/su_spoiler]

 

Section IOA of the Industrial disputes Act refers to

1. Voluntary reference of disputes to arbitration
2. Definition of Workman
3. Definition of industry
4. Appeals[su_spoiler title=”Answer” style=”fancy”]
   1. Voluntary reference of disputes to arbitration
   [/su_spoiler]

‘Wages’ under Workmen’s Compensation Act

1. Includes any privilege or benefit which is capable of being estimated in money
2. Does not include any privilege or benefit which is capable of being estimated in money
3. Includes any privilege or benefit which is not capable of being estimated in money
4. None of the above[su_spoiler title=”Answer” style=”fancy”]
   3. Includes any privilege or benefit which is capable of being estimated in money[/su_spoiler]

 

Writ of Certiorari is issued against

1. Lower courts or quasi-judicial bodies
2. Public Officials
3. Wrongful confinement
4. Usurpation of public office[su_spoiler title=”Answer” style=”fancy”]
   1. Lower courts or quasi-judicial bodies
   [/su_spoiler]

Audi Alteram Partem — means

1. Bias
2. Hear the other side
3. No one can be a judge in his own case
4. None of the above[su_spoiler title=”Answer” style=”fancy”]
   2. Hear the other side
   [/su_spoiler]

The Second Administrative Reforms Commission is constituted

1. 31^st August 2004
2. 31^st August 2006
3. 31st  August 2005
4. 31^st August 2007

[su_spoiler title=”Answer” style=”fancy”]

3.31st  August 2005

[/su_spoiler]

The type of damages awarded in the law of torts

1. Liquidated Damages
2. Unliquidated damages
3. Penal damages
4. Exemplary damages

[su_spoiler title=”Answer” style=”fancy”]
2.Unliquidated damages[/su_spoiler]

 

Ashby v White is an example of

1. Damnum sine injuria
2. Uberremifide
3. Injuria sine damnum
4. Usufruct[su_spoiler title=”Answer” style=”fancy”]
   3. Injuria sine damnum
   [/su_spoiler]

 

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

1. Ganga Pollution case
2. Fletcher case
3. Sri Ram Fertilizers case
4. Prabhu dayal case[su_spoiler title=”Answer” style=”fancy”]
   3. Sri Ram Fertilizers case
   [/su_spoiler]

 

Res ipsa loquitor — means

1. Things speak for themselves
2. Tithes imperilled
3. Vicarious liability
4. Dangerous animals[su_spoiler title=”Answer” style=”fancy”]
   1. Things speak for themselves
   [/su_spoiler]

 

A motor cycle with engine capacity not exceeding 50cc may be driven in a public place by a person

1. after attaining the age of sixteen years
2. after attaining the age of eighteen years
3. after attaining the age of fifteen years
4. after attaining the age of twenty one years[su_spoiler title=”Answer” style=”fancy”]
   1. after attaining the age of sixteen years
   [/su_spoiler]

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

1. 2 lakhs
2. 10 lakshs
3. 20 lakhs
4. 50 lakhs[su_spoiler title=”Answer” style=”fancy”]
   3. 20 lakhs
   [/su_spoiler]

New states are created under

1. 3 of the Indian Constitution
2. 4 of the Indian Constitution
3. 5 of the Indian Constitution
4. 370 of the Indian Constitution[su_spoiler title=”Answer” style=”fancy”]
   1. 3 of the Indian Constitution
   [/su_spoiler]

Doctrine of pleasure with reference to civil servants is mentioned under

1. 31 1 of the Indian Constitution
2. 308 of the Indian Constitution
3. 301 of the Indian Constitution
4. Art. 310 of the Indian Constitution[su_spoiler title=”Answer” style=”fancy”]
   4. Art. 310 of the Indian Constitution
   [/su_spoiler]

Right to know flows from one of these Articles of the Constitution

1. 15
2. 19
3. 20
4. 23[su_spoiler title=”Answer” style=”fancy”]
   2. 19
   [/su_spoiler]

Freedom of trade, commerce and intercourse throughout the territory of India – is mentioned under

1. 190) (g)
2. 300A
3. 301
4. 299[su_spoiler title=”Answer” style=”fancy”]
   3. 301
   [/su_spoiler]

Passive euthanasia under certain circumstance is permissible – held in the case of 

1. Aruna Ramachandra Shanbaug Vs. Union of India
2. Gian Kaur Vs State of Punjab
3. State of Maharashtra Vs. Maruty Sripaty Dubal
4. Rathinam Vs Union of India

[su_spoiler title=”Answer” style=”fancy”]
1. Aruna Ramachandra Shanbaug Vs. Union of India

[/su_spoiler]

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?

1. Keshavanada Bharathi v State of Kerala
2. Minerva Mills Vs.UOI
3. Indira Nehru Gandhi v Rajnarain
4. Kihota Hollohon v. Zachilhu[su_spoiler title=”Answer” style=”fancy”]
   2. Minerva Mills Vs.UOI
   [/su_spoiler]

K. C. Gajapati Narayan Deo v. State of Orissa; is oftén quoted with reference to

1. Doctrine of Eclipse
2. Doctrine of sever.ability
3. Doctrine of colourable legislation
4. Doctrine of territorial nexus[su_spoiler title=”Answer” style=”fancy”]
   3. Doctrine of colourable legislation
   [/su_spoiler]

Raja Ram Pal v. Honjble Speaker, Lok Sabha deals with

1. Presidents’ election
2. Privileges of the legislature
3. Pardoning power
4. Office of profit[su_spoiler title=”Answer” style=”fancy”]
   2. Privileges of the legislature
   [/su_spoiler]

Under Art. I of the Constitution, India that is Bharat shall be

1. Federation of states
2. Union of states
3. Democratic republic
4. Quasi federal[su_spoiler title=”Answer” style=”fancy”]
   2. Union of states
   [/su_spoiler]

A Minister ceases to hold office if he does not become a member of the Legislature within six months – is mentioned under

1. 164 (4)
2. 164(1)
3. 164(2)
4. 164 (3)

[su_spoiler title=”Answer” style=”fancy”]
1. 164 (4)[/su_spoiler]

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