AIBE EXAM QUIZ BASED ON PREVIOUS YEAR QUESTION PAPER
YEAR -2014 – PART – 1
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.
C) (a) and (b)
D) Principle of separation of powers of each limb of the State is breached.
[su_spoiler title=”Answer” style=”fancy”]
A) Principle of separation of powers of each limb of the State is not breached
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Principle of separation of powers of each limb of the State is breached. Section 6 of the Cr.P.C. defines?
A) Classes of Criminal Courts
B) Classes of District Courts
C) Classes of Municipal Courts
D) Classes of Civil Courts
[su_spoiler title=”Answer” style=”fancy”]
A) Classes of Criminal Courts
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When an offence is bailable:
A) A person has no right to be released on bail upon arrest.
B) 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
[su_spoiler title=”Answer” style=”fancy”]
B) A person has a right to be released on bail upon arrest.
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As per section 273 of Cr.P.C., 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 (a) and (b)
[su_spoiler title=”Answer” style=”fancy”]
D. Both (a) and (b)
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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 fit commute the sentence to imprisonment for life.
C) Sent for medical assistance
D) Non- Judicial mandate of powers.
[su_spoiler title=”Answer” style=”fancy”]
B) If thinks fit commute the sentence to imprisonment for life.
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Under which section of the Cr.P.C, the procedure when investigation cannot be completed within twenty-four hours has been described ?
A) Sec. 165
B) Sec.167
C) Sec. 166
D) Sec.164
[su_spoiler title=”Answer” style=”fancy”]
B) Sec.167
[/su_spoiler]
What is provided by the Code of Criminal Procedure 1973 ?
A) The Code provides the procedure for the implementation 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 of the civil justice system.
D) (a) and (b)
[su_spoiler title=”Answer” style=”fancy”]
D) (a) and (b)
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As per section 2(c) a cognizable offence is
A) Where a police officer may arrest without warrant.
A) Where a police officer may not arrest without warrant
B) Where a police officer may arrest with permission of a court
C) Any person in the public can arrest
[su_spoiler title=”Answer” style=”fancy”]
A) Where a police officer may arrest without warrant.
[/su_spoiler]
Section 100 of the Cr.P.C. refers to
A) Seizure
B) Search
C) Summons
D) Search-warrants
[su_spoiler title=”Answer” style=”fancy”]
B) Search|
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Is there any maximum period for which an under-trial can be detained under Section 436 A of the Cr.P.C.,
A) Yes, half of the Maximum period of imprisonment specified for that offence
B) No period is prescribed
C) Court can decide
D) Maximum 90 days
[su_spoiler title=”Answer” style=”fancy”]
A) Yes, half of the Maximum period of imprisonment specified for that offence
[/su_spoiler]
Presumption of law is
A) Discretionary and rebuttable
B) Mandatory and rebuttable
C) Mandatory and irrefutable
D) All of the above
[su_spoiler title=”Answer” style=”fancy”]
C) Mandatory and irrefutable
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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) 21 and Art.23(2)
C) Art 23 and Art.21
D) 20(2) and Art.20(l)
[su_spoiler title=”Answer” style=”fancy”]
A) Art, 20 (3) and Art.21
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According to the Law Commission of India 69 th Report, S.27 of the Indian Evidence Act is based on the
A) Doctrine of introspection
B) Doctrine of testimonial incrimination
C) Doctrine of confirmation
D) None of the above
[su_spoiler title=”Answer” style=”fancy”]
C) Doctrine of confirmation
[/su_spoiler]
S.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
[su_spoiler title=”Answer” style=”fancy”]
A) Pacta tertii nec nocent nec prosunt
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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 /stranger
D) None of the above
[su_spoiler title=”Answer” style=”fancy”]
B) One who affirms it
[/su_spoiler]
The Court’s discretion to permit leading questions is confined only to matters which
A) Introductory facts
B) Undisputed facts
C) Facts already sufficiently proved to the satisfaction of the court
D) All the above
[su_spoiler title=”Answer” style=”fancy”]
D) All the above
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The question is whether A murdered B. Marks on the ground ,produced by a struggle at or near the place where the murder was committed, are relevant facts under
A) S.7
B) S.6
C) S.8
D) S.l l
[su_spoiler title=”Answer” style=”fancy”]
A) S.7
[/su_spoiler]
S.93 of the Indian Evidence Act treats the patent ambiguity as
A) Curable
B) Incurable
C) Proper
D) None of the above
[su_spoiler title=”Answer” style=”fancy”]
B) Incurable
[/su_spoiler]
A promise or set of promises forming consideration to each other — is known as
A) Proposal
B) Consideration
C) Agreement
D) Contract
[su_spoiler title=”Answer” style=”fancy”]
C) Agreement
[/su_spoiler]
A past consideration under Indian Law
A) Invalid
B) Valid
C) Void
D) Voidable
[su_spoiler title=”Answer” style=”fancy”]
B) Valid
[/su_spoiler]
Caveat emptor means
A) Purchaser beware
B) Seller beware
C) Things outside commerce
D) A warning letter
[su_spoiler title=”Answer” style=”fancy”]
A) Purchaser beware
[/su_spoiler]
Consensus ad idem means
A) Good faith
B) Opinion of third parties
C) Opinion of the offeree
D) Meeting of the minds
[su_spoiler title=”Answer” style=”fancy”]
D) Meeting of the minds
[/su_spoiler]
Agreement in restraint of marriage is
A) Contingent contract
B) Wager
C) Void
D) Valid
[su_spoiler title=”Answer” style=”fancy”]
C) Void
[/su_spoiler]
A tells B, the shopkeeper, “Give Z the Goods,I will see you paid” — this contract is
A) Bailment
B) Agency
C) Guarantee
D) Indemnity
[su_spoiler title=”Answer” style=”fancy”]
D) Indemnity
[/su_spoiler]
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
[su_spoiler title=”Answer” style=”fancy”]
A) Guarantee
[/su_spoiler]
“He who does an act through another, does it himself’ — is a contract of
A) Sale
B) Purchase
C) Agency
D) Partnership
[su_spoiler title=”Answer” style=”fancy”]
C) Agency
[/su_spoiler]
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
[su_spoiler title=”Answer” style=”fancy”]
B) Consideration
[/su_spoiler]
X owes Y Rs.20, 000 but this debt is barred by Limitation Act. X executes a written promise to pay B Rs.15, 000 on account of debt. This is
A) Invalid
B) Void
C) Valid
D) Voidable
[su_spoiler title=”Answer”]
C) Valid
[/su_spoiler]
When-a negotiable instrument is delivered conditionally or for a special purpose as a collatehal security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called
A) Fictitious Bill
B) Inchoate instrument
C) Escrow
D) Clean Bill
[su_spoiler title=”Answer”]
C) Escrow
[/su_spoiler]
Which one of the following is a promissory note when A signs the instrument?
A) I promise to pay B or order Rs. 10,000/on demand
B) I.Owe.You. Rs. 10,000/
C) I promise to pay B Rs. 10,000/- and such other sums which shall be due to him
D) I promise to pay B on his request Rs. 10,000/- on the death of X
[su_spoiler title=”Answer”]
A) I promise to pay B or order Rs. 10,000/on demand
[/su_spoiler]
Transfer of Property Act applies to transfers
A) By partition in a joint family
B) Inter vivos
C) Both between animate and inanimate objects
D) Between living and nonliving persons)
[su_spoiler title=”Answer”]
B. Inter vivos
[/su_spoiler]
A transfer’s property of which he is the owner to B 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 benefit of the eldest son
A) Does not take effect
B) Takes effect
C) Partially takes effect
D) None of the above
[su_spoiler title=”Answer”]
A) Does not take effect
[/su_spoiler]
A transfer of an interest in specific 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 engagement which may give rise to a pecuniary liability – is called
A) Sale
B) Gift
C) Mortgage
D) Lease
[su_spoiler title=”Answer”]
C) Mortgage
[/su_spoiler]
A lease of immovable property from year to year or for any term exceeding one year reserving a yearly rent, can be made only by a
A) Oral agreement
B) Written agreement
C) Partition
D) Registered instrument
[su_spoiler title=”Answer”]
D) Registered instrument
[/su_spoiler]
Specific performance of contract can be ordered
A) When the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief B) When the act agreed to be done is such that compensation in money for non-performance will give sufficient relief
C) Contract, performance of which involves a continuous duty. which Court cannot supervise
D) Specific performance of contract of personal nature cannot be ordered.
[su_spoiler title=”Answer”]
A) When the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief
[/su_spoiler]
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 of trots
B) Under any law relating to contracts
C) Under IPC
D) Under Cr.P.C.
[su_spoiler title=”Answer”]
B) Under any law relating to contracts
[/su_spoiler]
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 continuous 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
[su_spoiler title=”Answer”]
A) A contract the performance of Which involves the performance of a continuous duty which the court cannot supervise.
[/su_spoiler]
38) A sells a TV to a minor, who pays for it by means of a cheque. A indorses that cheque to X. X takes it in good faith and for value. This Cheque was dishonoured on presentation. X can enforce payment of the cheque
A) Against Minor
B) Against Minor and A
C) Against A only
D) Cannot enforce against any body
[su_spoiler title=”Answer”]
C) Against A only
[/su_spoiler]
Who has the authority to prescribed qualifications and disqualifications for membership of a Bar Council?
A) State Bar Councils
B) Bar Council of India
C) Supreme Court of India
D) Supreme Court Bar Association
[su_spoiler title=”Answer”]
B) Bar Council of India
[/su_spoiler]
Indian Council of Legal Aid and Advise v. BCI case deals with the issue 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
[su_spoiler title=”Answer”]
D) Prescribing age bar on enrolment of advocates
[/su_spoiler]
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
[su_spoiler title=”Answer”]
A) Bar Council of India
[/su_spoiler]
Which of the following committees cannot be constituted by State Bar Council
A) Special Committee
B) Disciplinary Committee
C) Legal Aid Committee
D) Legal Education Committee
[su_spoiler title=”Answer”]
D) Legal Education Committee
[/su_spoiler]
In which year by an amendment of the Code of Civil Procedure Sec.89 has been included in the code, which gives importance to mediation, conciliation and arbitration.
A) 2002
B) 2004
C) 2013
D) 2012
[su_spoiler title=”Answer”]
A) 2002
[/su_spoiler]
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
[su_spoiler title=”Answer”]
C) an arbitration clause in a contract or in the form of a separate agreement
[/su_spoiler]
A decision by the arbitral tribunal that the contract is null and void shall
A) Entail ipso jure the invalidity of the arbitration clause.
B) Not entail ipso jure the invalidity of the arbitration clause.
C) Entail defacto invalidity of the arbitration clause.
D) None of the above
[su_spoiler title=”Answer”]
B) Not entail ipso jure the invalidity of the arbitration clause.
[/su_spoiler]
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
[su_spoiler title=”Answer”]
A) Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
[/su_spoiler]
Claim made by the defendant in a suit against the plaintiff
A) Cross claim
B) Cross suit
C) Counter claim
D) Cross decree
[su_spoiler title=”Answer”]
C) Counter claim
[/su_spoiler]
Interpleader suit is dealt with in which of the following sections of C.P.C.?
A) Section 87
B) Section 88
C) Section 89
D) Section 90
[su_spoiler title=”Answer”]
B) Section 88
[/su_spoiler]
As required by S.80 C.P.C, the suit can be instituted after the expiry of—– of notice
A) I month
B) 2 months
C) 60 days
D) 30 days
[su_spoiler title=”Answer”]
B) 2 months
[/su_spoiler]
Under S.2 (2) of C.PC. Rejection of a plaint is
A) Decree
B) Deemed decree
C) Cross decree
D) Cross appeal
[su_spoiler title=”Answer”]
B) Deemed decree
[/su_spoiler]
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