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AIBE-XVI English Set D Exam Questions

The document contains a series of legal questions and answers related to various laws, including the Advocate's Act, Criminal Procedure Code, and Civil Procedure Code. It covers topics such as amendments, professional misconduct, arbitration, and property rights, among others. The questions are structured in a multiple-choice format, providing options for each query.

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0% found this document useful (0 votes)
96 views8 pages

AIBE-XVI English Set D Exam Questions

The document contains a series of legal questions and answers related to various laws, including the Advocate's Act, Criminal Procedure Code, and Civil Procedure Code. It covers topics such as amendments, professional misconduct, arbitration, and property rights, among others. The questions are structured in a multiple-choice format, providing options for each query.

Uploaded by

Divya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

1. If a party who obtained an order for leave to c) One year


amend pleading does not amend the same d) Three months
within how many days, he shall not be 8. The maximum limit of Rs. 500 that could be
permitted to do that without the leave of the paid to the wife as maintenance under
Court Section 125 of the Cr.P.C 1973 was removed
a) Fifteen days in:
b) Fourteen days a) 1973
c) Twenty days b) 1989
d) Thirty days c) 2001
2. Punishment of advocates for misconduct has d) 2007
been given under section of the Advocate's 9. The term ‘WIPO” stands for:
Act - 1961 a) World Investment policy organization
a) 30 b) World intellectual property organization
b) 32 c) Wildlife Investigation and Policing
c) 35 organization
d) None d) World institute for Prevention of
3. A company wishes to ensure that no one else organized crime
can use their logo. 10. The Committee which led to the passing of
a) Copy rights the Criminal Law (Amendment) Act, 2013 was
b) Trade mark headed by
c) Patent a) Justice Dalveer Bhandari
d) Industrial designs b) Justice Altamas Kabir
4. The Section of the Arbitration and c) Justice J.S. Verma
Conciliation Act, dealing with the time of d) Justice A.S. Anand
commencement of arbitral proceeding is 11. Under the scheme of Criminal Procedure
a) Section 20 Code, non-cognizable offences are:
b) Section 21 a) Public wrongs
c) Section 22 b) Private wrongs
d) None of the above c) Both public and private wrongs
5. The payment of compensation to railway d) None of the above
employees by the railway administration for 12. A discrimination against a man or a woman,
injuryby accident is governed by: only on grounds of _______ would be
a) The Employees Compensation Act, 1923 violative of Article 15(1)
b) The payment of Wages Act, 1936 a) Sex
c) Rights of Persons with Disabilities Act, b) Remuneration
2016 c) Place of birth
d) The Workmen Compensation Act, 1986 d) Religion
6. The minimum amount of compensation 13. What is meant by procedural ultra-vires?
payable under Employees Compensation a) It is the non-observance of the
Act, 1923 in case of total permanent procedural norms by the rule-making
disablement of a railway servant due to authority
accident is Rs . b) It may make the rule ultra vires due to
non-observance of rule-making authority
a) Rs 80,000/-
and hence become void
b) Rs 90,000/-
c) It means the lacuna in the procedure of
c) Rs 1,40,000/-
law
d) Rs 1,20,000/- d) (a) and (b)
7. The Bond under section 109 Cr.P.C as security 14. The ground of “error of law apparent on the
for good behaviour from suspected person face of the record” is connected with which
can be executed for a period not exceeding:
of the writ?
a) Six months
a) Quo-warranto
b) Two years
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

b) Mandamus exercise of B’s official functions. B accepts


c) Habeas Corpus the bribe
d) Certiorari a) A has abetted the offence define in
15. Under Civil Procedure Code find the incorrect Section 160, IPC
match: b) A has abetted the offence define in
a) Section 5............ Revenue Court Section 161, IPC
b) Section 7............ Provincial Small Causes c) A has abetted the offence define in
Court Section 162, IPC
c) Section 9............ Pecuniary Jurisdiction of d) A has abetted the offence define in
Courts Section 163, IPC
d) Section 8............ Presidency Small Cause 21. When Perpetual Injunction may be granted-
Courts a) Where the defendant is trustee of the
16. The “Objective Resolution“ adopted by the Property for the plaintiff.
constituent assembly on January 22 , 1947 b) Where there is no standard for
was drafted by ascertaining the actual damage.
a) Jawaharlal Nehru c) Compensation in money would not afford
b) Dr. B.R. Ambedkar adequate relief.
c) Dr. Rajendra Prashad d) All of the above.
d) B.N. Rao 22. In case of land acquisition by the Central
17. Right to the property was eliminated from Government for public-private partnership
the list of Fundamental Rights during the projects, consent of how many affected
tenure of families is mandated by the LARR Act?
a) Indira Gandhi a) 60%
b) Charan Singh b) 70%
c) Rajiv Gandhi c) 80%
d) Morarji Desai d) 90%
18. When the accused states, "I will produce the 23. A company which is not a domestic
share which I gave received in such and such company will pay income tax at the rate
robbery" which of the following are not of:-
admissible with regard to Section 25, Indian a) 25 %
Evidence Act? b) 30%
I. An admission that there was a robbery c) 40%
II. An admission that the accused took part d) 20%
in it 24. Amount of deduction under section 24 of The
III. An admission that he got part of the Income Tax Act from annual value is —
property a) ½ of Annual Value
IV. A statement as to where the property is b) 1/3 of Annual Value
a) I, II and III c) 3/10 of Annual Value
b) III and IV d) 17/10 of Annual Value
c) II, III and IV 25. The test of reasonableness is not wholly
d) All of them _______ test and its contours are Fairley
19. Under which Section of IPC, Professional indicated by constitution.
Negligence is often invoked against medical a) Subjective
professionals in cases alleging professional b) Objective
negligence? c) Descriptive
a) 303A d) Summative
b) 304A 26. The power to enact a law relating to the
c) 302 citizenship of India is left to ______ under the
d) 305 provisions of Article 11 of the Indian
20. A offers a bribe to B, a public servant, as a Constitution.
reward for showing A some favour in the a) President
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

b) Council of ministers 32. The verification of the registered office shall


c) House of people be furnished to the registrar within a period
d) Parliament of incorporation
27. An arbitration proceeding is a: a) 30 days
a) Judicial proceeding b) 60 days
b) Quasi-judicial proceeding c) 90 days
c) Administrative proceeding d) 120 days
d) None of the above 33. Cyber law deals with
28. What is ad hoc arbitration? a) All activities concerning the internet
a) It is a proceeding administered by the b) IPR
parties themselves, with rules created c) E-commerce
solely, for that specific case d) All of the above
b) Parties make their own arrangement with 34. As per section 53 of IPC, the word “injury”
respect to all aspects of the arbitration, denotes any harm whatever illegally caused
including the laws and rules to any person’s
c) The seal of arbitration, the language, and a) Body
the scope and issues to be resolved by b) Mind
means of arbitration. c) Reputation
d) (a) (b) (c) d) All above
29. Which of the following Sections of the Civil 35. Which of the following cases can be cured
Procedure Code define the ‘ Mesne Profit’ ? under section 465 of the code of criminal
a) Section 2(4) procedure, 1973?
b) Section 2(14) a) Entertaining of complaint without
c) Section 2(6) complying with section 195 and 340 of
d) Section 2(12) the Cr.P.C
30. An advocate is under an obligation to uphold b) The reading and recording of the
the rule of law and ensure that the pubic evidence taken in one case into another
justice system is enabled to function at its full companion case
potential. Any violation of the principle of c) The examination of witness in absence of
professional ethic by an advocate is the accused
unfortunate and unacceptable. Ignoring even d) Non Compliance with 235(2)
a minor violation/misconduct militates 36. Which of the following statements hold true
against the fundamental foundation of the for de nova trials?
public justice system. It was said in- a) Omission or illegality in the procedure
a) Hikmant ali khan Vs Ishwar Prasad Arya, even if it does not affect the core of the
1997 3 SCC 131 case can become a ground for calling de
b) O.P. Sharma Vs high court of Punjab & nova trials
Haryana, (2011) 6 SCC 86 b) A de nova trial should be the last resort
c) L.D. Jaikwal Vs state of Uttar Pradesh, c) the court originally trying the case can
(1984) 3 SCC 405 order de nova trial
d) Shamsher singh bedi Vs High court of d) None of these
Punjab & Haryana, (1996) 7 SCC 99. 37. The phrase “file a PIL, ostensibly in public
31. Section 8 of the companies act, 2013 contains interest but, in fact, to serve personal or
provision relating to private interests” means -
a) incorporation of company a) filing PIL for protection of only public
b) formation of companies with charitable interest
objects, etc b) filing PIL for protection of both public
c) effect of registration and private interest
d) Effect of memorandum and articles. c) filing PIL for protection of only private
interest
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

d) filing PIL alleging it to be in public 44. A Chief Judicial Magistrate may pass a
interest but actually seeking protection sentence of imprisonment
of private interest a) Not exceeding seven years
38. Filing of frivolous PILs results in- b) Exceeding seven years
a) increasing backlog of cases c) For life
b) wastage of resources d) None of the above
c) lesser availability of time for hearing 45. The maximum limit of the members of the
other genuine cases state bar council:
d) All of the above a) 15
39. Z, under the influence of madness, attempts b) 20
to kill X. Is Z guilty of an offence. Has X the c) 25
same right of private defence which he would d) None.
have if Z were sane? 46. Specific Relief Act 1963 contains-
a) Z has not committed any offence as per a) 6 chapters and 40 Sections
section 98 of IPC and same right of b) 7 chapters and 42 Sections
private defence to X if Z is mad c) 8 chapters and 43 Sections
b) As per Section 98 of IPC, X has committed d) 8 chapters and 44 Sections
an offence and no right of private 47. Any private person may arrest any person
defence to X who:
c) Z has committed an offence for not using a) Commits non-bailable offence in his
his mind presence
d) None above b) Commits non- bailable offence and
40. Admission can be broadly categorised into: cognizable offence in his presence
a) Judicial c) Commits compoundable offence in his
b) Extra- judicial presence
c) Either A and B d) Commits offence in his presence or is a
d) Both A and B proclaimed offender
41. Section 66, Indian Evidence Act lays down: 48. How long a warrant of arrest shall remain in
a) A notice must be given before secondary force?
evidence can be received under section a) 6 years
65 (a), Indian Evidence Act b) 10 years
b) Notice to produce a document must be in c) 12 years
writing d) Until executed or cancelled
c) Order XI, Rules 15, of Civil Procedure 49. Rate of additional Depreciation will be-----
Code, prescribes the kind of notice to under section 32- Indian Income Tax Act
produce a document a) 10 %
d) All of them b) 20 %
42. Maxim "Res Ipsa Loquitur" means :- c) 15 %
a) The thing speaks for itself d) 30 %
b) Where there is right there is remedy 50. The rule of Strict Liability is based on the
c) Where there is remedy there is right decision in :-
d) Where there is no fault there is no a) Donoghue Vs Stevenson
remedy b) Homes Vs Ashford
43. What is the Period of Limitation for c) Rylands Vs Fletcher
expeditious disposal of Suit under Specific d) None of the above
Relief Act 1963: 51. The Rule of Last opportunity was Laid
a) 6 month down in :-
b) 10 month a) Davies Vs Manh
c) 12 month b) State of A.P. Vs Ranganna
d) 18 month c) Nugent Vs Smith.
d) Kalawati Vs state of HP
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

52. In which of the following cases was it held b) Minister of Environment and Forests
that “the rights conferred under section 25 of c) Central Government
the Hindu Adoption and Maintenance Act, d) State Government
1956 supersedes any contract to the contrary. 59. A plaint has to be presented to the Court
The fact that the date of decree makes no under Order IV, Rule 1 in
difference”? a) Single copy
a) Surenderabal Vs Suppiah b) Duplicate
b) Mukesh teli Vs Bharti Teli c) Triplicate
c) Sesi Ammal Vs Thaiyu Ammal d) No fixed rule
d) Laxmi Vs Krishna 60. Omission to give notice under Order XXI. Rule
53. Which of the following sections of the Hindu 22 will
Adoption and Maintenance Act, 1956 deals a) Render the execution null and void
with “amount of maintenance”? b) Render the execution irregular
a) Section 21 c) Render the execution voidable
b) Section 22 d) Not affect the execution
c) Section 23 61. Where a decree is passed against the Union
d) Section 24 of India or State for the Act done in the
54. In which of the following case the official capacity of the person concerned,
Supreme Court First of all made an attempt under section 82 CPC, execution, shall not be
to look into the question regarding the issued on any such decree unless the decree
extension of the right to life to the right remains unsatisfied for a period of
to Health and other Hygienic conditions — a) 3 months from the date of decree
a) The Rural Litigation and Entitlement b) 6 months from the date of the decree
Kendra Vs State of Uttar Pradesh. c) 1 year from the date of the decree
b) M.C Mehta Vs Union of India d) 2 years from the date of decree
c) V. Lakshmipathy Vs State of Karnataka 62. The Hindu Marriage Act, 1955 ________
d) F.K. Hussain Vs Union of India. petition in which a decree of restitution of
55. Basel Convention is associated with one of conjugal rights has been passed to apply to
the following — the court for a decree for divorce by showing
a) International Trade in Endangered that there has been no restitution of conjugal
species of wild Fauna & flora rights as between parties of marriage for a
b) Climate change period of one year or upwards after passing
c) Protection of Ozone layer of the decree.
d) The control of transboundary a) Does not permit any party to that
movement of Hazardous waste and b) Does not permit the party against whom
their disposal. the
56. Cyber crime is ________ in nature c) Does permit any party to that
a) Tangible d) Does permit any person related to either
b) Intangible party to that
c) Of mental Violence 63. The offences under the Prohibition of Child
d) None of the above Marriage Act, 2006 are ______.
57. Recovery of Specific Immovable Property a) Cognizable and bailable
may be obtained by C.P.C within what period- b) Non cognizable and non-bailable
a) Within 7 months c) Cognizable and non-bailable
b) Within 6 months d) Non cognizable and bailable
c) Within 8 months 64. Protection against arrest and detention in
d) Within 10 months certain cases is mentioned in which of the
58. Who appoints the Commissioner for following Articles of Indian Constitution?
rehabilitation and resettlement under the a) Article 21
LARR Act? b) Article 21A
a) LARR Authority c) Article 22
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

d) Article 22A should be allowed to refer to the records of


65. Article 300A of Indian Constitution i.e. Right investigation
to property has been inserted in the a) State of Karnataka Vs Yarappa Reddi
Constitution by ______ b) Mohammed Khalid Vs State of West
a) 44th Amendment Act Bengal
b) 42nd Amendment Act c) Baburam Vs State of U.P.
c) 40th Amendment Act d) State of Rajasthan Vs Om prakash
d) 51st Amendment Act 72. Under Civil Procedure Code, 1908 “Foreign
66. Which of the following sections of the Court” means
Muslim Personal Law (Shariat) Application a) A court situated outside India
Act, 1937 have been repealed/ amended by b) A court situated outside India and not
section 6 of the Dissolution of Muslim established under the authority of
Marriage Act, 1939? Government of India
a) Section 4 c) A court situated in India, applying foreign
b) Section 5 law
c) Section 6 d) All of the above
d) Section 7 73. Misuse of mechanism of PILs means-
67. On which of the following dates did Hindu a) filing PILs for protection of private
Marriage Act, 1955 come into operation? interest
a) May, 1955 b) filing PILs for oblique motive
b) June, 1955 c) filing PILs only for publicity
c) May, 1955 d) All of the above
d) June, 1955 74. Provisions of Section 10 of CPC are:
68. Which of the following properties will section a) Directory
30 of the Hindu Succession Act, 1956, b) Mandatory
govern? c) None- Mandatory
I. Tarwad d) Discretionary
II. Tavazhi 75. Constructive res-judicata is contained in
III. Kutumba which of the following?
IV. Kavaru a) Explanation III to Section 11
V. Illom b) Explanation IV to Section 11
a) I, III, and V c) Explanation VI to Section 11
b) II, IV and V d) Explanation VIII to Section 11
c) I and II 76. The famous pronouncement of Delhi High
d) All of the above Court regarding constitutional validity of
69. Freedom of Residence under Article 19 of section 377 Indian Penal Code reversed by
that Indian Constitution is available in which Supreme Court in:
of the following clauses? a) NALSA Vs Union of India
a) Clause (1) (E) b) Naz Foundation Vs Government of NCT of
b) Clause (1) (D) Delhi
c) Clause (1) (B) c) Shabnam Hasmi Vs Union of India
d) Clause (1) (C) d) Suresh Kaushal Vs Naz Foundation
70. Under which section of the Evidence Act, 77. Reference to the Arbitration is provided in
admissions are defined? which section of the Arbitration and
a) 17 Conciliation Act, 1996
b) 16 a) Section 7
c) 15 b) Section 8
d) 18 c) Section 9
71. In which of the following cases the Supreme d) Section 10
Court has held that the investigating officer
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

78. Under the head subsequent conduct, which 83. How many kinds of presumptions are there
of the following type of conduct would be as classified by the Supreme Court?
material? a) Permissive presumptions or
a) Change of life presumptions of facts
b) Evasion of justice b) Compelling presumptions or
c) Fear, trembling presumptions of law (rebuttable
d) All of them presumptions)
79. Which of the following statement/ c) Irrebuttable presumptions of law or
statements is/are false for the purpose of the conclusive presumptions.
Hindu Marriage Act, 1955? d) All of them
I. It is assumed that a person who is not 84. What is the leading decision in the case of
Muslim, Santhal, Christian, Jew or Parsi Menaka Gandhi Vs Union of India?
by religion is Hindu a) Right of hearing
II. A person who belongs to Lingayat sub b) Separation of powers
sect is assumed to be Hindu c) Delegated legislation
III. A person converted who converted to d) Rule of evidence
another religion needs to follow local 85. Advocate's act 1961 came into force on:
ritual/ custom for converting back to a) 19th May, 1961
Hinduism b) 19th April, 1961
a) I only c) 1st May, 1961
b) I and II d) 19th January, 1961
c) III only 86. Health and education cess is applicable to —
d) I and III a) All assesses
80. Provision for settlement of dispute outside b) All assesses except company
court has been provided under Section.......... c) Individual / HUF
of Civil Procedure Code. d) Company only
a) 91 87. Contractual Liability arises , where:
b) 89 a) There is offer and acceptance only.
c) 51 b) There is intention to create legal relation.
d) 151 c) There is loss to one party
81. The Indian Evidence Act came into force on d) The loss of one party is the gain of other
a) 6th October, 1860 party.
b) 1st March, 1974 88. According to section 2 of motor vehicles Act,
c) 15th March, 1872 1988 the term motor cab means any motor
d) 1st September, 1872 vehicle constructed or adapted to carry not
82. According to the provisions of Article 315 of more than
the Indian Constitution: a) 5 passengers or including the driver
I. There shall be a public service b) 6 passengers or including the driver
commission for the Union and a Public c) 5 passengers or excluding the driver
Service commission for each state. d) 6 passengers or excluding the driver
II. The public service commission for the 89. The National Commission of Consumer
Union, if requested to do by the governor Protection is composed of-
of a state may, with the approval of the a) 7 members ;
president, agree to serve all or any of the b) 5 members ;
needs of the state. c) 8 members ;
Which of the above statements is/are correct? d) 6 members ;
a) Only I 90. Under Criminal procedure Code 1973, who
b) Only II shall record the information of rape being
c) I and II given by a rape victim?
d) None of them a) Officer in-charge of the police station
b) Deputy Superintendent of police
BCI-OCT-21 AIBE-XVI ENGLISH-SET-D

c) Officer not below the rank of Sub 97. “Casting Couch” in Bollywood, the Indian
Inspector film industry, is an example of-
d) Woman police officer or any Woman a) sexual assault
officer b) sexual harassment
91. Under the provision of the code of criminal c) both (a) and (b)
procedure, 1973 d) None of the above
a) Summons can be oral 98. Harbouring an offender who has escaped
b) Summons cannot be served on corporate from custody, or whose apprehension has
entities been ordered, if the offence be capital is
c) Summons are either for appearance or for dealt under
producing a document/thing a) Section 215 of IPC
d) Summons can be served to servants in b) Section 216 of IPC
case the person on whose name summons c) Section 217 of IPC
are made cannot be found d) Section 218 of IPC
92. Every person who is a member or a defence 99. The maxim ‘actus not facit reum nisi mens sit
service or hold a any civil post under the rea’ means
Union, holds office during the pleasure of the a) There can be no crime without a guilty
_______ mind
a) Prime Minister b) Crime has to be coupled with guilty mind
b) President c) Crime is the result of guilty mind
c) Council of Minister d) In crime intention is relevant, motive is
d) Both (A) and (B) irrelevant
93. Promissory estoppel against Government 100. Law laid down under section -73 of
agencies is decided in: Indian Contract Act 1872 is related to which
a) Tweedle Vs Atkinson of the following cases:
b) Dutton Vs Poole a) Hothester Vs De-la-tur
c) Pournami all Mills Vs State of Kerala b) Rabinson Vs Devison
d) Kedar Nath Vs Gauri Mohamad c) Hedley Vs Baxendal
94. Frustration of contract is provided by which d) Dikinson Vs Dads
section of the India contract Act?
a) Sec. 73
b) Sec. 70
c) Sec. 2(d)
d) Sec. 56
95. Schedule II of the Employees Compensation
Act 1923 deals with
a) Age factor for calculating the amount of
compensation
b) List of persons who are included in the
definition of ‘Employee’
c) List of occupational diseases
d) List of injuries Deemed to Result in
Permanent Total Disablement
96. A Railway servant was killed in a bus
accident during the course of employment.
His family members may claim compensation
under
a) The Motor Vehicle Act
b) The Employees Compensation Act, 1923
c) Both (a) and (b)
d) Either under (a) OR under (b)

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