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Bar Council Mock - 4

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Layoff means

  1. removing a workman

  2. retirement of a workman

  3. dismissing a workman

  4. inability of employer to provide work to a workman


Correct Option: D
Explanation:

(4) Layoff means suspension or termination of employment with or without notice by the employer or management. Layoffs are not caused by any fault of the employees, but by reasons such as lack of work, cash or material. 

Permanent closing down of a part of place of work is called

  1. layoff

  2. retrenchment

  3. closure

  4. lockout

  5. strike


Correct Option: C
Explanation:

(3) Under the Industrial Dispute Act, 1947, closure means the permanent closing down of a place of employment or part thereof.

A strike means

  1. mere cessation of work

  2. cessation of work under common understanding

  3. cessation of work coupled with gherao of management

  4. slowing down the production

  5. All of above


Correct Option: C
Explanation:

(3) A refusal to work, organised by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer. In other words, a strike means cessation of work coupled with gherao of management.

The Consumer Protection Act, 1986 was enacted on

  1. June 15, 1986

  2. October 24, 1986

  3. December 24, 1986

  4. January 1, 1986


Correct Option: C
Explanation:

(3) The Consumer Protection Act, 1986 was enacted on December 24, 1986.

Every appeal under the Consumer Protection Act shall be preferred within

  1. fifteen days

  2. three months

  3. five days

  4. thirty days


Correct Option: D
Explanation:

(4) Under Section 27A of the Consumer Protection Act, 1986, every appeal shall be preferred within a period of thirty days from the date of an order of a District Forum or a State Commission or the National Commission.

The Rann of Kachchh dispute was settled by

  1. the International Council

  2. the Security Council

  3. the mediation of the Soviet Union

  4. international arbitration


Correct Option: D
Explanation:

(4) The Rann of Kachchh dispute was settled by international arbitration.

Assertion (A): The International Court of Justice does not have any compulsory jurisdiction over all international disputes between states. Reason (R): States enjoy sovereignty in international relations.

  1. Both A and R are individually true and R is the correct explanation of A.

  2. Both A and R are individually true, but R is not the correct explanation of A.

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: D
Explanation:

(4) The International Court of Justice has compulsory jurisdiction over all international disputes between states and states enjoy sovereignty in international relations.

Assertion (A): The UN General Assembly has the power to authorise UN peace-keeping operations. Reason (R): The General Assembly represents the entire membership of the United Nations.

  1. Both A and R are individually true and R is the correct explanation of A.

  2. Both A and R are individually true, but R is not the correct explanation of A.

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: B
Explanation:

Peacekeeping operations are usually led by the Department of Peacekeeping Operations (DPKO). The UN General Assembly has the power to authorise UN peace-keeping operations. The General Assembly represents the entire membership of the United Nations. There are 193 United Nations (UN) member states and each of them is a member of the United Nations General Assembly. Both A and R are individually true, but R is not the correct explanation of A. 

Article 94 of the United Nations Charter provides that

  1. the International Court of Justice is empowered to implement its decisions

  2. if any party to a case fails to perform its obligations under the judgment, the Security Council is empowered to implement the judgment of the court, provided the matter is referred to it by ICJ

  3. if any party to a case fails to perform its obligations under the judgment, the other party may have recourse to the Security Council, which may decide upon measures to be taken to give effect to the judgment

  4. if any party to a case fails to perform its obligations under the judgment of the ICJ, the Security Council may decide upon measures to be taken to give effect to the judgment, on the recommendation of the General Assembly


Correct Option: C
Explanation:

(3) Articles 94 of the United Nations Charter provides that if any party to a case fails to perform its obligations under the judgment, the other party may have recourse to the Security Council, which may decide upon measures to be taken to give effect to the judgment.

Which of the following options is not correct?

  1. Customary rules of international law are diminishing and are being replaced by law making treaties and conventions.

  2. States do not deny the existence of international law. On the contrary, they interpret international law making so as to justify their conduct.

  3. A great limitation of international law is that it cannot intervene in the matters which are within the domestic jurisdiction of states.

  4. International law is positive morality of state having no force.


Correct Option: D
Explanation:

The statement presented in option (4) is incorrect.

Administrative tribunals are created by

  1. legislation

  2. common law

  3. administrative agencies

  4. precedents


Correct Option: A
Explanation:

(1) Administrative tribunals are specialised governmental agencies established under federal or provincial legislation to implement legislative policy.

Administrative law includes

  1. legislative acts of all levels of government

  2. rules, decisions and directives of public officials, agencies, boards and commissions

  3. clearly established laws that are enforceable through the courts

  4. Both (1) and (2)


Correct Option: D
Explanation:

(4) Administrative law includes legislative acts, rules, decisions and directives of public officials, agencies, boards and commissions.

Regulatory bodies are typically established

  1. to reduce the need for professional standards

  2. based on a perceived need by the government to protect the public

  3. to ensure that services meet certain standards

  4. Both (2) and (3)


Correct Option: D
Explanation:

(4) Regulatory bodies are typically established to ensure that services meet certain standards based on a perceived need by the government to protect the public.

Doctrine of proportionality is a concept relating to

  1. Administrative Law

  2. Law of Partition

  3. Workman Compensation Law

  4. Accident Claim Compensation Law


Correct Option: A
Explanation:

The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes. Doctrine of proportionality is a concept relating to Administrative Law. 

Alternative Disputes Redressal (ADR) is a concept in

  1. Evidence Act

  2. Civil Procedure Code

  3. Contract Act

  4. Motor Vehicles Act


Correct Option: B
Explanation:

Alternative Disputes Redressal (ADR) is a concept in Civil Procedure Code. Only in civil cases, ADR can be an effective machanism.

Section 114 of Evidence Act applies to

  1. admissibility of facts

  2. relevancy of facts

  3. relevancy of opinions

  4. legal presumptions


Correct Option: D
Explanation:

Under Section 114 of Evidence Act, the court may presume the existence of any fact which it thinks likely to have happened.

Opinion of experts is relevant under

  1. Section 45 of Evidence Act

  2. Section 46 of Evidence Act

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

Opinion of experts is relevant under Section 45 of Evidence Act.

Under the Arbitration and Conciliation Act, 1996, “court”

  1. does not include a High Court in exercise of its ordinary original civil jurisdiction

  2. includes the court of small causes

  3. includes any civil court at the district

  4. means the principal Civil Court of original jurisdiction in a district


Correct Option: D
Explanation:

(4) Under Arbitration and Conciliation Act, 1996, “court” means the principal Civil Court of original jurisdiction in a district.

Leading questions are generally asked in

  1. examination in chief

  2. re-examination

  3. cross examination

  4. All of the above


Correct Option: C
Explanation:

Section 143 of Indian Evidence Act states that leading questions are generally asked in cross examination.

An arbitral award

  1. must be in writing

  2. may be an oral decision

  3. either (1) or (2), depending upon the circumstances of the case

  4. must be in writing and made on a stamp paper of prescribed value


Correct Option: D
Explanation:

(4) An arbitral award must be in writing and made on a stamp paper of prescribed value.

The Indian Evidence Act applies to

  1. proceedings before tribunals

  2. affidavits presented to any court or officer

  3. proceedings before an arbitrator

  4. None of these


Correct Option: A
Explanation:

Section 1 of Indian Evidence Act expressly provides that the act is not applicable to affidavits presented to any court or proceedings before an arbitrator.

A is accused of B’s murder. Which of the following facts will be ‘relevant’?

  1. A’s going to field with a club.

  2. A’s saying shortly before the incident that he will take a revenge of his father’s death.

  3. A’s fleeing before the police arrived at village.

  4. All of the above


Correct Option: D
Explanation:

All of the above facts are relevant.

Who shall take the Test Identification Parade under Section 9 of Evidence Act?

  1. Magistrate

  2. Police officer not below the rank of sub-inspector

  3. Any person

  4. All of the above


Correct Option: D
Explanation:

Test Identification Parade can be taken by any person whom the court authorises by police officer not below the rank of sub-inspector and by the court itself.

A husband is obliged to maintain his divorced wife

  1. forever

  2. for 20 years

  3. till the children grow up

  4. till she gets remarried


Correct Option: D
Explanation:

A husband is obliged to maintain his divorced wife till she gets remarried.

The only woman member of the Constitution Review Committee is

  1. Mohini Giri

  2. Sumitra Kulkarni

  3. Subhashini Ali

  4. Vibha Parthasarathi


Correct Option: B
Explanation:

Sumitra Kulkarni is the only woman member of the Constitution Review Commitee.

Who among the following jurists said that "Law is a command of the sovereign"?

  1. Salmond

  2. Julius Stone

  3. Hans Kelson

  4. Austin


Correct Option: D
Explanation:

(4) Austin defined law as a command of the sovereign.

Who among the following has made distinction between distributive justice and corrective justice?

  1. Plato

  2. Aristotle

  3. John Stuart

  4. John Austin


Correct Option: B
Explanation:

(2) Aristotle has made distinction between distributive justice and corrective justice.

Who among the following jurists propounded volksgiest theory?

  1. Salmond

  2. Savigny

  3. Ihering

  4. Ehrlich


Correct Option: B
Explanation:

(2) Savigny propounded volksgiest theory.

Confessions made while in custody of police are

  1. irrelevant

  2. admissible

  3. inadmissible

  4. relevant


Correct Option: C
Explanation:

Under Section 26 of Indian Evidence Act, confession while in the custody of police officer is not admissible in evidence unless it is made in the immediate presence of Magistrate.

Which writ quashes the order of a lower court that has been without jurisdictions?

  1. Mandamus

  2. Quo Warranto

  3. Prohibition

  4. Certiorari

  5. Habeas Corpus


Correct Option: D
Explanation:

Certiorari quashes the order of a lower court that has been without jurisdictions.

A Chief Judicial Magistrate may pass a sentence of imprisonment for a term not exceeding

  1. three years or of fine not exceeding five thousand rupees or of both

  2. five years or of fine not exceeding ten thousand rupees or of both

  3. seven years or of fine which may extend to any amount or both

  4. seven years or of fine not exceeding one lakh rupees or of both


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision under the Code of Criminal Procedure. Option (2) is incorrect: No such provision under the Code of Criminal Procedure. Option (3) is correct: Section 29 of the Code of Criminal Procedure says that the court of a Chief Judicial Magistrate may pass any sentence authorised by law, except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. Option (4) is incorrect: No such provision under the Code of Criminal Procedure.

Which of the following is the most active committee of the cabinet?

  1. Committee on Economic Affairs

  2. Committee on Political Affairs

  3. Committee on Appointments

  4. Committee on Accommodation

  5. None of these


Correct Option: B
Explanation:

The most active committee of the cabinet is Committee on Political Affairs.

Which of the following is/are relevant and may be received in evidence?

  1. Tape recordings

  2. Dog-tracking

  3. Narco analysis test

  4. All of the above


Correct Option: D
Explanation:

All these evidences are relevant and admissible under Indian Evidence Act, 1872. 

The Constitution of India guarantees right against exploitation to

  1. children and women

  2. men and women

  3. children and old men

  4. factory workers only

  5. children, men and women


Correct Option: A
Explanation:

The Constitution of India guarantees right against exploitation to children and women.

In first information, if an offence is cognizable and another is non-cognizable, then the whole case shall be deemed

  1. cognizable

  2. non-cognizable

  3. It is to be seen whether it is a warrant case.

  4. It is to be seen whether it is a summons case.


Correct Option: A
Explanation:

Option (1) is correct: Under Section 155(4) of the Code of Criminal Procedure, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. Option (2) is incorrect: It is not considered as a non-cognizable case. Option (3) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a warrant case. It is always taken as a cognizable case. Option (4) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a summons case. It is always taken as a cognizable case.

When an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is

  1. 10 days

  2. 15 days

  3. 13 days

  4. 30 days


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision of ten days under the Code of Criminal Procedure. Option (2) is correct: As provided under Section 167(2), when an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is fifteen days. Option (3) is incorrect: No such provision of thirteen days under the Code of Criminal Procedure. Option (4) is incorrect: No such provision of thirty days under the Code of Criminal Procedure.

As soon as the judgement or final order disposing of a case is signed, the court may

  1. alter the sentence

  2. review the judgement

  3. correct a clerical error

  4. begin the retrial of the case


Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall alter when it has signed its judgement or final order disposing of a case. Option (2) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall review the same when it has signed its judgement or final order disposing of a case. Option (3) is correct: Under Section 362 of the Code of Criminal Procedure, no court, when it has signed its judgement or final order disposing of a case, shall alter or review the same, except to correct a clerical or arithmetical error and the retrial of the case. Option (4) is incorrect: No court may begin retrial of the case when it has signed its judgement or final order disposing of a case.

At any time before the judgement is pronounced, the prosecution of any person may be withdrawn with the consent of the court by

  1. on whose instance first information report was recorded

  2. the investigating officer of the case

  3. the Public Prosecutor or Assistant Public Prosecutor in charge of the case

  4. the person aggrieved by the offence


Correct Option: C
Explanation:

Option (1) is incorrect: No provision under the Code of Criminal Procedure. Option (2) is incorrect: Withdrawal is always by the Public Prosecutor or Assistant Public Prosecutor in charge of a case. Option (3) is correct: Under Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, at any time before the judgement is pronounced, withdraw from the prosecution of any person. Option (4) is incorrect: No provision under the Code of Criminal Procedure for the aggrieved persons to withdraw the case.

When an investigation is not completed within the prescribed period of 90 days or 60 days, as the case may be, and the accused is in custody on expiry of the said period; if he is prepared to and does furnish bail, the accused is entitled to be

  1. discharged

  2. acquitted

  3. released on bail by the investigating officer

  4. released on bail by the concerning magistrate


Correct Option: D
Explanation:

Option (1) is incorrect: Discharge is during trail procedure. Option (2) is incorrect: Acquittal is also during trial procedure. Option (3) is incorrect: When an investigation is not completed within the prescribed period, then bail can be granted only by the concerning magistrate. Option (4) is correct: Under Section 167(2) of the CrPc, when an investigation is not completed within the prescribed period of 90 days or 60 days, as the case may be, and the accused is in custody on expiry of the said period, the accused is entitled to be released on bail if he is prepared to and does furnish bail.

In every criminal trial, when the magistrate finds the accused guilty, he shall pass the sentence after hearing the accused. Choose the correct statement.

  1. Wrong, it is not required in summons case.

  2. Right, without hearing the accused, no sentence can be passed.

  3. It is required only before sending the conviction warrant.

  4. It is not required at all in any case.


Correct Option: B
Explanation:

Option (1) is incorrect: Acquittal or conviction is always on merits in all cases, i.e. after hearing the accused. Option (2) is correct: No conviction can be made without giving an opportunity to the accused or without hearing the accused.  Option (3) is incorrect: It is required always before the magistrate finds the accused guilty.  Option (4) is incorrect: It is a mandatory provision for the court.

Which of the following is not an essential condition for application of res judicata?

  1. Previous suit was finally heard and decided by the court of competent jurisdiction.

  2. Previous suit must be pending before a court.

  3. Parties in previous and the subsequent suit must be the same.

  4. Subject matter of previous and the subsequent suit must be the same.


Correct Option: B
Explanation:

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction. Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court. Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata. Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

What is the time limit in Section 468 of the CrPC for taking cognizance in a case of defamation?

  1. Six months

  2. One year

  3. Three years

  4. No time limit


Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, if the offence is punishable with fine only, is six months. Option (2) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is one year, if the offence is punishable with imprisonment for a term not exceeding one year. Option (3) is correct: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is three years, if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years. Defamation is an offence punishable with an imprisonment of two years or fine or both. Option (4) is incorrect: Limit is prescribed under Section 468(2) of the Code of Criminal Procedure, where the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years.

For appointment of a Special Public Prosecutor, how many years of experience is required as a practicing advocate?

  1. 7 years

  2. 10 years

  3. 15 years

  4. 5 years


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision of 7 years under the Code of Criminal Procedure. Option (2) is correct: Under Section 24 of the Code of Criminal Procedure, the Central Government or the State Government may appoint an advocate who has been in practice for not less than ten years as a Special Public Prosecutor. Option (3) is incorrect: No such provision of 15 years under the Code of Criminal Procedure. Option (4) is incorrect: No such provision of 5 years under the Code of Criminal Procedure.

Date appointed by any court for presenting list of witnesses by the parties to obtain summons to them for their attendance in court shall not be later than

  1. ten days

  2. fifteen days

  3. eighteen days

  4. thirty days

  5. fifteen days plus three days of grace


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Order XVI, Rule 1(1) of the Code of Civil Procedure, the parties shall present in court a list of witnesses whom they propose to call, not later than fifteen days after the date on which the issues are settled. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

What will be the effect of mistakes as to law in force in India on the agreement?

  1. Not voidable

  2. Voidable

  3. Void

  4. Not void


Correct Option: A
Explanation:

Option (1) is correct: Under Section 21 of the Indian Contract Act, 1872, a contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.

An agreement which is not enforceable legally is called

  1. voidable

  2. void

  3. illegal

  4. voidable contract

  5. valid but voidable at the option of one party


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is void from the beginning and can never become voidable. Option (2) is correct: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is said to be void. Option (3) is incorrect: An agreement not enforceable by law is not illegal. Option (4) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement when enforceable by law becomes contract.

In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing, which shall not be later than

  1. 45 days of summons

  2. 60 days of summons

  3. 90 days of summons

  4. 120 days of summons

  5. None of the above


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is correct: Order VIII, Rule 1 proviso states that where the defendant fails to file the written statement within thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons. Option (4) is incorrect: No such provision

During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party. Such question shall be determined by the

  1. court which passed the decree

  2. court executing the decree

  3. appellate court

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The court passing the decree cannot determine such question. Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree. Option (3) is incorrect: The appellate court cannot determine such question.

In relation to FIR, which of the following statements is not correct?

  1. It is not a substantive evidence.

  2. It merely marks the beginning of the investigation.

  3. It can be used as a previous statement for any purpose.

  4. The informant need not be an eye witness.


Correct Option: C
Explanation:

Option (1) is incorrect: FIR made under Section 154 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence. Option (2) is incorrect: FIR is an initial process to start an investigation of an offence. Option (3) is correct: An FIR is just to inform the police about an offence, but this information or statement by the informant cannot be used as evidence or previous statement for any purpose in further proceedings of a case.

Option (4) is incorrect: The informant need not be an eye witness of an offence. A person having a knowledge of an offence can inform the police.

In a suit which relates to a railway, the authority to be named as plaintiff or defendant shall be the

  1. General Manager of the railway

  2. Secretary to the Central Government

  3. Collector of the district

  4. Union of India

  5. Any of the above


Correct Option: A
Explanation:

Option (1) is correct: In case of a suit against the Central Government where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of the General Manager of that railway. Option (2) is incorrect: In case of a suit against the Central Government, except where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government. Option (3) is incorrect: In case of a suit against a State Government, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government or the Collector of the district. Option (4) is incorrect: No such provision

Which of the following shall be counted for computation of period of limitation?

  1. The day from which the period is to be counted

  2. Time taken by the advocate to prepare memorandum of appeal

  3. Time taken to obtain copy of judgement/order/award

  4. Time taken for obtaining leave to sue as an indigent person


Correct Option: C
Explanation:

Option (1) is incorrect: The day from which the period is to be counted shall not be counted for computation of period of limitation. Option (2) is incorrect: Time taken by the advocate to prepare memorandum of appeal shall not be counted for computation of period of limitation. Option (3) is correct: As per provisions of Section 12 of the Limitation Act, 1963, time taken to obtain copy of judgement/order/award shall be counted for computation of period of limitation. Option (4) is incorrect: Time taken for obtaining leave to sue as an indigent person shall not be counted for computation of period of limitation.

Which of the following ingredients is not necessary for contract?

  1. Proposal

  2. Acceptance

  3. Consideration

  4. Immovable property

  5. None of the above


Correct Option: D
Explanation:

Option (1) is incorrect: For a valid agreement, there must be a proposal from one person. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that either to such act or abstinence, he is said to make a proposal. Option (2) is incorrect: When the person to whom the proposal is made, gives his assent, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. An unaccepted proposal can never become a promise. Option (3) is incorrect: When, at the desire of the person who made the proposal, the person to whom the proposal is made or any other person promises to do or to abstain from doing something, such act or promise is called a consideration for the promise. Hence, every promise and every set of promises, forming the consideration for each other, is an agreement. Option (4) is correct: Immovable property is not required to make a valid agreement under the Indian Contract Act, 1872. Contract is not confined to immovable property.

The provisions of Section 5 of the Act (Extension of prescribed period) are not applicable to

  1. appeals

  2. revisions

  3. applications

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to appeals. Option (2) is correct: Starting words of Section 5 states that provisions of this section are applicable only to appeal or any application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Option (3) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to applications. Option (4) is incorrect: Option (2) is correct.

‘Spes successions’ means

  1. chances of succeeding to hereditary property

  2. chances of succeeding to property of another

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

As per Section 6 of act, it means to have chances of succeeding to hereditary property. It is not the property of another person. Thus option (1) is the correct answer.

‘A’ by a settlement deed transfers property to ‘P’ for life, then to ‘S’. ‘S’ dies before ‘P’ dies. On the death, ‘P’, the heir of ‘S,’ claims the property. Is the claim valid?

  1. Valid, since ‘S’ interest is heritable

  2. Invalid, since ‘S’'s interest is contingent

  3. Invalid, since settlement deed is vague

  4. None of these


Correct Option: B
Explanation:

The claim of S is contingent. Its validity depends upon the life of A. Thus (2) is correct option.

Which among the following is incorrect with respect to a contract of guarantee?

  1. A liability which is incurred independently of a ‘default’ is not within the scope of guarantee.

  2. The existence of a recoverable debt is necessary.

  3. A guarantee without consideration is not void.

  4. None of these


Correct Option: C
Explanation:

(3) In every contract there must be an offer containing a promise and every promise must have a consideration which is accepted or agreed upon.

A supplies B, a lunatic, with necessaries suitable to his condition in his life. Is A entitled for reimbursement from the property of B?

  1. No

  2. Yes, if the value of property is more than one lakh

  3. Yes

  4. Yes, if court thinks fit

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Yes, A is entitled for reimbursement from the property of B. Option (2) is incorrect: No such provision Option (3) is correct: Under Section 68 of the Indian Contract Act, 1872, if a person incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such an incapable person.

In special contracts, with respect to a contract of indemnity,

  1. the party to be indemnified shall never be called upon to pay

  2. all insurance contracts are contracts of indemnity

  3. the promise of indemnity may be express or implied

  4. None of these


Correct Option: B
Explanation:

(2) Fire and marine insurance contract, in general, are contracts of indemnity, that is, they provide for compensating the insured for loss or damage sustained. A contract of life insurance forms an exception to the general rule. A life insurance contract does not resemble a contract of indemnity because the insurer does not undertake to indemnify the assured for any loss on maturity or death of the assured but promises to pay sum assured in that event.

Under the Transfer of Property Act 1882, where writing is not expressly required by law,

  1. a transfer of property may be made without writing in every case

  2. a transfer of property is subject to only writing

  3. no provision of oral transfer is made

  4. None of these


Correct Option: A
Explanation:

The property may be transferred without writing in every case where writing is not expressly required by law. Thus (1) is correct. So, option (2) is incorrect which specifies only written transfers. Option (3) is incorrect as there are oral provisions of transfer.

Which section of the Specific Relief Act deals with 'contracts not specifically enforceable'?

  1. Section 9

  2. Section 14

  3. Section 11

  4. Section 10


Correct Option: B
Explanation:

Option (1) is incorrect: Section 9 of Specific Relief Act provides for defense respecting suits for relief based on contract. Option (2) is correct: Section 14 of Specific Relief Act deals with 'contracts not specifically enforceable'. Option (3) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (4) is incorrect: Section 10 of Specific Relief Act deals with cases in which specific performance of contract is enforceable.

As per Section 147 of the Negotiable Instruments Act 1881, every offence punishable under the act is

  1. compoundable

  2. non-compoundable

  3. cognizable

  4. Both (2) and (3)


Correct Option: A
Explanation:

(1) Section 147 of the Negotiable Instruments Act, 1881 deals with offences to be compoundable.

The punishment for mischief is

  1. imprisonment for a term up to three months or with fine or with both

  2. imprisonment for a term up to six months or with fine or with both

  3. imprisonment for a term up to one month or with fine or with both

  4. imprisonment for a term up to one year or with fine or with both


Correct Option: A
Explanation:

Option (1) is correct: Under Section 426 of the Indian Penal Code, whoever commits mischief shall be punished with imprisonment of either description for a term, which may extend up to three months, or with fine or with both.

Interpleader suit cannot be instituted

  1. for any property which relates to two persons, but which is being held by a third person for the time being

  2. for determining the relationship between a property and the persons claiming it

  3. for getting himself absolved from the liability to keep the property which is not being held by him

  4. where a suit is pending in which the rights of all parties can properly be decided


Correct Option: D
Explanation:

It is a suit where the plaintiff holds the property in which he has pecuniary interest. There are many defenders pleading against each other. Section 88 says that such a person can claim against all the claimants. It further says if any suit is pending in which rights of all parties can be properly decided, no such interpleader suit shall be instituted. Thus (4) is the correct option.

What is the offence, whose preparation whereof is also punishable?

  1. Theft

  2. Dacoity

  3. Murder

  4. Rape


Correct Option: B
Explanation:

Option (2) is correct: Section 399 of the IPC states that whoever makes any preparation for committing dacoity shall be punished.

What is/are the presumption(s) under Section 137 of the Negotiable Instruments Act 1881?

  1. A negotiable instrument drawn in a foreign country is genuine.

  2. The law of any foreign country regarding promissory notes, bills of exchange and cheque is same as that of India.

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

The presumption under section 137 of the Negotiable Instruments Act, 1881 is the law of any foreign  country regarding promissory notes, bills of exchange and cheque is same as that of India.

The provisions regarding 'specific performance of part of contract' are contained under the Specific Relief Act in

  1. Section 11

  2. Section 12

  3. Section 13

  4. Section 14


Correct Option: B
Explanation:

Option (1) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (2) is correct: Section 12 of Specific Relief Act deals with specific performance of part of contract. Option (3) is incorrect: Section 13 of Specific Relief Act deals with rights of purchaser or lessee against person with no title or imperfect title. Option (4) is incorrect: Section 14 of Specific Relief Act deals with contracts not specifically enforceable.

A pulled an ear ring away from a woman’s ear and thereby, tore and wounded her ear. A is guilty of

  1. extortion

  2. misappropriation

  3. mischief

  4. robbery


Correct Option: C
Explanation:

Option (1) is incorrect: Whoever intentionally puts any person in fear of any injury to that person and thereby, dishonestly induces the person so put in fear to deliver any property, commits extortion.

Option (2) is incorrect: Misappropriation is when a person dishonestly misappropriates or converts to his own use any movable property.

Option (3) is correct: Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. Option (4) is incorrect: Robbery is when a person commits the extortion by putting that person in fear of instant death, of instant hurt or of instant wrongful restraint to that person and by so putting in fear induces the person to deliver up the thing extorted.

 

Under pious obligation, a son is obliged to pay a debt contracted by his father

  1. before partition

  2. after partition 32

  3. either before or after partition

  4. for immoral purpose before partition


Correct Option: C
Explanation:

A son is obliged to pay a pious debt (religious debt) contracted by his father either before or after partition.

Where the death of, or bodily injury to, any person gives rise to a claim for compensation under the Motor Vehicles Act, 1998 and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may claim such compensation under

  1. the Motor Vehicles Act, 1988 only

  2. the Workmen’s Compensation Act, 1923 only

  3. Either (1) or (2)

  4. Both (1) and (2)


Correct Option: A
Explanation:

(1) The Motor Vehicles Act, 1939 was enacted to deal specifically with accidents arising out of the use of motor vehicles.

Which ingredient is not necessary for the offence punishable under Section 279 of the IPC (rash driving on public way)?

  1. Driving of vehicle

  2. On a public way

  3. Such driving must be so rash or negligent as to endanger human life

  4. Persons were on road

  5. None of these


Correct Option: D
Explanation:

Option (4) is correct: Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person, shall be liable to be punished.

Section 26 of the Specific Relief Act contains the provision regarding

  1. declaratory decrees

  2. mandatory injunction

  3. rectification of instruments

  4. rescission of contracts


Correct Option: C
Explanation:

Option (1) is incorrect: Chapter VI of the Specific Relief Act deals with declaratory decrees. Option (2) is incorrect: Provisions for mandatory injunctions are provided u/s 39. Option (3) is correct: Section 26 of Specific Relief Act provides when instruments may be rectified. Option (4) is incorrect: Provisions for rescission of contracts are provided u/s 27.

If the offence is punishable with fine only, then the imprisonment which the court imposes in default of payment of the fine shall be

  1. only simple

  2. only rigorous

  3. either simple or rigorous

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Section 67 of the Indian Penal Code, if the offence is punishable with fine only, then the imprisonment which the court imposes in default of payment of the fine shall be simple.

Section 73 of the IPC provides for the maximum limit of solitary confinement to be

  1. one year

  2. two years

  3. three months

  4. six months


Correct Option: C
Explanation:

Option (3) is correct: Section 73 of the IPC provides for the maximum limit of solitary confinement to be three months.

A prosecutes B for adultery with C, who is A s wife, B denies that C is A s wife. But, the court convicts B for adultery. Thereafter, C is prosecuted for bigamy for marrying B during A s lifetime. C says that she was never A s wife. The judgment against B is

  1. irrelevant against C

  2. relevant against B

  3. not relevant against B and C

  4. relevant against C


Correct Option: A
Explanation:

The judgment against B is irrelevant against C.

Persons are said to be joint tortfeasors when their separate shares in the commission of a tort are done in furtherance of a common

  1. intention

  2. interest

  3. design

  4. object


Correct Option: C
Explanation:

Option (3) is correct: Persons are said to be joint tortfeasors when their separate shares in the commission of a tort are done in furtherance of a common design.

In a tort of conspiracy, it is necessary to

  1. form an agreement

  2. cause damage

  3. do an illegal act

  4. do a legal act


Correct Option: B
Explanation:

Option (2) is correct: Damage is an essential element of liability in the tort of conspiracy for the tort.

Which of the following factors caused variation of minimum wages in India?

I. Prices of essential commodities II. Paying capacity III. Productivity IV. Differences in exchange rates

  1. I only

  2. IV only

  3. I, III and IV

  4. I, II, III and IV


Correct Option: D
Explanation:

(4) Prices of essential commodities, paying capacity, productivity and difference in exchange rates are the factors that caused variation of minimum wages in India.

Claim on the basis of 'No Fault Liability' can be made under

  1. law of torts

  2. Motor Vehicles Act

  3. contract between carrier and passenger

  4. motor vehicle taxation law

  5. law of torts or Motor Vehicles Act


Correct Option: B
Explanation:

(2) Claim on the basis of 'No Fault Liability' can be made under the Motor Vehicles Act.

The acronym CSR stands for

  1. Corporate Search and Rescue

  2. Corporate Social Responsibility

  3. Corporate Sensitive Reliability

  4. Corporate Social Reality

  5. None of these


Correct Option: B
Explanation:

(2) Corporate Social Responsibility

All those who are affected by or can affect the operations of an organisation are known as

  1. owners

  2. interested parties

  3. stakeholders

  4. stockholders

  5. shareholders


Correct Option: C
Explanation:

(3) All those who are affected by or can affect the operations of an organisation are known as stakeholders.

Articles of association is a concept of

  1. Partnership Act

  2. Negotiable Instruments Act

  3. Companies Act

  4. Indian Penal Code


Correct Option: C
Explanation:

Articles of association is a concept of the Companies Act. 

Annual general meeting of a company is to be held with a gap between two consecutive meetings of not

  1. more than twelve months

  2. more than twenty-four months

  3. more than fifteen months

  4. less than twenty-four months


Correct Option: C
Explanation:

The time lag between two successive annual general meetings of a company shall not exceed 15 months, which may further be extended by the Registrar by 3 months. 

In a partnership firm, the number of partners cannot go beyond 10 or 20 depending upon the nature of business. The provision regarding this maximum number of partners is mentioned in the

  1. Indian Partnership Act

  2. Indian Contract Act

  3. Indian Companies Act

  4. Banking Regulation Act


Correct Option: C
Explanation:

The provision regarding this maximum number of partners is mentioned in the Indian Companies Act.

The World Environmental Day is celebrated on

  1. December 1

  2. June 5

  3. November 14

  4. August 15

  5. March 8


Correct Option: B
Explanation:

(2) The World Environmental Day is celebrated on June 5.

The use of internet or other electronic means to stalk or harass an individual, a group of individuals or an organisation is called

  1. email bombing

  2. spamming

  3. cyberstalking

  4. phishing

  5. None of these


Correct Option: C
Explanation:

(3) The use of internet or other electronic means to stalk or harass an individual, a group of individuals or an organisation is called cyberstalking.

The provisions of environmental protection in the Constitution were made under

  1. Article 5A

  2. Article 21B

  3. Article 27B(h)

  4. Article 48A and Article 51A(g)

  5. None of these


Correct Option: D
Explanation:

(4) The Government of India, by the 42nd Amendment of the Constitution in 1976 made the express provision for the protection and promotion of the environment, by the introduction of Articles 48A and 51A(g), which form the part of Directive Principles of State Policy and the Fundamental Duties, respectively.

Section 66F of the IT Act deals with

  1. cyberstalking

  2. email bombing

  3. child pornography

  4. cyberterrorism


Correct Option: D
Explanation:

(4) Section 66F of the IT Act deals with cyberterrorism.

The provisions for environmental protection in the Constitution were made in

  1. 1976

  2. 1950

  3. 1982

  4. 1960

  5. 1972


Correct Option: A
Explanation:

(1) The Government of India, by the 42nd Amendment of the Constitution in 1976, made the express provision for the protection and promotion of the environment, by the introduction of Articles 48A and 51A(g), which form the part of Directive Principles of State Policy and the Fundamental Duties, respectively. 

Which of the following sections of the IT Act covers most of the common crimes arising out of 'Unauthorised Access'?

  1. Section 66

  2. Section 67

  3. Section 73

  4. Section 74


Correct Option: A
Explanation:

(1) Section 66 of the IT Act covers most of the common crimes arising out of 'Unauthorised Access'.

The Forest (Conservation) Act was enacted in the year

  1. 1986

  2. 1974

  3. 1980

  4. 1972


Correct Option: C
Explanation:

(3) The Forest (Conservation) Act was enacted in the year 1980.

The first of the major environmental protection acts to be promulgated in India was

  1. Water Act

  2. Wildlife Protection Act

  3. Environmental Act

  4. Noise Pollution Rule

  5. National Environment Tribunal Act


Correct Option: B
Explanation:

(2) The first of the major environmental protection acts to be promulgated in India was the Wildlife Protection Act.

A company is a government company only if

  1. all the shares of the company are held by the central or state government

  2. at least 25% of shares are held by the central or state government

  3. majority of shares are held by the central or state government or both

  4. majority of directors are appointed by the central or state government


Correct Option: C
Explanation:

A government company is any company in which not less than fifty-one percent of the paid-up share capital is held by the central government or by any state government or governments or partly by the central government and partly by one or more.

In which of the following areas is the central government exclusively competent to enact legislations?

  1. Trade unions; industrial and labour disputes

  2. Social security and social insurance; employment and unemployment

  3. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits

  4. Regulation of labour and safety in mines and oilfields


Correct Option: D
Explanation:

(4) The central government can enact laws or statutes on regulation of labour and safety in mines and oilfields.

The crime child pornography comes under

  1. Section 66F

  2. Section 67B

  3. Section 67A

  4. Section 66


Correct Option: B
Explanation:

(2) Section 67B of the IT act provides for child pornography.

A premises including precincts thereof is a ‘factory’ within the meaning of the Factories Act, 1948 wherein a manufacturing process is being carried on without the aid of power and where the number of workers working is

  1. 10 or more

  2. 20 or more

  3. 15 or more

  4. 50 or more


Correct Option: D
Explanation:

(4) A premises including precincts thereof is a ‘factory’ within the meaning of the Factories Act, 1948 wherein a manufacturing process is being carried on without the aid of power and where the number of workers working is 50 or more.

India's first case of cyberstalking was registered in

  1. Delhi

  2. Bangalore

  3. Chennai

  4. Mumbai

  5. None of these


Correct Option: A
Explanation:

(1) India's first case of cyberstalking was registered in Delhi.

Which of the following are the four duties of a lawyer?

  1. To the Society, to the Bar, to the Constitution, to the People

  2. To the Society, to the Republic, to the Church, to the Client

  3. To the Society, to the Courts, to the Bar, to the Client

  4. To the Society, to the Courts, to the IBP, to the Bar

  5. To the Society, to the Bar, to the IBP, to the Client


Correct Option: C
Explanation:

(3) Lawyers have duties towards the Society, the Courts, the Bar and the Client.

Who among the following lawyers are not prohibited from practicing law?

  1. Lawyers who were appointed as the Chairman and members of the Constitutional Commission

  2. Lawyers connected with the office of the Solicitor General

  3. Lawyers who are elected as Senators or Congressmen

  4. Lawyers who were appointed to the Judiciary


Correct Option: D
Explanation:

(4) Lawyers who were appointed to the Judiciary are not prohibited from practicing law.

Which of the following qualifications is not required to be possessed by applicants of the Bar Examinations?

  1. Natural born citizen

  2. Possession of good moral character

  3. Philippine residency

  4. Degree in Bachelor of Laws


Correct Option: C
Explanation:

(3) Philippine residency is not required to be possessed by the applicants of the Bar Examinations.

The power of the SC to regulate the practice of law includes all of the following, except

  1. prescribe the qualification of a candidate

  2. decide who will be admitted to practice

  3. discipline, suspend or disbar any member unfit and unworthy of bar

  4. exercise overall supervision of the legal profession including lawyers


Correct Option: D
Explanation:

(4) The power of the SC to regulate the practise of law does not include exercise overall supervision of the legal profession including lawyers.

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