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Bar Council Mock - 6

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Under Hindu Law, a mother sells her minor son’s immovable property in the absence of her son’s father. The minor son on attaining majority can challenge this transaction

  1. on the ground of not taking permission from the court

  2. as the transaction was not done by his father

  3. as no such transaction can be done for minor son

  4. but he will be unsuccessful because the transaction is valid


Correct Option: A
Explanation:

The minor son on attaining majority can challenge the sale on the ground of not taking permission from the court.

 

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

  1. before partition

  2. after partition

  3. either before or after partition

  4. for immoral purpose before partition

  5. All of the above


Correct Option: C
Explanation:

Under Section 7 of Hindu Succession Act, 1956, under pious obligation, a son is obliged to pay a debt contracted by his father.  

What is the main aim of ADR?

  1. To reduce the need for the parties to go to court at all

  2. To delay the process before the parties can go to court

  3. To speed up the process before the parties can go to court

  4. To guarantee a full court hearing

  5. All of the above


Correct Option: A
Explanation:

Alternative dispute resolution (ADR) is designed to help parties to resolve their differences without the need to go to court. Litigation should be the last resort for the parties, and only be used if all attempts at resolution have failed.

The maxim Res ipsa loquitur is a rule of

  1. evidence

  2. criminal law

  3. refusal of evidence

  4. vicarious liability


Correct Option: A
Explanation:

(1) The maxim Res ipsa loquitur is a rule of evidence.

In an arbitration between two parties before an arbitrator appointed by the chief justice of the high court (in exercise of powers under section 11 of the Arbitration and Conciliation Act, 1996), the rival parties have filed claims against each other. When the arbitration was at an advanced stage, the parties were of the opinion that the arbitration is likely to reject the claims/counter claims of both the parties. The parties jointly inform the arbitrator that they are not willing for arbitration before him and stop appearing before him. The parties thereafter

  1. are entitled to appoint another arbitrator and to start arbitration proceedings de novo

  2. are not entitled to a second round, the same being in contravention of public policy, prohibiting forum shopping

  3. are entiled to appoint another arbitrator but the discretion whether to commence the arbitration proceedings de novo or from the stage where left by the earlier arbitrator is of the arbitrator and not of the parties

  4. cannot themselves appoint the second arbitrator and are required to again approach the chief justice for appointement of another arbitrator


Correct Option: D
Explanation:

(4) The parties cannot themselves appoint the second arbitrator and are required to again approach the chief justice for appointement of another arbitrator.

Under Section 45 of the Indian Evidence Act, the opinion of an expert cannot be on the question of

  1. foreign Law

  2. science

  3. Indian law

  4. art


Correct Option: C
Explanation:

(3) Under Section 45 of the Indian Evidence Act, the opinion of an expert cannot be on the question of Indian law.

A lunatic who is not prevented by his lunacy from understanding the questions put to him is

  1. a competent witness

  2. not a competent witness

  3. not a competent witness if he has not attained the age of majority

  4. None of these


Correct Option: A
Explanation:

(1) A lunatic who is not prevented by his lunacy from understanding the questions put to him is a competent witness.

What is arbitration?

  1. Where cases are allocated to a particular track

  2. Where parties refer a dispute to a third party rather than going to court

  3. Where parties go to court

  4. Where parties agree which court to go to

  5. Either (1) or (2)


Correct Option: B
Explanation:

(2) Arbitration is a process where parties refer a dispute to a third party rather than going to court.

Which of the folllowing is correct about an accomplice?

  1. His evidence is irrelevant.

  2. He is not a competent witness.

  3. His evidence is relevant u/s 114 and 133 of the Evidence Act.

  4. None of these


Correct Option: C
Explanation:

(3) His evidence is relevant u/s 114 and 133 of the Evidence Act.

‘A’ has lent money to ‘B’ under a written agreement containing an arbitration clause. The agreement does not specify the time of repayment. Rather the money was repayable on demand by ‘A’. ‘A’, after five years of the date when the loan was made, demanded the money which was not repaid by ‘B’. The parties could not arrive at a consensus on the appointment of arbitrator also. ‘A’ filed an application under section 11 of the Arbitration and Conciliation Act, 1996 before the chief justice of the high court for appointment of an arbitrator. ‘B’ in response to the said application contends that the claim of ‘A’ is stale and barred by time and thus, arbitrator be not appointed. The chief justice

  1. is bound to appoint the arbitrator leaving the plea of limitation open for decision in arbitration award

  2. is bound of dismiss the application for appointment of arbitrator since the claim adjudication whereof is sought by arbitration is barred by time

  3. is required to make ‘B’ deposit the money in court and then appoint the arbitrator and refer the parties to arbitration

  4. is required to require ‘A’ to furnish security for actual costs of arbitration to be incurred by ‘B’ and then appoint the arbitrator and refer the parties to arbitration


Correct Option: A
Explanation:

(1) The chief justice is bound to appoint the arbitrator leaving the plea of limitation open for decision in arbitration award.

Res Ipsa loquitur means

  1. as you sow, you reap

  2. guilty shall be punished

  3. the thing speaks for itself

  4. the guilty speaks lies


Correct Option: C
Explanation:

(3) Res Ipsa loquitur means the thing speaks for itself.

Under Section 44 of the Indian Evidence Act, evidence of judgment, order or decree can be challenged on the ground of

  1. fraud only

  2. collusion only

  3. incompetence of the court only

  4. Any of the above


Correct Option: D
Explanation:

(4) Under Section 44 of the Indian Evidence Act, evidence of judgment, order or decree can be challenged on the ground of fraud or collusion or incompetence of the court.

In which of the following cases is an accomplice not a competent witness?

  1. Offences punishable with death.

  2. Offences punishable with hadd.

  3. Offences punishable with confiscation of property.

  4. None of these


Correct Option: B
Explanation:

(2) An accomplice is not a competent witness in offences punishable with hadd.

The Constitution of India borrowed the concept of Directive Principles of State Policy from the Constitution of

  1. Ireland

  2. the USA

  3. Netherlands

  4. Canada

  5. Finland


Correct Option: A
Explanation:

Option (1) is correct: The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of Ireland.

Option (2) is incorrect: Concept of Fundamental Rights has been borrowed from the Constitution of the USA. Option (3) is incorrect: Concept of Bicameral Parliament has been borrowed from the Constitution of the UK. Option (4) is incorrect: Concept of distribution of powers between the Centre and the States and placing residuary powers with the Centre was borrowed from the Constitution of Canada.

Hostile witness is the one who

  1. does not tell one who

  2. gives statements against the opposite party

  3. gives statement against the party who called him as a witness

  4. is not desirous to tell the truth and gives testimony against the party who called him as a witness in his favour


Correct Option: D
Explanation:

(4) Hostile witness is the one who is not desirous to tell the truth and gives testimony against the party who called him as a witness in his favour.

Who is the head of the ‘State Executive’?

  1. The State Legislature Assembly

  2. The State Cabinet

  3. The Chief Minister

  4. The Governor

  5. The Lieutenant Governor


Correct Option: D
Explanation:

Option (1) is incorrect: The State Legislature Assembly is not the head of the ‘State Executive’. Option (2) is incorrect: The State Cabinet is not the head of the ‘State Executive’. Option (3) is incorrect: The real executive power rests with the Chief Minister who heads the Council of Ministers. Option (4) is correct: In the states, the Governor, as the representative of the President, is the head of the ‘State Executive’. 

Which of the following directive principles is/are socialistic principle(s)?

  1. Equal pay for equal work to all

  2. Protection of the health of the workers

  3. Prevention of concentration of wealth and the means of production

  4. All 1,2 and 3

  5. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: Equal pay for equal work to all is a socialistic principle. Option (2) is incorrect: Protection of the health of the workers is a socialistic principle. Option (3) is incorrect: Prevention of concentration of wealth and the means of production is a socialistic principle. Option (4) is correct: All the three directive principles are socialistic principles.

Which Fundamental Right is available only to citizens?

  1. Right to equality

  2. Protection against arrest and detention

  3. Freedom of speech and expression

  4. Protection of life and personal liberty

  5. Protection of personal liberty


Correct Option: C
Explanation:

Option (1) is incorrect: Right to equality is available to all the persons “citizens or non-citizens”. Option (2) is incorrect: Protection against arrest and detention is available to all the persons “citizens or non-citizens”. Option (3) is correct: The Fundamental Right available only to citizens is "freedom of speech and expression". Option (4) is incorrect: Protection of life is available to all the persons “citizens or non-citizens”. Option (5) is incorrect: Protection personal liberty is available to all the persons “citizens or non-citizens”. 

The classification of Jurisprudence has been provided by

  1. Salmond

  2. Austin

  3. Bentham

  4. Keeton

  5. Kelson


Correct Option: C
Explanation:

(3) The classification of Jurisprudence has been provided by Bentham.

What is utilitarianism?

  1. A philosophical approach according to which laws are valid only if they benefit the greater good

  2. The idea that all individuals should benefit equally from law's usefulness

  3. The idea that collective good prevails over individual rights

  4. All of the above

  5. Both (1) and (2)


Correct Option: C
Explanation:

(3) Utilitarian thinkers do not argue that laws which do not benefit the greater good are invalid, but that a law is a good law only if it maximises the happiness or well-being of the greater number.

The Preamble to the Constitution secures to all citizens

  1. liberty of thought, expression and worship

  2. liberty of thought, expression, belief, faith and worship

  3. liberty of thought, expression, faith and worship

  4. liberty of thought, expression, belief and faith

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of faith, along with liberty of thought, expression and worship. Option (2) is correct: The Preamble to the Constitution secures to all citizens liberty of thought, expression, belief, faith and worship. Option (3) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of belief, along with liberty of thought, expression, faith and worship. Option (4) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of worship, along with liberty of thought, expression, belief and faith.

A declaration of forfeiture under section 95 of CrPC can be set aside by the

  1. magistrate issuing the search warrant

  2. chief judicial magistrate/chief metropolitan magistrate

  3. court of sessions

  4. high court


Correct Option: B
Explanation:

(2) Any magistrate can set aside a declaration of forfeiture under section 95 of CrPC.

Section 92 of CrPC lays down the procedure for the production of document(s) in the custody of

  1. postal or telegraph authority

  2. any person other than the accused

  3. an accused person

  4. All of the above


Correct Option: A
Explanation:

(1) Section 92 of CrPC lays down the procedure for production of document(s) in the custody of postal or telegraph authority.

Power under section 311 of CrPC can be exercised

  1. to re-call any witness(es) already examined

  2. to summon any witness who has been cited as a witness but not produced or examined before the evidence is closed

  3. to summon any witness who has no been cited as a witness

  4. All of the above


Correct Option: D
Explanation:

(4) Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

The investigating officer under section 160 of CrPC cannot require the attendance of a male, at a place other than the place of his residence, who is under the age of

  1. 15 years

  2. 16 years

  3. 18 years

  4. 21 years


Correct Option: A
Explanation:

(1) The investigating officer under section 160 of CrPC cannot require the attendance of a male, at a place other than the place of his residence, who is under the age of 15 years.

Withdrawal of a complaint under section 257 of CrPC results in

  1. acquittal of the accused in cases where charge has already been framed

  2. discharge of the accused in cases where the charge has not yet been framed

  3. acquittal of the accused irrespective of whether the charge has been framed or not

  4. Either (1) or (2)


Correct Option: A
Explanation:

(1) Withdrawal of a complaint under section 257 of CrPC results in acquittal of the accused in cases where charge has already been framed.

What is positivism?

  1. The approach to the study of law according to which only laws posited by their rightful creators are valid

  2. The approach to the study of law according to which all moral, social or legal norms are part of law

  3. The approach to the study of law according to which only laws democratically enacted are valid

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

(1) Positivism studies law in the sense of norms produced by the people who are entitled to create them, irrespective of the democratic nature of the law-making institutions.

When the police registers case regarding commission of cognizable offence, the registration of the case is under

  1. section 154 of CrPC

  2. section 155 of CrPC

  3. section 156 (3) of CrPC

  4. section 190 of CrPC


Correct Option: A
Explanation:

(1) The registration of the case regarding commission of cognizable offence is under section 154 of CrPC.

Section 164 of CrPC provides a special procedure for recording of

  1. confession

  2. statements made during the course of investigation

  3. confession as well as statements made during the course of investigation

  4. Either (1) or (2)


Correct Option: C
Explanation:

(3) Section 164 of CrPC provides a special procedure for recording of confession as well as statements made during the course of investigation.

A court may make order for the payment of compensatory cost from any party submitting false, claim or defence up to

  1. Rs. 5000

  2. Rs. 3000

  3. Rs. 1000

  4. any amount without limit


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under section 35A (2) of the CPC, no court shall make any such order for the payment of an amount exceeding Rs. 3000 or exceeding the limits of its pecuniary jurisdiction, whichever is less. Option (3) is incorrect: No such provision

Option (4) is incorrect: No such provision

An order of maintenance or interim allowance can be cancelled under the circumstances stated under

  1. section 125(5) or CrPC

  2. section 127(2) of CrPC

  3. section 127(3) of CrPC

  4. None of these


Correct Option: A
Explanation:

(1) An order of maintenance or interim allowance can be cancelled under the circumstances stated under section 125(5) of CrPC.

Where the defendant is confined in a prison, the summons shall be served by

  1. affixing outside the prison

  2. sending process server in the prison

  3. delivery of the summons to the officer in charge of the prison for service on the defendant

  4. production warrant through the court

  5. Any of above


Correct Option: C
Explanation:

Option (1) is incorrect: The summons shall not be served by affixing outside the prison. Option (2) is incorrect: The summons shall not be served by sending process server in the prison. Option (3) is correct: Under Order V, Rule 24 of the CPC, where the defendant is confined in a prison, the summons shall be delivered or sent by post or by courier service, by fax message or by electronic mail service to the officer in charge of the prison for service on the defendant. Option (4) is incorrect: The summons shall not be served by production warrant through the court.

Which of the following is/are not required in a gift?

  1. Donor and donee

  2. Consideration

  3. Movable or immovable property

  4. Transfer and acceptance

  5. None of above


Correct Option: B
Explanation:

As per section 122 of Transfer of Property Act, 1882, "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

If a party, who has obtained an order for leave to amend pleading, does not amend the same within ______ days, he shall not be permitted to do without leave of court.

  1. fifteen

  2. fourteen

  3. twenty

  4. thirty

  5. seven


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Order VI, Rule 18 of CPC, if a party, who has obtained an order for leave to amend, does not amend accordingly within the time limited for that purpose by the order or if no time is thereby limited, then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

The investigating police officer in a case has power to require attendance of a person acquainted with the facts and circumstances of the case under

  1. section 158 of CrPC

  2. section 159 of CrPC

  3. section 160 of CrPC

  4. section 161 of CrPC


Correct Option: C
Explanation:

(3) The investigating police officer in a case has power to require attendance of a person acquainted with the facts and circumstances of the case under section 160 of CrPC.

A magistrate records the confession of an accused or a statement of a witness during investigation, under

  1. section 164 of CrPC

  2. section 281 of CrPC

  3. section 162 of CrPC

  4. chapter XXIII of CrPC


Correct Option: A
Explanation:

(1) A magistrate records the confession of an accused or a statement of a witness during investigation, under section 164 of CrPC.

Will the pendency of a suit in a foreign court will preclude the courts in India from trying a suit founded on the same cause of action?

  1. Yes

  2. No

  3. Depends on the nature of the suit

  4. Finding will be said on valuation of the suit


Correct Option: B
Explanation:

Option (1) is incorrect: Does not preclude the courts in India from trying a suit founded on the same cause of action. Option (2) is correct: Explanation under section 10 states that the pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the same cause of action. Option (3) is incorrect: It doesn’t depend on the nature of suit. Option (4) is incorrect: No such provision

A gift comprising both existing and future property is

  1. void

  2. valid

  3. void as the existing property

  4. void as the future property

  5. valid as the future property


Correct Option: D
Explanation:

Transfer of Property Act, 1882, completely makes the transfer of future property void.

Agency by operation of law

  1. arises where it is necessary to act on behalf of another

  2. arises where it is impossible to obtain proper authority to perform necessary acts on behalf of a principal

  3. is limited to situations of emergency

  4. All of the above


Correct Option: D
Explanation:

(4) Agency by operation of law arises where it is necessary to act on behalf of another, where it is impossible to obtain proper authority to perform necessary acts on behalf of a principal and is limited to situations of emergency.

The farm of Sultanpur is the property of C and worth Rs. 80000. A, by an instrument of gift, professes to transfer it to B giving by the same instrument at Rs. 100000 to C. A dies before the election. B shall

  1. be entitled to get Rs. 20000 from C

  2. be entitled to get Rs. 80000 from A's representative

  3. not be entitled to get any amount from anyone

  4. None of these


Correct Option: B
Explanation:

As per section 3 of Transfer of Property Act, 1882, where a person professes to transfer property or where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee, the amount or value of the property attempted to be transferred to him.

Option (1) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000.

Option (2) is correct: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative. Option (3) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative.

What is the risk weightage for capital adequacy purpose, in case of credit card?

  1. 25%

  2. 50%

  3. 100%

  4. 125%


Correct Option: C
Explanation:

(4) The risk weightage for capital adequacy purpose, in case of credit card is 100%.

Which of the following transfers is valid?

  1. An unregistered usufructuary mortgage for Rs. 100

  2. An unregistered gift of immovable property of the value of Rs. 99

  3. An oral lease of immovable property from year to year

  4. An oral assignment of debts


Correct Option: A
Explanation:

The transfer is invalid. As per section 59 of Transfer of Property Act, 1882, where the principal money secured is one hundred rupees or more, a mortgage other than a mortgage by deposit of title deeds can be affected only by a registered instrument signed by the mortgagor.

 

A lets a house to B at a yearly rent of Rs. 500. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for 1906. Which of the following statements is correct?

  1. A can afterwards sue B for the rent due for 1905.

  2. A can afterwards sue B for the rent due for 1907.

  3. A can afterwards sue B for the rent due for both 1905 and 1907.

  4. A cannot sue B afterwards for the rent due for 1905 or 1907.


Correct Option: D
Explanation:

Option (1) is incorrect: A cannot sue B afterwards for the rent due for 1905. Option (2) is incorrect: A cannot sue B afterwards for the rent due for 1907. Option (3) is incorrect: A cannot sue B afterwards for the rent due for both 1905 and 1907. Option (4) is correct: Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

If NPA is purchased from Bank X by Bank Y, who wants to sell it to Bank Z, what is the time period for which the account should remain with bank Y?

  1. 6 months

  2. 12 months

  3. 15 months

  4. 18 months

  5. 2 years


Correct Option: D
Explanation:

(4) The time period for which the account should remain with bank Y is minimum 18 months.

Section 511 of the Indian Penal Code applies to offences punishable under

  1. the Indian Penal Code

  2. any special law

  3. any local law

  4. All of the above


Correct Option: A
Explanation:

Option (1) is correct: The starting words of section 511 clearly state that 'whoever attempts to commit an offence punishable by this Code'. So, section 511 applies to offences punishable under the IPC.

A and B agree to fence with each other for amusement. A, while playing fairly, hurts B. Which of the following is/are true in context of the given situation?

  1. A is liable for voluntarily causing hurt.

  2. A is liable for assault.

  3. A has committed no offence.

  4. A is liable to compensate B.

  5. Both (2) and (4)


Correct Option: C
Explanation:

Option (1) is incorrect: A has not caused voluntary hurt. Option (2) is incorrect: A is not liable to assault. Option (3) is correct: A has committed no offence. This agreement implies the consent of each to suffer any harm in course of fencing. Option (4) is incorrect: A is not liable to compensate B. 

Which of the following is not a movable property under Section 22 of the IPC?

  1. Soil

  2. Cheque

  3. Tree

  4. Fish in a tank


Correct Option: C
Explanation:

Option (1) is incorrect: Every type of corporeal property Option (2) is incorrect: Every type of corporeal property Option (3) is correct: The word 'movable property' does not include land and things attached to the earth or permanently fastened to anything which is attached to the earth. Option (4) is incorrect: Every type of corporeal property

In the Indian Penal Code, the offence of criminal breach of trust has been dealt under

  1. section 404

  2. section 405

  3. section 401

  4. section 402


Correct Option: B
Explanation:

Option (2) is correct: Section 405 of the Indian Penal Code talks about criminal breach of trust.

A is accused of rape. According to law, what defence is permissible to him?

  1. They love each other and want to marry.

  2. He lost his control under the circumstances.

  3. She consented to the act of sexual intercourse.

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: This defence is not admissible in the court of law. Option (2) is incorrect: This defence is not admissible in the court of law. Option (3) is correct: Consent is a defense taken into consideration under the act of rape.

Under section 376 of the IPC, a public servant committing rape on a woman in his custody shall be punishable with

  1. rigorous imprisonment up to 7 years

  2. rigorous imprisonment of at least 8 years

  3. rigorous imprisonment up to 10 years

  4. None of these


Correct Option: C
Explanation:

Option (3) is correct: Under section 376 of the IPC, a public servant committing rape on a woman in his custody shall be punished with rigorous imprisonment for a term which shall not be less than ten years.

Jurisdiction of district

  1. exceeds twenty lac

  2. exceeds 50 lac

  3. is up to twenty lac

  4. is twenty to fifty lac

  5. is up to twenty five lac


Correct Option: D
Explanation:

(4) Jurisdiction of district is twenty to fifty lac. 

If you are driving at a speed of 60 km per hour, in one second, your vehicle covers a distance of

  1. 30 m

  2. 16 m

  3. 42 m

  4. 20 m


Correct Option: B
Explanation:

(2) If you are driving at a speed of 60 km per hour, in one second, your vehicle covers a distance of 16 m.

Under Apprentices Act, 1961, an apprentice is entitled for casual leave for a maximum period of __________ days in a year.

  1. 12

  2. 10

  3. 15

  4. 45


Correct Option: A
Explanation:

(1) Under the Apprentices Act, 1961, an apprentice is entitled for casual leave for a maximum period of twelve days in a year.

Choose the correct statement(s).

  1. Every member of district forum shall hold office a term of 5 years or up to age 65 years.

  2. A member of district forum shall be eligible for reappointment for another term.

  3. Members of district forum may resign office in writing addressed to state government.

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Every member of district forum shall hold office for a term of 5 years or up to age 65 years. A member of district forum shall be eligible for reappointment for another term. Members of district forum may resign office in writing addressed to state government.  

A vehicle under temporary registration number plate

  1. may be used on road for thirty days

  2. may be used on road for sixty days

  3. may be used on road only after permanent registration

  4. Either (1) or (2)


Correct Option: A
Explanation:

(1) A vehicle under temporary registration number plate may be used on road for thirty days.

The Province of Quebec uses a source of law known as

  1. Statute Law

  2. Stare Decisis

  3. Common Law

  4. Civil Code


Correct Option: D
Explanation:

(4) The Province of Quebec uses a source of law known as the Civil Code.

Violation of the Child Labour (Prohibition and Regulation) Act, 1986 shall be punishable with imprisonment for a term not be less than

  1. one month

  2. three months

  3. six months

  4. one year

  5. three years


Correct Option: B
Explanation:

(2) Violation of the Child Labour (Prohibition and Regulation) Act, 1986 shall be punishable with imprisonment for a term not less than three months.

A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from the inside and come out. But, B forgets about the key and as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out. A is

  1. liable for false imprisonment because he acted unlawfully

  2. not liable for false imprisonment because B had a duplicate key by which he could have opened the door and come out

  3. liable for false imprisonment because B had forgotten that he had a duplicate key

  4. not liable because B’s forgetfulness was responsible for B remaining in the room

  5. Either 2 or 4


Correct Option: A
Explanation:

Option (1) is correct: A is liable as he may not know that B has a duplicate key in his possession.

Option (2) is incorrect: A is liable for his act.

Option (3) is incorrect: A is liable for his act. B’s forgetfulness can never be an attack to A. Option (4) is incorrect: A is liable for his act. B’s forgetfulness can never be an attack to A.

Power has been given to __________ to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.

  1. Appropriate Government

  2. State Government

  3. High Court

  4. Board of Conciliation

  5. None of these


Correct Option: A
Explanation:

(1) Power has been given to Appropriate Government to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.

The Industrial Dispute Act was first amended in the year

  1. 1929

  2. 1946

  3. 1947

  4. 1949


Correct Option: D
Explanation:

(4) The Industrial Dispute Act was first amended in the year 1949.

The human activity which causes maximum environmental pollution is

  1. urbanisation

  2. industrialisation

  3. agriculture

  4. mining

  5. All of the above


Correct Option: A
Explanation:

(1) The human activity which causes maximum environmental pollution is urbanisation.

Malicious prosecution is a tort against

  1. police excesses

  2. damaging the dignity of a person

  3. abuse of legal procedure

  4. violation of personal liberty

  5. All of the above


Correct Option: C
Explanation:

Option (1) is incorrect: It is not against the police excesses. Option (2) is incorrect: It is not against damaging the dignity of a person.

Option (3) is correct: Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. Option (4) is incorrect: It is not against the violation of personal liberty.

Statutes are

  1. cases decided by judges in Canada

  2. laws established by governing bodies in particular jurisdictions

  3. laws which determine the power of the federal and provincial governments

  4. laws which outline the rights of individuals in a province

  5. All of above


Correct Option: B
Explanation:

(2) Statutes are laws established by governing bodies in particular jurisdictions.

Before the Industrial Dispute Act was implemented in the year 1947, which act took care of the industrial disputes?

  1. Trade Disputes Act, 1929

  2. Royal Commission on Labour, 1934

  3. Labour Management Relations Act, 1947

  4. Arbitration Act, 1940

  5. None of these


Correct Option: A
Explanation:

(1) Before the Industrial Disputes Act was implemented in the year 1947, Trade Disputes Act, 1929 took care of the industrial disputes.

Special resolution should be passed by the majority of

  1. 2/5 members

  2. 6/10 members

  3. 3/4 members

  4. 2/4 members

  5. 2/3 members


Correct Option: C
Explanation:

Special resolution should be passed by ¾ members of a company.

The final stage in a bill becoming a law is

  1. royal assent

  2. third reading by the House of Commons or Provincial legislature

  3. proclamation by the government

  4. approval by the senate

  5. None of above


Correct Option: C
Explanation:

(3) The final stage in a bill becoming a law is proclamation by the government.

The Registrar to Pensions Appeal Tribunal was appointed as the presiding officer of Labour Court. The appointment is

  1. valid

  2. void

  3. void ab initio

  4. invalid

  5. None of these


Correct Option: A
Explanation:

(1) The appointment is valid under Industrial Dispute Act.

XYZ company holds 50% of voting securities of ABC company. XYZ is

  1. a subsidiary company

  2. a holding company

  3. an associated company

  4. All of the above


Correct Option: B
Explanation:

A company may become a holding company by acquiring 50% voting stock in another company to exercise control of its operations. Thus, XYZ is a holding company. 

The water quality monitoring established by CPCB is

  1. Global Environment Monitoring System (GEMS)

  2. Monitoring of Indian National Aquatic Resources System (MINARS)

  3. Yamuna Action Plan (YAP)

  4. All of the above


Correct Option: D
Explanation:

(4) The water quality monitoring established by CPCB is Yamuna Action Plan.

Audit risk for the environmental audit does not include

  1. challenge of the samples selected for verification

  2. challenge of the selected criteria on grounds of inapplicability or bias

  3. technical nature of the activities of the entity

  4. None of these


Correct Option: C
Explanation:

(3) Audit risk for the environmental audit does not include technical nature of the activities of the entity.

‘Adaptation’ and ‘Mitigation’ are associated with

  1. water pollution

  2. global warming

  3. sustainable forest management

  4. All of above

  5. None of these


Correct Option: B
Explanation:

(2) Adaptation’ and ‘Mitigation’ are associated with global warming.

While conducting the environmental audit, SAI should avoid

  1. using the findings and conclusions on their internal environmental controls to put the entities in a negative light

  2. doubts about the capability of the audit team in view of the technical nature of the audit

  3. doubts about the competence and independence of the external experts selected to support the audit

  4. None of these


Correct Option: A
Explanation:

(1) SAI should avoid using the findings and conclusions on their internal environmental controls to put the entities in a negative light.

Removal of Chief Executive is done by

  1. directors

  2. owners

  3. special resolution

  4. None of these


Correct Option: C
Explanation:

A company may remove the Chief Executive from his office. But, for this purpose, it has to pass special resolution.

The biggest legal issue with a Universal Resource Locator (URL) is the

  1. protocol required for access

  2. domain name

  3. economic value associated with the URL

  4. potential for another to copy


Correct Option: B
Explanation:

(2) The biggest legal issue with a Universal Resource Locator (URL) is the domain name.

The mantra ‘reduce, reuse and recycle’ is associated with

  1. effective waste management

  2. environment impact assessment

  3. air quality monitoring programme

  4. None of these


Correct Option: A
Explanation:

(1) The mantra ‘reduce, reuse and recycle’ is associated with effective waste management.

What is the name of the act that governs internet usage in India?

  1. The Internet Consumption Act, 1998

  2. The Information Technology Act, 2000

  3. The IT Gazette of India Act, 2004

  4. All of above

  5. None of these


Correct Option: B
Explanation:

(2) The Information Technology Act, 2000 governs internet usage in India.

Who is the head of the certifying authority?

  1. Controller of Certifying Authorities

  2. Commissioner of Certifying Authorities

  3. Subdivisional Officer of Certifying Authorities

  4. Divisional Officer of Certifying Authorities

  5. None of these


Correct Option: A
Explanation:

(1) Controller of Certifying Authorities

Who are organisational stakeholders?

  1. Customers

  2. Communities

  3. Providers of finance

  4. All of the above

  5. None of above


Correct Option: D
Explanation:

A person, group or organisation that has interest or concern in an organisation. Stakeholders can affect or be affected by the organisation's actions, objectives and policies. Customers, community and finance providers are organisational stakeholders. 

Who will be held liable if a company commits an offence under the IT Act, 2000?

  1. Every person who was in charge of and was responsible to the company

  2. No one. The compnay is not legally a person.

  3. The defaulting employee

  4. Directors of the company

  5. None of these


Correct Option: A
Explanation:

(1) Every person who was in charge of and was responsible to the company will be held liable if a company commits an offence under the IT Act, 2000.

What is the punishment for publication of information, which is obscene, in electronic form?

  1. Imprisonment for 10 years and also a fine which may extend to two lakh Rupees

  2. No punishment

  3. Only a fine which may extend to 25 lakh Rupees

  4. Imprisonment for 5 years


Correct Option: A
Explanation:

(1) Imprisonment for 10 years and also a fine which may extend to two lakh Rupees

Consider the following acts:

  1. Mass killings
  2. Forcible transfer of children of one group to another group
  3. Causing serious bodily harm to members of a group aimed at the destruction of the group
  4. Measures intended to prevent birth of children in a group aimed at the destruction of the group

Which of the above acts can be described as genocide?

  1. 1 and 2

  2. 2 and 3

  3. 1, 2 and 3

  4. 2, 3 and 4


Correct Option: D
Explanation:

Option (4) is correct.

In case of reparations for injuries suffered in the service of the United Nations, the International Court of Justice held that United Nations Organisation

  1. possesses a status equal to a sovereign state

  2. possesses international legal capacity to make an international claim against a sovereign state

  3. possesses the status of a super state

  4. has responsibility under International Law


Correct Option: B
Explanation:

(2) In case of reparations for injuries suffered in the service of the United Nations, the International Court of Justice held that United Nations Organisation possesses international legal capacity to make an international claim against a sovereign state.

Irrespective of its rudimentary character, International Law is

  1. more honoured in breach than in observance

  2. more honoured in observance than in breach

  3. no law at all

  4. a code of ethics

  5. None of these


Correct Option: B
Explanation:

(2) Irrespective of its rudimentary character, International Law is more honoured in observance than in breach.

Public companies start business only after getting certificate of

  1. incorporation

  2. commencement of business

  3. completion of one year of commencement of business

  4. All of above

  5. None of these


Correct Option: B
Explanation:

Public companies start business only after getting certificate of commencement of business.

‘Law of Nations or International Law is the name for the body of customary and treaty rules, which are considered legally binding by civilised states in their intercourse with each other.

This definition was given by

  1. Brierly

  2. Starke

  3. Oppenheim

  4. Hughes


Correct Option: C
Explanation:

(3) This definition was given by Oppenheim.

Rules of Court does not provide for which of the following requirements before one be admitted to the bar?

  1. Citizen of the Philippines

  2. Earned degree from a reputable law school

  3. At least 21 years of age

  4. A person of good moral

  5. Both (2) and (3)


Correct Option: B
Explanation:

(2) Earned degree from reputed law school is not a requirement.

________ is a temporary suspension of a lawyer from the practice of law pending imposition of discipline.

  1. Probation

  2. Interim suspension

  3. Disbarment

  4. Censure

  5. None of the above


Correct Option: B
Explanation:

 Interim suspension is a temporary suspension of a lawyer from the practice of law pending imposition of discipline.

Pacta sum Servanda means

  1. treaties have to be observed
  2. treaties are a source of International Law
  3. treaties are law-binding
  4. treaties have validity in International Law
  1. 1 alone

  2. 2 alone

  3. 3 and 4

  4. 1, 3 and 4


Correct Option: B
Explanation:

(2) Pacta sum Servanda means treaties are a source of International Law.

An experienced lawyer, usually a retired member of the judiciary, employed by a law firm as consultant is known as

  1. Pro se

  2. Titulo de abogado

  3. Of counsel

  4. Counsel de officio


Correct Option: C
Explanation:

(3) An experienced lawyer, usually a retired member the judiciary, employed by a law firm as consultant is known as Of Counsel.

_______ is a type of lien referring to a right to retain the funds, documents and papers against the client until the attorney’s fees is fully paid.

  1. Attorney lien

  2. Charging lien

  3. Retaining lien

  4. Client lien

  5. None of the above


Correct Option: A
Explanation:

(1) Attorney lien refers to the right to retain the funds, documents and papers against the client until the attorney’s fees is fully paid.

Which of the following statements is correct about ratification?

  1. It allows a principal to accept the acts of an agent after a contract has been negotiated for which the agent lacked authority.

  2. It occurs when the agent negotiates a contract on a principal's behalf.

  3. It allows the correction of an incorrect term of a contract.

  4. It means that the agent and not the principal is responsible for the contract.


Correct Option: A
Explanation:

(1) Ratification allows a principal to accept the acts of an agent after a contract has been negotiated for which the agent lacked authority.

A Guru (Spiritual Advisor) induced his Chela (his devotee) to gift him the whole of his property to secure benefit to his soul in the next world. The gift shall be

  1. void

  2. voidable

  3. valid

  4. immoral


Correct Option: B
Explanation:

Option (2) is correct as the contract is voidable. A void contract is the one which has become invalid due to certain reasons. A valid contract contains all the essential elements of a valid contract. An immoral contract is the one which is opposed to public policy.

A and B agree that A shall pay B Rs. 500 for which B shall afterwards deliver to A one quintal wheat or a smuggled pistol. Which of the following is correct?

  1. The whole agreement is void.

  2. The whole agreement is valid.

  3. The whole agreement is unlawful.

  4. The agreement to deliver wheat is valid, but the agreement is void as fpr the pistol.


Correct Option: D
Explanation:

Option (1) is incorrect as a part of the contract is valid. Option (2) is incorrect as a part of contract is void.  Option (3) is incorrect as the whole contract is not unlawful. Option (4) is correct answer: The agreement to deliver wheat is valid, but the agreement is void as for the pistol. 

Which of the following essentials of a contract does not find place in the Indian Contract Act, 1872?

  1. Competency of parties

  2. Real consideration

  3. Intention of contract

  4. Lawful object


Correct Option: C
Explanation:

Option (3) is correct as the intention of contract is not mentioned in contract act. Section 11 is concerned with competency of parties. As per contract act, the consideration should be real, not illusory. The object should be lawful.

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).

Assertion (A): ‘A’ supplies necessary necessities to ‘B’, a minor. ‘A’ can recover the payment from the estate to ‘B’. Reason (R): An agreement with a minor is void ab initio.

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

  2. Both (A) and (R) are 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:

Option (2) is correct. The payment for necessities supplied to a minor can be recovered from his estate. The agreement with or by a minor is void ab initio. Thus, both Assertion and Reason are correct. However, it is not the correct explanation.

Section 8 of the Specific Relief Act can be invoked

  1. against a person who has possession or control over a property

  2. against a person who is the owner of the article claimed

  3. by the person not entitled to the possession of an article

  4. in respect of an ordinary article


Correct Option: A
Explanation:

Option (1) is correct: The starting words of Section 8 state ”Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.” Option (2) is correct: Section 8 cannot be invoked against the person who is the owner of the article. Option (3) is correct: Section 8 cannot be invoked by the person not entitled to the possession of the article. Option (4) is correct: Section 8 can be invoked in respect of any article.

Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property

  1. after six months from the date of dispossession

  2. after nine months from the date of dispossession

  3. after twelve months from the date of dispossession

  4. after twenty-four months from the date of dispossession


Correct Option: A
Explanation:

Option (1) is correct: Under Section 6(2) (a) of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property after six months from the date of dispossession. Option (2) is incorrect: No such provision Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

The general rule is that “the law of limitation only bars the remedy but does not extinguish the right itself”. The exception to this rule is contained in

  1. Section 31 of the Limitation Act, 1963

  2. Section 27 of the Limitation Act, 1963

  3. Section 26 of the Limitation Act, 1963

  4. Section 25 of the Limitation Act, 1963


Correct Option: B
Explanation:

Option (1) is incorrect: Section 31 provides provision as to barred or pending suits, etc. Option (2) is correct: Section 27 of the Limitation Act, 1963 creates an exception to aforesaid principle. Option (3) is incorrect: Section 26 deals with exclusion in favour of reversionary of servant tenement. Option (4) is incorrect: Section 25 deals with acquisition of easement by prescription.

A suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of

  1. 30 years

  2. 12 years

  3. 6 years

  4. 3 years


Correct Option: B
Explanation:

Option (2) is correct: Under Limitation Act, 1963, a suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of 12 years. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

If a suit is based on multiple causes of action, the period of limitation will begin to run from

  1. the date when the right to sue first accrues

  2. the date when any successive violation of right accrues

  3. the date when the right to sue last accrues

  4. the day the violation of the right comes to the knowledge of the party


Correct Option: D
Explanation:

Option (1) is incorrect: The period of limitation will begin to run from the date when the right to sue first accrues. Option (2) is incorrect: The period of limitation will begin to run from the date when any successive violation of right accrues. Option (3) is incorrect: The period of limitation will begin to run from the date when the right to sue last accrues. Option (4) is correct: If a suit is based on multiple causes of action, the period of limitation will begin to run from the day the violation of the right comes to the knowledge of the party.

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