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Bar Council Mock - 5

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Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a

  1. presumption of fact

  2. presumption of fact and law

  3. rebuttable presumption of law

  4. irrebuttable presumption law


Correct Option: C
Explanation:

Option (1) is incorrect: It is not a presumption of fact.

Option (2) is incorrect: It is only a rebuttable presumption of law.

Option (3) is correct: The court shall presume, until the contrary is proved, that the younger survived the elder. Option (4) is incorrect: It is rebuttable presumption of law.

Which one of the following sections of the Hindu Marriage Act, 1955 deals with "Restitution of Conjugal Rights"?

  1. Section 5

  2. Section 9

  3. Section 10

  4. Section 11


Correct Option: B
Explanation:

Option (1) is incorrect: Section 5 of Hindu Marriage Act, 1955 deals with conditions for a Hindu marriage.

Option (2) is correct: Section 9 of Hindu Marriage Act, 1955 deals with 'Restitution of Conjugal Rights'.

Option (3) is incorrect: Section 10 of Hindu Marriage Act, 1955 deals with “Judicial Separation”. Option (4) is incorrect: Section 11 of Hindu Marriage Act, 1955 deals with void marriages.

 

The arbitration awards rendered in arbitration proceedings commenced before the coming into force of the arbitration & Conciliation act, 1996

  1. are to be callenged as per the provisions of the arbitration act, 1940 act only

  2. are to be challenged as per the provisions of the 1996 act

  3. are to be challenged as per the provisions of the arbitraion act, 1940 only unless otherwise agreed by the parties.

  4. cannot be challenged since the 1940 act stands repealed on coming into force of the 1996 act


Correct Option: D
Explanation:

(4) Cannot be challenged since the 1940 act stands repealed on coming into force of the 1996 act

An arbitration award under the arbitration and conciliation act, 1996

  1. has the status of a decree immediately on publication/pronouncement thereof

  2. does not have the statue of a decree

  3. has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused

  4. has the status of a decree only after time of three months and a further period of 30 days for making an application to set aside the same has expired or such application having been made has been refused


Correct Option: C
Explanation:

(3) An arbitration award under the arbitration and conciliation act, 1996 has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused.

A civil court before which an action is brought in a matter which is subject matter of arbitration, while referring the parties to arbitration on application of any party, is under the arbitration & conciliation act, 1996 required to

  1. dispose of the suit in terms of said reference

  2. dismiss the suit

  3. decree the suit

  4. stay further proceedings in the suit and adjoum the suit sine die


Correct Option: A
Explanation:

(1) A civil court before which an action is brought in a matter which is subject matter of arbitration, while referring the parties to arbitration on application of any party, is under the arbitration & conciliation act, 1996 required to dispose of the suit in terms of said reference.

An application under Section 11 of the arbitration & conciliation act, 1996 can be filled

  1. only in the High court

  2. in the court of appropriate pecuniary juisdiction dependent upon the subject matter of the dispute, i.e. either before the civil judge or the district judge or the high court

  3. in the court of appropriate pecuniary jurisdiction dependent upon the subject matter of the dispute, i.e. either before the civil judge or the district judge or the high court only if the chief justice has delegated his powers under section 11 to the civil judges and the district judges

  4. either in the supreme court or in the high court


Correct Option: B
Explanation:

(2) An application under Section 11 of the arbitration & conciliation act, 1996 can be filed in the court of appropriate pecuniary juisdiction dependent upon the subject matter of the dispute i.e. either before the civil judge or the district judge or the high court.

Which of the following is not an exception to the rule against hearsay?

  1. Admission

  2. Entries in public records

  3. Statements contained in public documents

  4. None of these


Correct Option: D
Explanation:

(4) Nothing is an exception to hearsay evidence.

What is correct in reference to dying declaration?

  1. It is a weaker kind of evidence.

  2. It cannot form basis of conviction without corrobation.

  3. It stands on the same footing as other types of evidence.

  4. It is by verbal statement only.


Correct Option: B
Explanation:

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction.  

Section 108 of the Indian Evidence Act provides presumption for

  1. life

  2. marriage

  3. death

  4. legitimacy


Correct Option: C
Explanation:

(3) Section 108 of the Indian Evidence Act provides presumption for death, i.e. 'Burden of proving that person is alive who has not been heard of for seven years.'

A dumb witness who gives his evidence by writing in open court is

  1. not admissible as evidence

  2. oral evidence

  3. documentary

  4. None of these


Correct Option: B
Explanation:

(2) A dumb witness who gives his evidence by writing in open court is termed oral evidence.

Section 13 of Indian Evidence Act applies to

  1. public and private rights

  2. public rights only

  3. private rights only

  4. None of these


Correct Option: A
Explanation:

(1) Section 13 of Indian Evidence Act applies to both public and private rights.

By which ‘Amendment’ section 113(A) was inserted in Indian Evidence Act?

  1. Dowry Prohibition (Amendment) Act, 1986

  2. The Information Technology (Amendment) Act, 2000

  3. Criminal Law (Amendment) Act, 1986

  4. Criminal Law (Amendment) Act, 1983


Correct Option: D
Explanation:

(4) This section was introduced by the Criminal Law (Second Amendment) Act 46 of 1983.

Rights under Article 19 of the Constitution are available to

  1. citizens and non-citizens

  2. natural persons as well as artificial persons

  3. citizens only

  4. all persons who have juristic personality


Correct Option: C
Explanation:

Option (1) is incorrect: Available to citizens, not to non-citizens Option (2) is incorrect: No such specific provision for Article 19 Option (3) is correct: Rights under Article 19 of the Constitution are available to citizens only. Option (4) is incorrect: No such specific provision for Article 19

In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of

  1. section 68 of Indian Evidence Act

  2. section 73 of Indian Evidence Act

  3. section 79 of Indian Evidence Act

  4. section 88 of Indian Evidence Act


Correct Option: B
Explanation:

(2) In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of section 73 of Indian Evidence Act.

What is jurisprudence?

  1. The study of legal decisions

  2. All intellectual enquiries about law

  3. The study of what law is

  4. All of the above


Correct Option: B
Explanation:

(2) Jurisprudence includes the value of the law and is not only how the law works or what the law is.

Which Article lays down that the laws declared by the Supreme Court would be binding on all Courts in India?

  1. Article 131

  2. Article 141

  3. Article 143

  4. Article 142


Correct Option: B
Explanation:

Option (1) is incorrect: Article 131 of Constitution of India deals with Original jurisdiction of the Supreme Court of India. Option (2) is correct: Under Article 141 of the Constitution of India “the law declared by the Supreme Court shall be binding on all the Courts within the territory of India.”  Option (3) is incorrect: Article 143 of the Constitution confers Advisory Jurisdiction to the Supreme Court of India. Option (4) is incorrect: Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 is related to

  1. identification parades

  2. dying declaration

  3. documentary evidence

  4. burden of proof


Correct Option: A
Explanation:

(1) The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 is related to identification parades.

There is no provision in the Constitution for the impeachment of

  1. the Chief Justice of a High Court

  2. the Chief Justice of India

  3. the Governor

  4. the Vice President


Correct Option: C
Explanation:

Option (1) is incorrect: There is a specific provision in the Constitution for the impeachment of the Chief Justice of a High Court. Option (2) is incorrect: There is a specific provision in the Constitution for the impeachment of the Chief Justice of India. Option (3) is correct: There is no provision in the Constitution for the impeachment of the Governor. Option (4) is incorrect: There is a specific provision in the Constitution for the impeachment of the Vice President.

Any dispute relating to the possession of immovable property under Code of Criminal Procedure 1973, is decided by the

  1. Judicial Magistrate

  2. High Court Judge

  3. Session Judge

  4. Executive Magistrate


Correct Option: D
Explanation:

(4) Under section 145 of the Code of Criminal Procedure, 1973, any dispute relating to the possession of immovable property is decided by the Executive Magistrate.

An accused person may be a competent witness in his own defence under the Code of Criminal Procedure 1973, in

  1. Section 312

  2. Section 313

  3. Section 315

  4. Section 316


Correct Option: C
Explanation:

(3) Under section 315, any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. 

Which of the following grounds is not mentioned in Articles 15 on which the State cannot discriminate?

  1. Race

  2. Caste

  3. Residence

  4. Place of Birth

  5. Religion


Correct Option: C
Explanation:

Option (1) is incorrect: Race is a ground in both Article 15 and Article 16 on which the State can discriminate. Option (2) is incorrect: Article 15 and Article 16 states prohibition of discrimination on grounds of caste. Option (3) is correct: Article 15 and Article 16 do not state prohibition of discrimination on grounds of residence. Option (4) is incorrect: Article 15 and Article 16 states prohibition of discrimination on grounds of place of birth.

Statements under section 161 of the Code of Criminal Procedure 1973 are recorded by the police

  1. during trial

  2. before investigation

  3. during investigation

  4. during inquiry


Correct Option: C
Explanation:

(3) Statements under section 161 of the Code of Criminal Procedure, 1973 are recorded by the police during investigation by the police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf.

Under section 190 of the Code of Criminal Procedure 1973, cognizance of offence is taken by the

  1. Judicial Magistrate

  2. Session Judge

  3. High Court

  4. District Magistrate


Correct Option: A
Explanation:

(1) Under section 190 of the Code of Criminal Procedure, 1973, any Magistrate of the first class, and any Magistrate of the second class specially empowered, may take cognizance of any offence.

The Constitution of India is

  1. highly federal

  2. neither federal nor unitary

  3. highly unitary

  4. partly federal and partly unitary


Correct Option: D
Explanation:

Option (1) is incorrect: The constitution of India is not highly federal. Option (2) is incorrect: The constitution of India is partly federal and partly unitary. Option (3) is incorrect: The constitution of India is not highly unitary. Option (4) is correct: In a federal set up, there is a two tier Government with well assigned powers and functions. A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature.

Under which section of the Code of Criminal Procedure 1973, a District Magistrate or Sub-Divisional Magistrate may prevent environmental pollution?

  1. Under section 151

  2. Under section 133

  3. Under section 145

  4. Under section 107


Correct Option: B
Explanation:

(2) Under section 133 of the Code of Criminal Procedure, 1973, a District Magistrate or Sub-divisional Magistrate may prevent environmental pollution.

Treatment of the victim has been incorporated under Code of Criminal Procedure 1973 by Criminal Law (Amendment) Act, 2013, under

  1. Section 198 B

  2. Section 357 B

  3. Section 357 C

  4. None of these


Correct Option: C
Explanation:

Section 357 C of the Code of Criminal Procedure states the provision that all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person shall immediately provide the first-aid or medical treatment free of cost to the victims of any offence covered under section 326 A, 376, 376 A, 376 B, 376 C, 376 D or 376 E of the Indian Penal Code. 

What is analytical jurisprudence?

  1. The critical analysis of legal decisions

  2. A sociological method to analyse legal systems

  3. The study of what the law is

  4. All of the above


Correct Option: C
Explanation:

(3) Analytical jurisprudence is dedicated to establishing what the law is.

A person can be summoned as a witness under section 160 of the Code of Criminal Procedure 1973, by

  1. any police officer

  2. the station police officer

  3. the police officer investigating the case

  4. None of these


Correct Option: A
Explanation:

(1) Under section 160 of the Code of Criminal Procedure, 1973, any police officer may, by order in writing, require the attendance before himself of any person who appears to be acquainted with the facts and circumstances of the case.

Under Code of Criminal Procedure 1973, charges may be added or altered under

  1. Section 211

  2. Section 212

  3. Section 215

  4. Section 216


Correct Option: D
Explanation:

(4) Section 216 of the Code of Criminal Procedure, 1973 states that any Court may alter or add to any charge at any time before judgment is pronounced.

What is natural law?

  1. The law of natural pheonmena

  2. The idea that law is based on certain immutable principles intrinsic to human beings

  3. The idea that law is natural

  4. None of these


Correct Option: B
Explanation:

(2) The philosophy of natural law does not see law as an emanation of nature, but as a social necessity which reflects universal principles grounded on the nature of human beings.

During trial, statements of an accused person are recorded by the court under Code of Criminal Procedure 1973, under:-

  1. Section 311

  2. Section 312

  3. Section 313

  4. Section 314


Correct Option: C
Explanation:

(3) Under section 313, statements of an accused person are recorded by the court during trial under the Code of Criminal Procedure, 1973.

Investigation and inquiry as per the Code of Criminal Procedure, 1973

  1. are same

  2. are different

  3. depend upon the circumstances

  4. None of these


Correct Option: B
Explanation:

(2) Investigation is done by a police officer and inquiry is done by the court or by an officer authorised by the court.

If sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than

  1. once

  2. twice

  3. three times

  4. four times

  5. None of above


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is correct: Under Order XVII, Rule 1(1) of the Code of Civil procedure, if sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than three times. Option (4) is incorrect: No such provision

Where in a suit the defendant is absent from his residence and there is no likehood of his being found at the residence within a reasonable time, service of the summons may be made on

  1. servant

  2. minor son

  3. adult daughter

  4. munim

  5. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Under Order V, Rule 15 of the CPC, a servant is not a member of his family within the meaning of this rule. Option (2) is incorrect: Summons cannot be served on minor members of the family.  Option (3) is incorrect: If the munim would not be present, then summons can be served on the adult daughter. Option (4) is correct: Where in a suit, the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on any adult member of the family, whether male or female, whoever is residing with him.

Proceeding in a suit, relating to minor, shall not be stayed on

  1. retirement of the next friend of a minor

  2. attaining the majority by the minor

  3. removal of the next friend of a minor

  4. death of the next friend of a minor


Correct Option: B
Explanation:

Option (1) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed. Option (2) is correct: Under Order XXXII, Rule 10 of the CPC, on the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place. Option (3) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed. Option (4) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.

A lease of immoveable property from year to year is terminable on the part of either lessor or lessee, by

  1. one month

  2. six months

  3. three months

  4. sixty days notice expiring with the end of a year of the tenancy.


Correct Option: B
Explanation:

As per section 106 of Transfer of Property Act, 1882, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy.

A court may not issue a commission to

  1. examine any person

  2. examine accounts

  3. perform any ministerial act

  4. arrest a person


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine any person. Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine and adjust accounts. Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to perform any ministerial or clerical act. Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commission to arrest a person. 

Agency by conduct arises

  1. when a person knowingly permits another to act on his or her behalf

  2. when a contract is entered to allow the agent to act in a certain manner

  3. when a contract is negotiated with a third party

  4. when a principal makes it clear that an agent does not have authority to act on their behalf


Correct Option: A
Explanation:

(1) Agency by conduct arises when a person knowingly permits another to act on his or her behalf.

An agent may be liable to a third party when

  1. there is a contract permitting the agent to act on the principal's behalf

  2. the agent exceeds his or her authority

  3. he is acting under the terms of a valid agency agreement

  4. agents will never be liable to third parties


Correct Option: B
Explanation:

(2) An agent may be liable to a third party when he exceeds his or her authority.

Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within

  1. India

  2. the local limits of that state in which the court is situated

  3. the local limits of that district in which the court is situated

  4. certain limits from the place where the court is situated


Correct Option: D
Explanation:

Option (1) is incorrect: Within certain limits from the place where the court is situated Option (2) is incorrect: Within certain limits from the place where the court is situated Option (3) is incorrect: Within certain limits from the place where the court is situated Option (4) is correct: Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within certain limits from the place where the court is situated.

Which of the following cannot be transferred?

  1. Spec succession

  2. A right to sue

  3. A right of re-entry to the owner for breach of a condition subsequent

  4. A right to future maintenance


Correct Option: C
Explanation:

A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.

How many types of mortgages are there in Section 58 of Transfer of Property Act?

  1. Four

  2. Five

  3. Six

  4. Seven


Correct Option: C
Explanation:

Options (1), (2) and (4) are incorrect. Option (3) is correct: Under Section 58 of Transfer of Property Act, 1882, six types of mortgages are defined.

Which of the following statements is not correct, in context of Transfer of Property Act?

  1. It is the act by which a living person conveys property.

  2. He conveys property in present or in future.

  3. He conveys property to one or more other living persons.

  4. He cannot transfer property to himself and one or more other living persons.


Correct Option: D
Explanation:

Options (1), (2) and (3) are incorrect: As per Section 5 of "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act. Hence Option (4) is correct: Transfer of property can be made to himself and one or more other living person.

A bank can purchase NPA from another bank, if in the books of selling bank, the account was NPA for

  1. 2 years

  2. 3 years

  3. 4 years

  4. 5 years


Correct Option: A
Explanation:

(1) If in the books of selling bank, the account was NPA for two years.

A makes an attempt to pick the pocket of B by thrusting his hand into B's pocket. A is guilty of

  1. no offence

  2. theft

  3. attempt of theft

  4. using criminal force


Correct Option: C
Explanation:

Option (2) is incorrect: Theft is dishonestly taking property from the possession of other person without the consent. In the above case, A has not taken any property by his act. Hence, it is not theft. Option (3) is correct: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence. Option (4) is incorrect: No criminal force has been used in the above case.

A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign and affix his seal on a blank paper and deliver it to A. Z signs and deliver the paper to A. A is guilty of

  1. forgery

  2. robbery

  3. extortion

  4. cheating

  5. cheating by personation


Correct Option: C
Explanation:

Option (1) is incorrect: Forgery is when a person makes any false documents or part of a document with intent to cause damage or injury to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed. Option (2) 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. Option (3) is correct: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits 'extortion'. Option (4) is incorrect: Cheating is when a person by deceiving any person induces the person so deceived to deliver any property to any person, or is likely to cause damage or harm to that person in body, mind, reputation or property.

Under Section 498A, cruelty means mental and physical torture.

  1. Right

  2. Wrong

  3. Only demand of dowry is included

  4. Only physical torture is included


Correct Option: A
Explanation:

Option (1) is correct: Cruelty under Section 498A means (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman (b) harassment of the woman to coercing her to meet any unlawful demand for any property. Option (3) is incorrect: It includes mental and physical torture and demand of dowry. Option (4) is incorrect: It includes mental and physical torture and demand of dowry.

In how many years can a sentence of imprisonment for life be commuted by the government?

  1. 20 years

  2. 18 years

  3. 14 years

  4. 12 years

  5. 10 years


Correct Option: C
Explanation:

Option (3) is correct: Under Section 55 of the Indian Penal Code, in every case in which sentence of imprisonment for life shall have been passed, the appropriate government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

A finds the key to Y's house door, which Y had lost, and commits house-trespass by entering Y's house having opened the door with that key. What offence has A committed?

  1. Lurking house-trespass

  2. Criminal misappropriation

  3. Attempt to commit theft

  4. House-breaking


Correct Option: D
Explanation:

Option (1) is incorrect: Lurking house-trespass is whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel. Option (2) is incorrect: Criminal misappropriation is whoever dishonestly misappropriates or converts to his own use any movable property. Option (3) is incorrect: Whoever attempts to commit an offence of theft or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be liable for attempt to commit theft. Option (4) is correct: A person is said to commit 'house-breaking' who commits house-trespass if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z and C commits that offence in consequence of B's instigation. A is

  1. not guilty of any offence

  2. not guilty of abetting murder

  3. guilty of abetment by conspiracy

  4. guilty of abetting murder


Correct Option: D
Explanation:

Option (1) is incorrect: A is liable for abetting murder of C. Option (2) is incorrect: A is liable for abetting murder of C. Option (3) is incorrect: A is not guilty of abetment by conspiracy. Option (4) is correct: A person abets the doing of a thing who instigates any person to do that thing. Here, in the above facts, A is liable for abetting murder.

A bearer cheque is issued by one Mr. Ashok in favour of Aman, but he forgets to hand over the cheque to Aman. Aman however, picks up the cheque in his absence from his table.

Whether the negotiation has taken place?

  1. No, endorsement is also needed

  2. No, delivery is also needed

  3. No, endorsement and delivery both required

  4. Yes, the cheque is drawn in his favour


Correct Option: B
Explanation:

(2) Delivery of the cheque is foremost requirement. Delivery is also needed

Which of the following is not a valid defence in tort?

  1. Volenti non fit injuria

  2. Vis major

  3. Scienti non fit injuria

  4. Consent

  5. None of above


Correct Option: C
Explanation:

Option (3) is correct: Scienti non fit injuria, which means that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the results of the risk undertaken. There had to be consent and mere knowledge is not sufficient.

A private action lies in public nuisance when the damage caused is

  1. direct

  2. substantial

  3. consequential

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (2) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

Option (3) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential. Option (4) is correct: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

 

Which of the following is/are emergency vehicles?

  1. Road rollers and cranes

  2. Movable automobile workshop

  3. Ambulance and fire service vehicles

  4. All of the above


Correct Option: C
Explanation:

(3) Emergency vehicles mean ambulance and fire service vehicles.

Person holding a licence to drive a motorcar

  1. can drive a motorcycle

  2. cannot drive a motorcycle

  3. can drive a motorcycle if the licence authorises him to do so specifically

  4. can drive only a motor car


Correct Option: C
Explanation:

(3) Person holding a licence to drive a motorcar can drive motorcycle if the licence authorises him to do so specifically.

Every appointment of district forum shall be made by the state government on the recommendation of a selection committee in which

  1. President of the state commission shall be a chairman

  2. Secretary (law department of the state) shall be a member

  3. Secretary (in charge of department dealing with consumer affair) shall be a member

  4. All of the above


Correct Option: D
Explanation:

(4) Every appointment of district forum shall be made by the state government on the recommendation of a selection committee in which President of the state commission shall be a chairman, Secretary (law department of the state) shall be a member and Secretary (in charge of department dealing with consumer affair) shall be another member.

As per the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988, an employer of any small establishment or very small establishment required to furnishes a Core Return in

  1. Form A

  2. Form B

  3. Form C

  4. Form D


Correct Option: A
Explanation:

(1) As per the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988, an employer of any small establishment or very small establishment required to furnishes a Core Return in Form A.

Who will work as president in case absence of the president of state commission?

  1. Governor

  2. Chief minister

  3. A sitting judge of High court

  4. Chief justice of high court


Correct Option: C
Explanation:

(3) A sitting judge of High court will work as president in case absence of the president of state commission.

Collective bargaining serves purposes

  1. regulating wages and conditions of service

  2. regulating labour management relations

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

(3) Collective bargaining is a process in which working people, through their unions, negotiate contracts with employers to determine their terms of employment, including pay, health care, pensions and other benefits, hours, leave, job health and safety policies, ways to balance work and family and more. Employees jointly decide their priorities for bargaining.

________ have been set up under the provisions of Industrial Dispute Act, 1947 for adjudication of industrial disputes in an organisation.

  1. Lok-Adalat

  2. Industrial Tribunal

  3. Labour Court

  4. All of the above


Correct Option: C
Explanation:

(3) Labour Court have been set up under the provisions of Industrial Dispute Act, 1947 for adjudication of industrial disputes in an organization.

As per the provisions contained in Chapter VB of the Industrial Dispute Act, 1947 establishment employing ________ persons or more are required to seek prior permission of Appropriate Government before effecting lay-off, retrenchment and closure.

  1. 50

  2. 100

  3. 250

  4. 500


Correct Option: B
Explanation:

(2) At the time of establishment employing 100 persons or more are required to seek prior permission of Appropriate Government before effecting lay-off, retrenchment and closure.

An unregistered trade union has which of the following disadvantages?

  1. It can acquire and hold both movable and immovable properties.

  2. It has no corporate existence.

  3. It can contract through agents.

  4. It is a legal entity.

  5. None of above


Correct Option: B
Explanation:

(2) An unregistered trade union has no corporate existence.

The ____________ dimension of social responsibility refers to a business's societal contribution of time, money, and other resources.

  1. Ethical

  2. Philanthropic

  3. Volunteerism

  4. Strategic


Correct Option: B
Explanation:

(2) The philanthropic dimension of social responsibility refers to a business's societal contribution of time, money, and other resources.

Stakeholders are considered more important to an organisation when

  1. they can make use of their power on the organisation

  2. they do not emphasise the urgency of their issues

  3. their issues are not legitimate

  4. they can express themselves articulately


Correct Option: A
Explanation:

(1) Stakeholders are considered more important to an organisation when they can make use of their power on the organisation.

Administrative law refers to

  1. a body of law which is enforced by specialised administrative tribunals

  2. a body of law which deals with the administration of court processes

  3. a body of law which deals with administrative processes

  4. a body of law which regulates government action

  5. All of above


Correct Option: A
Explanation:

(1) Administrative law refers to a body of law which is enforced by specialised administrative tribunals.

The term "common law" refers to

  1. case law

  2. a source of law based on previously decided cases dealing with similar issues

  3. a source of law based upon precedent

  4. All of the above

  5. None of above


Correct Option: D
Explanation:

(4) The term "common law" refers to case laws, previous decided cases and law based on precedent.

Award means an interim or a final determination of any industrial dispute is determined by

  1. Labour Court

  2. Arbitrator

  3. Both (1) & (2)

  4. None of these


Correct Option: C
Explanation:

(3) Award means an interim or a final determination of any industrial dispute is determined by Labour Court and Arbitrator.

The term "stare decisis"

  1. refers to the precedent system of law behind the common law system

  2. means that the judges must follow decisions from courts in any province in Canada

  3. means that the judges must follow decisions from the Supreme Court of Canada

  4. means that the judges must follow decisions containing similar facts across Canada


Correct Option: A
Explanation:

(1) The term "stare decisis" refers to the precedent system of law behind the common law system.

When two or more persons hold one or more shares in a company jointly, they will be treated

  1. as a single member

  2. separately as members

  3. directors

  4. None of these


Correct Option: A
Explanation:

When two or more persons hold one or more shares in a company jointly, then they will be treated as a single member.

Redeemable capital shares

  1. are based on interest

  2. are not based on interest

  3. are ordinary shares

  4. None of these


Correct Option: B
Explanation:

Redeemable capital shares include finance obtained on the basis of any security or obligation not based on interest, other than an ordinary share of a company.

If an advertisment invites public for the subscription or purchase of any shares, it is

  1. a document

  2. a book and paper

  3. a prospectus

  4. All of the above


Correct Option: C
Explanation:

If an advertisment invites public for the subscription or purchase of any shares, it is called a prospectus. 

The performance audit of environmental issues enables the entities

  1. to improve upon their performance

  2. assist policy matters and legislators to rectify the omissions and shortfalls

  3. contribute to good governance

  4. All of the above


Correct Option: D
Explanation:

(4) The performance audit of environmental issues enables the entities to improve their performance, assist policy matters and legislators to rectify the omissions and shortfalls and contribute to good governance.

CD-ROM and floppy containing the names of members of a company and debenture holders are

  1. books and paper

  2. books of accounts

  3. registers

  4. All of the above


Correct Option: D
Explanation:

CD-ROM and floppy containing the names of members of a company and debenture holders are books and paper, books of accounts and registers.

Performance audit of environmental issues include

  1. identification of risks caused by pollution to health and environment

  2. existence or adequacy of environmental policies and laws or strategies

  3. compliance with commitments, if entered into or legally obligated with international treaties

  4. All of the above


Correct Option: D
Explanation:

(4) Performance audit of environmental issues include Identification of risks caused by pollution, existence or adequacy of environmental policies and laws and compliance with commitments, if entered into or legally obligated with international treaties.

The success of audit of environmental issues would be possible only when the SAI does

  1. the evaluation of the performance entity with reference to established standards and indicators

  2. the evaluation against authentic criteria

  3. Both (1) and (2)

  4. Either (1) or (2)


Correct Option: C
Explanation:

(3) The success of audit of environmental issues would be possible only when the SAI does the evaluation of the performance entity and against authentic criteria.

Find out the incorrect statement.

  1. It is not necessary to have a separate performance audit mandate to conduct environmental audit.

  2. Environmental audit is not significantly different from other audits practiced by SAI.

  3. The mandate of SAI to undertake environmental audit is w.r.to the provision of the constitution and not the CAG’s DPC Act.

  4. None of these


Correct Option: C
Explanation:

(3) The mandate of SAI to undertake environmental audit is w.r.to the provision of the constitution and not the CAG’s DPC Act.

Information contained on an Internet website

  1. is exempt from copyright protection

  2. is public property

  3. can be the subject of a copyright infringement claim if duplicated without permission

  4. None of these


Correct Option: C
Explanation:

(3) Information contained on an Internet website can be the subject of a copyright infringement claim if duplicated without permission.

The location of a contract which is electronically completed

  1. will be determined by agreement of the parties to the contract

  2. may be determined by Canadian courts

  3. may be determined by the passing of legislation by governments who impose jurisdiction

  4. remains uncertain at present


Correct Option: D
Explanation:

(4) The location of a contract which is electronically completed remains uncertain at present.

The type of organisations and institutions which are subject to environment audit are organisations

  1. whose operations directly or indirectly affect the environment positively or negatively

  2. with powers to make or influence environment policy formulation and regulation

  3. with powers to monitor and control the environmental actions of the others

  4. All of the above


Correct Option: D
Explanation:

Organisations with operations that directly or indirectly affect the environment positively or negatively, those with powers to make or influence environment policy formulation and regulation and those with powers to monitor and control the environmental actions of the others are the type of organisations and institutions which are subject to environment audit. 

An electronic document will be deemed received

  1. when the receiver actually receives the document

  2. if the receiver has an information system which has been designated at the moment the document enters the information system

  3. if the receiver does not have an information system at the time that the receiver becomes aware of the document

  4. Answers (2) and (3) only


Correct Option: D
Explanation:

(4) An electronic document will be deemed received if the receiver has an information system which has been designated at the moment the document enters the information system and if the receiver does not have an information system at the time that the receiver becomes aware of the document.

The Latin American concept of uti possidetis juris is related to succession to

  1. state property

  2. state archives

  3. public debt

  4. former colonial orders


Correct Option: A
Explanation:

(1) The Latin American concept of uti possidetis juris is related to succession to state property.

Under UNCITRAL legislation,

  1. a data message is deemed dispatched at the place of its originator's business and deemed to be received at the place of business of the addressee

  2. a data message is deemed to be sent from the actual location at which it was transferred by electronic means

  3. a data message is deemed accepted unless advice to the contrary is provided

  4. a data message is deemed not to have reached its addressee unless confirmation of this fact is received

  5. All of above


Correct Option: A
Explanation:

A data message is deemed dispatched at the place of its originator's business and deemed to be received at the place of business of the addressee.

An electronic document is deemed to be sent

  1. when the receiver accesses the document

  2. when it leaves the senders control

  3. when the parties specify it is sent

  4. at the time that the document is last saved on an electronic form

  5. Either (1) or (3)


Correct Option: B
Explanation:

(2) An electronic document is deemed to be sent when it leaves the sender's control.

Principles of multilateral treaty of Human Rights can be implemented by the Indian Courts even if India has not ratified it

  1. in all circumstances

  2. if the treaty is universally accepted by states

  3. if it lays down international norms which can be used as points of reference to interpret the provisions of the Indian Constitution

  4. if India has participated in the negotiations and the drafting of the treaty and the treaty was adopted by consensus

  5. None of above


Correct Option: B
Explanation:

(2) If the treaty is universally accepted by states

A branch of moral science which treats of the duties which an attorney owes to the coirt, to his client, to his colleagues in the profession, and to the public is called

  1. Judiciary

  2. Legal Ethics

  3. Legal Science

  4. Ethical Standards


Correct Option: B
Explanation:

(2) Legal Ethics.

A lawyer named and appointed by the court to represent a party, usually an indigent defendant, in a criminal case is called a/an

  1. Trial lawyer

  2. Litigation lawyer

  3. Attorney-at-law

  4. Counsel de officio


Correct Option: D
Explanation:

(4) A lawyer is named as Counsel de offico in case in which he is appointed by the court to represt a party, usually an indigent defendant.

______ is a person trained in the law and authorised to advise or represent others in legal matters.

  1. Client

  2. Judge

  3. Lawyer

  4. Professor of law


Correct Option: C
Explanation:

(3) A general term referring to a person trained in the law and authorized to advise or represent others in legal matters is lawyer.

________ literally means “friend of court”.

  1. Trial lawyer

  2. Litigation lawyer

  3. Amicus Curiae

  4. Legal counsel

  5. None of above


Correct Option: C
Explanation:

(3) Amicus curiae literally means friend of court.

Consider the following rights:

  1. Right of self-determination
  2. Inherent right to life
  3. Freedom from torture, cruel, inhuman or degrading treatment or punishment
  4. Right to work and enjoyment of just and favourable conditions of work

Which of these rights have been recognised under the International Covenant on Civil and Political Rights, 1966?

  1. 1, 2, 3 and 4

  2. 1, 2 and 3

  3. 1 and 2

  4. 2 and 3


Correct Option: C
Explanation:

Right of self-determination and inherent right to life are the rights that have been recognised under the International Covenant on Civil and Political Rights, 1966.

Upon violation of human rights by a state, the victim may petition the

  1. UN Human Rights Commissioner
  2. Human Rights Committee
  3. Economic and Social Council
  4. UN Secretary General
  1. 1, 3 and 4

  2. 1 alone

  3. 1, 2 and 3

  4. 2 alone

  5. 1,2,3 and 4


Correct Option: B
Explanation:

Upon violation of human rights by a state, the victim may petition only before UN Human Rights Commissioner.

The machinery for the enforcement of human rights is most effective under the

  1. Universal Declaration of Human Rights

  2. two Covenants on Human Rights, 1966

  3. European Convention on Human Rights, 1950

  4. African Charter of Human Rights and People’s Rights, 1981


Correct Option: C
Explanation:

(3) The machinery for the enforcement of human rights is most effective under the European Convention on Human Rights, 1950.

Which of the following contracts is specifically enforceable?

  1. A (an author) contracts with B (a publisher) to complete a literary work.

  2. A contracts to sell and B contracts to buy a residential building.

  3. A contracts to marry B.

  4. A contract by a guardian to purchase immovable property on behalf of a minor.


Correct Option: B
Explanation:

Only option 2 is correct as it contains the promise from the two parties and the essentials elements of a valid contract, which is legally enforceable. Option 1 is incorrect as it contains the contract involving personal service and such contracts are not enforceable. Option 3 is a promise and as such it is not a contract. Option 4 is not correct as the contracts made by guardians on behalf of minors are not enforceable.

Specific performance of contract is allowed where

  1. the plaintiff is not entitled to recover compensation

  2. the defendant is incompetent to perform the contract

  3. compensation is not the adequate relief

  4. the defendant has died


Correct Option: C
Explanation:

Option 3 is correct as the compensation may not be sometimes adequate relief and thus, the court can order for the specific performance only. Option 1 is incorrect as inability to collect compensation is not a base for specific performance. Option 2 is incorrect because it involves a void contract. The death of a defendant can make the contract void if the contract is of personal nature.

Which Jurist has said “Contract is not joke of leisure time”?

  1. Anson

  2. Chesire

  3. Lord Stawell

  4. Lord Atikin


Correct Option: A
Explanation:

Option (1) is the correct answer. Anson gave the statement “Contract is not joke of leisure time”. Lord Atkin quoted ‘A mistake will not affect assent unless it is made by both parties.’ The others are not concerned with the above statement. 

If a proposal has been accepted subject to certain conditions, then

  1. the contract is valid and conditions are binding

  2. the contract is voidable

  3. the contract is valid but conditions are not binding

  4. the contract is not constituted at all


Correct Option: D
Explanation:

Option (4) is correct as acceptance of proposal subject to conditions create counter offer and thus there is no contract. Option (1) is incorrect. The voidable contact is the one, which is valid at the option of one of the parties but not at the option of the other party. Option (3) is incorrect as the proposal accepted as such cannot be valid.

A time barred debt can be claimed

  1. as a set off

  2. as a counter claim

  3. as a fresh suit

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: A time barred debt cannot be claimed as a set off. Option (2) is incorrect: A time barred debt cannot be claimed as a counter claim. Option (3) is incorrect: A time barred debt cannot be claimed as a fresh suit. Option (4) is correct: A time barred debt can never claimed as a set off, a counter claim and a fresh suit.

Any person having the possession or control over the article of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession in the case where

  1. the possession of the thing claimed has been wrongfully transferred from the plaintiff

  2. the thing claimed is held by the defendant as the agent or trustee of the plaintiff

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff. Option (2) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff. Option (3) is correct: U/s 8 of Specific Relief Act, any person having the possession of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession in the both the above cases. Option (4) is incorrect: Option (3) is correct.  

Which of the following sections deals with personal bars to the remedy of specific relief?

  1. Section 14

  2. Section 15

  3. Section 16

  4. Section 17


Correct Option: C
Explanation:

Option (1) is incorrect: Section 14 of the act deals with contracts not specifically enforceable. Option (2) is incorrect: Section 15 of the act deals with who may obtain specific performance. Option (3) is correct: Section 16 of the act deals with personal bars to relief. Option (4) is incorrect: Section 17 states that contract to sell or let property by one who has no title, is not specifically enforceable.

Provisions of Section 3 of the Limitation Act, 1963 are

  1. directory

  2. discretionary

  3. mandatory

  4. permissive


Correct Option: A
Explanation:

Option (1) is correct: Provisions of Section 3 have to be taken as provided. Option (2) is incorrect: It is not based upon the discretion of the court. Option (3) is incorrect: It is read as directory provisions not mandatory. Option (4) is incorrect: Provisions of Section 3 are not permissive.

Provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908, is contained in

  1. Section 28 of the Limitation Act, 1963

  2. Section 29 of the Limitation Act, 1963

  3. Section 30 of the Limitation Act, 1963

  4. Section 31 of the Limitation Act, 1963


Correct Option: C
Explanation:

Option (1) is incorrect: Section 28 of the Limitation Act, 1963 deals with amendment of certain Acts. Option (2) is incorrect: Section 29 of the Limitation Act, 1963 deals with savings clause. Option (3) is correct: Section 30 of the Limitation Act, 1963 deals with provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908. Option (4) is incorrect: Section 31 of the Limitation Act, 1963 provides provision as to barred or pending suits, etc.

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