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Bar Council Mock - 9

Attempted 0/100 Correct 0 Score 0

As regards the payment, the dower can be

  1. prompt

  2. deferred

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Dower can be prompt or deferred. Option (2) is incorrect: Dower can be prompt or deferred. Option (3) is correct: Dower can be prompt or deferred. Option (4) is incorrect: Dower can be prompt or deferred.

The conciliator in a conciliation proceeding

  1. shall not act as an arbitrator in any arbitral proceedings in respect of a dispute that is the subject matter of conciliation proceedings

  2. shall not act as counsel of a party in any judicial proceedings in respect of a dispute that is the subject matter of conciliation proceedings

  3. shall not present himself in any arbitral or judicial proceeding

  4. All of the above


Correct Option: D
Explanation:

(4) All are correct in relation to the acts of conciliator in conciliation proceedings.

A business contract contains a term that disputes will be determined in accordance with the rules of the Indian Council of Arbitration. This is

  1. adhoc arbitration

  2. statutory arbitration

  3. institutional arbitration

  4. None of these


Correct Option: C
Explanation:

(3) This is an institutional arbitration.

An arbitral award

  1. must be in writing

  2. may be an oral decision

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

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


Correct Option: D
Explanation:

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

An arbitration agreement providing for arbitration of four arbitrators is, under the Arbitration and Conciliation Act, 1996, to be construed as an agreement for arbitration by

  1. the sole arbitrator

  2. five arbitrators

  3. three arbitrators

  4. four arbitrators


Correct Option: C
Explanation:

(3) An arbitration agreement providing for arbitration of four arbitrators is, under the Arbitration and Conciliation Act, 1996, to be construed as an agreement for arbitration by three arbitrators.

A rustic woman in apprehension of assault and maltreatment makes a confession for murder of her mother-in-law at the village panchayat. Whether this confession is admissible or not?

  1. Admissible as extrajudicial confession

  2. Inadmissible due to involuntariness

  3. Admissible as a supporting evidence to the fact deposed by the witness

  4. Partly admissible


Correct Option: B
Explanation:

Option (1) is incorrect: A confession, whether it is judicial or extrajudicial, made under a threat is not admissible in evidence. Option (2) is correct: If it is made with fear of assault or is of involuntarily nature, then it is inadmissible. Option (3) is incorrect: A confession made involuntarily can never be used as a supporting evidence. Option (4) is incorrect: Partly is of no criteria.

Which of the following sections of the Indian Evidence Act deals only with civil cases?

  1. Section 20

  2. Section 21

  3. Section 22

  4. Section 23


Correct Option: D
Explanation:

(4) Section 23 deals with civil cases; “Admission in civil cases relevant".

If any advocate asks questions without any reasonable ground, then what procedure should the court adopt?

  1. The court will not dictate them.

  2. The court will hear quietly.

  3. The court will report to State Bar Council.

  4. The court will permit to ask.


Correct Option: C
Explanation:

Option (1) is incorrect: The court cannot dictate the question to the advocate under any provision of law. Option (2) is incorrect: The court is under no authority to hear the question. Option (3) is correct: If the court is of the opinion that any such question was asked by any barrister, pleader, vakil or attorney without reasonable grounds, then the court may report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession. Option (4) is incorrect: The court is under no authority to give permission and to hear the question.

Which of the following is true about 'admissions'?

  1. Admissions are conclusive proof.

  2. Admissions may operate as estoppels.

  3. Admissions are always irrelevant.

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels. Option (2) is correct: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels. Option (3) is incorrect: Admissions are not always relevant.

The Indian Evidence Act applies to

  1. affidavits

  2. departmental proceedings

  3. arbitration proceedings

  4. an inquiry to determine a jural relation between persons


Correct Option: D
Explanation:

(4) Indian Evidence Act applies to an inquiry to determine a jural relation between persons.

Which section of the Indian Evidence Act, 1872 is substituted for the old section by the Information Technology Act, 2000?

  1. Section 22

  2. Section 39

  3. Section 81

  4. Section 85


Correct Option: A
Explanation:

(1) After section 22, the following section shall be inserted, namely “When oral admission as to contents of electronic records are relevant under section 22A".

Which of the following statements is not true?

  1. A witness may be cross-examined as to previous statement in writing.

  2. Leading question may not be asked in cross-examination.

  3. A person called to produce document can be cross-examined.

  4. A party calling the witness may cross-examine him with the permission of the court.


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 145 of the Indian Evidence Act, a witness may be cross-examined as to previous statements made by him in writing without such writing being shown to him or being proved. Option (2) is correct: Section 143 of the Indian Evidence Act states that leading questions may be asked in cross-examination. Option (3) is incorrect: A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness. Option (4) is incorrect: A person summoned to produce a document cannot be cross-examined even with the permission of the court unless and until he is called as a witness.

Possession is said to be ownership on the defensive by:

  1. Savingny

  2. Salmond

  3. Ihering

  4. Gray


Correct Option: C
Explanation:

(3) Possession was said to be ownership on the defensive by Ihering.

What of the following is not correct regarding ‘admission’?

  1. Admission may be documentary.

  2. All confessions are admissions, but all admissions are not confessions.

  3. Admission relates to a civil transaction only.

  4. Admission may be proved against the representative in interest of the maker.


Correct Option: D
Explanation:

(4) Admission cannot be proved against the representative in interest of the maker.

The advisory opinion tendered by the Supreme Court is

  1. binding on the President

  2. not binding on the President

  3. binding on the President only if it is unanimously made

  4. not made public at all


Correct Option: B
Explanation:

The advisory opinion tendered by the Supreme Court is not binding on the President.

Realist theory of law emphasises on

  1. social function of law

  2. human factors in law

  3. social criterion of validity of law

  4. essentiality of law for social life


Correct Option: C
Explanation:

(3) Realist theory of law emphasises on social criterion of validity of law.

Who appoints the Chairman of the State Public Service Commission in India?

  1. The President of India

  2. The President of India in consultation with the Governor of the State

  3. The Governor of the State

  4. The Chairman of Union Public Service Commission in consultation with the Governor


Correct Option: C
Explanation:

Option (1) is incorrect: The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission, by the President. Option (2) is incorrect: The Chairman of Union Public Service Commission shall be appointed by the President without consultation of the Governor. Option (3) is correct: The Chairman and other members of a Public Service Commission shall be appointed, in the case of the State Commission, by the Governor of the State. Option (4) is incorrect: The Chairman of Union Public Service Commission shall be appointed by the President without consultation of the Governor.

In a First Information Report, if an offence is cognizable and other is non-cognizable, the the whole case shall be deemed to be

  1. cognizable

  2. non-Cognizable

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

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


Correct Option: A
Explanation:

CrPC includes a provision that in a First Information Report, if an offence is cognizable and another is non-cognizable, then the whole case shall be deemed to be cognizable.

According to Hohfield, the jural opposite of 'Power', in the context of his analysis of legal right in the wider sense, is

  1. liability

  2. disability

  3. duty

  4. immunity


Correct Option: B
Explanation:

(2) Four sets of various Hohfeldian jural relations are duty/liberty, right/no-right, liability/immunity and power/disability.

By which Amendment of the Indian Constitution was Sikkim included as a full-fledged State of the Indian Territory?

  1. Thirty-second Constitutional Amendment

  2. Thirty-sixth Constitutional Amendment

  3. Forty-fourth Constitutional Amendment

  4. Forty-second Constitutional Amendment


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision under Thirty-second Constitutional Amendment. Option (2) is correct: In Thirty-sixth Constitutional Amendment, Sikkim was included as a full-fledged State of the Indian Territory. Option (3) is incorrect: No such provision under Forty-fourth Constitutional Amendment. Option (4) is incorrect: No such provision under Forty-second Constitutional Amendment.

Under the Code of Criminal Procedure, 1973, a charge shall be written in the

  1. language which the accused understands

  2. language which the witnesses understand

  3. language of the court

  4. Hindi language


Correct Option: C
Explanation:

(3) Under section 211(6) of the Code of Criminal Procedure, a charge shall be written in the language of the court.

The words ‘Socialist Secular’ have been inserted in the preamble by the

  1. Forty-fourth Amendment of the Constitution

  2. Forty-second Amendment of the Constitution

  3. Forty-first Amendment of the Constitution

  4. Fortieth Amendment of the Constitution


Correct Option: B
Explanation:

Option (1) is incorrect: The words were not added by the Forty-fourth Amendment of the Constitution. Option (2) is correct: The words ‘Socialist Secular’ have been inserted in the preamble by the Forty-second Amendment of the Constitution. Option (3) is incorrect: The words were not added by the Forty-first Amendment of the Constitution. Option (4) is incorrect: The words were not added by the Fortieth Amendment of the Constitution. 

Which of the following statements is true?

  1. A State Government shall establish a Court of Session with the consultation of the High Court.

  2. A State Government shall establish a Court of Session.

  3. The High Court shall establish a Court of Session.

  4. The Supreme Court shall establish a Court of Session.


Correct Option: B
Explanation:

The State Government shall establish a Court of Session for every session division. It does not require consulting the High Court.

Which of the following is not one of the principal organs of the United Nations?

  1. Economic and Social Council

  2. Trusteeship Council

  3. International Labour Organisation

  4. International Court of Justice


Correct Option: C
Explanation:

Option (1) is incorrect: Economic and Social Council is one of the principal organs of the United Nations. Option (2) is incorrect: Trusteeship Council is one of the principal organs of the United Nations. Option (3) is correct: International Labour Organisation is not one of the principal organs of the United Nations. Option (4) is incorrect: International Court of Justice is one of the principal organs of the United Nations.

An order passed by a Magistrate under Section 446 of the Code of Criminal Procedure, 1973 is appealable to the

  1. Session Judge

  2. District Magistrate

  3. High Court

  4. Supreme Court


Correct Option: A
Explanation:

(1) Under Section 449 of the Code of Criminal Procedure, 1973, an order passed by a magistrate under Section 446 is appealable to the Session Judge.

The provisions of the Code of Criminal Procedure, 1973, other than those relating to Chapter VIII, X and XI thereof shall not apply to the state of

  1. Tripura

  2. Assam

  3. Meghalya

  4. Nagaland


Correct Option: D
Explanation:

The provisions of the Code of Criminal Procedure, 1973 extends to the whole of India, except the State of Jammu and Kashmir.   Provided that, the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply to the State of Nagaland. 

Which section of the Code of Criminal Procedure, 1973 provides for confirmation by the High Court an order of death penalty passed by the Session Court prior to its execution?

  1. Section 366

  2. Section 371

  3. Section 369

  4. Section 368


Correct Option: A
Explanation:

(1) Section 366 of the Code of Criminal Procedure, 1973 provides that when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court.

A Magistrate of First Class can try all offences

  1. punishable with death

  2. not punishable with death

  3. punishable with imprisonment of 6 months

  4. None of these


Correct Option: B
Explanation:

(2) A Magistrate of First Class can try all offences not punishable with death.

If a person against whom an order under Section 133 of the Code of Criminal Procedure, 1973 is made, appears and show cause against the order, then the magistrate shall take

  1. evidence in the matter as in a summon case

  2. evidence in the matter as a warrant case

  3. evidence in the matter as an extraordinary case

  4. no evidence


Correct Option: A
Explanation:

(1) If a person against whom an order under Section 133 of the Code of Criminal Procedure, 1973 is made, appears and show cause against the order, then the magistrate shall take evidence in the matter as in a summon case.

Defamation by spoken words or gestures is known as

  1. innuendo

  2. slander

  3. libel

  4. None of these


Correct Option: B
Explanation:

Slender is the correct usage.

For an offence of cheating, intention to cheat should be present

  1. in the end

  2. in the middle

  3. Both (1) and (2)

  4. from the very beginning


Correct Option: D
Explanation:

For an offence of cheating, intention to cheat should be present from the very beginning.

Criminal Law (Amendment) Act, 2013 came into effect on

  1. 6th April, 2013

  2. 3rd February, 2013

  3. 7th January, 2013

  4. 5th March, 2013


Correct Option: B
Explanation:

(2) Criminal Law (Amendment) Act, 2013 came into effect on 3rd February, 2013.

Which of the following is not an essential procedural requirement of Section 164 of the Code of Criminal Procedure, 1973?

  1. Warning to the accused

  2. Confession to be made voluntarily

  3. Recording of statement in presence of advocate of the accused

  4. Memorandum at the foot of confession


Correct Option: C
Explanation:

(3) While recording confession under Section 164 of the Code of Criminal Procedure, 1973, the presence of advocate of the accused is not an essential requirement.

In execution of a decree, a movable property is auctioned by the executing court. The auction purchaser deposits the entire auction price then and there, even before the expiry of 30 days, and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which of the following is legally correct?

  1. Objection is maintainable as it has been filed within 30 days of the auction.

  2. Auction sale is vitiated as the auction property has been delivered without waiting for its confirmation within 30 days of auction.

  3. No confirmation of sale is required in the present case.

  4. None of these


Correct Option: C
Explanation:

No confirmation of sale is required in the present case.

When can a trial court release an accused on bail under Section 389(3) of the CrPC after conviction?

  1. Where accused is on bail and imprisonment is not exceeding 3 years

  2. Where accused is on bail and imprisonment is not exceeding 5 years

  3. Where accused is on bail and imprisonment is not exceeding 7 years

  4. Where offence is exclusively bailable whether accused is on bail or not


Correct Option: A
Explanation:

Where accused is on bail and imprisonment is not exceeding 3 years, a trial court can release an accused on bail under Section 389(3) of the CrPC after conviction.

Time prescribed for filing which of the following cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?

  1. Revision under Section 115 of the CPC

  2. Application for execution under Order XXI of the CPC

  3. Appeal under Sections 96, 100 and 104 of the CPC

  4. Application for substitution under Order XXII of the CPC


Correct Option: B
Explanation:

Section 5 of the Limitation Act,1963 provides that an appeal or an application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 may be admitted after a prescribed period.

A counter-offer is

  1. a change in the original offer

  2. a rejection of the original offer

  3. same as the original offer

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: A counter-offer is an offer given in response to an offer. Option (2) is incorrect: It is not a rejection of the original offer. Option (3) is incorrect: It is not the same as tthe original offer.

When the consent to the contract is caused by coercion, fraud or misrepresentation, the contract under Section 19 is

  1. valid

  2. voidable

  3. void

  4. illegal


Correct Option: B
Explanation:

Option (1) is incorrect: It is not a valid contract. Option (2) is correct: The contract is voidable at the option of the party whose consent was so caused. Option (3) is incorrect: It is not void, but voidable at the option of the party whose consent was so caused. Option (4) is incorrect: It is not illegal, but voidable at the option of the party whose consent was so caused.

An agreement not enforceable by law is said to be

  1. voidable

  2. void

  3. legal

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: An agreement not enforceable by law is not voidable. Option (2) is correct: An agreement not enforceable by law is said to be void. Option (3) is incorrect: An agreement not enforceable by law is not illegal, but void.

Universal donee is

  1. not liable for any debt or liability

  2. personally liable for all debts and liabilities existing at the time of gift

  3. only liable for half of the liabilities

  4. only liable for one-third of liabilities


Correct Option: B
Explanation:

Section 128 of the Transfer of Property Act, 1882, where a gift consists of the donour's whole property, the donee is personally liable for all debts due by and liabilities of the donour at the time of the gift to the extent of the property comprised therein.

Which of the following agreements is not void?

  1. A agrees to sell B a hundred tons of oil.

  2. A promises to obtain for B an employment in the public service and B promises to pay Rs. 1000 to A.

  3. A agrees with B to discover treasure by magic.

  4. A finds B's purse and gives it to him. B promises to give Rs. 50 to A.


Correct Option: D
Explanation:

Option (1) is incorrect: Agreement is without consideration. Option (2) is incorrect: Promise is against the public policy or provisions of law. Option (3) is incorrect: Agreement is void as to uncertainty. Option (4) is correct: It is a valid agreement.

A mortgage by deposit of title deeds is called

  1. anomalous mortgage

  2. english mortgage

  3. equitable mortgage

  4. usufructuary mortgage


Correct Option: C
Explanation:

Where a person in any of the following towns, namely, the towns of Calcutta, Madras and Bombay, and in any other town which the State Government concerned may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title deeds.  
 

A lease of immovable property is not determined by

  1. efflux of time limited thereby

  2. express surrender

  3. the service of a notice to quit

  4. forfeiture


Correct Option: C
Explanation:

A lease of immovable property is not determined by the service of a notice to quit.

A lease of immovable property from year to year or exceeding one year can be made

  1. only before Notary

  2. valid if executed before the magistrate

  3. effective if agreement is made by the parties

  4. only by a registered instrument


Correct Option: D
Explanation:

As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument.

Duties of a principal include all of the following, except the duty to

  1. pay a fee to the agent

  2. indemnify the agent for reasonable expenses incurred in negotiating an agreement

  3. pay all of the agent's expenses

  4. act in good faith when dealing with the agent


Correct Option: C
Explanation:

(3) Duties of a principal does not include a duty to pay all of the agent's expenses.

A cheque is presented for payment through clearing house but due to certain reasons, it is returned unpaid. The returning memo is enclosed to comply with the

  1. Negotiable Instruments Act

  2. RBI Act

  3. Banking Regulations Act

  4. RBI Clearing House rules


Correct Option: D
Explanation:

(4) The returning memo is enclosed to comply with the RBI Clearing House rules.

Duties of an agent include the duty to

  1. obey lawful instruction of the principal

  2. keep information obtained by virtue of the agency relationship confidential

  3. keep the principal informed of all information related to the agency relationship

  4. All of the above


Correct Option: D
Explanation:

(4) Duties of an agent include all of the above mentioned duties.

The provision for making the payment of amount mentioned in words in a cheque is described under Section ______ of the NI Act.

  1. 18

  2. 19

  3. 20

  4. 21


Correct Option: A
Explanation:

(1) Section 18 of the Negotiable Instrument Act states provisions that if the amount undertaken or ordered to be paid is stated differently in figures and in words, then the amount stated in words shall be the amount undertaken or ordered to be paid.

What does the maxim 'ignorantia juris non excusat' mean?

  1. Ignorance of law is no excuse.

  2. Ignorance of fact is no excuse.

  3. Ignorance of law is an excuse.

  4. Ignorance of fact is an excuse.


Correct Option: A
Explanation:

Option (1) is correct: Ignorance of law can never be an excuse in the proceedings of the court.

How many types of kidnapping are there in the Indian Penal Code?

  1. One

  2. Two

  3. Three

  4. Four


Correct Option: B
Explanation:

Option (2) is correct: Under Section 359 of the Indian Penal Code, kidnapping is of two types: kidnapping from India and kidnapping from lawful guardianship.

Any hurt is 'grievous' if it causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits during the space of

  1. fifteen days

  2. twenty days

  3. twenty-five days

  4. thirty days


Correct Option: B
Explanation:

Option (2) is correct: Under Section 320 of the Indian Penal Code, any hurt which endangers life or which causes the sufferer to be, during the space of twenty days, in severe bodily pain or unable to follow his ordinary pursuits is 'grievous'.

If the offender is armed with deadly weapons at the time of attempting dacoity, he is liable to be punished with

  1. rigorous imprisonment of at least 7 years

  2. rigorous imprisonment up to 7 years

  3. rigorous imprisonment not exceeding 5 years

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Section 398 of the IPC, if, at the time of dacoity, the offender is armed with any deadly weapon, then the imprisonment with which such offender shall be punished shall not be less than seven years.

What is the minimum number of persons required to commit 'dacoity'?

  1. Five

  2. Six

  3. Two

  4. Ten


Correct Option: A
Explanation:

Option (1) is correct: Under Section 391 of the Indian Penal Code, when five or more persons conjointly commit or attempt to commit a robbery, every person so committing is said to commit 'dacoity'.

A Hindu widow could be divested of her property inherited by her from her husband if she

  1. becomes unchaste

  2. remarries

  3. converts to another religion

  4. None of these


Correct Option: A
Explanation:

A Hindu widow could be divested of her property inherited by her from her husband if she becomes unchaste. 

Which of the following statements is not correct about rape?

  1. Consent is immaterial if she is under 16 years of age.

  2. Penetration is sufficient.

  3. Intercourse by a man with his own wife and the wife not being under 15 years of age, is not rape.

  4. Death penalty may be awarded.


Correct Option: D
Explanation:

Option (1) is incorrect: A man is said to commit rape who has sexual intercourse with a woman with or without her consent, when she is under sixteen years of age. Option (2) is incorrect: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Option (3) is incorrect: Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. Option (4) is correct: Death penalty is never awarded under the offence of rape.

Any person aggrieved by an order made by the district forum may prefer an appeal such order to the State commission within

  1. 60 days

  2. 90 days

  3. 1 month

  4. 30 days


Correct Option: D
Explanation:

(4) Any person aggrieved by an order made by the district forum may prefer an appeal such order to the State commission within 30 days.

The liability of a master for acts of his servant in law of torts is called

  1. absolute liability

  2. tortuous liability

  3. vicarious liability

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Absolute liability is a standard of legal liability. Option (2) is incorrect: Tortuous liability arises from the breach of a duty primarily fixed by law. Option (3) is correct: The liability of a master for acts of his servant in law of torts is called vicarious liability.

The disqualification of a member is when

  1. he has been convicted and sentenced to imprisonment for an offence, which in the opinion of the state government, involves moral turpitude

  2. he is an undercharged insolvent

  3. he is of unsound mind

  4. All of the above


Correct Option: D
Explanation:

(4) A member is disqualified if he has been convicted and sentenced to imprisonment for an offence, which in the opinion of the state government, involves moral turpitude or is an undercharged insolvent or is of unsound mind.

When the Motor Vehicle Inspector demands any information,

  1. it is not obligatory to furnish it

  2. it is obligatory to furnish it

  3. one can refuse to provide information

  4. None of these


Correct Option: B
Explanation:

(2) When the Motor Vehicle Inspector demands any information, it is obligatory to furnish it.

The registration mark should be illuminated by

  1. red light

  2. white light

  3. blue light

  4. green light


Correct Option: B
Explanation:

(2) The registration mark should be illuminated by white light.

The defence of 'volenti non fit injuria' is not available if the consent is obtained by

  1. compulsion

  2. fraud

  3. under a mistake

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (2) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (3) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake. Option (4) is correct: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.  

The minimum number of members required for the registration of a trade union is

  1. 2

  2. 3

  3. 7

  4. 10


Correct Option: C
Explanation:

(3) The minimum number of members required for the registration of a trade union is seven.

Under which section of the Industrial Disputes Act is an individual dispute deemed to be industrial dispute?

  1. Section 2

  2. Section 2A

  3. Section 3

  4. Section 5


Correct Option: B
Explanation:

(2) Under Section 2A of the Industrial Disputes Act, an individual dispute is deemed to be industrial dispute.

Assertion (A): Participation in illegal strike is punishable. Reason (R): Right to go on strike is not a fundamental right.

  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 a correct explanation of (A).

  3. (A) is true, but (R) is false.

  4. (A) is false, but (R) is true.


Correct Option: A
Explanation:

(1) Section 26 of the Industrial Dispute Act prescribes penalty imposed on any workman who continues or otherwise acts in furtherance of a strike, which is illegal under this Act. Constitution of India has not mentioned right to strike as a fundamental right.

The employer is required to send a report to the Commissioner for workmen’s compensation within _______ days of the death or serious injury of the workman.

  1. 7

  2. 8

  3. 9

  4. 10


Correct Option: A
Explanation:

(1) The employer is required to send a report to the Commissioner for workmen’s compensation within 7 days of the death or serious injury of the workman.

Retrenchment means

  1. voluntary retirement of workman

  2. termination of the service of a workman on the ground of continued ill-health

  3. termination by the employer of the service of a workman for any reason whatsoever

  4. termination of the service of the workman as a result of the non-renewal of the contract of employment


Correct Option: C
Explanation:

Section 2 (oo) of the Industrial Disputes Act, 1947 defines retrenchment as the termination by the employer of the service of a workman for any reason whatsoever.

As per the Schedule to the Child Labour (Prohibition and Regulation) Act, 1986, paper making is a/an

  1. occupation

  2. process

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

(2) As per the Schedule to the Child Labour (Prohibition and Regulation) Act, 1986, paper making is a process.

Which of the following does the term corporate social responsibility relate to?

  1. Ethical conduct

  2. Human rights and employee relations

  3. All of the above

  4. None of these


Correct Option: C
Explanation:

(3) Ethical conduct and human rights and employee relations are the terms relating to corporate social responsibility.

Which of the following would most effectively act as the primary objective of a business organisation?

  1. To procure resources

  2. To make a profit

  3. To communicate with shareholders

  4. To mediate between the organisation and the environment


Correct Option: B
Explanation:

(2) The primary objective of a business organisation is to make a profit.

Amendment to the Canadian Charter of Rights and Freedoms requires which of the following?

  1. A vote in support of the amendment by a majority of the members of the Parliament

  2. A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada

  3. A vote in support of the amendment by members of the Parliament who represent 50% of the provinces in Canada and 2/3 of the country's population

  4. A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada and 50% of the country's population


Correct Option: D
Explanation:

A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada and 50% of the country's population.

_________ is/are conclusive evidence in case of company that statutory requiremnets have compiled with.

  1. Certificate of incoprporation

  2. Certificate of commencemnet of business

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

Certificate of incorporation is the conclusive evidence in case of a company that statutory requirements have compiled with.

Charter rights are not absolute. They may be overridden in limited circumstances where the

  1. government wishes to pass a law, which conflicts with the Charter using the 'notwithstanding' clause

  2. rights of an individual could be exercised to the detriment of the general public

  3. limitation is justified in a free and democratic society

  4. All of the above


Correct Option: D
Explanation:

Charter Rights may be overridden in limited circumstances where the government wishes to pass a law, which conflicts with the Charter using the 'notwithstanding' clause, rights of an individual could be exercised to the detriment of the general public and limitation is justified in a free and democratic society.

Private company can start its business immediately after the issue of

  1. certificate of incorporation

  2. certificate of commencemnet of business

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Immediately after the issue of certificate of commencement of business, a private company can start its business.

A company can change its name at its own descretion by passing a/an

  1. ordinary resolution

  2. special resolution

  3. boards resolution

  4. None of these


Correct Option: B
Explanation:

A company can change its name at its own descretion by passing a special resolution.

The Charter of Rights and Freedoms contains a 'notwithstanding' clause, which allows the government to

  1. pass a law which conflicts with the Charter without amendment of the Constitution which automatically expires after 5 years

  2. pass a law which conflicts with the Charter without amendment of the Constitution

  3. pass a law which conflicts with the Charter provided approval of a majority of the government members is obtained

  4. pass a law which conflicts with the Charter for an indefinite period


Correct Option: A
Explanation:

(1) The Charter of Rights and Freedoms contains a 'notwithstanding' clause, i.e. to pass a law which conflicts with the Charter without amendment of the Constitution, which automatically expires after 5 years.

Private company limits the number of its members to

  1. 30

  2. 20

  3. 40

  4. 50


Correct Option: D
Explanation:

Private company limits the number of its members to 50.

The objective of CBD is to ensure

  1. conservation of biological diversity

  2. sustainable use of its components

  3. promotion of a fair and equitable sharing of the benefits from the utilisation of genetic sources

  4. All of the above


Correct Option: D
Explanation:

(4) The objective of CBD is to ensure conservation of biological diversity, sustainable use and promotion of benefits utilised from genetic sources.

Central and state pollution control boards have been established by the

  1. Environment (Protection) Act, 1986

  2. Air (Pollution and control of Pollution) Act, 1986

  3. Water (Prevention and control of Pollution) Act, 1974

  4. None of these


Correct Option: C
Explanation:

(3) Central and state pollution control boards have been established by the Water (Prevention and Control of Pollution) Act, 1974.

Which among the following has been enacted in line with the objectives of Stockholm conference, 1972?

  1. The Biological Diversity Act, 1972

  2. The National Environment Tribunal

  3. The Air (Pollution and control of Pollution) Act, 1981

  4. None of these


Correct Option: C
Explanation:

(3) The Air (Pollution and control of Pollution) Act, 1981 has been enacted in line with the objectives of Stockholm conference, 1972.

Find out the incorrect statement w.r.t “The National Green Tribunal”.

  1. The Tribunal is the sole adjudicator of all green laws.

  2. The Tribunal allows ‘any person aggrieved, including any representative body organisations to file application for the grant of relief.

  3. Adjudication by the green tribunal is final and no appeal is allowed.

  4. None of these


Correct Option: C
Explanation:

(3) Adjudication by the National Green Tribunal is final and no appeal is allowed.

A clickwrap agreement

  1. is the clickbox of "I agree"

  2. does not constitute acceptance

  3. can constitute a valid acceptance

  4. Both (1) and (3)


Correct Option: D
Explanation:

(4) A clickwrap agreement is the clickbox of "I agree" and can constitute a valid acceptance.

Which among the following is correct as to Environmental audit?

  1. Environmental audit is different from the audit approach practiced by the SAI

  2. The criteria is based on local and national standards, but not on global standards

  3. It is a systematic process of obtaining and evaluating information about environmental aspects.

  4. None of these


Correct Option: B
Explanation:

(2) Environmental audit is the criteria based on local and national standards, but not on global standards.

Cybersquatting

  1. involves registering a domain name to extort their later sale

  2. is prohibited by the US law

  3. is prohibited by the Canadian law

  4. Both (1) and (2)


Correct Option: D
Explanation:

(4) Cybersquatting involves registering a domain name to extort their later sale and is prohibited by the US law.

The most significant piece of legislation dealing with e-commerce is

  1. The Electronic Business Act

  2. The Personal Information Protection and Electronic Documents Act

  3. The Electronic Communications and Information Act

  4. The Information Act


Correct Option: B
Explanation:

(2) E-commerce mainly developes from the Personal Information Protection and Electronic Documents Act.

Documents which are not covered by the Personal Information Protection and Electronic Documents Act are

  1. wills and codicils

  2. power of attorneys

  3. negotiable instruments

  4. All of the above


Correct Option: D
Explanation:

(4) Documents which are not covered by the Personal Information Protection and Electronic Documents Act are wills and codicils, power of attorneys and negotiable instruments.

In the 1996 advisory opinion of the legality of the threat or use of nuclear weapons in armed conflict, the International Court of Justice held that the threat or use of nuclear weapons

  1. is legal under any circumstances they are resorted to in self-defence

  2. is illegal under any circumstances

  3. is legal if a state resorts to these weapons when it feels that its very survival is at stake, provided that such use of the weapons conforms 10 rules relating to self-defence and international humanitarian law

  4. is legal if resorted to against a state, which has persistently committed gross violations of human rights over its citizens


Correct Option: B
Explanation:

(2) In the 1996 advisory opinion of the legality of the threat or use of nuclear weapons in armed conflict, the International Court of Justice held that the threat or use of nuclear weapons is illegal under any circumstances.

The Personal Information Protection and Electronic Documents Act

  1. applies to all businesses and individuals

  2. relates to the collection of information on individuals for commercial activities

  3. no longer requires an individual's consent for collection of personal information

  4. applies to the personal health information only


Correct Option: B
Explanation:

(2) The Personal Information Protection and Electronic Documents Act relates to the collection of information on individuals for commercial activities.

Consider the following statements:

The right of self-defence can be invoked by a state when

  1. it is attacked by the armed forces of another state
  2. it has reason to believe than an attack is imminent
  3. a civilian aircraft registered in that state is shot down by another state
  4. it has evidence of the effect that another state aids, recruits, trains and sends terrorists and mercenaries on a significant scale across the border into the territory of the former

Which of the above statements are correct?

  1. 1 and 2

  2. 2 and 3

  3. 1 and 4

  4. 3 and 4


Correct Option: C
Explanation:

The right of self-defence can be invoked by a state when it is attacked by the armed forces of another state and it has evidence of the effect that another state aids, recruits, trains and sends terrorists and mercenaries on a significant scale across the border into the territory of the former.

Which of the following UN organs can take enforcement action in case of a threat to the peace of breach of peace?

  1. The Secretariat

  2. Economic and Social Council

  3. General Assembly

  4. Security Council


Correct Option: D
Explanation:

(4) The Security Council is one of the UN organs that can take enforcement action in case of a threat to peace or breach of peace.

The International Court of Justice exercises its contentious jurisdiction

  1. if parties to a dispute agree on the basis of a treaty

  2. if parties have accepted the court’s jurisdiction under the optional clause, Article 36(2) of the statute

  3. if the UN General Assembly requests an advisory opinion of the dispute

  4. whenever the court deems fit


Correct Option: C
Explanation:

(3) The International Court of Justice exercises its contentious jurisdiction if the UN General Assembly requests an advisory opinion of the dispute.

The following public officials are with restrictions in the practice of law, except

  1. senators

  2. city councilor

  3. retired justice

  4. congressmen


Correct Option: B
Explanation:

(2) City councilor is not restricted in the practice of law.

Which of the following member-states of the UN has been expelled under Article 6 or the UN Charter?

(a) Rawanda (b) Somalia (c) Indonesia (d) Yugoslavia

  1. 1 and 3

  2. 2 and 3

  3. 1 and 2

  4. 2 and 4


Correct Option: D
Explanation:

Somalia and Yugoslavia are the member states of the UN that have been expelled under Article 6 of the UN Charter.

A lawyer’s first duty is to the

  1. law

  2. state

  3. client

  4. court


Correct Option: D
Explanation:

(4) A lawyer's first duty is to the court.

The power of admission to the practice of law by the Supreme Court is a/an

  1. inherent power

  2. constitutional power

  3. lawful power

  4. significant power


Correct Option: B
Explanation:

(2) The power of admission to the practice of law by the Supreme Court is a constitutional power.

All of the following are remedies against the unauthorised practice of law, except

  1. declaratory relief

  2. petition for injunction

  3. contempt of the court

  4. mandamus


Correct Option: D
Explanation:

(4) Mandamus is a kind of writ and not available against an unauthorised practice of law.

Where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner. This relief is available in the Specific Relief Act under

  1. Section 6

  2. Section 11

  3. Section 9

  4. Section 8


Correct Option: C
Explanation:

Option (1) is incorrect: Section 6 of the Specific Relief Act deals with suit by persons dispossessed of immovable property. Option (2) is incorrect: Section 11 of the Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (3) is correct: This relief is available in the Specific Relief Act under Section 9. Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

A relief against parties and persons claiming under them by subsequent title, for specific performance of a contract, may be enforced under

  1. Section 12

  2. Section 19

  3. Section 18

  4. Section 8


Correct Option: B
Explanation:

Option (1) is incorrect: Section 12 of the Specific Relief Act deals with specific performance of a part of contract. Option (2) is correct: Section 19 of the Specific Relief Act talks about relief against parties and persons claiming under them by subsequent title. Option (3) is incorrect: Section 18 of the Specific Relief Act deals with non-enforcement, except with variation. Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Under Section 31 of the Specific Relief Act, the essential condition(s) under which cancellation of an instrument may be ordered is/are that

  1. the written instrument is void or voidable against the plaintiff

  2. the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding

  3. in view of the circumstances, the court considers it as reasonable and necessary to cancel the document

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: It is one of the essential conditions. Option (2) is incorrect: It is one of the essential conditions. Option (3) is incorrect: It is one of the essential conditions. Option (4) is correct: All are the essential conditions under Section 31 of the Specific Relief Act.

Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water or any other easement, which have been peaceably enjoyed without interruption for ______ shall be absolute and indefeasible if the property belongs to the government.

  1. 20 years

  2. 30 years

  3. 12 years

  4. 3 years


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water or any other easement, which have been peaceably enjoyed without interruption for 30 years shall be absolute and indefeasible if the property belongs to the government. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

Law of limitation is

  1. a procedural law

  2. a substantive law

  3. both procedural and substantive law

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Law of limitation doesn’t provide procedure to be followed by the court. Option (2) is correct: Law of limitation provides rights; so it is a substantive law. Option (3) is incorrect: Only substantive law Option (4) is incorrect: Option (2) is correct.

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