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Bar Council Mock - 10

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The amount of arbitral award unless the award otherwise directs carries interest

  1. @12%

  2. @18%

  3. @15%

  4. @ 13%

  5. None of these


Correct Option: B
Explanation:

(2) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen percent per annum from the date of the award to the date of payment.

Find the ground(s) on which an arbitral award can be set aside.

  1. The arbitral award deals with a dispute falling within the terms of the submission to arbitration.

  2. The arbitral award is in conflict with public policy of India.

  3. The arbitral procedure was not in accordance with the agreement of the parties.

  4. All of the above

  5. None of above


Correct Option: C
Explanation:

(3) An arbitral award can be set aside on the ground that the arbitral procedure was not in accordance with the agreement of the parties.

What is the time limit within which an application for setting aside must be filed before a court?

  1. 3 months from the date of the award

  2. 3 months from the date of receipt of the award by a party

  3. Either (1) or (2)

  4. No time limit

  5. None of these


Correct Option: D
Explanation:

(4) No time limit has been prescribed.

A private limited company having registered office at Delhi advances monies to another private limited company also at Delhi. Disputes and differences arise relating to the said transaction and parties agree to the arbitration at Mumbai by a retired judge of the Bombay High Court, who both trust. The arbitrator delivers an award at Mumbai. The private limited company which had advanced monies during the pendency of the arbitration proceedings also shiffts its registered office at Mumbai. The award dismisses the claims of the said private limited company. The challenge to the said award can be made

  1. only in the courts at Mumbai, where the arbitration award was pronounced

  2. only in the courts at Delhi

  3. either in the court at Mumbai or in the court at Delhi

  4. in the court at Mumbai also, but the Court at Mumbai will return the objection for filing in the court at Delhi, the challenge being to an award of the retired judge of the Bombay High Court


Correct Option: B
Explanation:

(2)  Only in the court at Delhi, where the cause of action arises or defendant resides. As defendant also resides in Delhi.

A voluntary confession is admissible in evidence

  1. when made to a police officer

  2. when made to a magistrate having competent jurisdiction

  3. when made to a village sarpanch with request to save him from police

  4. where it leads to no discovery of facts and is made to a police officer


Correct Option: B
Explanation:

Option (1) is incorrect: Confession made to a police officer, whether made voluntarily, is not deemed as made voluntarily. Hence, it is inadmissible. Option (2) is correct: Confession made before a magistrate having competent jurisdiction is admissible in evidence. Option (3) is incorrect: Confession made to a village sarpanch with request to save him from police is a confession made in lieu of promise. Hence, it is not made voluntarily and is inadmissible. Option (4) is incorrect: Confession made to a police officer, if leads to discovery of facts, is admissible in evidence.

In which of the following cases can secondary evidence of the contents of a document not be given?

  1. When the original is a public document

  2. When the original has been destroyed

  3. When the original has been found to be inadmissible

  4. When the original is not easily movable


Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 76 of the Indian Evidence Act, a secondary evidence can be given for public document in the form of certified copies. Option (2) is incorrect: Under the Indian Evidence Act, a secondary evidence can be given by a person who has himself seen it, where the original has been destroyed. Option (3) is correct: Where the original document in itself is inadmissible in evidence, secondary evidence cannot be admissible. Option (4) is incorrect: When the original is not easily movable, a secondary evidence can be given in any manner under Section 63 of the Indian Evidence Act.

Which of the following is not true about the mode of proof for a will?

  1. At least one attesting witness is to be examined.

  2. It is necessary to call any attesting witness if will has not been registered.

  3. No proof is required if it is admitted by an heir of the executant.

  4. Where attesting witness is not found, handwriting of attesting witness and signature of executant must be proved.

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Under the Indian Evidence Act, one attesting witness will always be required to be examined for the proof of a will. Option (2) is incorrect: Under the Indian Evidence Act, whether will is registered or not, one attesting witness will always be required to be examined for the proof of a will. Option (3) is correct: Under the Indian Evidence Act, whether it is admitted by the heir, at least one attesting witness will always be required to be examined for the proof of a will. Option (4) is incorrect: Under the Indian Evidence Act, if no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting and that the signature of the person executing the document is in the handwriting of that person. 

Under which provision of the Indian Evidence Act shall a court presume dowry death?

  1. Section 113(A)

  2. Section 114(B)

  3. Section 113(B)

  4. Section 114(A)


Correct Option: C
Explanation:

Option (1) is incorrect: Section 113(A) of the Indian Evidence Act deals with abetment of suicide by a married woman. Option (2) is incorrect: Section 114(B) of the Indian Evidence Act deals with presumption of existence of certain facts. Option (3) is correct: Section 113(B) of the Indian Evidence Act deals with presumption as to dowry death. Option (4) is incorrect: Section 114(A) of the Indian Evidence Act deals with presumption as to absence of consent in certain prosecutions for rape.

A person who is summoned to produce a document, when produces the document,

  1. becomes a witness

  2. is cross-examined by both the parties

  3. is cross-examined with the permission of the court

  4. does not become a witness and cannot be cross-examined unless and until he is called as a witness


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 139 of the Indian Evidence Act, a person summoned to produce a document does not become a witness by the mere fact that he produces it unless and until he is called as a witness.

Option (2) is incorrect: Under Section 139 of the Indian Evidence Act, 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 (3) is incorrect: Under Section 139 of the Indian Evidence Act, 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 correct: Under Section 139 of the Indian Evidence Act, 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. 

The question is whether A was ravished and thereafter murdered? The fact that without making a complaint, she said that she had been ravished is relevant

  1. as a conduct

  2. as a substantive evidence

  3. as a secondary evidence

  4. under Section 32(1) or Section 157 of the Indian Evidence Act


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 8 of the Indian Evidence Act, if A would have made a complaint after being ravished, then it becomes relevant as a conduct. Option (2) is incorrect: Under Section 8 of the Indian Evidence Act, it is not relevant as a substantive piece of evidence. Option (3) is incorrect: Secondary evidence is always given as a proof of a document. It is not relevant. Option (4) is correct: Here, A, without making a complaint said that she had been ravished. It may be relevant as a dying declaration under Section 32, clause (1) or as corroborative evidence under Section 157. 

A is accused of the murder of B by beating him. Which of the following is not admissible as evidence?

  1. Whatever was said by A or B or by slanders at the time of beating.

  2. A has an intention for murder of B.

  3. Marks on the ground of struggle between A to B.

  4. A is a man of bad character.

  5. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: Whatever said by A or B or slanders is relevant as facts are the occasion of relevant facts.

Option (2) is incorrect: A’s intenion is relevant and admissible.

Option (3) is incorrect: 'Marks on the ground are the effects of the struggle' is relevant and admissible. Option (4) is correct: The character of a person is not relevant to adjudicate on the matter.

 

Pigeon-hole theory was propounded by

  1. Salmond

  2. Austin

  3. Winfield

  4. Clerk and Lindsell

  5. Blackstone


Correct Option: A
Explanation:

(1) The propounder of “Pigeon-hole theory” is Salmond.

Even though emergency is proclaimed, the enforcement of which of the following rights through courts cannot be suspended?

  1. Articles 14, 19 and 21

  2. Articles 20, 21 and 22

  3. Articles 19 and 21

  4. Articles 20 and 21

  5. Articles 14 and 21


Correct Option: D
Explanation:

Articles 20 and 21 cannot be suspended.

A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant

  1. because it proves harming A's reputation

  2. as it is necessary to explain the fact in issue

  3. because it proves A's intention to harm B's reputation

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Under the Indian Evidence Act, harm is the consequence of defamation. It is not relevant in evidence. Option (2) is incorrect: Under the Indian Evidence Act, facts in the given situation are not necessary to explain the fact in issue. Option (3) is correct: Under the Indian Evidence Act, it is relevant because the facts are proving A’s intention to harm B’s reputation.

The members of the UPSC are appointed by the

  1. Cabinet

  2. Chief Justice of India

  3. Prime Minister of India

  4. President of India

  5. Speaker of Lok Sabha


Correct Option: D
Explanation:

Option (1) is incorrect: The Cabinet cannot appoint the chairman and members of the UPSC. Option (2) is incorrect: The Chief Justice of India cannot appoint the chairman and members of the UPSC. Option (3) is incorrect: The Prime Minister of India cannot appoint the chairman and members of the UPSC. Option (4) is correct: The chairman and members of the UPSC are appointed by the President of India.

Identify the jurist who defined law as "the form of guarantee of the conditions of life of society, assured by the states' power of constraint".

  1. Roscoe Pound

  2. Holmes

  3. Ihering

  4. Salmond

  5. Winfield


Correct Option: C
Explanation:

(3) Ihering defined law as "the form of guarantee of the conditions of life of society, assured by the states' power of constraint".

‘Limits of Jurisprudence Defined’ is written by

  1. Jeremy Bentham

  2. John Austin

  3. T. E. Holland

  4. H. L. A. Hart

  5. Salmond


Correct Option: A
Explanation:

(1) 'Limits of Jurisprudence Defined’ is written by Jeremy Bentham.

The court which has jurisdiction over election disputes under Section 80 of the Representation of People Act, 1951 is

  1. Supreme Court

  2. High Court

  3. District Court

  4. Election Tribunal


Correct Option: B
Explanation:

Option (1) is incorrect: Supreme court doesn’t try cases of its original, advisory and appellant jurisdiction. Option (2) is correct: The Court having jurisdiction to try an election petition shall be the High Court Option (3) is incorrect: District court doesn’t have such jurisdiction under the provisions of law. Option (4) is incorrect: Election Tribunal doesn’t have such jurisdiction under the provisions of law.

In which of the following cases has the Supreme Court condemned cruelty or torture during police custody as being violative of Article 21?

  1. Francis Coralie Vs. Union of Territory of Delhi

  2. Menaka Gandhi Vs. Union of India

  3. P. Rethiram Vs. Union of India

  4. Olga Tellis Vs. Bombay Municipal Corporation

  5. None of these


Correct Option: A
Explanation:

Francis Coralie Vs. Union of Territory of Delhi

On whose recommendation does the financial distribution between the 'Union' and 'States' take place?

  1. The Finance Commission

  2. The National Development Council

  3. The Planning Commission

  4. The Inter-State Council

  5. The President of India


Correct Option: A
Explanation:

The Finance Commission constituted under Article 280 of the Constitution, which is mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves.

If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim

  1. shall be stayed

  2. nevertheless be proceeded with

  3. may be continued with the leave of the High court

  4. No specific provision


Correct Option: B
Explanation:

Option (1) is incorrect: Shall not be stayed

Option (2) is correct: Under Order VIII, Rule 6D of the CPC, if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.  Option (3) is incorrect: Can never be continued even with the leave of the High Court

Any objection to answering any interrogatory may be taken on the ground that it is

  1. irrelevant

  2. scandalous

  3. not exhibited bona fide

  4. All or any of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (2) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (3) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer. Option (4) is correct: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

 

On which of the following grounds can an aggrieved person not apply for a review of an order or judgement of a Civil Court?

  1. A decree or order from which an appeal is allowed, but from which no appeal has been preferred

  2. A decree or order passed in the absence of the aggrieved person

  3. A decree or order from which no appeal is allowed

  4. A decision on a reference from a court of small cause


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred. Option (2) is correct: An aggrieved person cannot apply for a review of an order or judgement of a Civil Court by a decree or order is passed in the absence of the aggrieved person.

Option (3) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which no appeal is allowed. Option (4) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decision on a reference from a court of small cause.
 

Period of detention in civil imprisonment, as a consequence of disobedience or breach of any injunction, shall not exceed

  1. one month

  2. three months

  3. six months

  4. one year


Correct Option: B
Explanation:

Option (1) is incorrect: In case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (2) is correct: Under Order XXXIX, Rule 2A of the CPC, in the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (3) is incorrect: In the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months. Option (4) is incorrect: In the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted, the court shall

  1. dismiss the whole suit

  2. dismiss the suit so far as it relates to the remainder

  3. pass the decree of the whole claim

  4. proceed ex-parte (proceedings) against the defendant


Correct Option: B
Explanation:

Option (1) is incorrect: The court shall not dismiss the whole suit.

Option (2) is correct: Under Order IX, Rule 8 of the CPC, where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the court shall make an order that the suit be dismissed and where part only of the claim has been admitted, the court then shall dismiss the suit so far as it relates to the remainder.

Option (3) is incorrect: The court shall not pass the decree of the whole claim. Option (4) is incorrect: The court shall not proceed ex-parte (proceedings) against defendant.

Which of the following statements is correct in relation to subagent?

  1. He is employed by the principal in the business of the agency.

  2. He is employed by the original agent in the business of the agency.

  3. He acts under the control of the principal.

  4. The agent is not responsible to the principal for the acts of the subagent.


Correct Option: B
Explanation:

Option (1) is incorrect: He is appointed by the original agent of the business. Option (2) is correct: Subagent is an agent of original agent in the business of agency. Option (3) is incorrect: He acts under the control of original agent. Option (4) is incorrect: The agent is fully responsible to the principal for the acts of subagent.

Tender is

  1. an offer

  2. an invitation to offer

  3. a counter-offer

  4. a promise


Correct Option: B
Explanation:

Option (1) is incorrect: An offer is always by one party to another. Option (2) is correct: Tender means a type of quotation offering lowest price for supply of some goods or services or job works. It is an invitation to offer. Option (3) is incorrect: It is not a counter-offer.  Option (4) is incorrect: An offer when accepted becomes a promise.

A agrees to sell to B hundred tons of oil. There is nothing to show what kind of oil was intended. The agreement is

  1. voidable

  2. void

  3. enforceable

  4. valid but unenforceable

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The agreement is completely void for uncertainty of kind of oil. Option (2) is correct: The agreement is void for uncertainty of kind of oil. Option (3) is incorrect: The agreement is not enforceable in the court of law.

A contract is not frustrated by

  1. commercial impossibility

  2. imposition of government restriction or order

  3. destruction of subject matter of contract

  4. death or incapability of party when contract is of the personal services


Correct Option: A
Explanation:

Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility. Option (2) is incorrect: A contract stands frustrated by imposition of government restriction. Option (3) is incorrect: A contract stands frustrated by destruction of subject matter. Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.

Which of the following is incorrect?

  1. The legal implication of the bank guarantee and letter of credit are the same.

  2. Bank guarantee can also take the shape of performance bond.

  3. Certification of breach is not enough in terms of bank guarantee.

  4. None of these


Correct Option: C
Explanation:

(3) Certification of breach is enough in terms of bank guarantee.

All government contracts made in exercise of the executive power of the union shall be expressed to be made by the President under

  1. Article 297 of the Constitution of India

  2. Article 280 of the Constitution of India

  3. Article 299 of the Constitution of India

  4. None of these


Correct Option: C
Explanation:

(3) All government contracts made in exercise of the executive power of the union shall be expressed to be made by the President under Article 299 of the Constitution of India.

A complaint against an offence under Section 138 of the Negotiable Instrument Act, 1881

  1. must be in writing (Section 142)

  2. must be oral (Section 142)

  3. may be oral or in writing (Section 142)

  4. must be in writing containing a declaration by the drawee that he consents to such filing of the complaint (Section 142)

  5. None of these


Correct Option: A
Explanation:

(1) A complaint against an offence under Section 138 of the Negotiable Instrument Act, 1881 must be in writing.

A bank receives a cheque for collection from its customer. Bank gives credit before collection of the cheque. It also allows the customer to withdraw the amount. In such case, the

  1. bank is holder

  2. bank is holder for value

  3. bank becomes holder in due course

  4. bank is representative of the drawer

  5. None of above


Correct Option: B
Explanation:

(2) Legal term for an original or any subsequent holder of a negotiable instrument who has accepted it in good-faith and has exchanged something valuable for it, i.e holder for value.

A instigates B to murder C. B refuses to do so. Which of the following is true in context of the given situation?

  1. B is guilty of abetment.

  2. A is guilty of abetment of murder.

  3. A and B both are guilty of abetment.

  4. None of these


Correct Option: B
Explanation:

Option (2) is correct: A is guilty of abetment of murder under Section 106. B is not guilty of any offence.

X knows that Y is suffering from a disease in his head and also knows that if a blow is given to Y on his head, it is likely to cause his death. X gives a fist blow to Y on his head. Y died. X is

  1. guilty of culpable homicide not amounting to murder

  2. guilty of murder

  3. guilty of causing hurt

  4. guilty of no offence as in ordinary circumstances, that blow is not sufficient to cause death of a person of normal health


Correct Option: B
Explanation:

Option (2) is correct: Culpable homicide is murder if it is done with the intention of causing such bodily injury as the offender knows that it is likely to cause the death of the person to whom the harm is caused.

A, without any excuse, fires a gun shot into a crowd of persons and kills two of them. A is guilty of

  1. murder under Section 302

  2. causing death by negligence under Section 304(A)

  3. culpable homicide not amounting to murder under Section 304

  4. no offence


Correct Option: A
Explanation:

Option (1) is correct: A is guilty of murder under Section 302, although he may not have had a premeditated design to kill any particular individual.

'A' threatens to publish a defamatory libel concerning 'B' unless 'B' gives him money. He induces 'B' to give him money. 'A' has committed

  1. extortion

  2. defamation

  3. criminal intimidation

  4. robbery


Correct Option: A
Explanation:

Option (1) 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 (2) is incorrect: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Option (3) is incorrect: Whoever, threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act, which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits 'criminal intimidation'. Option (4) is incorrect: Robbery is when a person commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person and by so putting in fear induces the person to deliver up the thing extorted.

A, a magistrate, is making report to a superior officer about B's character imputation made in good faith and for public good. A commits

  1. an offence under Section 500 of the IPC

  2. an offence under Section 501 of the IPC

  3. no offence as it is within the exception under Section 499 of the IPC

  4. an offence under Section 504 of the IPC


Correct Option: C
Explanation:

Option (3) is correct: Exception under Section 499 states 'It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good'.  Here, if the imputation is made in good faith, and for the public good, then A is within the exception.

Under Hindu Marriage Act, ‘Condonation’ applies to the matrimonial offence of

  1. adultery

  2. cruelty

  3. desertion

  4. Both (1) and (2)


Correct Option: C
Explanation:

Under Hindu Marriage Act, desertion means abandonment of one spouse by the other without the other's consent and reasonable cause."Condonation" applies only to the act of desertion under Hindu Marriage Act, 1955.

A makes an attempt to steal some jewels by breaking open a box and finds no jewel in it. A is guilty of attempt of theft. What punishment may be awarded to him?

  1. The same punishment as for theft should be awarded.

  2. One-half of the term of imprisonment provided for the offence of theft or with such fine as provided for the offence or with both.

  3. Express provision is provided for punishment 'Attempt to Theft' in the Indian Penal Code.

  4. Only fine should be awarded.


Correct Option: B
Explanation:

Option (2) is correct: Section 511 states that whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Which of the following theories is/are the outcome of a fundamental shift in the policy discernible from the judicial recognition of the view that the purpose of divorce law was not to punish the guilty, but to protect the innocent spouse?

  1. Fault theory

  2. Consent theory

  3. Breakdown theory

  4. Both (2) and (3)


Correct Option: D
Explanation:

Both consent and breakdown theories

Which of the following is a remedy in an action for nuisance in tort?

  1. Private defence

  2. Habeas corpus

  3. Abetment

  4. Specific restitution of property


Correct Option: A
Explanation:

Option (1) is correct: Private defence is a valid defence to an action for nuisance that the said nuisance is under the terms of grant.

What is the maximum number of members that a state consumer protection council can have?

  1. 2

  2. 5

  3. 10

  4. 3


Correct Option: C
Explanation:

(3) The number of members of state consumer protection council should not exceed ten.

Malice in law means

  1. wrongful act done intentionally without just cause or excuse

  2. wrongful act done intentionally with just cause and excuse

  3. wrongful act done intentionally with good motive

  4. wrongful act done intentionally with evil motive

  5. None of the above


Correct Option: A
Explanation:

Option (1) is correct: Malice in law means act done with ill-will against a person.

Who is the chairman of the district consumer protection council?

  1. District magistrate

  2. Collector of the district

  3. MP of the district

  4. Judicial Magistrate

  5. None of these


Correct Option: B
Explanation:

(2) The chairman of the district consumer protection council is the collector of the district.

A driver driving a vehicle in a public place without a licence is liable for

  1. non seizure of vehicle

  2. seizure of vehicle

  3. issue of warning notice

  4. None of these


Correct Option: C
Explanation:

(3) Driver driving a vehicle in a public place without a licence is liable for issue of warning notice.

When you approach a barrier, it is

  1. obligatory to stop the vehicle

  2. mandatory to stop the vehicle

  3. caution to stop the vehicle

  4. All of the above


Correct Option: C
Explanation:

(3) When you approach a barrier, it is caution to stop the vehicle.

The term "same work or work of a similar nature” is mentioned in the

  1. Equal Remuneration Act, 1976

  2. Maternity Benefit Act, 1961

  3. Industrial Employment (Standing Orders) Act, 1946

  4. Child Labour (Prohibition and Regulation) Act, 1986

  5. All of the above


Correct Option: A
Explanation:

(1) The term "same work or work of a similar nature” is mentioned in the Equal Remuneration Act, 1976.

Which of the following enactments stipulate(s) for nursing break to woman employees?

  1. Equal Remuneration Act, 1976

  2. Maternity Benefit Act, 1961

  3. Apprentices Act, 1961

  4. The Child Labour (Prohibition and Regulation) Act, 1986

  5. Both (1) and (2)


Correct Option: B
Explanation:

(2) Provision for nursing break to woman employees is laid down under Maternity Benefit Act, 1961.

Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/ contractor in which _______ workmen are employed or were employed on any day of the preceding twelve months as contract labour.

  1. 10 or more

  2. 15

  3. 20 or more

  4. 25 or more


Correct Option: C
Explanation:

(3) Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/ contractor in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.

Unfair labour practices mean any of the practices specified in the

  1. Fourth Schedule of the Industrial Disputes Act

  2. Fifth Schedule of the Industrial Disputes Act

  3. Sixth Schedule of the Industrial Disputes Act

  4. Third Schedule of the Industrial Disputes Act


Correct Option: B
Explanation:

(2) Unfair labour practices mean any of the practices specified in the Fifth Schedule of the Industrial Disputes Act.

What is triple bottom line?

  1. An accounting tool that looks at the impact on people, planet and profits

  2. A management strategy which states all the attention should be on profits

  3. An accounting tool that looks at cost, profit and loss

  4. A management strategy which focusses on corporate social responsibility


Correct Option: A
Explanation:

(1) An accounting tool that looks at the impact on people, planet and profits is called triple bottom line.

In which of the following cases did the Supreme Court hold that there was no rule of thumb that in every case of termination of workman’s service in violation of Section 25F of ID Act relief of re-instatement should be granted?

  1. Talwara Co-operative Credit & Service Society Ltd. Vs. Sushil Kumar (2009) I LLJ 326 S.C.

  2. Gujarat Steel Tubes Ltd. Vs. G.S.T. Mazdoor Sabha (1980) I LLJ 137 (S.C.)

  3. Mavji C. Lakum Vs. Central Bank of India (2008) III LLJ.1.(SC)

  4. None of these


Correct Option: D
Explanation:

(4) In General Manager, Haryana Roadways v. Rudhan Singh, 2005, Court observed that there is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the termination of service was in violation of Section 25-F of the Act, entire back wages should be awarded.

Why do alternative organisations run differently from conventional shareholder led approach?

  1. They do not have shareholders.

  2. They are run in non-hierarchical ways which aim to provide a positive impact on society rather than to make profit.

  3. They prioritise corporate social responsibility.

  4. They aim to give money to charities and good causes.


Correct Option: B
Explanation:

(2) Alternative organisations run differently from conventional shareholder led approach to are run in non-hierarchical ways which aim to provide a positive impact on society rather than to make profit.

Directions: Read the given statements and choose the correct option.

Assertion (A): Strike is individual stoppage of work to press management to get more pay. Reason (R): An individual has fundamental right of strike.

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

  2. (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) and (R) are false.

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

  5. (A) and (R) are true.


Correct Option: D
Explanation:

(4) A work stoppage means the concerted refusal of employees to perform work that their employer has assigned to them in order to force the employer to grant certain demanded concessions, such as increased wages or improved employment conditions. But right to strike is not a fundamental right.

If a company was incorporated before 1984, then it is a/an

  1. holding company

  2. subsidiary company

  3. existing company

  4. associated company

  5. None of these


Correct Option: C
Explanation:

(3) If a company was incorporated before 1984, then it is an existing company.

The Supreme Court invalidated a "legislative veto" in INS v. Chadha (1983). Has this decision significantly hampered efforts in Congress to control the work of federal administrative agencies?

  1. No, because the Chadha opinion spoke only about a rarely-used "committee veto" and left in place any one-house or two-house vetoes.

  2. Yes, because there are too many agencies for Congress to effectively monitor their budgets.

  3. No, because Chadha only applied to legislative meddling in what was essentially an adjudication about an individual’s immigration status.

  4. No, because Congress still passes legislation restricting agency spending and limiting their authority to make rules on certain subjects.


Correct Option: D
Explanation:

No, because Congress still passes legislation restricting agency spending and limiting their authority to make rules on certain subjects.

In Schecter Poultry Corp. v. United States (1935), the Supreme Court overturned the conviction of a poultry dealer who had allegedly engaged in illegal sales practices. What would you say was the most important problem with the statute or prosecution in Schecter?

  1. There was insufficient evidence that Schecter had selected particular chickens to suit particular customers.

  2. The statute did not create an "intelligible principle" to guide the agency in its definition of the statutory phrase "fair competition."

  3. Congress attempted in that statute to delegate to an administrative agency the power to define criminal conduct.

  4. The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.


Correct Option: D
Explanation:

The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.

Does federal law prohibit ex parte communications from private parties to administrative agency employees who are deciding whether to adopt a rule during notice-and-comment rulemaking proceedings?

  1. Yes, because a reviewing court must have an adequate record before deciding whether an agency had adequate support for its rule.

  2. No, because section 53 is silent on the question of ex parte contracts.

  3. Yes, but only when the rulemaking resolves competing claims among a small group of claimants to a valuable governmental benefit.

  4. No, so long as the agency can demonstrate that the comment dealt only with policy questions and did not introduce new data.


Correct Option: B
Explanation:

No, because section 53 is silent on the question of ex parte contracts.

A company limited by shares means a company having the liability of its members

  1. limited to the amount, if any, unpaid on the shares respectively held by them

  2. unlimited to the amount, if any, unpaid on shares respectively held by them

  3. as specific liability

  4. No such liability is there

  5. None of these


Correct Option: A
Explanation:

(1) Company limited by shares means a company having the liability of its members limited to the amount, if any, unpaid on the shares respectively held by them.

Debentures are

  1. debt securities

  2. equity securities

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

(3) Debentures are debt securities and equity securities both.

Any person occupying the position of a director is

  1. not director

  2. director

  3. chief executive

  4. officer

  5. None of above


Correct Option: B
Explanation:

(2) Any person occupying the position of a director is a director of company.

The EPA contains

  1. 25 sections

  2. 12 sections

  3. 26 sections

  4. 14 sections


Correct Option: C
Explanation:

(3) The EPA contains 26 sections.

NGO stands for

  1. Non-Governmental Organisation

  2. Nine-Governmental Organisation

  3. Non-Gained Organisation

  4. National-Grade Organisation


Correct Option: A
Explanation:

(1) Non-Governmental Organisation

Women population in the world is almost

  1. half

  2. one-forth

  3. one-third

  4. one fifth

  5. None of above


Correct Option: A
Explanation:

 Women population in the world is almost half.

Litrate women can help in

  1. reducing infant mortality rate

  2. reducing population growth

  3. promoting female children education

  4. All of the above


Correct Option: D
Explanation:

(4) Litrate women can help in reducing infant mortality rate, population growth, and in promoting female children education.

Meeting of the needs of the present without compromising the ability of future generations to meet their own needs is called

  1. waste management

  2. sustainable development

  3. clean development mechanism

  4. forest management strategy


Correct Option: B
Explanation:

(2) Meeting of the needs of the present without compromising the ability of future generations to meet their own needs is called sustainable development.

Programs that multiply like viruses, but spread from computer to computer are called

  1. worms

  2. viruses

  3. boots

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

(1) Programs that multiply like viruses, but spread from computer to computer are called worms.

According to a report on crimes in India in 2011 published by the National Crime Records Bureau, the largest number of cyber crimes were registered in

  1. Maharashtra

  2. Uttar Pradesh

  3. Karnataka

  4. Andhra Pradesh


Correct Option: A
Explanation:

(1) According to a report on crimes in India in 2011 published by the National Crime Records Bureau, the largest number of cyber crimes were registered in Maharashtra.

The process of transforming plain text to unreadable scrambled text is called

  1. encryption

  2. decryption

  3. cryptography

  4. ergonomics


Correct Option: A
Explanation:

(1) Process of transforming plain text to unreadable scrambled text is encryption.

______ is a type of cyber crime that occurs in pay per click online advertising when a person, automated script or computer program imitates a legitimate user of a web browser by clicking on an ad for the purpose of generating a charge per click without having actual interest in the target of the ad’s link.

  1. Phishing

  2. Zombie

  3. Click fraud

  4. None of these


Correct Option: C
Explanation:

(3) Click fraud is a type of cyber crime that occurs in pay per click online advertising when a person, automated script or computer program imitates a legitimate user of a web browser by clicking on an ad for the purpose of generating a charge per click without having actual interest in the target of the ad’s link.

Which of the following domestic laws of a country is illegal under International Law?

  1. A law declaring an act of a citizen illegal, regardless of the place where it is committed

  2. A law declaring a contract between a national and foreigner concluded within the country, illegal

  3. A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries

  4. Law declaring illegal an act on board a national aircraft or a national vessel


Correct Option: C
Explanation:

(3) A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries is illegal under International Law.

Directions: Read the given statements and choose the correct option.

Assertion (A): International Law is a weak legal system of jurisprudence. Reason (R): International Law has no enforcement mechanism.

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

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

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: C
Explanation:

(3) International Law is a weak legal system of jurisprudence, but it can be enforced through proper mechanism.

A diplomat of State A accredited to State B while returning to his national state (State A) upon completion of his diplomatic assignment kills his wife in the toilet of an aircraft in flight. The aircraft is registered in State D. In this case, which of the following states shall have jurisdiction to try the diplomat?

  1. State A

  2. State B

  3. State C

  4. State D


Correct Option: A
Explanation:

(1) State A has the jurisdiction to try the diplomat.

Which of the following is not a vicarious liability?

  1. Liability of principal for the tort of his agent

  2. Liability of partners for each others’ tort

  3. Liability of master for the tort of his servant

  4. Liability of parents for the tort of children


Correct Option: D
Explanation:

Option (4) is correct: There must be a fiduciary relationship between the persons for the application of concept of vicarious liability. No such relation is there between parents and children.

Directions: Read the given statements and choose the correct option. Assertion (A): International Law does not recognise a unilateral right of humanitarian intervention by a state against another state which has committed violations of human rights. Reason (R): The principles of sovereign equality, non-intervention and prohibitions of force do not permit unilateral coercive action by a state except in self-defence.

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

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

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: A
Explanation:

(1) International Law does not recognise a unilateral right of humanitarian intervention by a state against another state which has committed violations of human rights except in self-defence.

Directions: Read the given statements and choose the correct option.

Assertion (A): General Assembly resolutions may sometimes have normative value. Reason (R): In appropriate cases, the General Assembly resolutions constitute evidence of opinio juris.

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

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

  3. A is true, but R is false.

  4. A is false, but R is true.


Correct Option: A
Explanation:

(1) General Assembly resolutions may sometimes have normative value and its resolutions constitue opinio juris.

Directions: Read the given statements and choose the correct option.

First statement: Impeachment proceedings against Supreme Court Justices are penal in nature. Second statement: In the judiciary, only Supreme Court Justices are subject to impeachment.

  1. Only first statement is correct.

  2. Only second statement is correct.

  3. Both statements are correct.

  4. Both statements are not correct.


Correct Option: B
Explanation:

(2) Impeachment proceedings against Supreme Court are not penal in nature. Imeachment is in the hands of Supreme Court.

The temporary withholding of a lawyer’s right to practice his profession as a lawyer for a certain period or for an indefinite period of time is called

  1. suspension

  2. reprimand

  3. admonition

  4. warning


Correct Option: A
Explanation:

(1) The temporary witholding of a lawyer's right to practise his profession as a lawyer for a certain period or for an indefinite peiod of time is called suspension.

A fee payable not to the lawyer but to the client, unless there is an agreement that the award shall pertain to the lawyer as an additional compensation, is

  1. ordinary fee

  2. extraordinary fee

  3. attorney’s fee

  4. general retainer


Correct Option: B
Explanation:

(2) A fee payable not to the lawyer but to the client, unless there is an agreement that the award shall pertain to the lawyer as an additional compensation, is an exraordinary fee.

One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court or tending to belittle, degrade, obstruct, interrupt or embarrass the court is

  1. direct contempt

  2. indirect contempt

  3. civil contempt

  4. criminal contempt


Correct Option: B
Explanation:

(2) It is an indirect contempt of court.

Which of the following sections of the Code of Criminal Procedure, 1973 deals with the High Court's power of revision?

  1. Section 395

  2. Section 401

  3. Section 399

  4. Section 396


Correct Option: B
Explanation:

Option (1) is incorrect: Section 395 of the CrPC provides reference to the High Court. Option (2) is correct: Section 401 of the CrPC provides the High Court's powers of revision. Option (3) is incorrect: Section 399 of the CrPC deals with Sessions Judge's powers of revision. Option (3) is incorrect: Section 396 of the CrPC states disposal of a case according to the decision of the High Court.

Under which of the following sections of the Code of Criminal Procedure, 1973 has the term 'offence' been defined?

  1. Section 40

  2. Section 2(n)

  3. Section 2(w)

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Section 40 of the CrPC deals with duty of officers employed in connection with the affairs of a village to make certain report. Option (2) is correct: Section 2(n) of the CrPC defines the term 'offence'. Option (3) is incorrect: Section 2(w) of the CrPC defines 'summons case'.

Compounding of offence under the provisions of the Code of Criminal Procedure results in the

  1. acquittal of the accused

  2. discharge of the accused

  3. acquittal of the accused only if the charges have been framed

  4. discharge of the accused only if the charges have been framed

  5. acquittal or discharge of the accused


Correct Option: A
Explanation:

Option (1) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Option (2) is incorrect: Discharge cannot be made under Section 320 because compounding is always after framing of charges.

Option (3) is incorrect: Acquittal is always after framing of charges and taking in consideration the evidences. Option (4) is incorrect: Discharge is always after framing of charges.

Section 164 of the Code of Criminal Procedure provides a special procedure for recording of

  1. confessions

  2. statements made during the course of investigation

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

  4. examination of witnesses by police


Correct Option: C
Explanation:

Option (1) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (2) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (3) is correct: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. Option (4) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. 

Before being summoned, an accused has

  1. a right to participate in the proceeding

  2. no right to participate in the proceeding

  3. no rights at all

  4. a right to watch the proceedings, but cannot participate

  5. a right to have the documents, but cannot particpate


Correct Option: A
Explanation:

Before being summoned, the accused has got a right to participate in the proceeding.

Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are

  1. cognizable and non-bailable

  2. non-cognizable and bailable

  3. cognizable and bailable

  4. non-cognizable and non-bailable


Correct Option: A
Explanation:

Option (1) is correct: Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are deemed as cognizable and non-bailable.

Option (2) is incorrect: No such provision.

Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

  2. in which the court in first instance shall issue a warrant of arrest against the accused

  3. relating to an offence punishable with imprisonment for a term not exceeding 2 years

  4. relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years

  5. in which a police officer can arrest without warrant


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision

Option (3) is incorrect: It is a case of summons case. Option (4) is correct: Under Section 2(x) of the Code of Criminal Procedure, a warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Who can make rules or give special orders from time to time, consistent with the CrPC, as to the distribution of business among the Subordinate Judicial Magistrate?

  1. Executive Magistrate

  2. District Magistrate

  3. Additional District and Sessions Judge

  4. Chief Judicial Magistrate


Correct Option: D
Explanation:

Option (1) is incorrect: Executive Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (2) is incorrect: District Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (3) is incorrect: Additional District and Sessions Judge give cannot distribute business among the Subordinate Judicial Magistrates. Option (4) is correct: Under Section 15(2) of the CrPC, the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Who may claim for maintenance under Section 125 of the CrPC?

  1. Wife who has her own source of income

  2. Illegitimate minor child

  3. Stepson or daughter

  4. Brother and sister


Correct Option: B
Explanation:

Option (1) is incorrect: Wife who has her own source of income cannot claim maintenance under Section 125 of the CrPC. Option (2) is correct: Under Section 125(1)(b), a legitimate or illegitimate minor child, whether married or not, and unable to maintain himself/herself, can claim maintenance. Option (3) is incorrect: Stepson or daughter cannot claim maintenance under Section 125 of the CrPC. Option (4) is incorrect: Brother and sister cannot claim maintenance under Section 125 of the CrPC.

The maximum term of imprisonment awardable in a summary trial is

  1. three months

  2. six months

  3. one year

  4. two years


Correct Option: A
Explanation:

Option (1) is correct: Under Section 262 of the CrPC, no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial. Option (2) is incorrect: No such provision. Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Section 52 of the Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of a property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is

  1. false

  2. true

  3. partly true

  4. Cannot be determined


Correct Option: B
Explanation:

Section 52 - Transfer of property pending suit relating thereto: During the pendency in any court having authority within the limits of India (excluding the State of Jammu and Kashmir Government or established beyond such limits) by the Central Government of any suit or proceedings, which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding. Thus it is true and option (2) is correct.

Which of the following is not a condition for a valid gift of immovable property?

  1. Registered instrument signed on behalf of the donor

  2. Consideration

  3. Attestation by at least two witnesses

  4. Acceptance of gift by donee during the lifetime of the donor


Correct Option: B
Explanation:

The maxim of ‘No consideration, no contract’ is not applicable for gift. The other conditions are required. Thus (2) is the correct option as consideration is not required.

What would be the status of a lessee of an immovable property on the expiry of a fixed term lease if he continues possession?

  1. Unauthorised occupant

  2. Tenant of holding over

  3. Tenant of sufferance

  4. Licensee


Correct Option: B
Explanation:

Since the fixed period for lease has been over, so the lessee will be called tenant of holding over. He is no more the licensee as the period of lease has been over. Tenant of sufferance means the lease period has not been over but the owner is demanding to vacate the lease.

The definition of ‘Sale’ is contained in the Transfer of Property Act, 1882 in Section

  1. 105

  2. 100

  3. 54

  4. 91

  5. None of these


Correct Option: C
Explanation:

Section 105 contains the provision of lease. Section 100 contains the provisions of charges. Section 54 contains the provisions of sale. Thus, (3) is the correct option. 

Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under

  1. Section 21

  2. Section 32

  3. Section 42

  4. Section 40


Correct Option: B
Explanation:

Option (1) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases. Option (2) is correct: Section 32 of the Act states that where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. Option (3) is incorrect: Section 40 of the Act states about injunction to perform negative agreement. Option (4) is incorrect: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction.

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: Specific performance of contract is allowed where compensation is not the adequate relief.

Which of the following sections under Specific Relief Act deals with specific performance with variation?

  1. Section 18

  2. Section 19

  3. Section 20

  4. Section 21


Correct Option: A
Explanation:

Option (1) is correct: Section 18 of Specific Relief Act deals with non-enforcement except with variation. Option (2) is incorrect: Section 19 of Specific Relief Act deals with relief against parties and persons claiming under them by subsequent title. Option (3) is incorrect: Section 20 of Specific Relief Act provides discretion as to decreeing specific performance. Option (4) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases.

The specific performance of a contract shall be sought within __________ from the date fixed for the performance or if no such date is fixed, when the plaintiff has noticed that performance is refused.

  1. 1 year

  2. 3 years

  3. 12 years

  4. 20 years


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Article 54 of Limitation Act, the specific performance of a contract shall be sought within 3 years from the date fixed for the performance. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

For an account and a share of profits of a dissolved partnership, the period of limitation is _______ from the date of dissolution.

  1. 2 years

  2. 3 years

  3. 12 years

  4. 30 years

  5. 6 months


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Article 5 of Limitation Act, the period of limitation for an account and a share of profits of a dissolved partnership is 3 years. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision 

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