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Bar Council Mock - 2

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Newspaper report about any matter is which of the following kinds of evidence?

  1. Hearsay

  2. Circumstantial

  3. Primary

  4. Secondary


Correct Option: A
Explanation:

Hearsay evidence is that which has been derived by other person. In case of hearsay evidence, the person giving evidence does not take the responsibility of its veracity. Newspaper report about any matter is hearsay evidence. 

If an arbitration agreement is in the form of an arbitration clause and the contract is held to be void, then the

  1. contract being void, the arbitration clause is also void

  2. arbitration clause will stand or ball on its own

  3. Neither (1) nor (2)

  4. None of these


Correct Option: A
Explanation:

As the contract is void, the arbitration clause is also void. Arbitration clause would not operate.

A disputed handwriting can be proved by

  1. calling an expert

  2. examining a person acquainted with the handwriting of the writer of the questioned document

  3. comparison of the two admitted and disputed documents

  4. All of the above


Correct Option: D
Explanation:

A disputed handwriting can be proved by any of the given cases; depends on the court's discretion.

In relation to a court question, the adverse party

  1. has a right to cross-examination as a matter of right

  2. can cross-examine only with the permission of the court

  3. has no right to cross-examine

  4. can make any objection as a matter of right


Correct Option: B
Explanation:

In relation to a court question, the adverse party can cross-examine only with the permission of the court. 

An arbitration agreement may be in the form of

  1. an arbitration clause in a contract

  2. a separate agreement

  3. Either (1) or (2)

  4. None of these


Correct Option: C
Explanation:

(3) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

In case of repudiation, frustration and breach of contract,

  1. performance of contract comes to an end and arbitration clause does not operate

  2. performance of contract does not come to an end and arbitration clause operates

  3. performance of contract comes to an end, but operation clause operates

  4. None of these


Correct Option: A
Explanation:

(1) In case of repudiation, frustration and breach of contract, performance of contract comes to an end and arbitration clause does not operate.

In a new contract that replaced the old one, there was no arbitration clause. Reference was made to an arbitrator under the new contract. The contractor objected to the jurisdiction of the arbitrator.

  1. The contractor’s participation constituted waiver.

  2. The whole arbitration proceedings were invalid.

  3. The whole arbitration award was not liable to be set aside.

  4. None of these


Correct Option: D
Explanation:

(4) Jurisdiction cannot be objected as a separate agreement can be made for arbitration.

Evidence means and includes

  1. ocular evidence only

  2. documentary evidence only

  3. both ocular evidence and documentary evidence

  4. ocular evidence based on documents only


Correct Option: C
Explanation:

In general, the evidence of a witness is given orally and this means oral evidence. The documents including records produced for the inspection of the court are called documentary evidence. So, evidence may be both ocular evidence and documentary evidence and admissible in the court of law. 

The main objective of the fundamental rights is to

  1. ensure individual liberty

  2. promote a socialistic pattern of society

  3. promote equality

  4. All of the above


Correct Option: A
Explanation:

The main objective of the fundamental rights is to ensure individual liberty.

Civil death may be presumed if it is proved that one has not been heard of for

  1. 10 years

  2. 20 years

  3. 12 years

  4. 7 years


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision. Option (2) is incorrect: No such provision. Option (3) is incorrect: No such provision. Option (4) is correct: When the question is whether a man is alive or dead and it is proved that he has not been heard of for seven years by those who would naturally have heard of him, if he had been alive, it is presumed to be a civil death.

The examination, after the cross-examination of a witness by the party who has called him, is called

  1. main examination

  2. additional cross-examination

  3. re-examination

  4. recross examination


Correct Option: C
Explanation:

Option (3) is correct: As per Section 138 of the Indian evidence Act, 1872, witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined and then (if the party calling him so desires) re-examined.  

In relation to expressions defined in Section 3 of the Indian Evidence Act, which of the following statements is not correct?

  1. Facts includes not only physical facts, but also psychological facts.

  2. A court includes arbitrators.

  3. An inscription on a stone is a document.

  4. A fact is said to be not proved when it is neither proved nor disproved.


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 3 of the Indian Evidence Act, 'fact' means and includes any thing, state of things or relation of things, capable of being perceived by the senses; any mental condition of which any person is conscious.

Option (2) is correct: Under Section 3 of the Indian Evidence Act, 'court' includes all judges and magistrates and all persons, except arbitrators.

Option (3) is incorrect: Under Section 3 of the Indian Evidence Act, 'documents' mean any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used, for the purpose of recording that matter.

Option (4) is incorrect: Under Section 3 of the Indian Evidence Act, a fact is said not to be proved when it is neither proved nor disproved.

The Constitution declares India a secular state, which means

  1. the state regards religions as a private affair of the citizens and does not discriminate on this basis

  2. religions are patronised by the state

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

A secular state means equal treatment of all the religions by the state.

The Supreme Court of India has the power of

  1. nominal review

  2. judicial review

  3. legal review

  4. political review


Correct Option: B
Explanation:

Judicial review is a doctrine under which legislative and executive actions are reviewed by the judiciary.

Under which of the following provisions can a witness refresh his memory?

  1. Section 145 of the Indian Evidence Act

  2. Section 159 of the Indian Evidence Act

  3. Section 165 of the Indian Evidence Act

  4. Section 157 of the Indian Evidence Act


Correct Option: B
Explanation:

Option (1) is incorrect: Section 145 of the Indian Evidence Act deals with cross-examination as to previous statements in writing. Option (2) is correct: Section 159 of the Indian Evidence Act deals with refreshing memory. Option (3) is incorrect: Section 165 of the Indian Evidence Act deals with judge’s power to put questions or order production. Option (4) is incorrect: Section 157 of the Indian Evidence Act deals with former statements of witness that may be proved to corroborate later testimony as to the same fact.

Monism and dualism theories are

  1. complementary to each other

  2. different from each other

  3. similar to each other

  4. None of these


Correct Option: A
Explanation:

(1) The terms monism and dualism are used to describe two different theories of the relationship between international law and national law.

What is the retirement age of a judge of the Supreme Court of India?

  1. 62 years

  2. 58 years

  3. 70 years

  4. 65 years


Correct Option: D
Explanation:

Option (4) is correct: The retirement age of a judge of the Supreme Court of India is 65 years.

‘Natural law’ theories may be broadly divided into

  1. five classes

  2. four classes

  3. three classes

  4. two classes


Correct Option: B
Explanation:

(2) 'Natural law' theories may be broadly divided into Ancient theories, Medieval theories, Renaissance theories and Modern theories.

Which of the following fundamental rights was considered to be the heart and soul of the Constitution of India?

  1. Right to property

  2. Right to Constitutional remedies

  3. Right to life

  4. Right to information


Correct Option: B
Explanation:

According to fundamental rights to Constitutional remedies, a person can move to Supreme Court in case of violation of their fundamental rights.

Who coined the term ‘legal theory’?

  1. Hans Kelsen

  2. W. Friedman

  3. Jeremy Bentham

  4. Roscoe Pound


Correct Option: A
Explanation:

(1) Hans Kelsen coined the term ‘legal theory’. 

The provisions of res judicata also apply to the execution proceedings of a decree.

  1. True

  2. False

  3. Only applies to the suit

  4. Not applicable if objection is raised by JDR


Correct Option: A
Explanation:

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also. Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree. Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also. Option (4) is incorrect: No such provision.

Which of the following questions shall be determined by the court executing decree?

  1. Whether any person has decree obtained by fraud

  2. Whether any person is or is not the representative of a party

  3. Whether any person has decree obtained by collusion

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The court shall not determine whether the decree is obtained by fraud or not. Option (2) is correct: The question shall be determined by the court whether any person is or is not the representative of a party. Option (3) is incorrect: The court shall not determine whether the decree is obtained by collusion or not.

Principle of res judicata applies to

  1. suits only

  2. execution proceedings only

  3. arbitration proceedings only

  4. suits as well as execution proceedings


Correct Option: D
Explanation:

Option (1) is incorrect: Res judicata applies to suits and all other issues. Option (2) is incorrect: Res judicata applies to suits and all other issues. Option (3) is incorrect: Res judicata doesn’t apply to arbitration proceedings. Option (4) is correct: The starting words of Section 11 of the Code of Civil Procedure states that no court shall try any suit or issue, which means that it includes suits and all other issues, including executing proceedings also.

Where the plaint has been rejected, the plaintiff on the same cause of action

  1. may present a fresh suit

  2. cannot present a fresh suit

  3. may present a fresh suit with the leave of the High Court

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. Option (2) is incorrect: After the rejection, plaintiff can present a fresh suit. Option (3) is incorrect: Plaintiff doesn’t require the leave of the High Court.

A, intending to deceive B, falsely represents that five hundred tons of indigo is made annually at A's factory and thereby induces B to buy the factory. The contract is

  1. void

  2. voidable at the option of A

  3. voidable at the option of B

  4. illegal


Correct Option: C
Explanation:

Option (1) is incorrect: It is not a void contract. Option (2) is incorrect: It is voidable only at the option of B. Option (3) is correct: If B doesn’t want to perform the contract, he can declare it to be void from the court. Option (4) is incorrect: It is not an illegal contract.

All of the following are the powers of an appellate court, except the power to

  1. determine a case finally

  2. remand the case

  3. take additional evidence

  4. frame and refer for trial


Correct Option: C
Explanation:

Option (1) is incorrect: Cannot determine case finally Option (2) is incorrect: Cannot remand case Option (3) is correct: An appellate court cannot take additional evidence. Option (4) is incorrect: Cannot frame and refer for trial

Which of the following is not a quasi contract?

  1. Obligation of a person enjoying benefits of non-gratuitous act

  2. Responsibility of finder of goods

  3. Quantum meruit

  4. Novation


Correct Option: D
Explanation:

Option (1) is incorrect: It is a quasi contract. Option (2) is incorrect: It is a quasi contract. Option (3) is incorrect: It is a quasi contract. Option (4) is correct: Novation is the substitution of a new contract in place of an old one. It is not a quasi contract.

A proposal, when accepted, becomes a/an

  1. promise

  2. agreement

  3. contract

  4. consideration


Correct Option: A
Explanation:

Option (1) is correct: When the person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. Option (2) is incorrect: Every promise as well as every set of promises, forming the consideration for each other, is an agreement. Option (3) is incorrect: An agreement enforceable by law is a contract. Option (4) is incorrect: A consideration is something of value given by both the parties to a contract that induces them to enter into the agreement to exchange mutual performances.

No person shall convert a residential building into a non-residential building, except with the permission of the

  1. Prescribed Authority

  2. Civil Judge

  3. District Magistrate

  4. Controller


Correct Option: A
Explanation:

A residential building can be converted into a non-residential property after taking permission from the Prescribed Authority.

A contract with or by a minor is a

  1. valid contract

  2. void contract

  3. voidable contract

  4. voidable contract at the option of either party


Correct Option: B
Explanation:

Option (1) is incorrect: Void from the beginning Option (2) is correct: Under Section 11 of the Indian Contract Act, 1872, every person is competent to contract who is of the age of majority. A contract with a minor is void ab initio. Option (3) is incorrect: It is not a voidable contract. Option (4) is incorrect: It is not a voidable contract at the option of either party.

Which of the following is not a ground of eviction of tenant by a landlord?

  1. The tenant has not paid the rent within 15 days after the expiry of the time fixed in the agreement of tenancy.

  2. The tenant has committed such acts as are likely to impair materially the value of the building.

  3. The tenant has been guilty of such acts and conduct as are nuisance to the occupiers of the building in the neighbourhood.

  4. The tenant has ceased to occupy the building or rented land for a period of 6 months without reasonable cause.


Correct Option: C
Explanation:

Option (3) is correct. If a tenant has been guilty of misconduct or nuisance to neighbourhood or has done such act as may impair the value of the building or unable to occupy the building within a said period, then these can be the ground for such notice.

A deposit under Section 21 shall not be accompanied by an application by a tenant containing which of the following particulars?

  1. The name and address of the tenant or persons claiming to be tenants

  2. The building or rented land for which the rent is deposited with a description sufficient for identifying the building or rented land

  3. The period for which the rent is deposited

  4. The name and address of the landlord or persons claiming to be entitled to such rent


Correct Option: A
Explanation:

The name and address of a tenant is not required. Thus, (1) is the correct option. Other particulars are required.

Which of the following is not a bailment?

  1. Hiring of a bank’s locker and storing things in it

  2. Delivery of a railway receipt for the delivery of goods

  3. A car involved in an accident delivered under the policy of the insurer to the nearest garage for repair

  4. None of these


Correct Option: A
Explanation:

(1) Hiring and storing goods in a bank's locker by itself is not bailment though there is delivery of goods to the bank premises. The goods are in no way entrusted to the bank.

Which of the following statements is incorrect?

  1. Any kind of personal property, which is movable and saleable, can be the subject matter of pledge.

  2. Delivery of possession, actual or constructive, is necessary for a pledge.

  3. Any kind of personal property either movable or immovable can be the subject matter of pledge.

  4. None of these


Correct Option: C
Explanation:

(C) Only movable property can be the subject matter of pledge.

Assault cannot be caused by

  1. mere words

  2. gestures

  3. preparation

  4. Any one of these


Correct Option: A
Explanation:

Option (1) is correct: Mere words do not amount to an assault.

Under Section 14(1c), which of the the following is not a ground available to a landlord to seek eviction of a tenant?

  1. To carry out building work at the instance of the government

  2. If it has become unsafe or unfit for animal habitation

  3. If it required bonafide for carrying out repairs, which cannot be carried out without the building being vacated

  4. If the building is required bonafide by him for the purpose of re-building, which cannot be carried without the building being vacated


Correct Option: B
Explanation:

Option (2) is correct. If a owner needs to carry out building work for govenment purposes or to carry repair or re-building work, then he can take steps for eviction of property.

Chapter XVII was inserted into the Negotiable Instruments Act, 1881 by amendment of the Act in the year

  1. 1888

  2. 1988

  3. 1998

  4. None of these


Correct Option: B
Explanation:

(2) The Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 inserted in the Negotiable Instruments Act, 1881, a new Chapter XVII, comprising Sections 138 to 142 with effect from 1st April, 1989.

What 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, the wife not being under fifteen years of age, is not rape.

  4. Death penalty may be awarded.


Correct Option: D
Explanation:

Option (1) is incorrect: Under the offence of rape, consent is immaterial if she is under 16 years of age.

Option (2) is incorrect: Penetration is sufficient to constitute the offence of rape.

Option (3) is incorrect: Under the definition of rape, intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape Option (4) is correct: Who has committed rape shall be punished which shall not be less than seven years, but may be for life or for a term which may extend to ten years.

Chapter XVII contain Sections

  1. 138 to 142

  2. 136 to 142

  3. 112 to 124

  4. None of these


Correct Option: A
Explanation:

(1) Chapter XVII contain Sections 138 to 142.

In law of tort, duty is

  1. primarily fixed by the law

  2. ordinarily fixed by the law

  3. naturally fixed by the law

  4. definitely fixed by the law


Correct Option: A
Explanation:

Option (1) is correct: In law, tortous liability arises from the breach of duty primarily fixed by the law.

Whoever kidnaps or abducts any child with the intention of taking dishonestly any movable property from the parent of such child shall be punished under Section 369 of I.P.C. if the age of such child is under

  1. ten

  2. twelve

  3. fourteen

  4. fifteen


Correct Option: A
Explanation:

Option (1) is correct: Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished under Section 369 of the IPC.

A voluntarily throws into a river a ring belonging to B with intention, thereby causing wrongful loss to B. A has committed

  1. theft

  2. extortion

  3. robbery

  4. mischief


Correct Option: D
Explanation:

Option (1) is incorrect: Whoever takes dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Option (2) is incorrect: Whoever intentionally puts any person in fear of any injury and thereby dishonestly induces the person in fear to deliver any property, commits "extortion".

Option (3) is incorrect: Whoever 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, commits "robbery". Option (4) is correct: Whoever knowing that he is likely to cause, wrongful loss or damage to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Overloading of any kind is

  1. prohibited under law

  2. allowed as long as driver can control the vehicle

  3. allowed if the driver pays the fine

  4. not prohibited by law


Correct Option: A
Explanation:

(1) Overloading of any kind is prohibited by law.

Under Hindu law, a person cannot be adopted if he is

  1. Hindu

  2. unmarried

  3. above fifteen years of age

  4. not already adopted


Correct Option: C
Explanation:

A person cannot be adopted if he or she has not completed the age of fifteen years.

In law of tort, a person should be called upon to pay for damage caused by his

  1. directions

  2. instructions

  3. capability

  4. fault


Correct Option: D
Explanation:

Option (4) is correct: In law of tort, a person should be called upon to pay for damage caused by his fault.

A crime under Section 399 can sufficiently attract punishment under IPC at the stage of

  1. intention

  2. preparation

  3. attempt

  4. commission


Correct Option: B
Explanation:

Option (2) is correct: Section 399 states whoever makes, any preparation for committing dacoity, shall liable to be punished.

Vehicles with left hand controls

  1. can be used in India

  2. cannot be used in India

  3. can be used in India with a signalling device

  4. cannot be used in India even with a signalling device


Correct Option: C
Explanation:

(3) Vehicle with left hand controls can be used in India with a signaling device.

Complainant means

  1. consumer

  2. any voluntary consumer association registered under the Companies Act 1956

  3. the central government or any state government

  4. All of the above


Correct Option: D
Explanation:

(4) Complainant under consumer protection act means consumer, any voluntary consumer association registered under the Companies Act, 1956 and central government or any state government.

Complaint means allegation in writing made by a complainant that

  1. an unfair trade practice or restrictive trade practice has been adapted by any trader or service provider

  2. the goods bought by him or agreed to be bought by him suffer from one or more defects

  3. a trader or service provider charged for goods or services a price in excess

  4. All of the above


Correct Option: D
Explanation:

(4) Complaint under section 2(c) of Consumer Protection Act means allegation in writing made by a complainant that an unfair trade practice or restrictive trade practice has been adapted by any traders or service provider, the goods bought by him or agreed to be bought by him suffer from one or more defect and a traders or the service provider as the case may be has charged for the goods or for the services mentioned in the complaint a price in excess of the price.

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

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

  2. as the transaction was not done by his father

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

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


Correct Option: A
Explanation:

He can challenge this transaction on the ground of not taking permission from the court.

The present wage ceiling per month for the purpose of the Payment of Wages Act, 1936 is

  1. Rs. 10,000

  2. Rs. 15,000

  3. Rs. 18,000

  4. Rs. 20,000


Correct Option: C
Explanation:

(3) The present wage ceiling per month for the purpose of the Payment of Wages Act, 1936 is Rs. 18,000

As per Payment of Wages Act, 1936, in railway factory or industrial or other establishment upon or in which less than one thousand persons are employed, wages shall be paid before the expiry of the

  1. seventh day of the month

  2. tenth day of the month

  3. third day of the month

  4. None of these


Correct Option: A
Explanation:

(1) As per Payment of Wages Act, 1936, in railway factory or industrial or other establishment upon or in which less than one thousand persons are employed, wages shall be paid before the expiry of the seventh day of the month.

When an injury is intentional and sufficient to cause death in the ordinary course of nature and death follows, the offence is

  1. attempt to murder

  2. culpable homicide, not amounting to murder

  3. murder

  4. grievous hurt


Correct Option: C
Explanation:

Option (1) is incorrect: It is not an offence of attempt to murder.

Option (2) is incorrect: It is a culpable homicide amounting to murder.

Option (3) is correct: U/s 300 of IPC, Culpable homicide is murder if the act by which the death is caused is done with the intention of causing death. Option (4) is incorrect: Death is not a grievous hurt.

Lockout is

  1. for trade reasons

  2. an act on the part of employer taken to coerce or pressurise the labour

  3. not an intentional act

  4. not concerned with industrial dispute


Correct Option: B
Explanation:

(2) A lockout is generally used to enforce terms of employment upon a group of employees during a dispute. A lockout can act to force unionized workers to accept changed conditions such as lower wages.

A socially responsible mutual fund will only purchase stocks in companies that

  1. have a no-smoking policy in place

  2. have a culturally diverse management team

  3. hire some job candidates who are HIV positive

  4. have good social performance


Correct Option: D
Explanation:

(4) A socially responsible mutual fund will only purchase stocks in companies that have good social performance.

The Employees’ State Insurance Act, 1948 protects the interest of workers in contingencies, such as

I. sickness II. maternity III. temporary or permanent physical disablement IV. death due to employment injury, resulting in loss of wages or earning capacity

  1. I only

  2. II only

  3. I, III and IV

  4. I, II, III and IV


Correct Option: D
Explanation:

(4) The Employees’ State Insurance Act, 1948 protects the interest of workers in contingencies like sickness, maternity, temporary or permanent physical disablement and death due to employment injury resulting in loss of wages or earning capacity.

A whistle blower is an employee who

  1. exposes organisational wrongdoing

  2. complains a lot to company management

  3. engages in unethical behavior

  4. referees disputes with other employees


Correct Option: A
Explanation:

(1) Whistle blowers are those individuals who call attention to possible wrongdoing within their organizations which are the subjects of much controversy.

Choose the correct option for the given statements.

Assertion (A): Definition of lay-off as given under the Industrial Disputes Act does not confer any power on the management to lay-off. Reason (R): Financial stringency cannot constitute a ground for lay-off.

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

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

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

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


Correct Option: B
Explanation:

Lay off means to discontinue work or activity to dismiss/discharge temporarily. Lay off does not confer any power on the management to lay-off. Financial stringency can never be a ground for lay off held by Supreme Court. Reason doesn't constitute correct explanation for assertion. 

The hearing process in administrative tribunals

  1. is similar to that of an informal court

  2. requires strict adherence to form of rules of evidence

  3. seldom includes the presentation of legal arguments to a decision maker

  4. All of the above


Correct Option: A
Explanation:

(1) The hearing process in administrative tribunals is similar to that of an informal court.

Consider the following statements and choose the correct option.

I. Lock-out indicates the closure of the place of business. II. Lock-out indicates the closure of the business itself. III. Suspension of work due to trade reasons constitutes lockout. IV. Lock-out does not include discharge.

  1. I, II and III are correct.

  2. II and III are correct.

  3. I and IV are correct.

  4. II and III are correct.


Correct Option: C
Explanation:

Lockout is the corresponding weapon in the armoury of the employer. In the case of lockout, it is only the place of business which is closed and not the business itself. In lockout employer shuts down his place of business as a means of reprisal.  Lock-out does not include discharge.

Examples of provincial agencies that have been created to implement broad government policy include

  1. Human Rights Commission

  2. Workers' Compensation Board

  3. Securities Commission

  4. All of the above


Correct Option: D
Explanation:

(4) Provincial agencies that have been created to implement broad government policies include Human Rights Commissions, Workers' Compensation Boards and Securities Commission.

Transfer of shares in case of a private company is

  1. prohibited

  2. restricted

  3. freely transferable

  4. None of these


Correct Option: B
Explanation:

(2) Transfer of shares in case of private company is restricted.

Which companies are exempted to add “Ltd” or “Pvt Ltd” at the end of their name?

  1. Private

  2. Government

  3. Defunct

  4. Associations not for profits


Correct Option: D
Explanation:

(4) “Association not for profits” are exempted to add “Ltd” or “Pvt Ltd” at the end of their name.

Article of association is

  1. mandatory

  2. necessary

  3. optional

  4. None of these


Correct Option: A
Explanation:

Article of association is one of the important documents. Article of association contains the rules that govern the management of the internal affairs of a company.

The Wildlife Protection Act contains

  1. 66 sections

  2. 6 sections

  3. 7 sections

  4. 46 sections


Correct Option: A
Explanation:

(1) The Wildlife Protection Act contains 66 sections.

Every shareholder is

  1. member of company

  2. not a member of company

  3. owner of company

  4. Both (2) and (3)


Correct Option: A
Explanation:

Every person holding equity share capital of the company and whose name is entered as a beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

The Water Act has

  1. 64 sections

  2. 68 sections

  3. 45 sections

  4. 62 sections


Correct Option: A
Explanation:

(1) The Water act lays 64 sections.

What does SEO mean?

  1. Software Engineering Object

  2. Search Engine Optimisation

  3. Search Engine Output

  4. Software Estimate Optimiser


Correct Option: B
Explanation:

(2) SEO means Search Engine Optimisation.

A challenge-response test used in computing as an attempt to ensure that the response is generated by a human being is called

  1. skimmer

  2. captcha

  3. doodle

  4. phishing


Correct Option: B
Explanation:

(2) CAPTCHA is a type of challenge-response test used in computing as an attempt to ensure that the response is generated by a human being. The process usually involves a computer asking a user to complete a simple test which the computer is able to grade.

A person who attracts users to spam related websites by loading hidden copies of popular keywords is a

  1. hacker

  2. cracker

  3. spammer

  4. spamdexter


Correct Option: D
Explanation:

(4)  a person who attracts users to spam related websites by loading hidden copies of popular keywords is called spamdexter.

The main difference between de jure and c/c facto recognition is that the former is

  1. legal, while the latter is factual

  2. provisional and the latter is definite

  3. informal, while the latter is formal

  4. explicit and the latter is implicit


Correct Option: A
Explanation:

(1) De jure means legal and c/c facto means factual.

“Succession of Government” means change of

  1. external sovereignty

  2. internal sovereignty through constitutional revolutionary processes

  3. Prime Minister

  4. the administrative system


Correct Option: B
Explanation:

(2) “Succession of Government” means change of internal sovereignty through constitutional revolutionary processes.

Which of the following statements is correct?

  1. A state has duty to become a party to every multilateral treaty.

  2. A state has a right to decide whether or not to become a party to a multilateral treaty and if it decides to become a party, it has a right to make reservation to limit its participation in any way it chooses.

  3. A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it should accept the whole treaty.

  4. A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it may do so with or without reservations, provided that its reservations are compatible with the objects and purposes.


Correct Option: D
Explanation:

A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it may do so with or without reservations provided that its reservations are compatible with the objects and purposes. 

The International Court of Justice in the Right of Passage over India Territory Case, 1960 dealt with the

  1. principle of succession to delictual liabilities

  2. customary right relating to territory

  3. succession and public debts

  4. succession to non-fiscal contractual rights


Correct Option: B
Explanation:

(2) The International Court of Justice in the Right of Passage over India Territory Case, 1960 dealt with the customary right relating to territory.

The Secretary General of the U.N. is appointed

  1. by the General Assembly on the recommendation of the Security Council

  2. by the Security Council on the recommendation of the General Assembly

  3. in a joint session of the Security Council and General Assembly

  4. by the permanent members of the Security Council


Correct Option: A
Explanation:

(1) The Secretary General of the U.N. is appointed by the General Assembly on the recommendation of the Security Council.

Which of the following choices, as provided under the Rules of Court, does not form part of the basis of applying the principle of quantum merit or “as much as he deserves”?

  1. The skill demanded

  2. The importance of the subject

  3. The length of membership in the integrate

  4. The contingency or certainty of compensation


Correct Option: D
Explanation:

(4) The contingency or certainty of compensation does not formpart of the basis of applying the principle of quantum meruit or “as much as he deserves”

Which of the following is not included in the criteria for determining whether a person is engaged in the practice of law?

  1. Application of knowledge of law

  2. Attorney–client relationship

  3. Habituality

  4. Retainer agreement


Correct Option: C
Explanation:

(3) Habituality is not included in the criteria for determining whether a person is engaged in the practice of law.

Who among the following lawyers cannot practice law?

  1. Lawyers who are members of the Provincial Board

  2. Lawyers who are elected as Senators

  3. Retired Judges

  4. Lawyers elected as Municipal Vice Mayors


Correct Option: A
Explanation:

(1) Lawyers who are members of the Provincial Board cannot practice law.

Generally, lawyers are not allowed to advertise their services. However, there are certain recognised exceptions. Which of the following choices do not constitute as an exception to the general rule?

  1. Writing legal articles

  2. Listing in the law list

  3. Listing in the phone directory with area of expertise

  4. Giving of ordinary professional cards


Correct Option: B
Explanation:

Listing in the law list is an exception to the general rule.

The Water Act contains

  1. 4 chapters

  2. 5 chapters

  3. 7 chapters

  4. 8 chapters


Correct Option: D
Explanation:

(4) The Water Act contains 8 chapters.

The famous personality Ankit Fadia is associated with

  1. ethical hacking

  2. antivirus programs

  3. doodle

  4. phishing


Correct Option: A
Explanation:

(1) The famous personality Ankit Fadia is associated with ethical hacking.

Sending numerous duplicate mails to the same email address is called

  1. email bombing

  2. spamming

  3. cyberstalking

  4. None of these


Correct Option: A
Explanation:

(1) Sending numerous duplicate mails to the same email address is called email bombing.

Governments regulate professions by

  1. creating government agencies to monitor each professional registered within a profession

  2. conducing random audits of professionals within the profession

  3. passing a statute to create an entity to regulate or control the profession

  4. All of the above


Correct Option: C
Explanation:

(3) Governments regulate professions by passing an act to create an entity to control the profession.

The Water Prevention and Control of Pollution Act was enacted in the year

  1. 1986

  2. 1974

  3. 1994

  4. 1975


Correct Option: B
Explanation:

(2) The Water Prevention and Control of Pollution Act was enacted in the year 1974.

The Wildlife Protection Act contains

  1. 7 chapters

  2. 6 chapters

  3. 5 chapters

  4. 8 chapters


Correct Option: A
Explanation:

(1) The Wildlife Protection Act contains 7 chapters.

Non-cognisable offence means that

  1. a police officer has the authority to arrest without a warrant

  2. a police officer cannot arrest without a warrant

  3. on request of a complainant, arrests can be made

  4. Depends on the discretion of a police officer


Correct Option: B
Explanation:

Option (1) is incorrect: It is in the case of a cognisable offence. Option (2) is correct: Under Section 2(l), a non-cognisable offence means a police officer has no authority to arrest without a warrant. Option (3) is incorrect: No such provision is there in the CrPC. Option (4) is incorrect: The Indian Penal Code has prescribed a list of cognisable and non-cognisable offences. It is not the discretion of a police officer. 

A person can send the fine amount through postal department without appearing in the court in some petty offences under

  1. Section 207 of the CrPC

  2. Section 206 of the CrPC

  3. Section 210 of the CrPC

  4. Section 194 of the CrPC


Correct Option: B
Explanation:

Option (1) is incorrect: Section 207 deals with supply to the accused, a copy of police report and other documents. Option (2) is correct: Section 206 deals with special summons in cases of petty offences. Option (3) is incorrect: Section 210 deals with the procedure to be followed when there is a complaint case and police investigation in respect of the same offences.

Option (4) is incorrect: Section 194 deals with when Additional and Assistant Sessions Judges try cases made over to them.

'A magistrate may discharge the accused if complainant is absent on the date of hearing' only

  1. if the offence is compoundable

  2. if the offence is non-cognizable

  3. before a charge has been framed

  4. Provision would be applicable for complaint case and police case both


Correct Option: D
Explanation:

Option (1) is incorrect: Either compoundable or not.

Option (2) is incorrect: Either the offence is cognizable or non-cognizable.

Option (3) is incorrect: Hearing is always after charges have been framed. Option (4) is correct: 'A magistrate may discharge the accused if complainant is absent on the date of hearing' in both complaint cases and police cases.

No wife shall be entitled to receive maintenance from her husband under Section 125 of the CrPC if she

  1. has obtained a divorce from her husband and has not remarried

  2. is unable to maintain herself

  3. refused to live with her husband on the ground that he keeps a mistress

  4. is living in adultery


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 125 of the CrPC, a divorced wife and can claim maintenance. Option (2) is incorrect: If a wife is unable to maintain herself, she can claim maintenance under Section 125. Option (3) is incorrect: If a wife refused to live with her husband on the ground that he keeps a mistress, she can claim maintenance under Section 125. Option (4) is correct: Under Section 125(5) of the CrPC, no wife shall be entitled to receive an allowance for the maintenance from her husband under this Section if she is living in adultery.

In reference to information relating to the commission of a cognizable offence, which of the following statements is not correct?

  1. It may be given orally to an officer in charge of a police station.

  2. It is reduced to writing by or under the direction of an officer in charge of the police station.

  3. Information reduced to writing is to be signed by the person giving it.

  4. A copy of information cannot be given free of cost to the informant.


Correct Option: D
Explanation:

Option (1) is incorrect: Information under Section 154 of the CrPC can be given orally or in writing. Option (2) is incorrect: Under Section 154, an officer under the direction of an officer in charge of a police station reduced into writing all the information given by the informant in relation to the commission of a cognizable offence. Option (3) is incorrect: Information given by the informant shall be signed by him as provided under Section 154 of the CrPC. Option (4) is correct: A copy of information shall be given free of cost to the informant as provided under Section 154 of the Code of Criminal Procedure.

No person shall be appointed as a Public Prosecutor for a district unless his name appears in the panel of names prepared by the

  1. Sessions Judge

  2. High Court

  3. District Magistrate

  4. Superintendent of Police


Correct Option: C
Explanation:

Option (1) is incorrect: A District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons to be appointed as the Public Prosecutor for the district. Option (2) is incorrect: The High Court doesn’t prepare a panel of names of persons who are fit to be appointed as the Public Prosecutor for a district. Option (3) is correct: Under Section 24(4) of the Code of Criminal Procedure, a District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as the Public Prosecutor for the district. Option (4) is incorrect: The Superintendent of Police has no authority to prepare a panel of names of to be appointed as the Public Prosecutor for a district.

A person arrested by a police officer may be kept in custody for

  1. 2 days

  2. 3 days

  3. 24 hours

  4. 1 week


Correct Option: C
Explanation:

Option (1) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours. Option (2) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours. Option (3) is correct: Under Section 57 of the Code of Criminal Procedure, no police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours, exclusive of the time necessary for the journey from the place of arrest to the magistrate's court. Option (4) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.

Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is

  1. 90 days

  2. 1 year

  3. 3 years

  4. No period of limitation is prescribed


Correct Option: D
Explanation:

Option (1) is incorrect: Minimum limitation period under the Code of Criminal Procedure is six months. Option (2) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is one year if the offence is punishable with imprisonment for a term, not exceeding one year. Option (3) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is three years if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years. Option (4) is correct: The Code of Criminal Procedure doesn’t provide any provision of period of limitation to take cognizance of an offence punishable for a term more than three years.

Which of the following statements is true?

  1. Summons case means a case which is not a warrant case.

  2. Summons case means a case through which security is not required.

  3. Summons case means a case through which offence of theft is tried.

  4. Summons case means a case in which only summons can be served during trial.


Correct Option: A
Explanation:

Option (1) is correct: Under Section 2(w), summons case means a case relating to an offence, and not being a warrant case. Option (2) is incorrect: No such provision of summons case. Option (3) is incorrect: Summons cases does not only deal with theft cases. Option (4) is incorrect: No such provision in the CrPC.

If a person in lawful custody escapes, the person from whose custody he escaped may immediately pursue and arrest him

  1. within the local limits of the concerned police station

  2. within the local limits of a district

  3. within the local limits of a state

  4. in any place in India


Correct Option: D
Explanation:

Option (1) is incorrect: Arrest can be made beyond the jurisdiction of the concerned police station. Option (2) is incorrect: Arrest can be made beyond the jurisdiction of a district. Option (3) is incorrect: Arrest can be made beyond the jurisdiction of a state.

Option (4) is correct: Under Section 60(1) of the CrPC, if a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

A suit for possession under Section 5 of the Specific Relief Act can be filed within

  1. 3 years

  2. 6 years

  3. 9 years

  4. 12 years


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision has been laid down in the Act. Option (2) is incorrect: No such provision has been laid down in the Act. Option (3) is incorrect: No such provision has been laid down in the Act. Option (4) is correct: A suit for possession under Section 5 of the Specific Relief Act can be filed within 12 years.

Under the Specific Relief Act, a suit for recovery of possession can be filed

  1. only in respect to a movable property

  2. only in respect to an immovable property

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (2) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (3) is correct: Under the Specific Relief Act, a suit for recovery of possession of immovable property and movable property can be filed under Section 5 and Section 7, respectively.

Section 26 of the Specific Relief Act fixes the time limit for the discovery of mistake or fraud to be

  1. six months

  2. three months

  3. one year

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: No such time limit has been provided under Section 26. Option (2) is incorrect: No such time limit has been provided under Section 26. Option (3) is incorrect: No such time limit has been provided under Section 26. Option (4) is correct: Section 26 of the Act doesn’t provide any time limit for the discovery of mistake or fraud.

‘Time requisite’ under Section 12(2) of the Limitation Act means

  1. absolutely necessary time

  2. actual time taken

  3. maximum time

  4. minimum time

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: It doesn’t mean absolute necessary time. Option (2) is correct: ‘Time requisite’ under Section 12(2) of the Limitation Act means actual time taken. Option (3) is incorrect: It doesn’t mean maximum time taken. Option (4) is incorrect: It doesn’t talk about minimum time taken.

In computing the period of limitation for an appeal, a review or a revision, the time requisite for obtaining a copy of the decree or the order appealed against shall be excluded under

  1. Section 11(1)

  2. Section 12(2)

  3. Section 13(3)

  4. Section 14(4)


Correct Option: B
Explanation:

Option (1) is incorrect: Section 11 of Limitation Act deals with suits on contracts entered into outside the territories to which the Act extends. Option (2) is correct: In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. Option (3) is incorrect: Section 13 of Limitation Act deals with exclusion of time in cases where leave to sue or appeal as a pauper is applied for. Option (4) is incorrect: Section 14 of Limitation Act deals with exclusion of time of proceeding bona fide in court without jurisdiction.

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