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Bar Council Mock - 3

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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.

Which of the following model laws was used by the Indian Arbitration and Conciliation Act, 1996?

  1. The Indian Council of Arbitration Rules

  2. Federation of Indian Chambers of Commerce and Industry Rules

  3. United Nations Commission on International Trade Law and Rules

  4. International Centre for Alternative Dispute Resolution Rules


Correct Option: C
Explanation:

(3) The United Nations Commission on International Trade Law (UNCITRAL) and Rules was used by the Indian Arbitration and Conciliation Act, 1996.

Which of the following is the main objective of the Arbitration Act, 1996?

  1. To comprehensively cover international commercial arbitration

  2. To ensure that arbitral tribunal within the limits of a court’s jurisdiction

  3. To minimise the supervisory role of the courts in the arbitral process

  4. To minimise the burden of the courts


Correct Option: D
Explanation:

(4) To minimise the burden of the courts.

Which of the following statements is incorrect?

  1. A person may authorise an agent to enter into an arbitration agreement.

  2. A person, incapable of entering into a contract, may be a party to an arbitration agreement.

  3. An arbitration agreement remains alive even after the death of signatories thereto.

  4. Waiver may take place by the parties by acting upon the award.


Correct Option: A
Explanation:

A person cannot authorise an agent to enter into an arbitration agreement.

The purpose of punishment is

  1. recreative

  2. refreshing

  3. reformative

  4. All of the above


Correct Option: C
Explanation:

(3) The purpose of punishment is reforming a wrongdoer.

An arbitration agreement may be in the form of an

  1. arbitration clause in a contract

  2. separate agreement

  3. Either (1) or (2)

  4. Both (1) and (2)


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 an separate agreement.

Which of the following statements is correct?

  1. A party feeling aggrieved by the proceedings of an arbitrator should make a protest and continue to take part in the proceedings.

  2. An arbitration agreement in which the government is a party must comply with Article 299 of the Constitution.

  3. Waiver may take place by the parties by acting upon the award.

  4. A person may authorise an agent to enter into an arbitration agreement.


Correct Option: B
Explanation:

(2) An arbitration agreement in which the government is a party must comply with Article 299 of the Constitution.

Hypothesis of Grundnorm was propounded by

  1. Austin

  2. Diguit

  3. Hart

  4. Kelson


Correct Option: D
Explanation:

(4) Hypothesis of Grundnorm was propounded by Kelson.

Adverse possession may lead to loss of

  1. possession

  2. ownership

  3. power

  4. liberty


Correct Option: B
Explanation:

(2) Adverse possession may lead to loss of title.

In a new contract which replaced the old one, there was no arbitration clause. Reference was made to the 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. The whole arbitration proceedings were valid.

The court shall reject an application to sue as an indigent person, where

  1. it contains the particulars required in regard to plaint

  2. it is presented to the court by the applicant in person

  3. the applicant allegation shows a cause of action

  4. any other person has entered into an agreement with the applicant to finance the litigation


Correct Option: D
Explanation:

Option (1) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (2) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (3) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (4) is correct: If any person has entered into an agreement with the applicant to finance the litigation, the court can reject an application to sue as an indigent person.

On which of the following grounds shall a plaint be rejected?

  1. Where it is not filed in 2 copies

  2. Where it is not supported with affidavit

  3. Where plaintiff has not affixed his photo

  4. Where plaintiff does not put his signature


Correct Option: A
Explanation:

Option (1) is correct: Under Order VII, Rule 11(1)(e) of the Code of Civil Procedure, where the plaint is not filed in duplicate, the court shall reject the plaint. Option (2) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured. Option (3) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured. Option (4) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.

A decree can be

  1. preliminary

  2. final

  3. first preliminary, then final

  4. preliminary or final


Correct Option: D
Explanation:

Option (1) is incorrect: It can be either preliminary or final. Option (2) is incorrect: It can be either preliminary or final. Option (3) is incorrect: It can be either preliminary or final. Option (4) is correct: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

Where any injunction is passed without giving notice to the opposite party, the court will try to decide the application within

  1. 7 days

  2. 15 days

  3. 21 days

  4. 30 days


Correct Option: D
Explanation:

Option (4) is correct: Under Order XXXIX, Rule 3A of the Code of Civil Procedure, where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted.

A, in consideration that B will employ C in collecting the rents of B's Zamindari, promises B to be responsible to the amount of Rs. 5000, for the due collection and payment by C of those rents. This is

  1. no guarantee

  2. simple guarantee

  3. continuing guarantee

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: It is an example of continuing guarantee. Option (2) is incorrect: It is not a simple guarantee. Option (3) is correct: A guarantee which extends to a series of transactions is called a 'continuing guarantee'.

Who can review the judgement passed by a court?

  1. The court passing the judgement

  2. The court of the District Judge

  3. The High Court

  4. The Supreme Court


Correct Option: A
Explanation:

Option (1) is correct: A judgement passed by a court can be reviewed by the very same court. Option (2) is incorrect: District judge can review its own decisions only. Option (3) is incorrect: The High Court can review its own decisions only. Option (4) is incorrect: The decisions of the Supreme Court can never be reviewed by it. 

A promises to maintain B's child. B promises to pay A Rs. 1000 yearly for the purpose. The consideration is

  1. lawful

  2. unlawful

  3. no consideration

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: It is a lawful consideration in the eyes of law. Option (2) is incorrect: It is completely lawful. Option (3) is incorrect: It is a valid consideration.

A agrees to pay B a sum of money if B marries C, but C marries D. The agreement is

  1. void

  2. voidable

  3. legal

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such a person does anything which renders it impossible that he should so act within any definite time or otherwise than under further contingencies.

If only a part of the consideration or object is unlawful, then the contract under Section 24 of the Indian Contract Act shall be

  1. valid

  2. voidable

  3. void

  4. illegal


Correct Option: C
Explanation:

Option (1) is incorrect: It is not valid. Option (2) is incorrect: An agreement is not voidable, it is completely void. Option (3) is correct: Under Section 24 of the Indian Contract Act, 1872, if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. Option (4) is incorrect: The agreement is not illegal, but void.

Transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called

  1. mortgage

  2. lease

  3. sale

  4. None of these


Correct Option: B
Explanation:

It is a lease agreement. A lease is the transfer of right to enjoy such property for a certain time. Thus, (2) is the correct option. A sale is the transfer of right for uncertain or indefinite period of time until such rights are further sold. A mortgage is the security for a loan agreement.

Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and has no application to

  1. court sale

  2. contingent sale

  3. perpetuity sale

  4. priceless sale


Correct Option: D
Explanation:

Section 41 is not applicable if the ostensible owner has transferred the property without consideration. Thus, (4) is the correct answer.

In case of usufructuary mortgage, the mortgage is placed in possession and has a right to enjoy the rents and profits

  1. until the debt is paid

  2. till the contract is rescinded

  3. He is not entitle to rents and profits.

  4. None of these


Correct Option: A
Explanation:

The right is available until the rent is paid. Thus, (1) is the correct option. There is no condition of recession of contract.

In case of mortgaged lease, if the mortgage obtains a renewal of the lease, the mortgagor upon redemption shall

  1. not have the benefit of new lease

  2. have the benefit of new lease

  3. have the benefit of previous lease

  4. None of these


Correct Option: B
Explanation:

The mortgager will have the benefit of new lease in this case. Thus, (2) is the correct option. The previous lease has already expired. Thus, (3) cannot be the correct option. (1) is incorrect because such benefits are applicable.

Which of the following statements is correct?

  1. Past consideration is no consideration for a contract of guarantee.

  2. Forbearance to sue on the part of the creditor is a good consideration for a guarantee.

  3. A contract of guarantee is a contract of absolute good faith.

  4. None of these


Correct Option: B
Explanation:

(2) The creditor’s forbearance from suing the principal may amount to good consideration to support a gurantee.

Under the provisions of Section 143 of the Negotiable Instruments Act, 1881, all offences under the Act are to be tried by

  1. any Judicial Magistrate

  2. a Judicial Magistrate of the First Class or by a Metropolitan Magistrate

  3. only a District Judge

  4. None of these


Correct Option: B
Explanation:

(2) The provisions of Section 143 of the Negotiable Instruments Act, 1881, all offences under the Act are to be tried by Judicial Magistrate of the First Class or by a Metropolitan Magistrate.

Which of the following statements is incorrect?

  1. The liability of the surety is co-extensive with that of the principal debtor.

  2. A suit against the surety without even impending the principal debtor is maintainable.

  3. It is not open to the surety to place a limit upon his liability.

  4. None of these


Correct Option: C
Explanation:

In the contract of gurantee, the surety, who put his steps into the shoes of principal debtor, cannot place a limit upon his liability.

For what term of imprisonment an offender under Section 138 of the Negotiable Instruments Act can be punished?

  1. For a term which may extend to two years

  2. For a term which may extend to one year

  3. For a term not exceeding three years

  4. None of these


Correct Option: A
Explanation:

(1) An offender under Section 138 of the Negotiable Instruments Act can be punished with imprisonment for a term which may extend to two years.

Assembling for dacoity is punishable under

  1. Section 399 of the IPC

  2. Section 396 of the IPC

  3. Section 391 of the IPC

  4. Section 402 of the IPC


Correct Option: D
Explanation:

Option (4) is correct: Section 402 of the IPC states whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine. 

'Infancy' as an exception has been provided under Section

  1. 80

  2. 81

  3. 82

  4. 84


Correct Option: C
Explanation:

Option (3) is correct: Section 82 states 'nothing is an offence which is done by a child under seven years of age'.

Irresistible impulse is a defence

  1. in India

  2. in England

  3. in India and England both

  4. neither in India nor in England


Correct Option: D
Explanation:

Option (4) is correct: Irresistible impulse is a defence neither in India nor in England.

Abettor is a person

  1. who commits the offence

  2. who instigates the commission of offence

  3. against whom the offence is committed

  4. who is innocent


Correct Option: B
Explanation:

Option (2) is correct: Under Section 108 of the IPC, a person abets an offence, who abets either the commission of an offence is an abettor.

Under Section 103 of the IPC, the right to private defence of property extends to causing death if the offence is

  1. mischief per se

  2. robbery per se

  3. theft per se

  4. All of the above


Correct Option: D
Explanation:

Option (4) is correct: Under Section 103 of the IPC, the right to private defence of property extends to causing death if the offence is mischief, robbery, housebreaking by night and theft.

What punishment is provided for dowry death?

  1. Not less than three years

  2. Not less than five years

  3. Not less than seven years and in rare circumstances, may extend to death sentence

  4. Not less than seven years, but may extend to imprisonment for life


Correct Option: D
Explanation:

Option (4) is correct: Section 304B (2) states that 'Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life.

Which of the following is not a ground of divorce?

  1. If one party has been suffering from leprosy

  2. If one party has been heard of as being alive from a period of seven years

  3. If one party has renounced the world by entering by religious order

  4. If one party has been suffering from veneral disease in communicable form


Correct Option: B
Explanation:

If a party has been heard of as being alive from a period of seven years then it is not a ground to obtain divorce under the Hindu Law.

If a Hindu boy marries a Hindu girl of the same gotra under the Hindu Marriage Act, 1955, the marriage is

  1. void

  2. voidable

  3. valid

  4. unenforceable under law


Correct Option: C
Explanation:

Same gotra marriage under the Hindu Marriage Act, 1955 is completely valid.

Appropriate laboratory means a laboratory or organisation recognised by the

  1. central government

  2. state government

  3. Both (1) and (2)

  4. Either (1) or (2)


Correct Option: C
Explanation:

(3) Under the Consumer Protection Act, appropriate laboratory means a laboratory or organisation recognised by the central government or by the state government subject to such guide­lines as may be prescribed by the central government on this behalf.

The Consumer Protection Act, 1986 extends to the

  1. whole of India

  2. whole of India, except Nagaland tribal area

  3. whole of India, except Nagaland tribal area and Jammu and Kashmir

  4. whole of India, except Jammu and Kashmir


Correct Option: D
Explanation:

(4) It extends to the whole of India, except the state of Jammu and Kashmir.

Driving by a drunken is punishable if the quantity of alcohol in blood

  1. exceeds 30 mg per 100ml of blood

  2. exceeds 50 mg per 100ml of blood

  3. exceeds 25 mg per 100ml of blood

  4. The driving is not hindered.


Correct Option: A
Explanation:

(1) Driving by a drunken is punishable if the quantity of alcohol in blood exceeds 30 mg per 100ml of blood.

The present wage ceiling per month for the purpose of the Employees’ State Insurance Act, 1948 is

  1. Rs. 10,000

  2. Rs. 15,000

  3. Rs. 18,000

  4. Rs. 20,000


Correct Option: B
Explanation:

(2) The present wage ceiling per month for the purpose of the Employees’ State Insurance Act, 1948 is Rs. 15,000.

An accident victim can be treated by

  1. only a government hospital doctor

  2. any registered medical practitioner or doctor

  3. the driver of the vehicle

  4. any hospital near the accident


Correct Option: B
Explanation:

(2) An accident victim can be treated by any registered medical practitioner or doctor.

The Industrial Disput Act, 1947 aims at

  1. providing social security benefits to the workmen

  2. regulating conditions of work in industries

  3. investigation and settlement of industrial disputes

  4. regulating the employment of women during certain periods


Correct Option: B
Explanation:

(2) The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations.

The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to establishments in which work is of

  1. an intermittent or casual nature

  2. permanent nature

  3. dangerous nature

  4. Both (1) and (2)


Correct Option: A
Explanation:

(1) The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to establishments in which work is of an intermittent or casual nature.

Which of the following schedules of the Factories Act, 1948 specifies Beriyllium poisoning, Anthrax and Arsenic poisoning or its sequelae, etc. as notifiable diseases?

  1. First Schedule

  2. Second Schedule

  3. Third Schedule

  4. Fifth Schedule


Correct Option: C
Explanation:

(3) Third Schedule of the Factories Act, 1948 specifies Beriyllium poisoning, Anthrax and Arsenic poisoning or its sequelae, etc. as notifiable diseases.

A firm is said to have good corporate social performance when

  1. stockholders invest in socially responsible causes

  2. charitable deductions are automatically deducted from pay without the consent of employees

  3. the company has not been convicted of ethical violations for five consecutive years

  4. stakeholders are satisfied with its level of social responsibility


Correct Option: D
Explanation:

(4) A firm is said to have good corporate social performance when stakeholders are satisfied with its level of social responsibility.

Consider the following judicial decisions:

I. Hindustan Steel Ltd. vs. Presiding Officer II. Management of KSRT Corp, Bangalore vs. M. Boraih III. Pipraich Sugar Mills vs. Mazdoor Union IV. Management of W.B. India Ltd. vs. Jaganath

What is the correct sequence in which these judicial decisions were rendered?

  1. I, IV, II and III

  2. IV, II, III and I

  3. II, III, I and IV

  4. III, II, IV and I


Correct Option: D
Explanation:

III, II, IV and I

The power of the appropriate Government under Section 10 to refer industrial disputes for adjudication is

  1. an administrative power

  2. legislative power

  3. judicial power

  4. quasi-judicial power


Correct Option: A
Explanation:

(1) It has been taken that while exercising its powers under Section 10(1), the function performed by the appropriate Government is purely administrative in nature.

Statement under Section 161 of the CrPC can be used to

  1. corroborate the statement in the court

  2. corroborate and contradict the statement in the court

  3. contradict the statement in the court

  4. Cannot be utilised for any purpose


Correct Option: C
Explanation:

Statement under Section 161 of the CrPC is made during investigation and it can be used to contradict the statement in the court during a trial.

Examples of activities that fall under the control of regulatory agencies, commissions and boards include

  1. regulation of professions

  2. incorporation of businesses

  3. sale of securities by public companies

  4. All of the above


Correct Option: D
Explanation:

Regulatory agencies, commissions and boards control regulation of professions, incorporation of businesses and sale of securities by public companies.

The stakeholder view of social responsibility states that organisations must respond to the needs of

  1. employees and customers

  2. shareholders and owners

  3. all interested parties

  4. all those who might sue the organisation


Correct Option: C
Explanation:

(3) The stakeholder view of social responsibility states that organisations must respond to the needs of all interested parties.

Adherence to principles of natural justice includes

  1. giving notice of changes to affected individuals

  2. providing affected individuals with the right to present their case

  3. a requirement that affected individuals have legal representation

  4. Both (1) and (2)


Correct Option: D
Explanation:

Adherence to principles of natural justice includes giving notice of changes to affected individuals and providing affected individuals with the right to present their case.

The governing entity will typically

  1. determine skill requirements for particular profession, trade or service

  2. arrange educational or training process

  3. provide for registration or licensing procedure

  4. All of the above


Correct Option: D
Explanation:

(4) A governing entity will typically performs all of the above mentioned acts.

For summoning an accused under Section 319 of the CrPC, a statement

  1. under Section 161 of the CrPC is relevant

  2. on oath in a trial is relevant

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

For summoning an accused under Section 319 of the CrPC, a statement on oath in a trial is relevant.

'Accused statement under Section 313 of the CrPC is to be recorded on oath'

  1. The above statement is true.

  2. The above statement is false.

  3. The above statement is partially true.

  4. Cannot be determined


Correct Option: B
Explanation:

The purpose of Section 313 is to give an opportunity to an accused to explain the facts appearing against him in the evidence. He is not examined here as a witness. Hence, under Section 313(2), oath is not required before taking the statement of an accused.

Ordinarily place of trial is where the

  1. offence has been committed

  2. victim resides

  3. accused resides

  4. FIR is lodged


Correct Option: A
Explanation:

Ordinarily, place of trial is where the offence has been committed.

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

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

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

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


Correct Option: D
Explanation:

As provided under Section 2(x), warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Inquiry is conducted by a Magistrate with a view to

  1. find out a prima-facie case

  2. convict the accused

  3. authorise remand of the accused

  4. release the accused under Section 436


Correct Option: A
Explanation:

Inquiry is conducted by a Magistrate with a view to find out an apparent nature of something on intial adjudication.

'A' is tried for a riot and is proved to have marched as the head of a mob. The cries of the mob are relevant as

  1. they are related to things said or done by the conspirators in reference to the common design

  2. explanatory of the nature of the transaction

  3. explanatory of motive or preparation

  4. explanatory of occasion, cause or effects of facts


Correct Option: B
Explanation:

The cries of the mob are relevant as explanatory of the nature of the transaction.

There are ____________ schedules in the Indian Constitution.

  1. 13

  2. 12

  3. 11

  4. 10


Correct Option: B
Explanation:

There are 12 schedules in the Indian Constitution.

Disputes between states in India come to the Supreme Court under

  1. appellate jurisdiction

  2. advisory jurisdiction

  3. original jurisdiction

  4. None of these


Correct Option: B
Explanation:

Original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

The concept of Public Interest Litigation, which has become quite popular in India, originated in

  1. the USA

  2. Australia

  3. Canada

  4. the UK


Correct Option: A
Explanation:

Public Interest Litigation originated in the USA. Person filing a petition under Public Interest Litigation must prove to the satisfaction of the court that the petition is being filed for a public interest. 

The Constitution of India is a

  1. ledger

  2. notebook

  3. book

  4. document


Correct Option: D
Explanation:

The Constitution of India is a living document, an instrument that makes the government system work.

Ravi Kumar and Sons, an HUF, maintain a current account. The Karta of the HUF dies and leaves behind three family members, i.e. his wife and two minor sons. How will you deal with the account?

  1. The bank will stop operations in the account

  2. The account can be operated by minor son being the male member.

  3. The account can be operated by widow being guardian of eldest male member to be called Karta.

  4. The account can be operated by any of the two sons.


Correct Option: C
Explanation:

The account can be operated by his widow, being guardian of the eldest male member to be called karta.

Which of the following documents, in case of a company, is called the charter of a company?

  1. Memorandum of Association

  2. Articles of Association

  3. Certificate of Incorporation

  4. Certificate of Commencement of Business


Correct Option: A
Explanation:

An important step in the formation of a company is to prepare a document called 'Memorandum of Association'. It is the charter of a company and is a very important document as it contains the basic conditions on which the company is incorporated.

Issuance of writ of Mandamus relates to

  1. non-performance of private duty

  2. specific performance of contract

  3. non-performance of public duty

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision for issuance of any writ. Option (2) is incorrect: No such provision for issuance of any writ. Option (3) is correct: Issuance of writ of Mandamus relates to non-performance of public duty. .

In a public limited company, the maximum and minimum numbers of shareholders respectively are

  1. 50 and 10

  2. unlimited and 7

  3. 100 and 2

  4. 1000 and 100


Correct Option: B
Explanation:

In a public limited company, the maximum and minimum numbers of shareholders are unlimited and 7, respectively. 

The Forest (Conservation) Act extends to the whole of India, except

  1. Uttar Pardesh

  2. Karnataka

  3. Jammu and Kashmir

  4. Haryana


Correct Option: C
Explanation:

(3) The Forest (Conservation) Act extends to the whole of India, except the state of Jammu and Kashmir.

Penalty for conservation of the provisions of the Forest Act is under

  1. Section 3A

  2. Section 4A

  3. Section 12A

  4. Section 8A


Correct Option: A
Explanation:

(1) Penalty for conservation of the provisions of the Forest Act is under Section 3A.

Central government permission is required in case of _____ conversion of a company.

  1. private to public

  2. public to private

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

As conversion of a public company into a private company involves alteration of 'Articles of Association' of a public company, so central government's permission is required in case of conversion of a public company into a private company.

Offences by the authorities and the government department in the Forest Act is under

  1. Section 5B

  2. Section 5A

  3. Section 3B

  4. Section 8A


Correct Option: C
Explanation:

(3) Offences by the authorities and the government department in the Forest Act is under Section 3B.

The Wildlife (Protection) Act was enacted in the year

  1. 1986

  2. 1974

  3. 1994

  4. 1972


Correct Option: D
Explanation:

(4) The Wildlife (Protection) Act was enacted in the year 1972.

The use of electronic messaging systems to send unsolicited bulk messages is called

  1. email bombing

  2. spamming

  3. cyberstalking

  4. phishing


Correct Option: B
Explanation:

(2) The use of electronic messaging systems to send unsolicited bulk messages is called spamming.

The power of the central government to declare an area as a sanctuary or a national park comes under which of the following sections of the Wildlife (Protection) Act?

  1. Section 38

  2. Section 39

  3. Section 18

  4. Section 27


Correct Option: A
Explanation:

(1) The power of the central government to declare an area as a sanctuary or a national park comes under Section 38. 

India's first cyber police station was inaugurated in

  1. Delhi

  2. Bangalore

  3. Chennai

  4. Mumbai


Correct Option: B
Explanation:

(2) India's first cyber police station was inaugurated in Banglore.

The term used for a process to verify the validity of a stolen card is

  1. skimming

  2. bullying

  3. carding

  4. Phishing


Correct Option: C
Explanation:

(3) Carding is a term used for the process to verify the validity of stolen card data. The thief presents the card information on a website that has real-time transaction processing. If the card is processed successfully, the thief knows that the card is still good. The specific item purchased is immaterial and the thief does not need to purchase an actual product; a web site subscription or charitable donation would be sufficient.

The first cybercrime police station of Kerala started functioning in

  1. Kannur

  2. Thiruvananthapuram

  3. Kozhikode

  4. Malappuram


Correct Option: B
Explanation:

(2) The first cybercrime police station of Kerala started functioning in Thiruvananthapuram.

The act of attempting to acquire information such as usernames, passwords and credit card details by masquerading as a trustworthy entity is called

  1. email bombing

  2. spamming

  3. cyberstalking

  4. phishing


Correct Option: D
Explanation:

(4) Phishing is the attempt to acquire sensitive information such as usernames, passwords and credit card details (and sometimes, indirectly, money), often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication.

Some efforts have been made to transform the status of individuals from the object to the subject of International Law. The first effort towards this was made after the

  1. Treaty of Westphalia

  2. 1815 Vienna Conference

  3. First World War

  4. Second World War


Correct Option: D
Explanation:

(4) The first effort towards this was made after the Second World War.

The permanent Court of International Justice applied the principle of res judicata while deciding

  1. Serbian loans case

  2. Mavrommatis Palestine concessions case

  3. Chozow factory indemnity case

  4. South-West Africa case


Correct Option: C
Explanation:

(3) The Permanent Court of International Justice applied the principle of res judicata while deciding Chozow factory indemnity case.

‘Monism’ denotes that the International Law and State Law

  1. represent two entirely distinct legal system

  2. are the concomitant aspects of one system

  3. are not enforceable

  4. are not binding


Correct Option: B
Explanation:

(2) ‘Monism’ denotes that the International Law and State Law are the concomitant aspects of one system.

Fits cogens denotes

  1. superiority of states

  2. dominance of the USA over other states

  3. peremptory norms of the International Law

  4. superiority of United Nations


Correct Option: C
Explanation:

(3) Fits cogens denotes peremptory norms of the International Law.

A lawyer may be employed as counsel by the client by all of the following ways, except

  1. orally

  2. expressively

  3. impliedly

  4. written


Correct Option: D
Explanation:

(4) A lawyer may be employed as counsel by the client by all of the above ways, except written.

A lawyer’s responsibilty to himself and society includes the following duties, except the

  1. duty to be an efficient lawyer

  2. duty to keep abreast of legal developments

  3. duty to uphold the Constitution

  4. duty of professional courtesy


Correct Option: D
Explanation:

(4) A lawyer’s responsibility to himself and society includes the following duties, except the duty of professional courtesy.

Which of the following propositions would be correct according to the Vienna Convention on the Law of Treaties, 1960?

  1. The reservation and the objection cancel each other and all the provisions of the treaty will apply to all parties.

  2. The provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state, unless the objecting state specifically objects to the entry into force of the treaty as between the two states.

  3. The reservation and the objection prevent the treaty from coming into force in respect of all of its parties.

  4. The objection invalidates the reservation and the reserving state ceases to be a party to the treaty.


Correct Option: B
Explanation:

(2) According to the Vienna Convention on the Law of Treaties, 1960, the provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state, unless the objecting state specifically objects to the entry into force of the treaty as between the two states.

An attorney whose name is entered in the records of an acion or suit as the lawyer of the designate party is

  1. counsel de officio

  2. counsel

  3. attorney of record

  4. legal counsel


Correct Option: C
Explanation:

(3) An attorney whose name is entered in the records of an acion or suit as the lawyer of the designate party is attorney of record.

Which of the following does not form part of the duty of a notary public?

  1. To charge reasonable notarial fees

  2. To keep a notarial register

  3. To affix to acknowledgment the date of the expiration of his commission as required by law

  4. To forward his notarial register, when filed, to the proper clerk of court


Correct Option: D
Explanation:

(4) To forward his notarial register, when filed, to the proper clerk of court does not form part of the duty of a notary public.

Three-year period of limitation is prescribed for taking cognizance of the offence punishable with imprisonment for a term, not exceeding

  1. one year

  2. three years

  3. five years

  4. seven years


Correct Option: B
Explanation:

Option (1) 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 (2) is correct: 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 (3) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years. Option (4) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years.

In proceedings under Section 107 of the Code of Criminal Procedure, an Executive Magistrate may require to execute a bond for keeping the peace for such period, not exceeding

  1. one year

  2. two years

  3. three years

  4. six months as the magistrate thinks fit


Correct Option: A
Explanation:

Option (1) is correct: Under Section 107 of the Code of Criminal Procedure, when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquillity, require such person to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year. Option (2) is incorrect: No such provision of two years under the Code of Criminal Procedure. Option (3) is incorrect: No such provision of three years under the Code of Criminal Procedure. Option (4) is incorrect: No such provision of six months under the Code of Criminal Procedure.

When will a proceeding be vitiated if the magistrate is not empowered to do so?

  1. To issue a search warrant under Section 94 of the CrPC

  2. To hold an inquest under Section 176 of the CrPC

  3. Tries an offender summarily

  4. To tender a pardon under Section 306 of the CrPC


Correct Option: C
Explanation:

Option (1) is incorrect: Section 461 of the Code of Criminal Procedure deals with irregularities, which vitiate proceedings if the magistrate is not empowered to do so and to issue a search warrant under Section 94 of the CrPC by a magistrate, who is not authorised, does not come under this section. Option (2) is incorrect: To hold an inquest under Section 176 of the CrPC does not come under Section 461. Option (3) is correct: If a magistrate tries an offender summarily, who is not authorised to do so, will vitiate proceedings under Section 461. Option (4) is incorrect: To tender a pardon under Section 306 of the CrPC does not come under Section 461.

On receipt of first information report for commission of an offence, the officer in charge of the police station will send a copy to the concerned magistrate under

  1. Section 154 of the CrPC

  2. Section 156 of the CrPC

  3. Section 159 of the CrPC

  4. Section 157 of the CrPC


Correct Option: D
Explanation:

Option (1) is incorrect: Section 154 of the Code of Criminal Procedure deals with the process of taking information of a cognizable offence. Option (2) is incorrect: Section 156 of the Code of Criminal Procedure talks about the police officer's power to investigate a cognizable case. Option (3) is incorrect: Section 159 of the Code of Criminal Procedure deals with the magistrate’s power to hold investigation and preliminary enquiry. Option (4) is correct: Under Section 157 of the Code of Criminal Procedure, if from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence, which he is empowered to investigate under Section 156, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report. 

On an application made by a person apprehending arrest on an accusation of having committed a non-bailable offence, the High Court or the Court of Sessions may, under Section 438 of the CrPC, give the direction that

  1. he shall not be arrested till further order

  2. he shall be released on bail without taking him into custody

  3. in the event of such arrest, he shall be released on bail

  4. in the event of such arrest, he shall be released on bail three days after the arrest


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision is provided under the Code of Criminal Procedure. Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time, while in the custody of such officer to give bail, he shall be released on bail. Option (3) is correct: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, he shall be released on bail. Option (4) is incorrect: Code of Criminal Procedure does not provide any provision of three days.

The composition of an offence under Section 320 of the CrPC shall have the effect of

  1. conviction

  2. discharge

  3. acquittal

  4. defamation


Correct Option: C
Explanation:

Option (1) is incorrect: It has an effect of acquittal, not conviction. Option (2) is incorrect: It has an effect of acquittal, not conviction. Option (3) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence under this section shall have the effect of acquittal of the accused with whom the offence has been compounded. Option (4) is incorrect: It has an effect of acquittal, not conviction.

The period of limitation shall be six months for taking cognizance of the offence if the said offence is punishable with

  1. fine only

  2. imprisonment for a term, not exceeding six months

  3. imprisonment for a term, not exceeding one year

  4. imprisonment for a term, not exceeding one month


Correct Option: A
Explanation:

Option (1) is correct: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, where the offence is punishable with fine only, 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 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.

The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term, not exceeding

  1. three years

  2. five years

  3. seven years

  4. four years


Correct Option: A
Explanation:

Option (1) is correct: Section 29(2) of the Code of Criminal Procedure says that the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term, not exceeding three years or of fine not exceeding five thousand rupees or of both. Option (2) is incorrect: No such provision of five years. Option (3) is incorrect: No such provision of seven years. Option (4) is incorrect: No such provision of four years.

What type of offences are bailable?

  1. Mentioned as bailable offence in the First Schedule of the CrPC

  2. All cases of summons trial

  3. All non-cognizable offences

  4. All cases that are not triable by session


Correct Option: A
Explanation:

Option (1) is correct: Definition provided under Section 2(1) of the Code of Criminal Procedure, a 'bailable offence' means an offence which is shown as bailable in the First Schedule. Option (2) is incorrect: All cases of summons trial are not only bailable offences. Option (3) is incorrect: All non-cognizable offences are not bailable. Option (4) is incorrect: No such provision is provided under the CrPC.

Whenever a magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty, and that he ought to receive a severe punishment, then such magistrate is empowered to inflict. To whom may the magistrate forward the case?

  1. Sessions Judge

  2. Chief Judicial Magistrate

  3. District Magistrate

  4. Concerned police station


Correct Option: B
Explanation:

Option (1) is incorrect: A magistrate cannot forward the case directly to the Sessions Court. Option (2) is correct: Under Section 325 of the Code of Criminal Procedure, whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind or more severe than that which such magistrate is empowered to inflict, he may record the opinion and submit his proceedings, and forward the accused to the Chief Judicial Magistrate to whom he is subordinate.

Option (3) is incorrect: No such provision to forward the case to the District Magistrate. Option (4) is incorrect: Trial is the procedure of the court. The concerned police station does not fall under authority to run a case after submission of FIR.

Part III of the Specific Relief Act, 1963 deals with

  1. specific relief

  2. declaratory decrees

  3. preventive relief

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Part II of the Specific Relief Act, 1963 deals with specific relief. Option (2) is incorrect: Part II, Chapter VI of the Specific Relief Act, 1963 deals with declaratory decrees. Option (3) is correct: Part III of the Specific Relief Act, 1963 deals with preventive relief. Option (4) is incorrect: None of the above provisions.

The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in

  1. Section 37

  2. Section 38

  3. Section 39

  4. Section 40


Correct Option: B
Explanation:

Option (1) is incorrect: Section 37 of the Specific Relief Act talks about temporary and perpetual injunctions. Option (2) is correct: Section 38 of the Act deals with perpetual injunctions when granted. Option (3) is incorrect: Section 39 of the Act deals with mandatory injunctions. Option (4) is incorrect: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction.

Under Section 6(2)(a) of the Specific Relief Act, 1963, no suit shall be brought after expiry of a period of _______ from the date of dispossession.

  1. 6 months

  2. 1 year

  3. 2 years

  4. 3 years


Correct Option: A
Explanation:

Option (1) is correct: Under Section 6(2)(a) of the Act, no suit shall be brought after expiry six months from the date of dispossession. Option (2) is incorrect: No such provision  Option (3) is incorrect: No such provision  Option (4) is incorrect: No such provision 

For any suit for which no period of limitation is provided elsewhere in the schedule of the Act, the limitation would be

  1. one year

  2. three years

  3. five years

  4. twelve years

  5. No limitation


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: For any suit for which no period of limitation is provided elsewhere in the schedule of the Act, the limitation would be three years. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

Continuous running of time refers to the condition

  1. where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it

  2. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it

  3. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided the court grant leave

  4. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, depends on the facts and circumstances of the case.

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Section 9 of Limitation Act provides where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it. Option (2) is incorrect: No such provision Option (3) is incorrect: Where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it, although court grants leave. Option (4) is incorrect: Option (1) is correct.

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