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Aibe 11 D

The document is an actual question paper for the AIBE XI examination, including various legal questions related to Indian law, such as the Specific Relief Act, Patent Act, and Criminal Procedure Code. It covers topics like the rights of unpaid sellers, provisions of the Indian Evidence Act, and the powers of magistrates. The paper is structured in a multiple-choice format, testing knowledge on various legal principles and statutes.

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0% found this document useful (0 votes)
39 views14 pages

Aibe 11 D

The document is an actual question paper for the AIBE XI examination, including various legal questions related to Indian law, such as the Specific Relief Act, Patent Act, and Criminal Procedure Code. It covers topics like the rights of unpaid sellers, provisions of the Indian Evidence Act, and the powers of magistrates. The paper is structured in a multiple-choice format, testing knowledge on various legal principles and statutes.

Uploaded by

tshivam556tyagi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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AIBE XI

Actual Question Paper with Answer Key:


Code D

Disclaimer: This content is not created or owned by Info Edge (India) Limited
Source: http://aibe11.allindiabarexamination.com/SET-D.pdf
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

1. Which Section of Specific Relief Act prohibits 7. The Minimum number of persons required to
filing a case against the Government incorporate a Public Company is

a) Section 5 a) 5
b) Section 6 b) 10
c) Section 7 c) 7
d) Section 8 d) 2

2. The Patent Act became a law in 8. A Private company can commence business as
soon as it receives
a) 1970
b) 1975 a) Certification of incorporation
c) 1996 b) Letter of intent
d) 1966 c) Occupation certificate
d) None of the above
3. Which is the authority that determines the
language of the Court other than High Court 9. Which of the following is not an essential of a
within a given state, under Section 271 of Cr.PC Contract of Guarantee

a) State Government a) Concurrence of three parties


b) Central Government b) Surety’s distinct promise to be answerable
c) Supreme Court of India c) Liabilities to be legally enforceable
d) (a) and (b) d) Existence of only one contract

10. The term ‘Agent’ is defined in Indian Contract


4. A decree can be
Act under Section
a) Final
b) Preliminary a) 180 of the Act
c) Only Preliminary not final b) 181 of the Act
c) 182 of the Act
d) Either preliminary or final
d) 183 of the Act
5. Foreign Judgement is defined in CPC
11. What is the maximum number of partners in
a) Under Section 2(6) of CPC Banking business
b) Under Section 2(7) of CPC
c) Under Section 2(8) of CPC a) Eight
b) Ten
d) None of the above
c) Twelve
6. The provision of establishing Public Service d) Sixteen
Commission is made under
12. A person who gives the guarantee is called
a) Article 310
b) Article 315 a) Bailee
b) Creditor
c) Article 320
c) Debtor
d) Article 325

1
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

d) Surety b) Plaint only


c) Written statement
13. Which is not a right of an unpaid seller against
d) Oral statement by the pleader
the goods
19. On failure to file a written statement, under
a) Lien
order VIII Rule 10 of CPC, the Court may
b) Stoppage in transit
c) Right of resale a) Pass any other order
d) To ascertain price b) Order for striking off the decree
c) May pronounce the judgement at once
14. Sections 36 to 42 of Specific Relief Act provides
d) Any of the above
a) Injunctions
20. Under Section 59 to 60 of Indian Evidence Act
b) Court’s discretion on specific performance the oral statement means
c) Cancellation of instruments
d) None of the above a) All statements made before the Court by
the witness
15. Which of the following is not of civil nature b) All statement made before the police by
a) Right to take out procession the accused
b) Right to Worship in a temple c) All statement of facts which a witness
c) Right to Caste and Religion heard to say
d) All of the above d) All of the above

16. In a suit where the doctrine of res judicata 21. Under the Evidence Act, ‘Court’ includes
applies a) All Judges
a) The suit is liable to be dismissed b) All Magistrates
b) The suit is liable to be stayed c) All Arbitrators
c) Both (a) and (b) d) (a) and (b)
d) None of the above 22. Admissibility of contents of electronic records
17. Under Section16 CPC a suit relating to may be proved in accordance with the provisions
immovable property can be filed in a Court of
whose local jurisdiction is
a) Under Section 61 of Indian Evidence Act
a) Where the property is situated b) Under Section 65 of Indian Evidence Act
b) Where the defendant voluntarily resides or c) Under Section 65-B of Indian Evidence Act
carries on business d) None of the above
c) Both (a) and (b)
d) None of the above 23. Which is not a public record as per the
provisions of Indian Evidence Act,
18. Pleading means
a) Documents forming the acts or records of
a) Plaint and written statement the sovereign authority

2
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

b) Documents forming the acts or records of 29. Which is the correct statement
official bodies, tribunals
a) There can be a will without a codicil
c) Documents and correspondence from
b) There can be a codicil without a will
advocate and Notary office
d) Documents and circulars from University of c) Every will has a codicil
Delhi d) A codicil proceeds a will

30. As per Section 63 of Indian Succession Act, a


24. Section 67 of Motor Vehicle Act 1988 provides
Will should be attested by
a) Possession of driving licence while driving
a) By two witnesses
b) Possession of Insurance certificate and PUC
certificate in the vehicle b) By two or more witnesses
c) Only one witness who is not a relative of
c) Revoking driving licence if drunk driving is
testator
detected
d) State Government’s power to control the d) None of the above
road transport 31. ‘Iddat’ under Mohammadan law refers to
25. Provisions of Section 80 of CPC are binding on a) A gift made on the occasion of marriage
a) The High Court b) The right of the husband to divorce his wife
c) Attaining of puberty
b) The Court of civil judge
c) The district judge d) None of the above
d) All of the above 32. Under the Christian Marriage Act the marriage
Registrar for any district is appointed by
26. Temporary Injunction can be granted
a) State Government
a) Suo moto
b) Ex parte b) The Central Government
c) Hearing both parties c) The Clergyman of the Church
d) High Court judges
d) None of the above
33. The word ‘Ombudsman’ is derived from
27. Right to Appeal is a
a) French administration
a) Natural Right
b) British Administration
b) Inherent right
c) Statutory right c) Swedish Administration
d) German Administration
d) Delegated right
34. Under Section 3 of the Commission of Inquiry
28. The last amendment to the Indian Succession
Act 1952, an Inquiry Commission is appointed by
Act was made in
a) Central Government or state Government
a) 2000
b) 2001 b) Union Public Service Commission
c) State Public commission
c) 2002
d) Supreme Court of India
d) 2004

3
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

35. Information Technology Act was enacted in c) Union list


d) None of the above
a) 1988
b) 1996 41. Bailable and Non-Bailable offence has been
c) 2000 defined in
d) 2004
a) Section 2 ( a) of Cr.PC
36. Government of India passed Information b) Section 2 (b) of Cr. Pc
Technology Act in 2000 with objective c) Section 2 (c) of Cr. Pc
d) Section 20 of IPC
a) To provide legal sanction to all transaction
for e-commerce 42. Under Section 21 of Cr.PC, Special Executive
b) To facilitate electronic filing of all Magistrate may be appointed by
documents to the Government
a) Central Government
c) To amend Indian Penal Code, Indian
b) High Court
Evidence Act, to punish the cyber crimes
d) All of the above c) Supreme Court
d) State Government
37. Right to Personal liberty includes 43. Police may carry out personal search on an
arrested person,
a) Right against custodial violence
b) Right of under trials to separate them from a) U/s 49 Cr.PC
convicted b) U/s. 50 Cr.PC
c) Right against Public hanging c) U/s. 51 Cr.PC
d) All of the above d) U/s. 52 Cr.PC
38. The Supreme Commander of the Defence Force 44. The Special Court is
of India is
a) Not subordinate to High Court
a) President b) Superior to High Court
b) Prime Minister c) Supplement to High Court
c) The Defence Minister d) Equal to Supreme Court
d) Chief Marshal
45. The powers under 159 of Cr.PC can be
39. Retirement age of Supreme Court Judges is exercised by a magistrate
a) 62 years a) When the police decides not to investigate
b) 60 years the case
c) 58 years b) When the investigation is still going on
d) 65 years c) Both (a) and (b)
d) None of the above
40. Criminal Procedure Code is a subject of
46. Statement recorded during investigation U/s.
a) Concurrent list
161 can be used in trial
b) State list

4
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

a) For contradicting the witness b) The marriage is void


b) For corroborating the witness c) The marriage is valid only if the Court
c) Incorporating in the charge sheet approves it
d) Discharging the accused d) The marriage is valid only the Panchayat
permits
47. Power of taking cognizance of offence by a
Magistrate of First class or second class is 52. Within the purview of Water Act, the meaning
provided of Stream is defined as

a) Under Section 173 of Criminal Procedure a) Includes a river but not a water course
Code b) Includes a water course but not a river
b) Under Section 190 of Criminal Procedure c) Includes river and water course , but not
Code subterranean waters
c) Under Section 190 of Indian Penal Code d) Includes a river, a water course and
d) None of the above subterranean river

53. What is meant by Homicide ?


48. Additions or alteration of charges is provided in
Cr. PC a) Suicide by human being not at home
a) U/s. 214 b) Suicide at home
c) Killing of a human being by another human
b) U/s. 215
being
c) U/s. 216
d) U/s.210 d) Killing of human being by animal

49. Under the Hindu Adoptions and Maintenance 54. Adulteration of food or drink is a punishable
offence
Act, the person who is taken in adoption
a) Under Section 274-276 of IP C
a) Must be a Hindu only
b) A Hindu or Jew b) Under Section 277-278 of IPC
c) May be Hindu or Christian c) Under section 272-273 of IPC
d) None of the above d) None of the above

55. Maximum punishment for waging a war against


50. Polygamy was permitted for Hindus before the
the Government of India under IPC is
year
a) Rigorous imprisonment up to 5 years
a) 1956
b) 1954 b) Rigorous imprisonment up to 10 years
c) Rigorous imprisonment for life term
c) 1955
d) Death sentence
d) 1978

51. Mohan gets married to his sister’s daughter 56. Offences relating to elections are
Kriti a) Contained in the IPC as originally enacted
a) The marriage is valid if the custom allows it b) Are introduced in the IPC by a subsequent
amendment

5
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

c) Are not covered by IPC a) Order of district collector


d) None of the above b) Order of Income Tax Commissioner
c) Decree of a civil Court
57. Rupa Bajaj V/s. KPS Gill, is a famous case which
d) (a) and (b)
the Supreme Court decided on
63. The Arbitration and Conciliation Act 1996,
a) Wrongful restraint Section 18-27 states
b) Wrongful confinement
c) Outrage the modesty of a woman a) The Conducting of Arbitral Proceedings
d) Maintenance to the divorced women b) Receipt and Written Communications
c) Extent of judicial intervention
58. Section 154 under IT Act is d) Awarding final decision
a) For filing return of Income 64. Which one is not a fundamental right?
b) For filing return with late fee
c) Rectification of mistakes a) Right to Freedom of Assembly
d) Appeal against the order passed by the ITO b) Right to Property
c) Right to equality
59. Which of the following is not included in the d) Right to freedom of speech and Expression
Capital Asset under Section 2 (14) of Income Tax
Act, 65. In Maneka Gandhi case it was observed that

a) Any stock in Trade a) Confiscation of Passport was correct


b) Special Bearer Bonds 1991 issued by b) Right to go abroad is not within the
Central Government meaning of Article 21
c) (a) and ( b) c) Right to go abroad is within the ambit of
d) None of the above Article 19 (1) (A) but the confiscation of
Passport is not accordance to the law
60. The language which is to be used in the arbitral d) None of the above
proceedings is decided by
66. Reasonable restrictions can be imposed on the
a) The Tribunal right of free movement
b) Parties to decide by mutual understanding
c) The petitioner a) In the interest of general public
d) The Defendant b) In the interest of political leaders
c) In the interest of women safety
61. The Arbitral proceeding shall stand terminated d) All of the above

a) On making of the final award 67. Which of the following can claim Article 19 of
b) By an order of the arbitral tribunal Constitution
c) When the parties to the dispute agree to
a) A company
terminate proceedings
b) A corporation
d) All of the above
c) Only citizens
62. Every Award of a Lok Adalat is deemed to be a d) Citizens and aliens

6
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

68. Clause (3) of Article 20 (i) of the Indian a) Basic Future and Basic structure doctrine
Constitution says that no accused person shall be b) Public Trust doctrine
compelled to be c) Separation of power doctrine
d) Public Interest doctrine
a) An accused
b) A witness 74. Vishakha v/s. State of Rajasthan case is related
c) A witness against himself to
d) Hostile witness
a) Sexual harassment at workplace
69. Indra Sawhney V/s Union of India is popularly b) Protection of civil rights
known as c) Uniform civil code
d) None of the above
a) Judges Transfer Case
b) Illegal Detention case 75. Court’s power to award compensation is
c) Mandal Commission case provided in Specific Relief Act
d) Constitutional case
a) Under Section 20
70. Due to the outcome of this case slum dwellers b) Under Section 21
were benefitted c) (a) and (b)
d) None of the above
a) N K Chanda V/s. State of Haryana
b) Olga Tellis V/s Bombay Municipal 76. Proving of hand writing is provided in Indian
Corporation Evidence Act
c) PV. Narasimharao V/s. Union of India
a) By the opinion of Experts
d) Ratlam Municipal Council V/s. Vardichand
b) By the evidence of a person who is
71. A Public Interest litigation can be filed under acquainted with the handwriting
c) After police verification
a) Article 226 of Constitution and Article 32 d) (a) and (b)
Constitution
b) U/s. 133 of Criminal Procedure Code 77. Section 26 of Indian Evidence Act provides
c) (a) and (b)
a) No confession made by a person in police
d) None of the above
custody is admissible
72. Supreme Court in SP Gupta V/s. Union of India b) Confession made by a person in police
AIR 1982 SC 149 , decided custody is admissible
c) Confession made in the immediate
a) Free Legal Aid
presence of a magistrate is admissible
b) Bonded labours d) (a) and (c)
c) Judges Transfer
d) Illegal detention 78. The term ‘Evidence’ means and includes
73. Supreme Court in a PIL known as Kamal Nath
a) Oral evidence
case evolved, b) Documentary evidence

7
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

c) Electronic records produced for the 84. What is the punishment for advocates if the
inspection of the Court established finding of the Bar Council is
d) All of the above misappropriation

79. Section 2 (1) (ZB), of the Trade Mark Act 1999, a) Impose a fine
defines the meaning of b) Name of the advocate will be struck off
from the Rolls
a) Licence
c) Suspension from practice
b) Trade Mark
d) All of the above
c) Registration
d) Cancellation 85. On being aggrieved by the order of State Bar
Council, one can appeal to
80. Outrage the modesty of a woman is punishable
under IPC a) High Court
b) Supreme Court
a) Section 376 (a)
c) Bar Council of India
b) Section 376 (b) d) Indian Law Commission
c) Section 354
d) Section 498 86. Which Section of Advocates Act provides
punishment for misconduct of advocates
81. Section 463 of Indian Penal Code deals with the
crime of a) Section 29
b) Section 35
a) House breaking c) Section 37
b) Dishonest misappropriation of property
d) All of the above
c) Forgery
d) Forgery with cheating 87. Section 24 of Advocate Act deals with

82. Criminal intimidation is explained in IPC under a) Qualification of advocates who should be
enrolled in the Bar
a) Section 503 to 506 b) Qualification to become the Advocate
b) Section 509 to 516
General
c) Section 319 to 329
c) Qualification to become the Solicitor
d) None of the above General of India
83. The case Krishna Gopal V/s State of MP relates d) (b) and (c)
to
88. Under the Workmen’s Compensation Act,
a) Water pollution which is helpful decide the extent of injury for
b) Air and water pollution compensation
c) Noise and air pollution a) Insurance certificate
d) Water and noise pollution
b) Medical examination
c) Medical Certificate
d) (b) and (c)

8
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

89. Section 23 of Workmen Compensation Act b) Consumer Forum


1923 says that the Commissioner shall have the c) Magistrate Court
power of d) Sessions Court

a) A Court 95. The term Tort is a


b) A Tribunal
c) A quasi judicial form a) Latin Word
b) French Word
d) All of the above
c) English word
90. The objective of the Industrial Dispute Act 1947 d) Italian word
is
96. In Tort, what is ‘vicarious liability’?
a) Industrial peace and economic justice
b) To create harmonious relation between a) A person is generally liable for his own
wrongful act
employer and employee
b) A person is liable for the wrongful act done
c) To prevent illegal strike or lockout etc.,
d) All of the above by other person
c) A person is liable for the wrongful act in his
91. Section 2 (q) of Industrial Dispute Act 1947 absence
provides the definition of d) None of the above

a) Lock Out 97. Under Section 2(1) (f) of Consumer Protection


b) Lay Off Act 1986 , defect is meant by any fault,
c) Strike imperfection or shortcomings in
d) Hartal ………………………in relation to the goods

92. The Land Acquisition Act came into force from a) Quality and Quantity
b) Potency
a) 1st March 1955 c) Purity or standard
b) 1st March 1986 d) All of the above
c) 1st March 1994
d) 1st March 1894 98. Which of the following falls under the
categories of Act of God
93. Under the Land Acquisition Act, the ‘arable
land’ means a) Storm and cyclone
b) Extra ordinary rainfall or flood
a) Useful for residential purpose c) Lightning and thunder
b) Useful for commercial purpose
d) All of the above
c) Useful for cultivation
d) Useful for industrial purpose 99. Income Tax Act was enacted in

94. Cheque bouncing cases charged U/s. 138 of a) 1951


Negotiable Instruments Act is trialed by b) 1961
c) 1971
a) Bank Tribunal

9
BCI- DEC 2017 AIBE-XI ENGLISH -Set-D

d) None of the above

100. ‘Income’ is defined under Section 24 of the


Income Tax Act, as
a) Profits and gains
b) Dividend
c) Voluntary contribution received by a Trust
for charitable Purpose
d) All of the above

10
Question. No. Set A Set B Set C Set D
1 C C C A
2 C A A A
3 B D C A
4 D C D D
5 C C C A
6 A D C B
7 D B D C
8 B B B A
9 C D C D
10 C D C C
11 A B D B
12 B D C D
13 D D B D
14 A B A A
15 C C D C
16 A C A A
17 C A D A
18 D B C A
19 D D D D
20 A A C A
21 D B C D
22 A C C C
23 A A B C
24 D C D D
25 C C C D
26 A C A B
27 A B A C
28 A C D C
29 B C A A
30 C D B B
31 B B D D
32 A C A A
33 C C D C
34 B A A A
35 C A A C
36 D A D D
37 C D C D
38 B B A A
39 A A A D
40 D C A A
41 A C B A
42 D D C D
43 C A A C
Ques. No. Set A Set B Set C Set D
44 D B D A
45 C D C A
46 B D C A
47 C D D B
48 A A A C
49 C D C A
50 C A A C
51 C B D A
52 B C C D
53 C C C C
54 C A A C
55 B C A D
56 A D A B
57 B C D C
58 D B B C
59 D A A C
60 D D B B
61 A A C D
62 D D A C
63 A C C A
64 C D C B
65 A C C C
66 D B B A
67 C D C C
68 B A A C
69 D D D C
70 D A C B
71 A A B C
72 C D D C
73 A C D B
74 A A A A
75 A A C B
76 D A C D
77 C B B D
78 C C A D
79 D A B B
80 B C D C
81 C A D C
82 A D D A
83 C C B C
84 A A C D
85 D C C C
86 B D A B
Ques. No. Set A Set B Set C Set D
87 C C B A
88 C A B D
89 A D D A
90 A C D D
91 D B B C
92 C D D D
93 C D D C
94 D A B C
95 B C C B
96 B C C B
97 D B A D
98 D D B D
99 B C D B
100 D A A D

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