AIBE 18 Question Paper (Set D) with Answer key and Solution PDF is available to download here. AIBE 18 was successfully conducted by Bar Council of India (BCI) on December 10, 2023. The question paper comprised a total of 100 questions.
AIBE 18 Question Paper with Answer Key and Solution PDF (Set D)
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AIBE 18 Questions with Solution (Set D)
| Question | Answer | Detailed Solution |
|---|---|---|
| 1.For what duration is a woman entitled to leave with wages for tubectomy operation as per the Maternity Benefit Act, 1961? (A) 2 weeks (B) 4 weeks (C) 6 weeks (D) 8 weeks |
(A) 2 weeks | Under the Maternity Benefit Act, 1961, a woman is entitled to a paid leave of 2 weeks for undergoing a tubectomy operation.The Maternity Benefit Act provides specific post-operative leave entitlements to support women’s health. |
| 2.What should be the minimum number of workers originally employed in any factory for having at least one canteen in the factory as per the Factories Act, 1948? (A) 100 workers (B) 150 workers (C) 200 workers (D) 250 workers |
(D) 250 workers | According to the Factories Act, 1948, if a factory employs 250 or more workers, it must have at least one canteen for the workers. Canteen facilities are mandated in factories with 250 or more workers to ensure basic welfare provisions. |
| 3.Who among the following is not included in the definition of a workman as per the Industrial Disputes Act, 1947? (A) A supervisor drawing a monthly salary of ₹6,000. (B) A supervisor drawing a monthly salary of ₹8,000. (C) A supervisor drawing a monthly salary of ₹10,000. (D) A supervisor drawing a monthly salary of ₹12,000. |
(D) A supervisor drawing a monthly salary of ₹12,000. | Under the Industrial Disputes Act, 1947, a supervisor earning above a certain threshold (typically ₹10,000) is not classified as a workman. Hence, a supervisor with a salary of ₹12,000 falls outside the definition. The term "workman" has salary limits under the Industrial Disputes Act, excluding higher-paid supervisory roles. |
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4.Who has defined tort as ‘tortious liability arises from the breach of duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages’? |
(D) Winfield | Winfield provided this definition, emphasizing that tortious liability arises from a duty fixed by law, which, when breached, can be redressed by unliquidated damages. Winfield’s definition focuses on tort law’s foundation in legal duties and redress through unliquidated damages. |
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5.The Gloucester Grammar School case relates to which of the following important maxims? |
(A) Damnum sine injuria | The Gloucester Grammar School case established the principle of damnum sine injuria, meaning damage without legal injury. In this case, financial loss without a legal right being violated was not compensable. Damnum sine injuria refers to cases where loss occurs without a breach of legal rights. |
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6.Which of the following provision of the Motor Vehicles Act, 1988 relates to no fault liability? |
(A) Section 140 | Section 140 of the Motor Vehicles Act, 1988, establishes "no fault liability," allowing for compensation without the need to prove fault or negligence in certain accidents. "No fault liability" under Section 140 provides victims quick compensation regardless of fault. |
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7.How many consumer rights are identified under the Consumer Protection Act, 2019? |
(C) 6 | The Consumer Protection Act, 2019, identifies six key consumer rights, including the right to safety, information, choice, redressal, education, and to be heard.The Consumer Protection Act ensures six essential rights to protect consumer interests. |
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8.Which of the following body constituted under the Consumer Protection Act, 2019 is authorised to render advice on promotion and protection of consumers’ rights under the Act? |
(B) Central Consumer Protection Council | Under the Consumer Protection Act, 2019, the Central Consumer Protection Council is tasked with advising the government on consumer rights promotion and protection.The Central Consumer Protection Council advises on safeguarding consumer rights and promoting awareness under the Act. |
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9.Which provision of the Constitution of India states that no tax can be levied or collected except by authority of law? |
(D) Article 265 | Article 265 mandates that no tax shall be levied or collected except by the authority of law, ensuring taxation is imposed only through legal enactment. Article 265 safeguards against unauthorized taxation, requiring all taxes to be imposed by law. |
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10.Which would be the first previous year in case of a business or profession newly set up on 31st March, 2020 as per the Income Tax Act, 1961? |
(B) Start from 31st March 2020 | For a business newly set up on 31st March, 2020, the first previous year begins and ends on that date as it marks the financial year's close. New businesses started on the financial year's last day close their previous year the same day. |
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11.As per the Income Tax Act, 1961, a person is said to be resident of India if he had been in India for how many days in the previous year? |
(B) 182 days | The Income Tax Act, 1961 considers a person a resident if they are in India for at least 182 days in a financial year.The 182-day rule is a criterion for determining tax residency in India. |
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12.Income is defined under which of the following provision of the Income Tax Act, 1961? |
(B) Section 2(24) | Section 2(24) defines "income" for taxation, detailing various income types included under this term.Section 2(24) broadly defines income, covering different sources for tax purposes. |
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13.Which is not a fraud as per the Indian Contract Act, 1872?(A) Promise without intent to perform |
(C) Mere silence if no duty to speak | Mere silence does not constitute fraud unless there is a duty to speak or silence is misleading.Silence is not fraud unless disclosure is mandatory or misleading. |
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14.What statement is correct if A, intending to deceive B, falsely represents production at A's factory, leading B to buy it? |
(C) Contract is voidable by B | Since A’s false representation induced B, B can void the contract. Misrepresentation-induced contracts are voidable at the misled party's option. |
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15.Which injunction can only be granted by a decree on the merit of the suit? |
(B) Perpetual injunction | A perpetual injunction is granted through a final decree on merits, intended to permanently resolve the issue. Perpetual injunctions are granted as final relief after full case evaluation. |
| 16.A stipulation for compound interest on defaulted simple interest at the same rate as principal is not a penalty under? (A) Section 73 (B) Section 74 (C) Section 75 (D) Section 76 |
(B) Section 74 | Section 74 specifies that compound interest at the same rate is not a penalty if simple interest is defaulted.Increased interest upon default is not a penalty if within the principal rate. |
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17.What is the default interest payable under Section 63A of the Transfer of Property Act, 1882? |
(C) 9% per annum | Section 63A specifies a default interest rate of 9% unless agreed otherwise. Default rate is 9% in absence of other agreement. |
| 18.Which of the following is the time limit given under Section 17 of the Transfer of Property Act, 1882? (A) Life of the transferee (B) A period of 18 years from the date of transfer. (C) Either (A) or (B) whichever is longer (D) Neither (A) nor (B) |
B) A period of 18 years from the date of transfer. | Section 17 of the Transfer of Property Act, 1882 provides a time limit of 18 years from the date of transfer. This provision applies in specific situations where the transfer has limitations tied to a time period. |
| 19.Which of the following is not a negotiable instrument as per the Negotiable Instruments Act, 1881? (A) Promissory note (B) Hundi (C) Bill of exchange (D) Cheque |
B) Hundi | The Negotiable Instruments Act, 1881, officially recognizes promissory notes, bills of exchange, and cheques as negotiable instruments. Hundi, although commonly used in practice, is not formally recognized as a negotiable instrument under this Act. |
| 20.In the light of the Negotiable Instruments Act, 1881, at what rate interest will be charged if the rate of interest is not mentioned on the negotiable instruments? (A) 6% per annum (B) 10% per annum (C) 18% per annum (D) 20% per annum |
C) 18% per annum | According to the Negotiable Instruments Act, 1881, if a negotiable instrument does not specify an interest rate, the default rate is set at 18% per annum. |
| 21.Within what period from the date of publication of the declaration, if no award is made, the entire proceedings for the acquisition of land shall lapse as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013? (A) 6 months (B) 12 months (C) 18 months (D) 24 months |
B) 12 months | Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition proceedings will lapse if no award is made within 12 months from the date of publication of the declaration. |
| 22.What is the minimum percentage of affected families that need to give their prior consent for acquiring land for private companies as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013? (A) 75% (B) 80% (C) 90% (D) 100% |
B) 80% | According to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for land acquisition for private companies, prior consent of at least 80% of the affected families is required. |
| 23.Imagine an IPL team sets up a company to sell its own range of clothes. What type of intellectual property can the team use to show that the clothes are made by them? (A) Patents (B) Geographical Indications (C) Trademarks (D) Registered designs |
C) Trademarks | A trademark can be used to indicate the source or brand of products, allowing the IPL team to show that the clothes are made by them. Trademarks help in establishing brand identity and distinguishing goods from other sellers. |
| 24.How long do patents usually last for? (A) 10 years (B) 20 years (C) 25 years (D) 50 years |
B) 20 years | In most jurisdictions, including India, a patent typically lasts for 20 years from the date of filing. This period provides exclusive rights to the patent holder, after which the invention becomes public domain. |
| 25.The concept of freedom of trade and commerce mentioned in the Indian Constitution is motivated from the experience of the following country? (A) America (B) Australia (C) Ireland (D) United Kingdom |
B) Australia | The concept of freedom of trade, commerce, and intercourse throughout the territory of India, as mentioned in Article 301 of the Indian Constitution, is inspired by the Australian Constitution. |
| 26.Which of the following writs is issued to enforce the performance of public duties by the authority? (A) Mandamus (B) Quo warranto (C) Certiorari (D) Prohibition |
A) Mandamus | The writ of Mandamus is issued by a court to a public authority directing it to perform a public duty which it has failed or refused to perform. |
| 27.Which of the following Constitutional Amendment Acts made the provision for publishing the Hindi translation of the Constitution? (A) 52nd Amendment (B) 54th Amendment (C) 56th Amendment (D) 58th Amendment |
D) 58th Amendment | The 58th Amendment Act of 1987 made provision for an authoritative text of the Constitution in Hindi language and permitted its translation. |
| 28.Which of the following is the landmark judgment on the Colourable legislation? (A) State of Bihar v Kameshwar Singh (B) M. Karunanidhi v Union of India (C) State of Karnataka v Union of India (D) Keshavan Madhava Menon v State of Bombay |
A) State of Bihar v Kameshwar Singh | The doctrine of Colourable Legislation was discussed in the landmark case of State of Bihar v. Kameshwar Singh, which addressed the misuse of legislative powers. |
| 29.Which of the following Constitutional Amendment Acts was passed in light of the advisory opinion received in the Re Berubari case? (A) The Constitution (Fourth Amendment) Act, 1955 (B) The Constitution (Seventh Amendment) Act, 1956 (C) The Constitution (Ninth Amendment) Act, 1960 (D) The Constitution (Eleventh Amendment) Act, 1961 |
C) The Constitution (Ninth Amendment) Act, 1960 | The Ninth Amendment Act of 1960 was passed to implement the Nehru-Noon Agreement concerning the exchange of enclaves with Pakistan and in response to the advisory opinion given by the Supreme Court in the Re Berubari Union case. |
| 30.Which of the following provisions of the Constitution of India is relevant for solving questions of repugnancy between a Central law and a State law? (A) Article 248 (B) Article 252 (C) Article 254 (D) Article 256 |
C) Article 254 | Article 254 of the Indian Constitution deals with the doctrine of repugnancy, which resolves conflicts between Central and State laws on matters in the Concurrent List. According to this article, in case of a conflict, Central laws prevail over State laws. |
| 31.What transition period was provided in the Constitution of India for changing the official language of the Union from English to Hindi? (A) 5 years (B) 10 years (C) 15 years (D) 25 years |
C) 15 years | The Constitution of India provided a transition period of 15 years (from 1950 to 1965) to switch the official language of the Union from English to Hindi. This is outlined in Article 343. |
| 32.In which of the following cases was it held that there could be no reservation on a single post in the cadre? (A) Chakradhar Paswan v State of Bihar (B) K.C. Vasanth Kumar v State of Karnataka (C) A.B.S.K. Sangh (Rly) v Union of India (D) State of Kerala v N.M. Thomas |
A) Chakradhar Paswan v State of Bihar | In the case of Chakradhar Paswan v State of Bihar, the Supreme Court held that reservations cannot be applied to a single post within a cadre, as it would violate the principles of equality. |
| 33.Sexual harassment of a working woman at her place of work may also be considered as the violation of which of the following provisions of the Constitution of India? (A) Article 19(1)(b) (B) Article 19(1)(d) (C) Article 19(1)(e) (D) Article 19(1)(g) |
D) Article 19(1)(g) | Article 19(1)(g) of the Indian Constitution provides the right to practice any profession or to carry on any occupation, trade, or business. Sexual harassment at the workplace infringes on this right, affecting a woman’s freedom to work in a safe environment. |
| 34.Which of the following doctrines has been applied to resolve the conflict between Article 25(2)(b) and 26(b) of the Constitution of India? (A) Doctrine of Harmonious construction (B) Doctrine of Casus Omissus (C) Doctrine of Liberal interpretation (D) Doctrine of Pith and substance |
A) Doctrine of Harmonious construction | The Doctrine of Harmonious Construction is used to resolve conflicts between different provisions of the Constitution by interpreting them in a way that allows them to coexist. This doctrine was applied to harmonize Article 25(2)(b) and Article 26(b) regarding religious freedom and management of religious affairs. |
| 35.In which of the following situations may the Indian Penal Code, 1860 not apply? i. An offence committed by Indians outside India. ii. An offence committed by any person on any ship registered in India. iii. Any person committing an offence targeting computer resources located in any country. (A) Only i (B) Only ii (C) Only iii (D) Only i & ii |
C) Only iii | The Indian Penal Code (IPC), 1860 has extraterritorial application in certain cases, such as offences committed by Indian citizens outside India (Section 3) and offences on Indian-registered ships (Section 4). However, offences targeting computer resources outside India may not fall under IPC jurisdiction. |
| 36.How many types of punishment are currently existing under the Indian Penal Code, 1860? (A) 3 (B) 4 (C) 5 (D) 6 |
C) 5 | The IPC, 1860, provides for five types of punishments: (1) Death, (2) Imprisonment for life, (3) Imprisonment (rigorous or simple), (4) Forfeiture of property, and (5) Fine. |
| 37.A and Z agree to fence with each other for amusement. In the course of such fencing, while playing fairly, A hurts Z severely. Which of the following offence is committed by A? (A) Hurt (B) Attempt to murder (C) Grievous hurt (D) No offence |
D) No offence | In this case, both A and Z mutually consented to the activity (fencing for amusement) with an understanding of the potential risks involved. Therefore, A is not liable for any offence due to the consent provided by Z.38. |
| 38.In which of the following situations can the right of private defence not extend to causing death? (A) In case when an assault is causing apprehension of murder. (B) In case when assault is reflecting intention of committing rape. (C) In case when assault is reflecting intention of causing simple hurt. (D) In case when assault is reflecting intention of gratifying unnatural lust. |
C) In case when assault is reflecting intention of causing simple hurt | The right of private defence extends to causing death only in cases where there is a reasonable apprehension of death, grievous hurt, rape, unnatural lust, kidnapping, or wrongful confinement. An intention to cause simple hurt does not justify causing death in private defence. |
| 39.For which of the following Sections of the Indian Penal Code, 1860 does the word "benefit" not include pecuniary benefits? (A) Section 89 (B) Section 155 (C) Section 156 (D) Section 370 |
A) Section 89 | Section 89 of the IPC pertains to acts done in good faith for the benefit of a person under twelve years or of unsound mind, without pecuniary benefit. The term “benefit” here refers to well-being, not financial gain. |
| 40.X intentionally pulls up a woman’s veil without her consent intending to annoy her. As per the Indian Penal Code, 1860, which of the following offences has he committed? (A) Hurt (B) Criminal force (C) Assault (D) Grievous hurt |
B) Criminal force | Under the IPC, criminal force is the intentional use of force on a person without consent, with intent to cause injury, fear, or annoyance. By pulling up the woman’s veil without her consent, X has committed the offence of criminal force. |
| 41.What punishment is prescribed under the Indian Penal Code, 1860 for a person who maims any minor in order that such minor may be used for the purposes of begging? (A) Imprisonment for 5 years and fine (B) Imprisonment for 7 years and fine (C) Imprisonment for 10 years and fine (D) Imprisonment for life and fine |
D) Imprisonment for life and fine | Under Section 363A of the IPC, maiming a minor for the purpose of using them for begging is a grave offence, punishable with imprisonment for life and fine. |
| 42.X threatens to publish a defamatory libel concerning Y unless Y gives him money. Which of the following punishments may be given to X for the act committed by him as per the Indian Penal Code, 1860? (A) Imprisonment up to 2 years, or with fine or with both. (B) Imprisonment up to 3 years, or with fine or with both. (C) Imprisonment up to 5 years, or with fine or with both. (D) Imprisonment up to 7 years, or with fine or with both. |
B) Imprisonment up to 3 years, or with fine or with both. | This act falls under criminal intimidation with the intent of extortion. Under Section 503 and 506 of the IPC, the punishment for criminal intimidation is imprisonment up to 3 years, or with fine, or with both. |
| 43.Which of the following sentences is an Assistant Sessions Judge authorized to pass as per the Code of Criminal Procedure, 1973? (A) Sentence of death. (B) Sentence of imprisonment for life. (C) Sentence of imprisonment for a term not exceeding ten years. (D) Sentence of imprisonment for a term exceeding ten years. |
C) Sentence of imprisonment for a term not exceeding ten years. | According to the Code of Criminal Procedure, 1973, an Assistant Sessions Judge can impose a sentence of imprisonment for a term not exceeding ten years. |
| 44.A person arrested by a private person for committing a non-bailable and cognizable offence shall be re-arrested by a police officer if such person comes under which of the following provisions of the Code of Criminal Procedure, 1973? (A) Section 41 (B) Section 41A (C) Section 42 (D) Section 43 |
A) Section 41 | Section 41 of the Code of Criminal Procedure, 1973, empowers a police officer to arrest a person without a warrant in cases involving cognizable and non-bailable offences. If a private person has arrested someone for such an offence, Section 41 allows the police officer to re-arrest that individual. |
| 45.Under which of the following situations is a wife not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973? (A) Husband presumes that wife is living in adultery. (B) Voluntarily wife refuses to live with husband. (C) Wife living separately as husband keeps a mistress. (D) Wife is forcefully removed from the house. |
B) Voluntarily wife refuses to live with husband | Under Section 125 of the Code of Criminal Procedure, 1973, a wife is not entitled to maintenance if she voluntarily refuses to live with her husband without sufficient reason. However, if she is forced to live separately or if the husband’s conduct is unreasonable, she is entitled to maintenance. |
| 46.Which of the following procedures is dealt under Section 164-A of the Code of Criminal Procedure, 1973? (A) Medical examination of the victim of rape. (B) Attendance of witness by police officer. (C) Recording of confession statement. (D) Recording of first information report by police officer. |
A) Medical examination of the victim of rape | Section 164-A of the Code of Criminal Procedure, 1973, pertains to the medical examination of a rape victim. This provision ensures prompt medical examination to gather evidence and provide necessary care to the victim. |
| 47.Which of the following is incorrect with respect to the diary of proceedings in investigation as per the Code of Criminal Procedure, 1973? (A) The statements of witnesses recorded during investigation shall be inserted in the diary. (B) The diary shall be duly paginated. (C) The diary may be used as evidence. (D) Can be used by the police officers to refresh memory. |
C) The diary may be used as evidence | As per the Code of Criminal Procedure, 1973, the investigation diary is meant for internal use by the police and cannot be used as primary evidence in court. It can, however, be used to refresh the memory of police officers or by the court to verify facts. |
| 48.In which of the following cases is the manner of committing the offence not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973? (A) A is accused of the theft of a certain article at a certain time and place. (B) A is accused of cheating B at a given time and place. (C) A is accused of disobeying a direction of the law with intent to save B from punishment. (D) A is accused of giving false evidence at a given time and place. |
A) A is accused of the theft of a certain article at a certain time and place. | For the offence of theft, it is sufficient to specify the time, place, and article involved, without detailing the manner in which the theft was committed. In contrast, certain other offences, such as cheating or disobedience, may require specific details. |
| 49.Which of the following offences may be tried summarily as per the Code of Criminal Procedure, 1973? (A) Offence under Section 454 of the IPC. (B) Offence under Section 504 of the IPC. (C) Offence punishable with imprisonment for a term not exceeding two years. (D) Offence punishable with life imprisonment. |
C) Offence punishable with imprisonment for a term not exceeding two years. | The Code of Criminal Procedure, 1973, allows summary trials for offences punishable with imprisonment not exceeding two years, as these cases are relatively minor and can be resolved quickly. |
| 50.Which of the following Sections of the Code of Criminal Procedure, 1973 provides for reference to the High Court? (A) Section 275 (B) Section 325 (C) Section 383 (D) Section 395 |
D) Section 395 | Section 395 of the Code of Criminal Procedure, 1973, allows a court to refer certain questions of law to the High Court when it feels that such questions require higher judicial interpretation. |
| 51.A person accused of the following offences may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973: i. Accused of offence under Section 376AB of the IPC. ii. Accused of offence under Section 376DA of the IPC. iii. Accused of offence under Section 376DB of the IPC. (A) i & ii (B) ii & iii (C) iii & i (D) i, ii & iii |
D) i, ii & iii | Section 438 of the CrPC provides for anticipatory bail, but it is not applicable for offences under Sections 376AB, 376DA, and 376DB of the IPC, which pertain to serious sexual offences and carry stringent provisions that restrict anticipatory bail. |
| 52.Which of the following acts, if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973? (A) Tender a pardon under Section 306 of CrPC. (B) Recall a case and try it under Section 410 of the CrPC. (C) Attaches property under Section 83 of the CrPC. (D) Hold an inquest under Section 176 of the CrPC. |
C) Attaches property under Section 83 of the CrPC. | According to the CrPC, a Magistrate must be duly empowered to attach property under Section 83. If a Magistrate without proper authority performs this action, even in good faith, it will vitiate the proceedings. |
| 53.Which of the following is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908? (A) Averments made in the plaint (B) Averments made in the written statement (C) Both (A) & (B) (D) Neither (A) nor (B) |
A) Averments made in the plaint | Jurisdiction of a Civil Court is determined by the averments made in the plaint at the time of filing. The court looks at the statements and claims in the plaint to decide its jurisdiction, not the contents of the written statement. |
| 54.Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908? (A) Suit for recovery of voluntary payments or offerings. (B) Suit for rights of franchise. (C) Suit for specific reliefs. (D) Suit relating to rights of worship. |
A) Suit for recovery of voluntary payments or offerings. | Section 9 of the CPC allows civil courts to entertain suits of civil nature. However, suits for the recovery of voluntary payments or offerings do not qualify as civil nature suits, as they do not pertain to enforceable private rights. |
| 55.Which of the following provisions of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in representative suits? (A) Section 11, Explanation V (B) Section 11, Explanation VI (C) Section 11, Explanation VII (D) Section 11, Explanation VIII |
B) Section 11, Explanation VI | Section 11, Explanation VI of the CPC applies the doctrine of res judicata to representative suits, ensuring that a decision in a representative suit binds all parties represented, preventing re-litigation of the same issue. |
| 56.In which of the following situations will a court not issue summons for personal appearance to the defendant? (A) If defendant resides within the local limit of the court’s jurisdiction. (B) If defendant resides within 40 miles from the court. (C) If defendant resides 250 miles away from the court in an area having public conveyance available. (D) Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply. |
C) If defendant resides 250 miles away from the court in an area having public conveyance available. | As per the CPC, the court generally issues summons within a reasonable distance to facilitate personal appearance. If the defendant resides 250 miles away in an area where public conveyance is available, the court may avoid issuing summons for personal appearance due to the impracticality of distance. |
| 57.In which of the following situations is a plaintiff precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908? (A) Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs. (B) Dismissal of suit because neither party appeared. (C) Dismissal of suit because plaintiff did not appear. (D) Dismissal of suit because plaintiff did not apply for fresh summons within given time limit once it returned unserved. |
C) Dismissal of suit because plaintiff did not appear. | Under the CPC, if a suit is dismissed because the plaintiff does not appear, the plaintiff is generally precluded from bringing a fresh suit on the same cause of action unless the court permits restoration. |
| 58.How many times at max. may an adjournment be granted to a party during the hearing of the suit as per the Code of Civil Procedure, 1908? (A) Two times (B) Three times (C) Four times (D) No limit prescribed |
B) Three times | As per the CPC, adjournments are limited to a maximum of three per party during the hearing of a suit. This rule aims to expedite the judicial process by preventing unnecessary delays. |
| 59.Which of the following Amendment Acts made the provision in the Code of Civil Procedure, 1908 to produce a witness without a summons? (A) The Code of Civil Procedure (Amendment) Act, 1976 (B) The Code of Civil Procedure (Amendment) Act, 1999 (C) The Code of Civil Procedure (Amendment) Act, 2002 (D) Such provision does not exist. |
B) The Code of Civil Procedure (Amendment) Act, 1999 | The Code of Civil Procedure (Amendment) Act, 1999 introduced provisions allowing parties to produce witnesses without requiring a summons in certain circumstances, aimed at simplifying the process and reducing delays in court proceedings. |
| 60.Which of the following is not included in the word "costs" as provided under the Code of Civil Procedure, 1908? (A) The expenses of the witnesses incurred. (B) Legal fees and expenses incurred. (C) Fooding and lodging expenses incurred. (D) Any other expenses incurred in connection with the proceedings. |
C) Fooding and lodging expenses incurred. | Under the CPC, "costs" generally cover expenses directly related to the conduct of litigation, such as witness expenses and legal fees. However, costs do not typically include incidental expenses like food and lodging unless specifically awarded by the court. |
| 61.What period is prescribed under the Code of Civil Procedure, 1908 for defendant to enter an appearance for filing address for service of notice on him in case of a suit where summary procedure is to be applied? (A) Seven days from the date of receiving of summons. (B) Ten days from the date of receiving of summons. (C) Fifteen days from the date of receiving of summons. (D) Thirty days from the date of receiving of summons. |
B) Ten days from the date of receiving of summons. | In cases where summary procedure is applied under Order XXXVII of the CPC, a defendant is required to enter an appearance within ten days from the date of receiving the summons to proceed with the case. |
| 62.Under which of the following provisions of the Code of Civil Procedure, 1908 may the appellate court remit an issue for trial to the lower court? (A) Order XLI Rule 23 (B) Order XLI Rule 23-A (C) Order XLI Rule 24 (D) Order XLI Rule 25 |
D) Order XLI Rule 25 | Order XLI Rule 25 of the CPC allows an appellate court to frame and remit an issue for trial to the lower court when it finds it necessary for a just decision in the appeal. |
| 63.A is accused of the murder of B by beating him. Which of the following will not be considered as a relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872? (A) Whatever said by A or B at the time of beating. (B) Whatever done by A or B at the time of beating. (C) Whatever said by by-standers at the time of beating. (D) Whatever said by A or B a day before the day of beating. |
D) Whatever said by A or B a day before the day of beating. | Under the Indian Evidence Act, 1872, only statements or actions directly related to the incident and occurring at the same time are considered part of the same transaction. Statements made a day before the beating would not qualify as part of the same transaction. |
| 64.Which of the following provisions of the Indian Evidence Act, 1872 says that the confession to a police officer shall not be proved against him? (A) Section 24 (B) Section 25 (C) Section 26 (D) Section 27 |
B) Section 25 | Section 25 of the Indian Evidence Act, 1872, provides that a confession made to a police officer is inadmissible as evidence against the person making the confession, to prevent abuse of authority and ensure fair trials. |
| 65.Under which of the following provisions of the Indian Evidence Act, 1872 may a dying declaration be admitted as evidence? (A) Section 25 (B) Section 29 (C) Section 32 (D) Section 37 |
C) Section 32 | Section 32 of the Indian Evidence Act, 1872, allows the admission of a dying declaration as evidence, considering it credible as it is made by a person who believes they are about to die and thus has no motive to lie. |
| 66.Which of the following is correct according to the Indian Evidence Act, 1872 pertaining to the proof of contents of the documents? (A) Contents of the documents shall be proved by primary evidence. (B) Contents of the documents may be proved by secondary evidence. (C) Contents of the documents shall be proved by both primary and secondary evidence. (D) Contents of documents may be proved either by primary or by secondary evidence. |
D) Contents of documents may be proved either by primary or by secondary evidence. | According to the Indian Evidence Act, 1872, the contents of a document can be proved by primary evidence (the original document itself) or, in certain circumstances, by secondary evidence (e.g., copies of the document). |
| 67.Which of the following is a correct statement as per the Indian Evidence Act, 1872? (A) Leading questions may be asked in examination-in-chief. (B) Leading questions may be asked in cross-examination. (C) Leading questions may be asked in re-examination. (D) Leading questions cannot be asked in cross-examination. |
B) Leading questions may be asked in cross-examination. | Under the Indian Evidence Act, leading questions, which suggest the answer, are generally permitted in cross-examination but not in examination-in-chief or re-examination unless the court allows.68. |
| 68.In which of the following cases did the Supreme Court of India clarify the admissibility of electronic record as evidence? (A) Anvar P.V. v P.K. Basheer (B) State of Haryana v Jai Singh (C) State of Maharashtra v Natwarlal Damodardas Soni (D) State of Punjab v Jagir Singh |
A) Anvar P.V. v P.K. Basheer | In Anvar P.V. v P.K. Basheer, the Supreme Court clarified the requirements for the admissibility of electronic records as evidence, stating that electronic records must meet specific criteria outlined under Section 65B of the Indian Evidence Act. |
| 69.Which of the following is an incorrect statement in the light of the Indian Evidence Act, 1872? (A) Confession always goes against a person making it. (B) Admissions are conclusive as to the matters admitted. (C) Admissions may operate as an estoppel. (D) Confession is a statement, written or oral, which is a direct admission of guilt. |
B) Admissions are conclusive as to the matters admitted. | Admissions are not always conclusive proof of the matters admitted; they can be rebutted. They are only prima facie evidence and may operate as estoppel in certain circumstances. |
| 70.Which of the following Sections of the Indian Evidence Act, 1872 is an exception to the hearsay rule? (A) Section 32(1) (B) Section 32(2) (C) Section 32(3) (D) Section 32(5) |
A) Section 32(1) | Section 32(1) of the Indian Evidence Act is an exception to the hearsay rule, as it allows statements made by a person who cannot be called as a witness, such as in the case of dying declarations, to be admissible in court. |
| 71.Which of the following is not a recognized alternate dispute resolution mechanism under the Code of Civil Procedure, 1908? (A) Arbitration (B) Conciliation (C) Lok Adalat (D) Negotiation |
D) Negotiation | The recognized ADR mechanisms under the Code of Civil Procedure include arbitration, conciliation, mediation, and Lok Adalat. Negotiation, while an informal method of dispute resolution, is not formally recognized under the CPC as an ADR mechanism. |
| 72.Which of the following is an incorrect statement with respect to Lok Adalat? (A) No court fee is required in Lok Adalat. (B) Lok Adalat can deal with all civil & criminal matters. (C) Award of Lok Adalat is a deemed decree. (D) No appeal against the award of Lok Adalat is allowed. |
B) Lok Adalat can deal with all civil & criminal matters. | Lok Adalats primarily handle civil, matrimonial, and compoundable criminal cases. They cannot deal with all criminal matters, especially non-compoundable offences. This makes statement (B) incorrect. |
| 73.Which of the following is incorrect with respect to the arbitration agreement as per the Arbitration and Conciliation Act, 1996? (A) Arbitration agreement may be written as well as oral. (B) Arbitration agreement may be in the form of a separate agreement. (C) Arbitration agreement may be in the form of an arbitration clause in a contract. (D) Arbitration agreement may be for all or certain disputes which may arise between the parties. |
A) Arbitration agreement may be written as well as oral. | According to the Arbitration and Conciliation Act, 1996, an arbitration agreement must be in writing. Oral agreements are not recognized as valid arbitration agreements under the Act. |
| 74.In which of the following circumstances may an arbitrator not be challenged as per the Arbitration and Conciliation Act, 1996? (A) When a justifiable doubt as to his independence arises. (B) When a justifiable doubt as to his impartiality arises. (C) When he possesses the qualifications agreed by the party. (D) When he becomes ineligible as per the seventh schedule of the Act. |
C) When he possesses the qualifications agreed by the party. | An arbitrator cannot be challenged merely for possessing the qualifications agreed upon by the parties. Challenges are valid when there are justifiable doubts regarding the arbitrator’s independence, impartiality, or eligibility per the seventh schedule. |
| 75.When may two persons be said to be related to each other by half-blood in accordance with the Hindu Marriage Act, 1955? (A) When they are descended from a common ancestor by the same wife. (B) When they are descended from a common ancestor by different wives. (C) When they are descended from a common ancestress by different husbands. (D) When they are not descended from a common ancestor at all. |
C) When they are descended from a common ancestress by different husbands. | Under the Hindu Marriage Act, “half-blood” refers to individuals who share a common ancestor or ancestress but are descended through different spouses. In this case, it applies to those descended from a common ancestress by different husbands. |
| 76.Which of the following is generally not considered as a valid condition for a Hindu marriage as per the Hindu Marriage Act, 1955? (A) The parties should not have a spouse living at the time of the marriage. (B) The parties should be within the degrees of prohibited relationship. (C) The parties should not be sapindas of each other. (D) The parties should not be suffering from epilepsy. |
D) The parties should not be suffering from epilepsy. | The Hindu Marriage Act previously considered epilepsy as a disqualification for marriage. However, this condition was later removed as a requirement, so it is no longer a valid condition under the Act. |
| 77.Section 13(1) of the Hindu Marriage Act, 1955 provides for the following: i. Grounds for restitution of conjugal rights ii. Grounds for judicial separation iii. Grounds for divorce (A) i & ii (B) ii & iii (C) iii & i (D) Only iii |
B) ii & iii | Section 13(1) of the Hindu Marriage Act, 1955 provides grounds for both judicial separation and divorce. Restitution of conjugal rights is covered under Section 9, not Section 13. |
| 78.What is the meaning of a batil marriage in Muslim Law? (A) Valid marriage (B) Void marriage (C) Voidable marriage (D) Irregular marriage |
B) Void marriage | In Muslim law, a “batil” marriage refers to a void marriage, meaning it is null and has no legal effect from the outset. Such a marriage does not create any marital rights or obligations between the parties. |
| 79.What is ‘a contract of marriage which may be dissolved by the wife under a power delegated to her’ called under Muslim Law? (A) Talaq-us-sunnat (B) Talaq-ul-biddat (C) Talaq-i-tafweez (D) Talaq-a-hasan |
C) Talaq-i-tafweez | In Muslim law, Talaq-i-tafweez refers to a form of divorce where the husband delegates the power of talaq to his wife, allowing her to dissolve the marriage under specified conditions. |
| 80.A Hindu boy and a Hindu girl may be married under the following law: i. The Hindu Marriage Act, 1955 ii. The Special Marriage Act, 1954 (A) Only i is correct. (B) Only ii is correct. (C) Both i and ii are correct. (D) Neither i nor ii is correct. |
C) Both i and ii are correct. | Hindu marriages can be solemnized under either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. The latter allows interfaith marriages and provides an option for Hindus who wish to marry under a secular framework. |
| 81.Through which of the following Amendment Acts are the rights in the coparcenary property made available to a girl child as well? (A) The Hindu Succession (Amendment) Act, 2002 (B) The Hindu Succession (Amendment) Act, 2004 (C) The Hindu Succession (Amendment) Act, 2005 (D) The Hindu Succession (Amendment) Act, 2006 |
C) The Hindu Succession (Amendment) Act, 2005 | The Hindu Succession (Amendment) Act, 2005 granted equal rights to daughters in the coparcenary property, allowing them the same inheritance rights as sons. |
| 82.What should be the age difference between the adoptive father and his adopted daughter for a valid adoption? (A) 15 years (B) 18 years (C) 21 years (D) No specific age difference required. |
C) 21 years | According to the Hindu Adoption and Maintenance Act, 1956, there must be an age difference of at least 21 years between the adoptive father and the adopted daughter to ensure propriety in the adoption process. |
| 83.Which of the following case may be considered as the first reported case of PIL in India? (A) S.P. Gupta v Union of India (B) Hussainara Khatoon v State of Bihar (C) M.C. Mehta v Union of India (D) Kalyaneshwari v Union of India |
B) Hussainara Khatoon v State of Bihar | The case of Hussainara Khatoon v State of Bihar in 1979 is considered the first major case of Public Interest Litigation (PIL) in India. It highlighted the rights of undertrial prisoners and the need for speedy justice.8 |
| 84.Who among the following is considered the father of PIL in India? (A) Justice S.R. Das (B) Justice V.R. Krishna Iyer (C) Justice P.N. Bhagwati (D) Justice H.R. Khanna |
C) Justice P.N. Bhagwati | Justice P.N. Bhagwati is widely regarded as the father of Public Interest Litigation (PIL) in India. He played a key role in developing and expanding the concept of PIL to provide justice to marginalized sections of society. |
| 85.Against which of the following a PIL cannot be filed? (A) Against a State Government (B) Against Central Government (C) Against a private party (D) Against Municipal Corporation |
C) Against a private party | Public Interest Litigation (PIL) is generally filed to address issues affecting the public interest and is typically directed against state actors or public bodies. PIL cannot be filed against private individuals or entities unless there is a significant public interest aspect involving state or statutory obligations. |
| 86.In the light of the guidelines issued by the Supreme Court of India, on which of the following issues can a PIL not be entertained by the Court? (A) Bonded labour matters. (B) Petition from jail for pre-mature release. (C) Matters pertaining to neglected children. (D) Petitions against police for refusing to register a case. |
B) Petition from jail for pre-mature release. | According to the Supreme Court guidelines, PILs are not intended to address individual grievances, such as petitions for pre-mature release from jail. PILs are designed to address issues of larger public interest, such as bonded labor and child welfare. |
| 87.In which of the following landmark cases was it held that the Principles of Natural Justice were applicable not only to judicial and quasi-judicial functions, but also to administrative functions? (A) A.K. Kraipak v Union of India (B) Ram Jawaya Kapoor v State of Punjab (C) Sonik Industries Rajkot v Municipal Corporation, Rajkot (D) Maneka Gandhi v Union of India |
B) Ram Jawaya Kapoor v State of Punjab | In Ram Jawaya Kapoor v State of Punjab, the Supreme Court held that the principles of natural justice apply to both judicial and administrative functions, marking a broad interpretation of natural justice within administrative law. |
| 88.In which of the following judgments did the Supreme Court comprehensively reconsider the S.P. Sampath Kumar v Union of India case? (A) J.B. Chopra v Union of India (B) L. Chandra Kumar v Union of India (C) R.K. Jain v Union of India (D) S.K. Sarkar v Vinay Chandra Mishra |
B) L. Chandra Kumar v Union of India | In L. Chandra Kumar v Union of India, the Supreme Court extensively reviewed and overruled certain aspects of S.P. Sampath Kumar related to the powers and independence of administrative tribunals. |
| 89.Who among the following defined administrative law as ‘the law relating to the control of governmental power’? (A) Ivor Jennings (B) Wade (C) K.C. Davis (D) Garner |
B) Wade | Sir William Wade defined administrative law as “the law relating to the control of governmental power,” focusing on how public authorities’ actions are regulated by legal principles. |
| 90.What penalty is prescribed for persons illegally practising in courts under the Advocate Act, 1961? (A) Imprisonment up to 3 months (B) Imprisonment up to 6 months (C) Imprisonment up to 9 months (D) Imprisonment up to 12 months |
B) Imprisonment up to 6 months | The Advocate Act, 1961 prescribes a penalty of up to six months of imprisonment for unauthorized practice in courts. This provision aims to maintain professional standards and prevent unauthorized individuals from appearing in court. |
| 91.Which provision of the Advocate Act, 1961 empowers the Bar Council of India to prescribe the standard of professional conduct and etiquette to be observed by advocates? (A) Section 42 (B) Section 42A (C) Section 48A (D) Section 49 |
D) Section 49 | Section 49 of the Advocate Act, 1961 grants the Bar Council of India the authority to establish standards of professional conduct and etiquette for advocates. This helps ensure integrity and professionalism in the legal profession. |
| 92.Which of the following is incorrect according to the Bar Council of India Rules? (A) An Advocate can plead in any matter in which he is himself pecuniarily interested. (B) An advocate shall appear in court at all times only in the prescribed dress. (C) An Advocate shall not stand as a surety for his client. (D) An Advocate shall not influence the decision of a court by any improper means. |
A) An Advocate can plead in any matter in which he is himself pecuniarily interested. | According to the Bar Council of India Rules, an advocate cannot represent a case where he has a pecuniary interest, as this would create a conflict of interest. Thus, statement (A) is incorrect as per the rules. |
| 93.Which of the following authority acts as an appellate authority against the order made by the disciplinary committee of the Bar Council of India? (A) Chairman of the Bar Council of India (B) Vice-chairman of the Bar Council of India (C) High Courts (D) Supreme Court of India |
D) Supreme Court of India | The Supreme Court of India acts as the appellate authority for orders made by the disciplinary committee of the Bar Council of India. Appeals against disciplinary actions by the Bar Council can be directed to the Supreme Court. |
| 94.In which of the following situations will a one person company (OPC) mandatorily get converted into either a private or public company? (A) In case the paid-up share capital of an OPC exceeds twenty-five lakh rupees. (B) In case the paid-up share capital of an OPC exceeds fifty lakh rupees. (C) In case the paid-up share capital of an OPC exceeds seventy-five lakh rupees. (D) In case the paid-up share capital of an OPC exceeds one crore rupees. |
B) In case the paid-up share capital of an OPC exceeds fifty lakh rupees. | Under the Companies Act, 2013, an OPC is required to convert into a private or public company if its paid-up share capital exceeds fifty lakh rupees or its average annual turnover exceeds two crore rupees in the preceding three financial years. |
| 95.What is the minimum number of directors required for a public company as per the Companies Act, 2013? (A) 2 (B) 3 (C) 5 (D) 7 |
B) 3 | According to the Companies Act, 2013, a public company must have a minimum of three directors. Private companies require a minimum of two, while an OPC needs only one director. |
| 96.In which of the following cases did the Supreme Court of India explain the Precautionary Principle in detail? (A) Vellore Citizens’ Welfare Forum v Union of India (B) A.P. Pollution Control Board v M.V. Nayudu (C) Indian Council for Enviro-Legal Action v Union of India (D) M.C. Mehta v Kamal Nath |
A) Vellore Citizens’ Welfare Forum v Union of India | In Vellore Citizens’ Welfare Forum v Union of India, the Supreme Court elaborated on the Precautionary Principle, emphasizing preventive action to protect the environment from potential harm, even in the absence of full scientific certainty. |
| 97.Which of the following is a landmark case on the public trust doctrine in Environmental Law? (A) Vellore Citizens’ Welfare Forum v Union of India (B) Olga Tellis v Bombay Municipal Corporation (C) Indian Council for Enviro-Legal Action v Union of India (D) M.C. Mehta v Kamal Nath |
D) M.C. Mehta v Kamal Nath | The Supreme Court in M.C. Mehta v Kamal Nath applied the public trust doctrine, establishing that natural resources are held in trust by the government for the public and cannot be misused for private gain. |
| 98.In which of the following cases was Section 66A of the Information Technology Act, 2000 struck down by the Supreme Court? (A) Shreya Singhal v Union of India (B) K.A. Abbas v Union of India (C) Kartar Singh v State of Punjab (D) Maneka Gandhi v Union of India |
A) Shreya Singhal v Union of India | In Shreya Singhal v Union of India, the Supreme Court struck down Section 66A of the Information Technology Act, 2000, ruling that it violated the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. |
| 99.In which of the following cases an electronic record shall not be attributed to the originator as per the Information Technology Act, 2000? (A) Electronic record sent by the originator himself. (B) Electronic record sent by an authorised person. (C) Electronic record sent by an automated system programmed by him. (D) Electronic record sent by an unauthorized person. |
D) Electronic record sent by an unauthorized person. | Under the Information Technology Act, 2000, an electronic record is attributed to the originator if it was sent by the originator or by an authorized person or an automated system set up by the originator. If an unauthorized person sends the record, it cannot be attributed to the originator. |
| 100.What is the maximum period for which any woman shall be entitled to maternity benefit under the Maternity Benefit Act, 1961? (A) 6 weeks (B) 8 weeks (C) 12 weeks (D) 26 weeks |
D) 26 weeks | The Maternity Benefit (Amendment) Act, 2017 increased the maximum entitlement period for maternity benefit from 12 weeks to 26 weeks, supporting the health and well-being of mothers and their newborns. |
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