AIBE 5 question paper with answer key pdf (Set A) is available for download here. AIBE 5 was successfully conducted by Bar Council of India (BCI) on August 25, 2013. The question paper comprised a total of 100 questions.
AIBE 5 Question Paper with Answer Key PDF (Set A)
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________ is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests
"The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally." Whose statement is this?
The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees........ no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the specific case
Duty of an advocate towards his client is detailed out in which rules of Bar Council of India
Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?
Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?
Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff's action and it is called as
An attachment before judgment order takes away
The three pillars on which foundation of every order of injunction rests
________ is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.
Who decides as to which of the several modes he/she will execute the decree
Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as
________ is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.
A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation
The provision under CPC that relates to suit by indigent persons
S.5 of the Limitation Act, 1963 enables the court to condone delay in filing ________ on sufficient satisfaction of sufficient cause.
Limitation period prescribed in filing a suit by a mortgagor to recover possession of immoveable property mortgaged
Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts
The contents of documents may be proved either by
Oral accounts of the contents of a document given by some person who has himself seen it is
"The DNA test cannot rebut the conclusive presumption, envisaged under S.112 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non- access which is a negative proof." It was so held in which case
The statements of dead persons are relevant under which provision
"Witnesses are the eyes and ears of Justice". Whose statement is this
An accomplice is unworthy of credit unless he is corroborated in material particulars is a
Patent ambiguity in interpreting documents renders it
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal code
The gist of this offence is meeting of minds
A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B
Adulteration of food or drink intended for sale is punishable under
Voluntarily causing grievous hurt to deter public servant from his duty is
A obtains property from Z by saying- “Your child is in the hands of my gang and will be put to death unless you send us Rs.10,000/-." This offence is
Which provision under Criminal procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements?
Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section
The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of
Which provision under the Code provides the indication as to the rule against double jeopardy?
"If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed." It was so upheld in which case
"Provisions of S.195 of the Code are mandatory and non-compliance of it would vitiate the prosecution and all other consequential orders". In which case the court upheld so
Order granting anticipatory bail becomes operative becomes operative
A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per
Under S.41 of the Specific Relief Act, an injunction cannot be granted
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition?
It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of ________ and this has been overruled in the case of ________
By the Constitution (97th Amendment) Act, 2011 the following word has been inserted under Art. 19(1) (c)
Doctrine of Legitimate Expectation was discussed in the following case
The Supreme Court in Selvi&Ors. vs State Of Karnataka held that compulsory brain-mapping and polygraph tests and narco-analysis were in violation of the following Articles of the Constitution.
"Passive Euthanasia is permitted in certain cases "- held in
Delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. What is this type of contract called as
The essence of a contract of agency is the agent's
"A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act." – Whose statement is this?
A's nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that anybody who discovered the missing boy, would be given the reward of Rs.500. The servant discovered the missing boy without knowing the reward. When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts
A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question?
What property cannot be transferred under S.6 of Transfer of Property Act, 1882
A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. Can the interest so created for the benefit of the eldest son take effect?
The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under S.9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so
Which provision of Hindu Marriage Act, 1955 deals with conciliation
Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court
Equal pay for Equal work -can be enforced through
The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws -mentioned under
Justice Ramanandan Committee relates to
Original Jurisdiction of the Supreme Court is dealt under
Laws declared by the Supreme court shall be binding on all courts – mentioned under
According to the theory of 'social utilitarianism' as propounded by Ihering
Obstructing Public Servant in discharge of his public functions is a
Compensation to Victims of Crime under Criminal Law relates to
What persons may be charged jointly and tried together under S.223 of Cr.PC
"Contravention of contract labour Act would not create employment relationship between contract labour and principal establishment." It was so held in which case
The Principal regulator envisaged under the Trade Unions Act, 1926
A teacher is not a workman falling under the category of Workman under Industrial. Disputes Act, 1947.This was upheld in which case
The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to as
The contribution payable under the ESI Act in respect of an employee shall comprise of
Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid-off to claim for compensation
Natural law is the idea that
H. L. A. Hart's name is associated with the book
Section 9 of the Hindu Marriage Act, 1955 deals with
Daughter is equated with the son with reference to joint family property under
Mubara'at under Muslim law refers to
The discriminatory aspects of S-10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the
Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the tribunal for winding up of the company. The petition
Amalgamation of Companies in National Interest is dealt under
Under Section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than ______
A private limited company limits the number of members to
Contributory negligence means
Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability. - Held in the case of
"A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation" - Whose Statement is this
Under section 20 of the M.V. Act If a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for
Consumer Protection Act was brought into operation in the year
Under Consumer Protection Act, the jurisdiction of the District Forum should not exceed rupees
The Second principle of Rule of Law ( of A.V. Dicey) relates to
If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the constitution. Name the case
Accepting any other satisfaction than the performance originally agreed is known as
"Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in respect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it." In which case the principle was down so:
When a misrepresentation has been made, what are the alternative courses open to an aggrieved
A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was caused by--------------.
"The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed". Whose statement is this?
Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic.
According to the Indian law in a lawful contract, consideration
Raghav owes Murli Rs.10,000/-.This debt is time barred by the limitation Act. Even then Murli, promises in writing to pay Raghav R. 4,500/- on account of debt and signs the document. This contract is
An agency can be terminated by
Which type of loss are not covered by a contract of indemnity
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