AIBE 9 Question Paper with Answer Key (Set A)

Step 1: Understanding customary international law.

Customary international law develops from consistent state practice and the belief that such practice is legally obligatory. This includes both state actions (what states do) and state claims (assertions of rights or duties).

Step 2: Application.

Both state actions and state claims are necessary elements to establish a customary rule.

Step 3: Conclusion.

Hence, the correct answer is (c) both 1 and 2.
Quick Tip: Customary international law is based on two essential elements: (1) state practice and (2) opinio juris (sense of legal obligation).

Step 1: Legal context.

The Information Technology Act, 2000 provides for the regulation of certifying authorities. The Controller of Certifying Authorities (CCA) is required to maintain records of all categories of certifying authorities operating in India, whether domestic or foreign.

Step 2: Application.

Thus, disclosure records of Certifying Authority, Cross Certifying Authority, and Foreign Certifying Authority are all included.

Step 3: Conclusion.

Hence, the correct answer is (d) 1, 2 and 3.
Quick Tip: The CCA ensures accountability and transparency of certifying authorities by maintaining a comprehensive disclosure database.

Step 1: Legal provision.

Section 37 of the IT Act, 2000 states that the Certifying Authority may suspend a digital signature certificate if requested by the subscriber or if suspension is in the public interest.

Step 2: Elimination of incorrect options.

- Malpractice (1) and cyber terrorism (2) may lead to revocation, not suspension.

- Request by subscriber (3) and public interest (4) are explicitly mentioned for suspension.

Step 3: Conclusion.

Thus, the correct answer is (c) 3 and 4.
Quick Tip: Suspension is temporary, whereas revocation is permanent under the IT Act, 2000.

Step 1: Legal principle.

Under the IT Act, 2000 and Cyber Appellate Tribunal rules, an appellant may either appear in person or authorize a legal practitioner or officer.

Step 2: Restriction.

Relatives who are not officers or legal practitioners cannot be authorized to appear.

Step 3: Conclusion.

Hence, option (d) is correct.
Quick Tip: Before Cyber Appellate Tribunal, representation is restricted to self, a legal practitioner, or an officer—not relatives.

Step 1: Amendment study.

The Criminal Law (Amendment) Act, 2013 did not replace the word “rape” with “sexual assault.” Instead, it expanded the definition of rape but retained the term “rape.”

Step 2: Gender neutrality.

Rape is still not gender neutral in India; only a man can be accused, and only a woman can be a victim under Section 375 IPC.

Step 3: Age of consent.

The age of consent was raised from 16 to 18 years, not fixed at 16.

Step 4: Correct interpretation.

Thus, only option (a) is partially misstated—technically, the amendment broadened “rape,” but options (b), (c), and (d) are incorrect.
Quick Tip: After the 2013 amendment, the definition of rape was broadened, and the age of consent was fixed at 18 years.

Step 1: Section reference.

Section 354D IPC deals with stalking. For the first conviction, it is bailable.

Step 2: Second or subsequent conviction.

For subsequent conviction, it becomes cognizable and non-bailable.

Step 3: Conclusion.

Therefore, the correct answer is (c).
Quick Tip: Stalking (first conviction) = bailable; Stalking (second conviction) = non-bailable.

Step 1: Legal definition.

Kidnapping under Section 361 IPC involves taking a minor from lawful guardianship.

Step 2: Relevance of consent.

Consent of the minor is immaterial; only the guardian’s consent is relevant.

Step 3: Conclusion.

Thus, option (a) wholly immaterial is correct.
Quick Tip: In kidnapping, only the guardian’s consent matters, not the minor’s.

Step 1: Trade Union Act provision.

Section 21 of the Trade Unions Act, 1926 allows a person of 15 years of age or above to be a member.

Step 2: Application.

Hence, the minimum age required is 15 years.

Step 3: Conclusion.

The correct answer is (b).
Quick Tip: Even minors (15+) can join Trade Unions, but only adults (18+) can hold office bearer positions.

Step 1: Understanding “spurious goods.”

Spurious goods are those that are falsely claimed as genuine products, though in reality, they are counterfeit, duplicate, or fake.

Step 2: Differentiation.

- Poor quality goods (a) = defective goods, not spurious.

- Stolen goods (c) and unusable goods (d) are not covered under the Consumer Protection Act’s definition of spurious goods.

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: Remember: Spurious = fake/duplicate, Defective = poor quality.

Step 1: Legal provision.

Under the Motor Vehicles Act, 1988, liability for compensation in case of death or permanent disablement due to motor accidents is on the insurance company with whom the vehicle is insured.

Step 2: Clarification.

Though the owner and driver may be directly involved, compensation liability is primarily transferred to the insurer under statutory insurance.

Step 3: Conclusion.

Hence, option (d) Insurance Company is correct.
Quick Tip: Insurance companies are primarily liable to pay compensation under the Motor Vehicles Act, 1988.

Step 1: Applicability.

The Indian Evidence Act, 1872 applies strictly to judicial proceedings in courts, not to proceedings before arbitrators or tribunals unless specifically extended by law.

Step 2: Clarification.

- Arbitrations are not bound by the Evidence Act.

- Certain tribunals may adopt its principles, but the Act does not apply directly.

Step 3: Conclusion.

Hence, option (c) Judicial proceedings in court is correct.
Quick Tip: Evidence Act = applicable only to judicial proceedings in courts, not to arbitrations or tribunals.

Step 1: Definition.

Under Section 3 of the Indian Evidence Act, “fact in issue” refers to facts that are in dispute and require adjudication by the court.

Step 2: Application.

Facts admitted need not be proved; only disputed facts are “facts in issue.”

Step 3: Conclusion.

Therefore, option (b) is correct.
Quick Tip: Fact in issue = disputed fact, not admitted or undisputed fact.

Step 1: Bailable offence concept.

Under CrPC, in a bailable offence, the accused has a right to bail. It is not discretionary.

Step 2: Authority.

Bail can be granted by both the police officer (when the accused is in police custody) and the court (when the accused is presented before it).

Step 3: Conclusion.

Thus, option (c) is correct.
Quick Tip: In bailable offences, bail = right of accused; in non-bailable offences, bail = discretion of court.

Step 1: Legal principle.

As per the Arbitration and Conciliation Act, 1996, statements, admissions, and proposals made during conciliation proceedings are strictly confidential and cannot be used as evidence in any legal or arbitral proceeding.

Step 2: Purpose.

This confidentiality ensures free and fair negotiation without fear of later repercussions.

Step 3: Conclusion.

Hence, option (d) is correct.
Quick Tip: Conciliation proceedings are confidential and not admissible as evidence in court or arbitration.

Step 1: Authority of SFIO.

The SFIO is a statutory corporate fraud investigation agency under the Companies Act, 2013. It does not take cases suo motto or based on individual applications.

Step 2: Mandate.

It acts only when the Central Government refers a case to it for investigation of frauds relating to companies.

Step 3: Conclusion.

Thus, option (c) is correct.
Quick Tip: SFIO functions only on cases assigned by the Central Government, not independently or by public request.

Step 1: Nature of DPSPs.

Directive Principles of State Policy (Part IV of the Constitution) are non-justiciable, meaning they cannot be enforced in a court of law.

Step 2: Constitutional role.

They provide fundamental guidelines for governance and are essential in making policies and laws.

Step 3: Conclusion.

Hence, option (d) is correct.
Quick Tip: DPSPs are non-justiciable but provide the framework for social and economic justice in governance.

Step 1: Constitutional provision.

Under Article 85(2)(b) of the Indian Constitution, the President has the power to dissolve the Lok Sabha.

Step 2: Clarification.

While the Prime Minister and Council of Ministers may recommend dissolution, the formal act of dissolution rests with the President.

Step 3: Conclusion.

Thus, option (a) President is correct.
Quick Tip: Lok Sabha dissolution = power of President (usually on advice of Council of Ministers).

Step 1: Article reference.

Article 368 of the Indian Constitution provides that a Constitutional Amendment Bill can be introduced in either House of Parliament.

Step 2: Clarification.

Such a bill cannot be introduced in state legislatures. Only Parliament has the authority.

Step 3: Conclusion.

Hence, option (c) is correct.
Quick Tip: Constitutional Amendment Bills can originate in either House of Parliament, but not in state legislatures.

Step 1: Role of CPCB.

Under Section 16 of the Air (Prevention and Control of Pollution) Act, 1981, the Central Pollution Control Board (CPCB) is tasked with investigating, researching, and advising measures to control air pollution.

Step 2: Quality improvement.

One of its functions also includes improving the quality of air across the country.

Step 3: Conclusion.

Hence, both (a) and (b) are correct, making (c) the right answer.
Quick Tip: CPCB’s functions include monitoring, research, prevention, control, and improvement of air quality.

Step 1: Legal context.

The Indian Fisheries Act, 1897 specifically prohibits the destruction of fish by explosives, poisoning water, or using harmful substances.

Step 2: Clarification.

Other environmental acts like Environment (Protection) Act, 1986 or Water Act, 1974 deal with pollution broadly but not specifically with fish destruction.

Step 3: Conclusion.

Thus, option (c) is correct.
Quick Tip: The Indian Fisheries Act, 1897 is one of the earliest environmental protection laws in India.

Step 1: Understanding Section 10 CPC.

Section 10 of the Code of Civil Procedure, 1908 deals with "stay of suits" when a matter is already pending before another court in India.

Step 2: Limitation.

It does not apply when the earlier case is pending in a foreign court.

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: Section 10 CPC = applies to pending suits in Indian courts, not foreign courts.

Step 1: Legal definition.

Res judicata means "a matter once judicially decided is finally decided." Under Section 11 CPC, it prevents re-litigation of the same matter.

Step 2: Nature.

It is mandatory, not directory or discretionary. Courts must apply it when conditions are satisfied.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Res judicata ensures finality in litigation by preventing multiple suits on the same matter.

Step 1: Understanding international law weakness.

Unlike municipal law, international law lacks a central authority to enforce rules and impose sanctions.

Step 2: Correct reasoning.

Its weakness lies mainly in the absence of compulsory enforcement mechanisms, though it has recognized sources (treaties, customs, general principles).

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: The main weakness of international law = no global enforcement body or compulsory sanction system.

Step 1: Concept of Common Heritage of Mankind.

The principle applies to areas beyond national jurisdiction such as the Moon and outer space (Outer Space Treaty, 1967) and the deep seabed (UNCLOS, 1982).

Step 2: Clarification.

- High seas are governed by the principle of freedom, not common heritage.

- Antarctica is regulated by the Antarctic Treaty System, not common heritage.

Step 3: Conclusion.

Hence, the correct answer is (b) 1 and 3.
Quick Tip: Common Heritage of Mankind applies to Moon, outer space, and deep seabed, not high seas or Antarctica.

Step 1: Objectives of UN.

According to the UN Charter, objectives include peace and security, cooperation, respect for international law, and improving living standards.

Step 2: Clarification.

The UN does not impose or aim at establishing democratic governments; it respects state sovereignty.

Step 3: Conclusion.

Hence, option (c) is correct.
Quick Tip: UN promotes peace, cooperation, and development, but not political systems like democracy.

Step 1: Background.

After the 2012 Delhi gang rape incident, the Government of India constituted a committee to suggest amendments in criminal laws relating to sexual offences.

Step 2: Leadership.

This was headed by Justice J.S. Verma, along with Justice Leila Seth and Gopal Subramanium.

Step 3: Outcome.

The recommendations led to the Criminal Law Amendment Act, 2013.

Step 4: Conclusion.

Hence, option (c) is correct.
Quick Tip: Justice J.S. Verma Committee recommendations formed the basis of Criminal Law (Amendment) Act, 2013.

Step 1: Definition.

A perpetual injunction is a court order that permanently restrains a party from performing a wrongful act.

Step 2: Nature.

- It is a judicial remedy.

- It prevents wrongful acts.

- It is preventive and continuous in nature.

Step 3: Conclusion.

Thus, all statements are correct, making (d) the right answer.
Quick Tip: Perpetual injunction = permanent court order restraining wrongful acts.

Step 1: Legal background.

The Trade Unions Act, 1926 specifically excludes applicability of provisions of the Co-operative Societies Act, 1912 and the Companies Act, 1956 to registered trade unions.

Step 2: Clarification.

Trade unions are governed independently under the Trade Unions Act, 1926.

Step 3: Conclusion.

Thus, option (c) Both a and b is correct.
Quick Tip: Registered trade unions are independent of both Co-operative Societies Act and Companies Act provisions.

Step 1: Salmond’s definition.

According to Salmond, every legal right has a corresponding duty. A legal right means the power of a person to compel another person to act or abstain from acting.

Step 2: Explanation.

The person entitled to the right can avail it against another who owes the correlative duty.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Every legal right has a correlative duty—this is the essence of Salmond’s definition.

Step 1: Principle of precedent.

A precedent is binding until it is overruled or abrogated by a higher authority or replaced by legislation.

Step 2: Clarification.

- Public opinion does not affect precedent directly.

- Res judicata relates to finality of cases, not precedent.

- Lis pendens deals with property disputes during litigation.

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: A precedent loses its binding effect when it is abrogated or overruled.

Step 1: Article 299 requirement.

Article 299 requires government contracts to be expressed in the name of the President/Governor and executed by authorized persons.

Step 2: Effect of non-compliance.

Contracts not complying with Article 299 are void and cannot be enforced in a court of law.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Government contracts not meeting Article 299 conditions are void and unenforceable.

Step 1: Section 35 of Advocates Act.

Section 35 deals with punishment for professional misconduct. The disciplinary committee of a State Bar Council has wide powers.

Step 2: Punishments.

It can reprimand, suspend from practice, or remove the name of the advocate from the roll.

Step 3: Conclusion.

Thus, option (d) All of these is correct.
Quick Tip: State Bar Councils can reprimand, suspend, or remove advocates for misconduct under Section 35.

Step 1: Qualification under Advocates Act.

Section 24 of the Advocates Act, 1961 specifies that the minimum age requirement is 21 years. However, this provision has been changed and now the minimum requirement is completion of law degree (no fixed minimum age beyond 21 years completion is separately insisted).

Step 2: Clarification.

Other qualifications such as Indian citizenship, and absence of conviction for moral turpitude or offences under the Untouchability Act remain valid.

Step 3: Conclusion.

Thus, statement (a) is outdated/untrue and is the correct answer.
Quick Tip: State Bar Councils ensure candidates are citizens of India and have clean moral conduct.

Step 1: Principle of Limitation Act.

Under the Limitation Act, once the limitation period has begun, it cannot be stopped due to conditions like minority, insanity, or idiocy.

Step 2: Clarification.

Disabilities like minority or insanity can extend or postpone the starting point of limitation, but once time begins, it does not stop.

Step 3: Conclusion.

Thus, option (d) is correct.
Quick Tip: Limitation once started cannot be stopped—disabilities only delay the beginning, not halt the process.

Step 1: Negotiable Instruments Act.

When an instrument can be interpreted as either a promissory note or a bill of exchange, it creates uncertainty in its nature.

Step 2: Classification.

Such instruments are classified as “ambiguous instruments” under the Negotiable Instruments Act, 1881.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Ambiguous instruments are those that may be construed as either promissory notes or bills of exchange.

Step 1: CSR applicability.

Under Section 135 of the Companies Act, CSR obligations are based on net worth, turnover, or profit criteria. For foreign companies, Section 381 applies.

Step 2: Calculation method.

Net worth is calculated under Section 198 read with Section 381.

Step 3: Conclusion.

Thus, option (d) is correct.
Quick Tip: For foreign companies, CSR net worth is calculated as per Section 198 + Section 381.

Step 1: Understanding punishment theories.

- Reformative = aims at reform of the offender.

- Preventive = aims at preventing future crimes.

- Retributive = based on the principle of retaliation, i.e., evil for evil.

Step 2: Clarification.

The theory in question matches the retributive theory of punishment.

Step 3: Conclusion.

Thus, option (c) Retributive Theory is correct.
Quick Tip: Retributive theory = “an eye for an eye” concept in punishment philosophy.

Step 1: Provision under Section 4(5).

If the name of a company is identical or too similar to an existing company or trademark, the Registrar has the power to direct the company to change its name.

Step 2: Clarification.

The Registrar does not have the power to strike off the name or wind up a company on his own under this section. His authority is limited to directing a name change.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Registrar can direct a company to change its name if it is too similar to an existing one.

Step 1: Article 12 scope.

Article 12 defines “State” to include Government, Parliament, State Legislatures, local authorities, and other bodies under government control.

Step 2: Judicial interpretation.

Judgments have clarified that statutory bodies like Railway Board, Electricity Boards, Universities, and even Judiciary (when performing administrative functions) fall under Article 12.

Step 3: Conclusion.

Thus, option (d) All of the above is correct.
Quick Tip: Article 12 has a wide scope and includes statutory authorities, universities, and even judiciary in administrative capacity.

Step 1: Original interpretation.

Article 21 states that no person shall be deprived of life or personal liberty except according to procedure established by law. Initially, it meant any procedure prescribed by law enacted by a competent legislature.

Step 2: Post-Maneka Gandhi expansion.

Later, the Supreme Court (Maneka Gandhi case, 1978) held that such procedure must also be “just, fair, and reasonable,” bringing it close to “due process of law.”

Step 3: Conclusion.

The literal meaning is option (b), though judicial interpretation expanded its scope.
Quick Tip: Article 21 = “procedure established by law,” but after Maneka Gandhi, it must also be fair, just, and reasonable.

Step 1: Rule position.

Order 1, Rule 13 of CPC provides that objections to non-joinder or mis-joinder of parties must be taken at the earliest possible opportunity.

Step 2: Limitation.

If not raised early, such objections are deemed to be waived and cannot be raised later in appeal or revision.

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: Objections to mis-joinder or non-joinder must be raised at the earliest stage, else they are barred.

Step 1: Rule under CPC.

Section 21 of CPC provides that objections regarding the place of suing must be raised in the court of first instance and at the earliest possible opportunity.

Step 2: Limitation.

Such objections cannot be raised for the first time in appellate or revisional courts.

Step 3: Conclusion.

Hence, option (a) is correct.
Quick Tip: Objection to place of suing = raise early in trial court, else it is waived.

Step 1: Rule provision.

Order XXXII deals with suits by or against minors and persons of unsound mind. Rule 10 provides that if the next friend retires, dies, or is removed, the proceedings shall be stayed until a new next friend is appointed.

Step 2: Clarification.

The case is not dismissed or rejected; it is temporarily stayed.

Step 3: Conclusion.

Thus, option (a) stayed is correct.
Quick Tip: If a next friend is gone, proceedings are stayed until a replacement is appointed.

Step 1: Authority.

The Indian Computer Emergency Response Team (CERT-in), under the Ministry of Electronics and Information Technology, is empowered to block websites under the Information Technology Act, 2000.

Step 2: Clarification.

Other bodies like C-DAC or MCIIPC are technical or intellectual property bodies but do not have direct power to block sites.

Step 3: Conclusion.

Thus, option (a) CERT-in is correct.
Quick Tip: CERT-in is the national nodal agency for cybersecurity and blocking of websites in India.

Step 1: IPC provision.

Sections 96–106 of IPC provide the right of private defence of person and property.

Step 2: Limitation.

The right exists only when there is no time to seek help from public authorities. It is not available under all circumstances.

Step 3: Conclusion.

Hence, option (c) is correct.
Quick Tip: Private defence = emergency right; not available if state protection is accessible.

Step 1: Definition.

Section 2(oo) of Industrial Disputes Act defines retrenchment as termination of service by the employer for any reason whatsoever, other than as punishment, except in cases like voluntary retirement, superannuation, or termination on ground of continued ill-health.

Step 2: Clarification.

Termination due to ill-health is included, whereas abandonment or superannuation are not retrenchment.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Retrenchment = employer-initiated termination, except retirement, superannuation, or abandonment.

Step 1: Provision.

Section 14(3) of the Child Labour (Prohibition and Regulation) Act provides punishment for employing a child in contravention of the Act.

Step 2: Punishment.

The imprisonment may extend to two years.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Employing child labour is punishable with imprisonment up to 2 years under Section 14(3).

Step 1: Legal context.

In matrimonial disputes under Hindu Marriage Act (Section 9), if one spouse withdraws from the society of the other, the burden is on the respondent to prove reasonable excuse for such withdrawal.

Step 2: Clarification.

The petitioner only needs to prove withdrawal; the respondent must justify it.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: In restitution of conjugal rights, the burden of proof for withdrawal is on the respondent.

Step 1: Legal provision.

Under Section 85 of CrPC, a proclaimed offender whose property is attached may apply for restoration of property within 2 years from the date of attachment.

Step 2: Clarification.

If application is not made within 2 years, property is sold and proceeds vest in the government.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: A proclaimed offender must claim property within 2 years, else rights are lost.

Step 1: Nature of inquiry.

Determining whether a statement was actually recorded during investigation is a matter of evidence, i.e., a pure question of fact.

Step 2: Clarification.

It does not involve interpreting law or applying mixed legal principles; it is based only on factual verification.

Step 3: Conclusion.

Hence, option (b) is correct.
Quick Tip: Factual disputes like “whether a statement was recorded” = question of fact.

Step 1: Legal provision.

Section 173(2) CrPC empowers the Magistrate to take various courses of action when police submits a final report (closure report).

Step 2: Options available.

- Accept the report and close proceedings.

- Reject the report and take cognizance.

- Direct further investigation under Section 156(3).

Step 3: Conclusion.

Thus, all options are available, making (d) the correct answer.
Quick Tip: On a final police report, Magistrate has discretion: accept, reject, or order further investigation.

Step 1: Nature of Section 125 orders.

Section 125 of CrPC deals with maintenance orders. They are summary in nature, meant to provide quick relief to dependents (wife, children, parents).

Step 2: Civil court jurisdiction.

The orders under Section 125 do not finally determine rights; such rights can still be contested in a civil court through matrimonial or guardianship proceedings.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Orders under Section 125 CrPC are summary in nature and do not bar civil court remedies.

Step 1: Section 35 of Indian Contract Act.

It provides that contingent contracts dependent on the non-happening of an event within a fixed time become void if the event happens within that time or becomes impossible before expiry.

Step 2: Application.

- If the time expires without the event happening → contract becomes void.

- If it becomes impossible for the event not to happen before expiry → contract also becomes void.

Step 3: Conclusion.

Thus, both (b) and (c) are correct, making (d) the right answer.
Quick Tip: Contingent contracts on uncertain events are valid only until the event occurs or becomes impossible.

Step 1: Legal authority.

Sections 14 and 15 of the IT Act, 2000 deal with digital signatures and security procedures.

Step 2: Rule-making power.

Only the Central Government is empowered to prescribe such security procedures and practices under the Act.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Under the IT Act, 2000, only the Central Government can prescribe security practices.

Step 1: Duty of care.

For negligence to arise, there must first exist a duty of care owed by one person to another. Without this duty, no negligence claim can succeed.

Step 2: Breach of duty.

Once the duty of care is established, negligence requires a breach of that duty by failing to act as a reasonable and prudent person would in the same situation.

Step 3: Damage suffered.

The breach must cause actual damage or injury to the claimant. Without damage, negligence is not actionable.

Step 4: Conclusion.

Thus, all three elements—duty, breach, and damage—are essential ingredients of negligence, making option (c) correct.
Quick Tip: Tort of negligence requires three essentials: duty of care, breach, and resulting damage.

Step 1: Understanding vicarious liability.

Vicarious liability means one person is held liable for the wrongful acts (torts) committed by another, due to their relationship (master–servant, principal–agent, partners, etc.).

Step 2: Application to the given options.

- The principal can be held liable for the torts committed by his agent.

- The master can be held liable for the torts committed by his servant in the course of employment.

- Partners are jointly liable for each other’s wrongful acts committed during the business of the partnership.

Step 3: Conclusion.

Since all three relationships fall under vicarious liability, the correct option is (d) All of the above.
Quick Tip: Vicarious liability is based on the principle of “Qui facit per alium facit per se” – he who acts through another does the act himself.

Step 1: Understanding the necessity rule.

The Indian Evidence Act provides exceptions to the hearsay rule when the person making the statement cannot be produced in court.

Step 2: Situations covered.

- When the person is dead or incapable of giving evidence.

- When the person is alive but cannot be brought without unreasonable delay or expense.

- When the person cannot be found.

Step 3: Conclusion.

Since all the above conditions are included, the correct answer is (d).
Quick Tip: Statements of unavailable witnesses can be admitted as evidence under certain necessity exceptions.

Step 1: Primary vs Secondary Evidence.

Primary evidence means the original document itself. Secondary evidence is evidence that is not the original but provides proof of its contents.

Step 2: Types of Secondary Evidence.

- Certified copies or ordinary copies of a document.

- Oral account of the contents of the document given by someone who has seen it.

Step 3: Conclusion.

Hence, both (a) and (b) are included under secondary evidence.
Quick Tip: When the original document cannot be produced, secondary evidence may be admissible.

Step 1: Legal requirement.

According to the Indian Evidence Act and Indian Succession Act, a Will must be attested by at least two witnesses. At least one of them must be called to court to prove the execution of the Will.

Step 2: Applicability.

This requirement is the same whether the Will is registered, unregistered, or admitted.

Step 3: Conclusion.

Thus, option (d) is correct.
Quick Tip: Proof of a Will requires testimony of at least one attesting witness, regardless of registration status.

Step 1: Understanding Section 106.

Section 106 of the Evidence Act states that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Step 2: Applicability.

This section is applicable to:

- Parties to the suit.

- Strangers to the suit.

- Persons not parties but interested in the outcome of the suit.

Step 3: Conclusion.

Thus, the correct answer is (d) all of the above.
Quick Tip: Section 106 shifts the burden of proof when a fact lies exclusively within someone’s knowledge.

Step 1: Meaning of cognizable offences.

Cognizable offences are those where police can take immediate action. They are generally serious in nature (like murder, rape, theft, etc.).

Step 2: Police powers under CrPC.

In cognizable cases:

- Police can arrest a person without a warrant.

- Police can investigate the offence without prior permission from a Magistrate.

Step 3: Conclusion.

Therefore, the police have both the above powers, so option (c) is correct.
Quick Tip: Cognizable offences give wider powers to police—arrest without warrant and investigation without Magistrate’s order.

Step 1: Search during investigation.

According to CrPC provisions, only the officer who is in charge of the investigation has the legal authority to conduct searches without a warrant in specific circumstances.

Step 2: Limitation.

Not every police officer can randomly conduct searches without warrant. This power is specifically vested in the investigating officer responsible for the case.

Step 3: Conclusion.

Thus, the correct answer is (b).
Quick Tip: Only the investigating officer handling the case can conduct a search without warrant.

Step 1: Understanding committal proceedings.

Section 209 CrPC deals with committal of cases to the Court of Session when it appears to be triable by the Sessions Court.

Step 2: Nature of proceedings.

Committal proceedings are not considered a trial. They are preliminary in nature and thus fall under the category of “inquiry” as defined in CrPC.

Step 3: Conclusion.

Therefore, the nature of committal proceedings under Section 209 is inquiry, not trial.
Quick Tip: Committal proceedings are an “inquiry” and not a “trial.”

Step 1: Contract formation basics.

According to the Indian Contract Act:

- Proposal and its acceptance create a promise.

- A promise with consideration becomes an agreement.

- An agreement enforceable by law is a contract.

Step 2: Application to options.

All the options correctly reflect the legal formulae leading to the formation of a contract.

Step 3: Conclusion.

Therefore, option (d) is correct.
Quick Tip: Remember the sequence: Proposal → Promise → Agreement → Contract.

Step 1: Legal rule under Contract Act.

Section 4 of the Indian Contract Act states that communication of acceptance is complete as against the proposer when it is put in the course of transmission (e.g., posting a letter, sending an email) so as to be out of the power of the acceptor.

Step 2: Against acceptor vs proposer.

- Against the proposer → when it is posted / transmitted.

- Against the acceptor → when it reaches the proposer.

Step 3: Conclusion.

Thus, the correct answer is (b).
Quick Tip: Against proposer → transmission; Against acceptor → receipt.

Step 1: Understanding general offers.

A general offer is made to the public at large, and anyone fulfilling the condition can accept it. However, knowledge of the offer is essential.

Step 2: Case law.

In the famous case of Lalman Shukla v. Gauri Dutt, it was held that acceptance without knowledge of the offer does not constitute a valid contract.

Step 3: Conclusion.

Thus, for a valid general offer contract, the acceptor must know of the offer before acceptance. Hence, option (b) is correct.
Quick Tip: For general offers, knowledge of the offer is mandatory before performance of its conditions.

Step 1: Relevant law.

Section 20 of the Transfer of Property Act states that when property is transferred for the benefit of an unborn person, he acquires vested interest upon birth.

Step 2: Explanation.

No waiting period like 7 or 12 days is mentioned in the law. The right is automatic upon birth.

Step 3: Conclusion.

Thus, the correct answer is (a).
Quick Tip: Under TPA, unborn beneficiaries acquire vested interest immediately upon birth.

Step 1: Section 53 TPA.

The Transfer of Property Act, Section 53, deals with fraudulent transfers made with intent to defeat or delay creditors.

Step 2: Right of creditors.

Such transfers are voidable at the option of the creditor whose rights are defeated or delayed, not at the option of the debtor.

Step 3: Conclusion.

Therefore, option (a) is correct.
Quick Tip: Fraudulent transfers to defeat creditors are voidable at the option of the creditor.

Step 1: Nature of liability.

Under the Indian Contract Act, joint promisors are jointly and severally liable for performance. This principle extends to co-judgment debtors.

Step 2: Explanation.

The decree holder can recover the entire amount from any one of them, and it is then the responsibility of the debtors to adjust amongst themselves.

Step 3: Conclusion.

Hence, the correct option is (b).
Quick Tip: In case of joint liability, creditors can enforce full recovery against any one of the debtors.

Step 1: Meaning of “at sight.”

Section 21 of the Negotiable Instruments Act defines “at sight” to mean “on presentation.”

Step 2: Practical application.

For bills of exchange and promissory notes payable at sight, payment must be made immediately upon presentation.

Step 3: Conclusion.

Thus, the correct answer is (a).
Quick Tip: “At sight” in negotiable instruments means payable immediately when presented.

Step 1: Scope of Section 5.

Section 5 of the Limitation Act, 1963 provides for extension of prescribed period in certain cases if “sufficient cause” is shown for delay.

Step 2: Non-applicability.

This provision does not apply to suits or execution proceedings, since limitation in those cases is strict.

Step 3: Applicability.

It is applicable to appeals, applications, and certain election petitions, provided sufficient cause is shown.

Step 4: Conclusion.

Therefore, the correct option is (c).
Quick Tip: Section 5 allows condonation of delay, but it does not apply to suits or execution proceedings.

Step 1: CSR provisions.

Section 135 of the Companies Act, 2013 mandates CSR for certain companies based on financial criteria.

Step 2: Criteria.

A company must constitute a CSR Committee if it has:
- Net worth of ₹500 crore or more, OR
- Turnover of ₹1000 crore or more, OR
- Net profit of ₹5 crore or more during any financial year.

Step 3: Application.

Option (c) satisfies the above criteria exactly.

Step 4: Conclusion.

Hence, the correct answer is (c).
Quick Tip: CSR under Companies Act applies if net worth ≥ ₹500 cr OR turnover ≥ ₹1000 cr OR net profit ≥ ₹5 cr.

Step 1: Doctrine of disqualification.

Under succession laws, if a person is disqualified from inheriting property (e.g., due to murder or civil disability), then such person is treated as non-existent for inheritance purposes.

Step 2: Effect on heirs of disqualified person.

The heirs of a disqualified person cannot claim inheritance through that person because the disqualified person transmits no interest.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: A disqualified heir is treated as civilly dead for inheritance purposes.

Step 1: Nature of discretionary power.

When a statute grants discretionary power to an authority, the courts generally do not interfere with the manner of its exercise.

Step 2: Judicial review.

However, courts can ensure that the power is exercised fairly, reasonably, and in accordance with the law. The court cannot substitute its own discretion but can check legality.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Courts cannot dictate how discretion is used but can ensure that it is exercised legally and not arbitrarily.

Step 1: Background.

The Bar Council of India framed a rule restricting persons above 45 years of age from being enrolled as advocates.

Step 2: Judicial ruling.

The Supreme Court in Indian Council of Legal Aid and Advice v. Bar Council of India held this rule unconstitutional as it violated Article 14 of the Constitution (right to equality).

Step 3: Conclusion.

Thus, the correct case is option (b).
Quick Tip: Age-based restrictions on enrollment as advocates were struck down as unconstitutional.

Step 1: Nature of arbitral award.

An arbitral award is a decision of the arbitral tribunal, and it has the same effect as a court decree. It is not a contract.

Step 2: Valid requirements.

- It must be in writing and signed.

- It may include an interim award.

Step 3: Conclusion.

Thus, statement (a) is incorrect, making it the right answer.
Quick Tip: An arbitral award is not a contract; it is a binding decision enforceable like a court decree.

Step 1: Understanding jurisdiction.

If a tribunal inherently lacks jurisdiction, the consent or actions of the parties cannot confer it.

Step 2: Analysis of other options.

- (a) Doctrine of stare decisis applies mainly to courts, not all adjudicatory bodies.

- (b) Doctrine of res judicata does apply to tribunals.

Step 3: Conclusion.

Thus, option (c) is correct.
Quick Tip: Jurisdiction cannot be conferred on a tribunal by consent of parties—it must come from law.

Step 1: Case background.

In V.C. Rangadurai v. D. Gopalan, the Supreme Court dealt with reinstatement of an advocate who had been suspended/disbarred.

Step 2: Rule laid down.

The Court held that the advocate bears the burden of proving that he has reformed and is entitled to resume practice without restrictions.

Step 3: Conclusion.

Thus, option (d) correctly reflects the Supreme Court’s view.
Quick Tip: Suspended/disbarred advocates must prove reformation before resuming practice.

Step 1: Background.

The Arbitration and Conciliation Act, 1996 was enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration, and enforcement of foreign awards.

Step 2: Source.

It is based on the UNCITRAL (United Nations Commission on International Trade Law) Model Law on International Commercial Arbitration, 1985.

Step 3: Conclusion.

Thus, the correct answer is (d).
Quick Tip: The 1996 Act aligns Indian arbitration law with global UNCITRAL standards.

Step 1: Shelf prospectus meaning.

A shelf prospectus allows a company to issue securities in one or more tranches without filing a fresh prospectus each time.

Step 2: Authority.

The Securities and Exchange Board of India (SEBI) is empowered to regulate matters relating to shelf prospectus.

Step 3: Conclusion.

Therefore, option (a) SEBI is correct.
Quick Tip: Shelf prospectus rules are framed and regulated by SEBI under the Companies Act.

Step 1: Definition of cattle.

Section 2 of the Indian Forest Act, 1927 defines cattle to include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, and kids.

Step 2: Exclusion.

Cats or kittens are not part of this definition.

Step 3: Conclusion.

Thus, the correct answer is (c) Kitten.
Quick Tip: The definition of “cattle” under the Indian Forest Act is broader than common usage but excludes cats.

Step 1: Legislative intent.

The Arbitration and Conciliation Act, 1996 was enacted to modernize arbitration law and align it with UNCITRAL principles.

Step 2: Case ruling.

In Olympus Superstructures Pvt. Ltd. v. Meera Vijay, the Supreme Court clarified that the 1996 Act must be interpreted independently, without being influenced by the repealed 1940 Act.

Step 3: Conclusion.

Therefore, option (c) is correct.
Quick Tip: Courts must interpret the 1996 Act independently of the outdated 1940 Act.

Step 1: Independence of auditors.

The Companies Act, 2013 emphasizes auditor independence and prohibits auditors from rendering certain services that create a conflict of interest.

Step 2: Prohibited services.

Auditors cannot provide internal audit, actuarial services, managerial services, and other prescribed non-audit services.

Step 3: Conclusion.

Thus, option (d) All of these is correct.
Quick Tip: Auditors must remain independent—hence prohibited from managerial or consultancy roles in the same company.

Step 1: Relevant provision.

Section 38J of the Wild Life (Protection) Act, 1972 makes teasing, molesting, or causing disturbance to animals in a zoo an offence.

Step 2: Punishment.

The punishment includes imprisonment up to 6 months or fine up to ₹500, or both. Later amendments increased the fine to ₹5000 and imprisonment up to 1 year.

Step 3: Conclusion.

Thus, the correct answer is (c) Both (a) and (b).
Quick Tip: Wildlife laws ensure strict penalties for teasing or harming zoo animals.

Step 1: Background.

Originally, forests and protection of wild animals and birds were in the State List of the Seventh Schedule.

Step 2: Constitutional change.

The 42nd Constitutional Amendment, 1976 shifted these subjects to the Concurrent List.

Step 3: Importance.

This allowed both the Centre and States to legislate on the matter, ensuring uniformity in conservation laws.

Step 4: Conclusion.

Hence, option (c) is correct.
Quick Tip: The 42nd Amendment strengthened environmental protection by moving forests to the Concurrent List.

Step 1: Historical background.

The book “Droit des Gens” (The Law of Nations) was published in 1758. It is one of the most influential works on international law.

Step 2: Author.

It was written by Emerich de Vattel, a Swiss jurist. His work shaped modern concepts of state sovereignty and diplomacy.

Step 3: Conclusion.

Thus, the correct answer is (b).
Quick Tip: Emerich de Vattel’s “Law of Nations” is considered a cornerstone of modern international law.

Step 1: Meaning of Section 34 IPC.

Section 34 deals with acts done by several persons in furtherance of common intention.

Step 2: Requirement.

To establish liability under Section 34, it is necessary to prove that there was a common intention among the accused, but it is not necessary to prove the specific overt act of each individual.

Step 3: Conclusion.

Thus, option (a) is correct.
Quick Tip: Section 34 IPC requires proof of common intention, not proof of overt act by each accused.

Step 1: Relevant law.

Section 10 of the Industrial Disputes Act, 1947 empowers the appropriate government to refer disputes for settlement.

Step 2: Options available.

- The government may refer the dispute to a Board of Conciliation.

- The government may also refer the matter to a Labour Court or Tribunal for inquiry.

Step 3: Conclusion.

Thus, option (c) is correct.
Quick Tip: Industrial disputes can be referred by government to either conciliation boards or adjudicating bodies.

Step 1: Understanding “loss of confidence.”

In service law, particularly in cases involving employees in positions of trust, loss of confidence is a valid ground for termination.

Step 2: Case law.

Courts have held that even if dismissal is wrongful, reinstatement may be denied if loss of confidence is proved. Similarly, discharge simpliciter can also be justified on this ground.

Step 3: Conclusion.

Thus, both statements (a) and (b) are correct, making option (c) the right answer.
Quick Tip: Loss of confidence is a recognized ground in employment law for discharge or denial of reinstatement.

Step 1: Relevant law.

Section 24A of the Consumer Protection Act, 1986 prescribes limitation for filing complaints.

Step 2: Time period.

A complaint must be filed within 2 years from the date on which the cause of action arises. Delay may be condoned if sufficient cause is shown.

Step 3: Conclusion.

Thus, the correct answer is option (b).
Quick Tip: Consumer complaints must be filed within 2 years, though delay may be condoned with valid justification.

Step 1: Reference in MV Act.

The Motor Vehicles Act refers to the Indian Penal Code for the definition of grievous hurt.

Step 2: IPC definition.

Section 320 IPC defines grievous hurt, which includes emasculation, permanent loss of sight, hearing, fracture, or disfigurement, etc.

Step 3: Conclusion.

Thus, the correct answer is (a).
Quick Tip: Grievous hurt under the Motor Vehicles Act takes its definition directly from Section 320 IPC.

Step 1: Meaning of retracted confession.

A retracted confession is one where the accused admits guilt but later withdraws or denies it.

Step 2: Rule of law.

The general rule is that a retracted confession requires corroboration to be relied upon. Courts are cautious in convicting solely on such evidence.

Step 3: Conclusion.

Thus, a retracted confession cannot be the sole basis of conviction unless corroborated, making option (c) correct.
Quick Tip: Retracted confessions need corroboration to avoid wrongful conviction.

Step 1: Section 25 rule.

Section 25 of the Evidence Act states that a confession made to a police officer shall not be proved as against a person accused of any offence.

Step 2: Scope.

This bar applies regardless of whether the confession relates to the same crime or another crime. Hence, options (a), (b), and (c) do not capture the correct principle.

Step 3: Conclusion.

Therefore, the correct answer is (d).
Quick Tip: Confessions to police officers are inadmissible under Section 25, irrespective of the crime.

Step 1: Effect of delay.

If there is undue delay in recording the statement of a witness, courts consider such testimony with caution.

Step 2: Legal position.

It does not become inadmissible but may be treated as unreliable unless corroborated by other evidence.

Step 3: Conclusion.

Thus, the evidence is unreliable, making option (a) correct.
Quick Tip: Delay in recording statements affects reliability, not admissibility.

Step 1: Section 200 CrPC.

Section 200 generally requires examination of the complainant and witnesses.

Step 2: Exceptions.

- If the complaint is by a public servant in discharge of official duty, pre-summoning evidence may be dispensed with.

- If the complaint is supported by an affidavit, the same rule applies.

Step 3: Conclusion.

Thus, both (a) and (b) are correct.
Quick Tip: Section 200 CrPC allows exemption from pre-summoning evidence in specific cases like public servant complaints.

Step 1: General rule under the Contract Act.

As per Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void. Consideration is the essential element that makes a promise enforceable.

Step 2: Exception under Section 25(1).

However, Section 25(1) provides an exception: An agreement made without consideration is valid if:
- It is in writing,
- It is registered under the law, and

- It is made on account of natural love and affection between parties standing in near relation to each other.

Step 3: Application.

Therefore, when these conditions are met, the agreement is enforceable even though no consideration is present.

Step 4: Conclusion.

Thus, such a contract is valid, making option (c) the correct answer.
Quick Tip: Though consideration is generally necessary, a registered written contract based on natural love and affection between close relatives is valid even without consideration.

Step 1: Section 6 of TPA.

The Transfer of Property Act, 1882 under Section 6 prohibits the transfer of certain properties.

Step 2: Prohibition.

It specifically provides that the salary of a public officer, whether before or after it has become payable, cannot be transferred.

Step 3: Conclusion.

Thus, option (b) is correct.
Quick Tip: Under Section 6 TPA, certain properties like public office, salary of a public officer, and chance of succession cannot be transferred.

Step 1: Meaning of actionable claim.

Actionable claim refers to a claim to any debt, other than a debt secured by mortgage, hypothecation or pledge of movable property.

Step 2: Application.

When a debt is transferred to secure repayment, any recovery is first applied towards costs of recovery, then to the debt. This is a principle of transfer of actionable claims.

Step 3: Conclusion.

Thus, the correct option is (c) actionable claim.
Quick Tip: Actionable claims include unsecured debts and claims to beneficial interest in movable property not in possession.

Step 1: Section 6 rule.

Section 6 of the Specific Relief Act provides that no person shall be dispossessed of immovable property except in accordance with law.

Step 2: Who can sue.

A tenant holding over (a tenant continuing possession after expiry of lease) can bring a suit to protect possession even against the landlord, until evicted by due process of law.

Step 3: Exclusion.

Trespassers, servants, or managers cannot sue under this section.

Step 4: Conclusion.

Hence, option (b) is correct.
Quick Tip: Section 6 protects possession rights—even unlawful possession cannot be disturbed except by due process.

Step 1: Injunction basics.

An injunction is an equitable remedy granted to prevent breach of obligation. It is generally tied to enforceability of specific performance.

Step 2: Limitation.

If a contract cannot be specifically enforced under the Specific Relief Act, then an injunction also cannot be granted in respect of it.

Step 3: Conclusion.

Therefore, option (a) is correct.
Quick Tip: Injunction is an equitable remedy; it cannot be granted where specific performance is not legally enforceable.