Practice the AIBE 5 (2013) Part 2 Solved Question Paper with all 100 original multiple-choice questions and official answer key-based solutions. An excellent resource for AIBE preparation and revision.
Q51. 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?
(A) Sections 59 to 61
(B) Sections 22 or 31
(C) Sections 10 to 12
(D) Sections 55 to 60
Answer: (A)
Q52. What property cannot be transferred under Section 6 of Transfer of Property Act, 1882:
(A) An easement apart from the dominant heritage
(B) An interest in property restricted in its enjoyment to the owner personally
(C) A right to future maintenance, in whatsoever manner arising, secured or determined
(D) All of the above
Answer: (D)
Q53. 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 second son. Can the interest so created for the benefit of the eldest son take effect?
(A) Yes
(B) No
(C) It is a valid transfer
(D) None of the above
Answer: (B)
Q54. The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under Section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so:
(A) Firm Ashok Traders & another v. Gurumukh Das Saluja & others
(B) M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd.
(C) National Thermal Power Corporation v. Flowmore (P.) Ltd.
(D) Magma Leasing Ltd. v. NEPC Micon Ltd.
Answer: (A)
Q55. Which provision of Hindu Marriage Act, 1955 deals with conciliation:
(A) Section 23
(B) Section 23(2)
(C) Section 23(3)
(D) Section 22
Answer: (B)
Q56. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the Court:
(A) Section 98
(B) Section 99
(C) Section 89
(D) Section 88
Answer: (C)
Q57. Equal pay for Equal work can be enforced through:
(A) Article 39
(B) Articles 14 and 16
(C) Article 311
(D) Article 309
Answer: (B)
Q58. 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:
(A) Article 352
(B) Article 256
(C) Article 254
(D) Article 301
Answer: (B)
Q59. Justice Ranganathan Committee relates to:
(A) Union State relations
(B) Creamy layer
(C) Finance Commission
(D) Elections
Answer: (B)
Q60. Original Jurisdiction of the Supreme Court is dealt under:
(A) Article 226
(B) Article 130
(C) Article 131
(D) Article 124
Answer: (C)
Q61. Laws declared by the Supreme Court shall be binding on all Courts mentioned under:
(A) Article 142
(B) Article 143
(C) Article 136
(D) Article 141
Answer: (D)
Q62. According to the theory of 'social utilitarianism' as propounded by Ihering:
(A) Greatest number of people should get greatest pleasure
(B) The essential body of legal rules is always based upon the social facts
(C) A balance is to be struck between the competing interests in society
(D) Law is a means to social ends
Answer: (D)
Q63. Obstructing Public Servant in discharge of his public functions is a:
(A) Non-bailable offence
(B) Bailable offence
(C) Civil wrong
(D) None of the above
Answer: (B)
Q64. Compensation to Victims of Crime under Criminal Law relates to:
(A) Section 336
(B) Section 331
(C) Section 335
(D) Section 357
Answer: (D)
Q65. What person may be charged jointly and tried together under Section 223 of CrPC:
(A) Persons accused of the same offence committed in the course of the same transaction
(B) Persons accused of an offence and persons accused of abetment of or attempt to commit such offence
(C) Persons accused of different offences committed in the course of the same transaction
(D) All the above
Answer: (D)
Q66. "Contravention of contract' Labour Act would not create employment relationship between contract labour and principal establishment." It was so held in which case:
(A) SAIL v. National Union Water Front Workers
(B) Air India Statutory Corporation v. United Labour Union & Ors.
(C) Bangalore Water Supply and Sewerage Board v. A. Rajappa
(D) State of U.P. v. Jai Bir Singh
Answer: (A)
Q67. The principal regulator envisaged under the Trade Unions Act, 1926:
(A) Regulator of Trade Unions
(B) Inspector of Trade Unions
(C) Registrar of Trade Unions
(D) Industrial relations committee
Answer: (C)
Q68. A teacher is not a workman falling under the category of workman under Industrial Disputes Act, 1947. This was upheld in which case:
(A) Miss A. Sundarambal v. Government of Goa, Daman and Diu & others
(B) Ahmedabad Pvt. Primary Teacher's Association v. Administrative Officer and others
(C) University of Delhi v. Ramnath
(D) Secretary, Madras Gymkhana Club Employees Union v. Management of The Gymkhana
Answer: (A)
Q69. 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:
(A) Permanent partial disablement
(B) Permanent total disablement
(C) Temporary disablement
(D) Temporary total disablement
Answer: (A)
Q70. The contribution payable under the ESI Act in respect of an employee shall comprise of:
(A) Contribution payable by the employer only
(B) Contribution payable by the employee only
(C) Contribution payable by Government only
(D) Contribution payable by employer and employee
Answer: (D)
Q71. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid-off to claim for compensation:
(A) Section 25-O
(B) Section 26
(C) Section 25-C
(D) Section 25-M
Answer: (C)
Q72. Natural law is the idea that:
(A) There are rational objective limits to the power of legislative rulers
(B) There are no limits to the power of legislative rulers
(C) There are limits to the power of the executive laid by the legislature
(D) Law is the command of the sovereign
Answer: (A)
Q73. H.L.A. Hart's name is associated with the book:
(A) Province and Function of Law
(B) The Concept of Law
(C) Social Dimensions of Law
(D) Theories of Social Change
Answer: (B)
Q74. Section 9 of the Hindu Marriage Act, 1955 deals with:
(A) Restitution of Conjugal Rights
(B) Void Marriages
(C) Judicial Separation
(D) Grounds of Divorce
Answer: (A)
Q75. Daughter is equated with the son with reference to joint family property under:
(A) Hindu Succession Amendment Act, 2002
(B) Hindu Succession Amendment Act, 1976
(C) Hindu Succession Amendment Act, 1978
(D) Hindu Succession Amendment Act, 2005
Answer: (D)
Q76. Mubarat under Muslim law refers to:
(A) Divorce at the instance of Wife
(B) Cruelty
(C) Dissolution of marriage with mutual consent
(D) Ila
Answer: (C)
Q77. The discriminatory aspects of Section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new Section by the:
(A) Indian Divorce Amendment Act of 2001
(B) Divorce Amendment Act of 2002
(C) Indian Divorce Amendment Act of 2006
(D) Indian Divorce Amendment Act of 2012
Answer: (A)
Q78. 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:
(A) Is liable be dismissed.
(B) Will succeed.
(C) Will be kept pending till the conditions improve.
(D) Will not be admitted.
Answer: (A)
Q79. Amalgamation of Companies in National Interest is dealt under:
(A) Section 388 of the Companies Act
(B) Section 378 of the Companies Act
(C) Section 396 of the Companies Act
(D) Section 390 of the Companies Act
Answer: (C)
Q80. 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) 21 days
(B) 30 days
(C) 40 days
(D) 14 days
Answer: (A)
Q81. A private limited company limits the number of members to:
(A) 30
(B) 50
(C) 40
(D) 150
Answer: (B)
Q82. Contributory negligence means:
(A) The failure by a person to use reasonable care for the safety of either of himself or his property
(B) Volunteer to pay for the negligence of others
(C) Contributing the money or money's worth for others' wrongs
(D) Inciting others to commit civil wrong
Answer: (A)
Q83. 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 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) Francis Coralie v. State
(B) Shriram Food and Fertilisers case
(C) PUCL v. Union of India
(D) State of Punjab v. Mahinder Singh Chawla
Answer: (B)
Q84. "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 other merely equitable obligation." Whose statement is this:
(A) Winfield
(B) Salmond
(C) Pollock
(D) Griffith
Answer: (B)
Q85. Under Section 20 of the Motor Vehicles Act, 1988 if a person is convicted of an offence punishable under Section 189 of the Motor Vehicles Act, the Court shall ordinarily order for:
(A) Imposing penalty only
(B) Punishment only
(C) Both punishment and penalty
(D) Disqualification under the Act
Answer: (D)
Q86. Consumer Protection Act was brought into operation in the year:
(A) 1987
(B) 1986
(C) 1985
(D) 1984
Answer: (B)
Q87. Under Consumer Protection Act, the jurisdiction of the District Forum should not exceed rupees:
(A) Fifty Thousand
(B) Twenty Five Thousand
(C) One Lakh
(D) Twenty Lakhs
Answer: (D)
Q88. The Second principle of Rule of Law (of A.V. Dicey) relates to:
(A) Equal protection of the laws
(B) Equality before law
(C) Dignity of the individual
(D) Administrative Courts
Answer: (B)
Q89. If a quasi-judicial authority violates the principles of natural justice, the appropriate writ should be:
(A) Mandamus
(B) Habeas Corpus
(C) Quo Warranto
(D) Certiorari
Answer: (D)
Q90. A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and Clause 3(d) of Article 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 Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the Constitution. Name the case:
(A) L. Chandra Kumar v. Union of India
(B) Kihoto Hollohan v. Zachillhu
(C) Nagaraj v. State of A.P.
(D) Rajendra Singh Rana v. Swami Prasad Maurya
Answer: (A)
Q91. Accepting any other satisfaction than the performance originally agreed is known as:
(A) Reciprocal agreement
(B) Reciprocal acceptance
(C) Reciprocal accord and satisfaction
(D) Accord and satisfaction
Answer: (D)
Q92. "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...". In which case was this principle laid down?
(A) Clegg v. Hands
(B) Kapur Chand v. Himmat Ali Khan
(C) Frost v. Knight
(D) Hadley v. Baxendale
Answer: (D)
Q93. When a misrepresentation has been made, what are the alternative courses open to an aggrieved:
(A) He can avoid or rescind the contract
(B) He can affirm the contract and insist on the misrepresentation being made
(C) He can rely on the misrepresentation, as a defence to an action on the contract
(D) All of the above
Answer: (D)
Q94. 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 .......... Court considered the relationship between the parties to reach of decision.
(A) Coercion
(B) Misrepresentation
(C) Undue influence
(D) Estoppel
Answer: (C)
Q95. "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?
(A) Lord Black
(B) Henderson
(C) Anson
(D) Salmond
Answer: (C)
Q96. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic:
(A) Balfour v. Balfour
(B) Donoghue v. Stevenson
(C) Derry v. Peek
(D) Birch v. Birch
Answer: (A)
Q97. According to the Indian law in a lawful contract consideration:
(A) Must move from promise only
(B) May move from promisee or any other person
(C) Is not necessary at all
(D) None of the above
Answer: (B)
Q98. Raghav owes Murli ₹10,000/-. This debt is time barred by the Limitation Act. Even then Murli promises in writing to pay Raghav ₹4,500 on account of debt and signs the document. This contract is:
(A) Enforceable
(B) Unenforceable
(C) Void
(D) None of the above
Answer: (A)
Q99. An agency can be terminated by:
(A) Agreement between parties
(B) By renunciation by the agent
(C) By completion of business of agency
(D) All the above
Answer: (D)
Q100. Which type of loss are not covered by a contract of indemnity:
(A) Loss arising from accidents like fire or perils of the sea
(B) Loss caused by the promisor himself or by a third person
(C) Loss arising by human agency
(D) None of the above
Answer: (A)
