Practice the AIBE 5 (2013) Part 1 Solved Question Paper with all 100 original multiple-choice questions and official answer key-based solutions. An excellent resource for AIBE preparation and revision.
Q1. .......... 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:
(A) Expert determination
(B) Arbitration
(C) Conciliation
(D) Negotiation
Answer: (D)
Q2. "The fundamental aim of Legal Ethics is to maintain in 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?
(A) Chief Justice Marshall
(B) Chief Justice Coke
(C) Chief Justice Halsbury
(D) Chief Justice Bacon
Answer: (A)
Q3. 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 in lieu of 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:
(A) R.D. Saxena v. Balram Prasad Sharma
(B) V.C. Rangadurai v. D. Gopalan
(C) Emperor v. Dadu Ram
(D) G. Naranswamy v. Challapalli
Answer: (A)
Q4. Duty of an advocate towards his client is detailed out in which rules of Bar Council of India:
(A) 33 to 38
(B) 11 to 33
(C) 23 to 27
(D) 33 to 36
Answer: (B)
Q5. Which section under the Advocates Act, 1961 deals with disqualification as to enrolment?
(A) Section 25A
(B) Section 26-A
(C) Section 27A
(D) Section 24A
Answer: (D)
Q6. 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?
(A) Section 11
(B) Section 10
(C) Section 10
(D) Section 12
Answer: (B)
Q7. 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:
(A) Cross-claim
(B) Set-off
(C) Cross-demands
(D) Cross-decrees
Answer: (B)
Q8. An attachment before judgment order takes away:
(A) Right to ownership
(B) Right to file suit
(C) Power to alienate the property
(D) Capacity of execution of a decree
Answer: (C)
Q9. The three pillars on which foundation of every order of injunction rests:
(A) Prima facie case, injury with damage and balance of inconvenience
(B) Prima facie case, reparable injury and balance of convenience
(C) Prima facie case, irreparable injury and balance of convenience
(D) Prima facie case, damage without injury and balance of convenience
Answer: (C)
Q10. .......... 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.
(A) Review
(B) Reference
(C) Appeal
(D) Revision
Answer: (B)
Q11. Who decides as to which of the several modes he/she will execute the decree:
(A) Plaintiff
(B) Court
(C) Judgment debtor
(D) Decree holder
Answer: (D)
Q12. 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:
(A) Question petition
(B) Question pamphlet
(C) Interrogatories
(D) Discovery
Answer: (C)
Q13. .......... 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) Joint suit
(B) Representative suit
(C) Collusive suit
(D) Collective suit
Answer: (B)
Q14. A person appointed by the Court to protect, preserve and manage the property during the pendency of the litigation:
(A) Amicus curiae
(B) Preserver
(C) Protector
(D) Receiver
Answer: (D)
Q15. The provision under CPC that relates to suit by indigent persons:
(A) Order 32
(B) Order 34
(C) Order 35
(D) Order 33
Answer: (D)
Q16. Section 5 of the Limitation Act, 1963 enables the Court to condone delay in filing .......... on sufficient satisfaction of sufficient cause.
(A) Appeal or application
(B) Appeal, suit and application
(C) Appeal, petition and counter petition
(D) Appeal, petition, suit and counter petition
Answer: (A)
Q17. Limitation period prescribed in filing a suit by a mortgagor to recover possession of immovable property mortgaged:
(A) 20 years
(B) 12 years
(C) 10 years
(D) 30 years
Answer: (D)
Q18. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?
(A) Sections 49 & 50
(B) Sections 23 & 24
(C) Sections 45 & 46
(D) Sections 81 & 82
Answer: (C)
Q19. The contents of documents may be proved either by:
(A) Primary evidence or by secondary evidence
(B) Direct evidence or circumstantial evidence
(C) Primary evidence or documentary evidence
(D) Primary evidence to direct evidence
Answer: (A)
Q20. Oral accounts of the contents of a document given by some person who has himself seen it is:
(A) Direct evidence
(B) Circumstantial evidence
(C) Best evidence
(D) Secondary evidence
Answer: (D)
Q21. "The DNA test cannot rebut the conclusive presumption envisaged under Section 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:
(A) Shaik Faridudin v. Shaik Mohanmed Hasan, AIR 2006 AP 48
(B) Siddaramesh v. State of Karnataka, (2010) 3 SCC 152
(C) Kailash v. State of Madhya Pradesh, AIR 2007 SC 107
(D) Somawanti v. State of Punjab, AIR 1963 SC 151
Answer: (A)
Q22. The statements of dead persons are relevant under which provision:
(A) Section 48
(B) Section 49
(C) Section 32(4)
(D) Section 13(a)
Answer: (C)
Q23. "Witnesses are the eyes and ears of Justice". Whose statement is this:
(A) Lord Atkin
(B) Bentham
(C) Lord Denning
(D) Phipson
Answer: (B)
Q24. An accomplice is unworthy of credit unless he is corroborated in material particulars is a:
(A) Presumption of fact
(B) Presumption of law
(C) Conclusive proof
(D) None of the above
Answer: (A)
Q25. Patent ambiguity in interpreting documents renders it:
(A) Curable
(B) In-curable
(C) Curable and incurable
(D) None of the above
Answer: (B)
Q26. 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:
(A) Section 120A
(B) Section 120B
(C) Section 153A
(D) Section 226
Answer: (C)
Q27. The gist of this offence is meeting of minds:
(A) Section 120A
(B) Section 133
(C) Section 221
(D) Section 340
Answer: (A)
Q28. 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:
(A) Wrongful restraint
(B) Wrongful confinement
(C) Refusal to leave the place
(D) None of the above
Answer: (B)
Q29. Adulteration of food or drink intended for sale is punishable under:
(A) Section 227
(B) Section 272
(C) Section 277
(D) Section 273
Answer: (B)
Q30. Voluntarily causing grievous hurt to deter public servant from his duty is:
(A) Cognisable & non-bailable offence
(B) Non-cognisable & bailable offence
(C) Cognisable & bailable offence
(D) None of the above
Answer: (A)
Q31. 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 ₹10,000/-". This offence is:
(A) Robbery
(B) Extortion
(C) Dacoity
(D) None of the above
Answer: (B)
Q32. Which provision under Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate to record confessions and statements?
(A) Section 164
(B) Section 162
(C) Section 163
(D) Section 164A
Answer: (A)
Q33. Any police officer may without an order from a Magistrate and without a warrant, arrest any person on whom a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section:
(A) Section 41(a)
(B) Section 41(c)
(C) Section 41(e)
(D) Section 41(d)
Answer: (C)
Q34. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of:
(A) 7 years
(B) 2 years
(C) 10 years
(D) 5 years
Answer: (A)
Q35. Which provision under the Code provides the indication as to the rule against double jeopardy?
(A) Section 300
(B) Section 305
(C) Section 309
(D) Section 311
Answer: (A)
Q36. "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:
(A) Sangaraboria Sreenu v. State of Andhra Pradesh
(B) State of Himachal Pradesh v. Tara Dutta
(C) Shamsher Singh v. State of Punjab
(D) Nalini v. State of Tamil Nadu
Answer: (B)
Q37. "Provisions of Section 195 of the Code are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders." In which case the Court upheld so:
(A) C. Muniappan v. State of Tamil Nadu
(B) Kishun Singh v. State of Bihar
(C) State of Karnataka v. Pastor P. Raju
(D) None of the above
Answer: (A)
Q38. Order granting anticipatory bail becomes operative:
(A) On arrest
(B) On passing of the order by the Court
(C) Prior to arrest
(D) None of the above
Answer: (A)
Q39. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per:
(A) Section 12
(B) Section 11(2)
(C) Section 12(2)
(D) Section 13
Answer: (B)
Q40. Under Section 41 of the Specific Relief Act, an injunction cannot be granted:
(A) To restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which the injunction is sought
(B) To restrain any person from applying to any legislative body
(C) To restrain any person from instituting or prosecuting any proceeding in a criminal matter
(D) All of the above
Answer: (D)
Q41. 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?
(A) Section 4
(B) Section 5
(C) Section 7
(D) Section 10
Answer: (A)
Q42. 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 ..........:
(A) In Re Berubari Union; Kesavananda Bharati v. State of Kerala
(B) A.K. Gopalan v. State of Madras; Maneka Gandhi v. Union of India
(C) Ajay Hasia v. Khalid Mujib; Som Prakash v. Union of India
(D) I.C. Golaknath v. State of Punjab; Shankari Prasad v. Union of India
Answer: (A)
Q43. By the Constitution (97th Amendment) Act, 2011 the following word has been inserted under Article 19(1)(c):
(A) Democratic Societies
(B) Registered Societies
(C) Cooperative Societies
(D) Cooperative Managements
Answer: (C)
Q44. Doctrine of Legitimate Expectation was discussed in the following case:
(A) Ramakrishna Dalmia v. Justice Tendolkar
(B) M.C. Mehta v. Union of India
(C) State of U.P. v. Deoman
(D) Food Corporation of India v. M/s. Kamdhenu Cattle Feed Industries
Answer: (D)
Q45. The Supreme Court in Selvi & Ors. v. State of Karnataka held that compulsory brain-mapping and polygraph tests and narco-analysis were in violation of the following Articles of the Constitution:
(A) Articles 23 and 24
(B) Articles 15 and 16
(C) Articles 29 and 30
(D) Articles 20 and 21
Answer: (D)
Q46. "Passive Euthanasia is permitted in certain cases"—held in:
(A) Aruna Ramachandra Shanbaug v. Union of India
(B) Gian Kaur v. State of Punjab
(C) P. Rathinam v. Union of India
(D) State of Maharashtra v. Chandrabhan
Answer: (A)
Q47. 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:
(A) Indemnity
(B) Guarantee
(C) Bailment
(D) Pledge
Answer: (C)
Q48. The essence of a contract of agency is:
- Representative capacity coupled with a power to affect the legal relations of the principal with third persons.
- Power and title to the property that is being dealt with
- Authority and status of dealing with the trade
- None of the above
Answer: (A)
Q49. "A Contract is an agreement between two or more persons which is intended to be enforceable at law and is created 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) Halsbury
(B) Salmond
(C) Phipson
(D) Pollock
Answer: (A)
Q50. 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 ₹500/-. The servant came to know 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) Lalman Shukla v. Gauri Dutt
(B) Donoghue v. Stevenson
(C) Tweedle v. Atkinson
(D) Dutton v. Poole
Answer: (A)
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