Practice the AIBE 6 (2014) 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. The Criminal Procedure Code ensures that:
(A) Principle of separation of powers of each limb of the State is not breached.
(B) Principle of combined powers of each limb of the State is not breached.
(C) (A) and (B)
(D) Principle of separation of powers of each limb of the State is breached.
Answer: (A)
Q2. Section 6 of the Cr.P.C. defines:
(A) Classes of Criminal Courts
(B) Classes of District Courts
(C) Classes of Municipal Courts
(D) Classes of Civil Courts
Answer: (A)
Q3. When an offence is bailable:
(A) A person has no right to be released on bail upon arrest.
(B) A person has a right to be released on bail upon arrest.
(C) A right to be released on bail is dependant on the exercise of judicial discretion.
(D) A person shall be released within 24 hours.
Answer: (B)
Q4. As per Section 273 of Cr.P.C., how is evidence to be taken?
(A) In the presence of accused
(B) When personal attendance of the accused is dispensed with, in the presence of his pleader.
(C) In presence of police
(D) Both (A) and (B)
Answer: (D)
Q5. If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence:
(A) To be postponed.
(B) If thinks fit commute the sentence to imprisonment for life.
(C) Sent for medical assistance.
(D) Non-judicial mandate of powers.
Answer: (B)
Q6. Under which section of the Cr.P.C. the procedure when investigation cannot be completed within twenty-four hours has been described?
(A) Section 165
(B) Section 167
(C) Section 166
(D) Section 164
Answer: (B)
Q7. What is provided by the Code of Criminal Procedure, 1973?
(A) The Code provides the procedure for the implementation of the criminal justice system.
(B) It provides the mechanism for the investigation into trial of offences.
(C) The Code provides the procedure for the implementation of the civil justice system.
(D) (A) and (B)
Answer: (D)
Q8. As per Section 2(c) a cognizable offence is:
(A) Where a police officer may arrest without warrant.
(B) Where a police officer may not arrest without warrant.
(C) Where a police officer may arrest with permission of a Court.
(D) Any person in the public can arrest.
Answer: (A)
Q9. Section 100 of the Cr.P.C. refers to:
(A) Seizure
(B) Search
(C) Summons
(D) Search-warrants
Answer: (B)
Q10. Is there any maximum period for which an under-trial can be detained under Section 436-A of the Cr.P.C.:
(A) Yes, half of the maximum period of imprisonment specified for that offence.
(B) No period is prescribed.
(C) Court can decide.
(D) Maximum 90 days.
Answer: (A)
Q11. Presumption of law is:
(A) Discretionary and rebuttable
(B) Mandatory and rebuttable
(C) Mandatory and irrebuttable
(D) All of the above
Answer: (C)
Q12. In Selvi's case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of:
(A) Article 20(3) and Article 21
(B) Article 21 and Article 23(2)
(C) Article 23 and Article 21
(D) Article 20(2) and Article 20(1)
Answer: (A)
Q13. According to the Law Commission of India 69th Report, Section 27 of the Indian Evidence Act is based on the:
(A) Doctrine of introspection
(B) Doctrine of testimonial incrimination
(C) Doctrine of confirmation
(D) None of the above
Answer: (C)
Q14. Section 99 of the Indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle:
(A) Pacta tertii nec nocent nec prosunt
(B) Pacta sunt servanda
(C) Actio personalis moriturcum persona
(D) None of the above
Answer: (A)
Q15. Burden of proving that person is alive who has not been heard of for seven years is on whom:
(A) One who denies it
(B) One who affirms it
(C) Any third person/stranger
(D) None of the above
Answer: (B)
Q16. The Court's discretion to permit leading questions is confined only to the matters which are:
(A) Introductory facts
(B) Undisputed facts
(C) Facts already sufficiently proved to the satisfaction of the Court
(D) All the above
Answer: (D)
Q17. The question is whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts under:
(A) Section 7
(B) Section 6
(C) Section 8
(D) Section 11
Answer: (A)
Q18. Section 93 of the Indian Evidence Act treats the patent ambiguity as:
(A) Curable
(B) Incurable
(C) Proper
(D) None of the above
Answer: (B)
Q19. A promise or set of promises forming consideration to each other is known as:
(A) Proposal
(B) Consideration
(C) Agreement
(D) Contact
Answer: (C)
Q20. A past consideration under Indian Law:
(A) Invalid
(B) Valid
(C) Void
(D) Voidable
Answer: (B)
Q21. Caveat emptor means:
(A) Purchaser beware
(B) Seller beware
(C) Things outside commerce
(D) A warning letter
Answer: (A)
Q22. Consensus ad idem means:
(A) Good faith
(B) Opinion of third parties
(C) Opinion of the offeree
(D) Meeting of the minds
Answer: (D)
Q23. Agreement in restraint of marriage is:
(A) Contingent contract
(B) Wager
(C) Void
(D) Valid
Answer: (C)
Q24. A tells B, the shopkeeper, "Give Z the Goods, I will see you paid". This contract is:
(A) Bailment
(B) Agency
(C) Guarantee
(D) Indemnity
Answer: (D)
Q25. A contract to perform the promise or discharge the liability of a third person in case of his default is a contract of:
(A) Guarantee
(B) Default
(C) Indemnity
(D) Partnership
Answer: (A)
Q26. "He who does an act through another, does it himself"—is a contract of:
(A) Sale
(B) Purchase
(C) Agency
(D) Partnership
Answer: (C)
Q27. When at the desire of the promisor, the promisee or any other person has done or abstained from doing something or does or abstains from doing something or promises to do or abstain from doing something, such act or abstinence or promise is called:
(A) Proposal
(B) Consideration
(C) Acceptance
(D) Agreement
Answer: (B)
Q28. X owes Y ₹20,000/- but this debt is barred by Limitation Act. X executes a written promise to pay B ₹15,000/- on account of debt. This is:
(A) Invalid
(B) Void
(C) Valid
(D) Voidable
Answer: (C)
Q29. When a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called:
(A) Fictitious Bill
(B) Inchoate instrument
(C) Escrow
(D) Clean Bill
Answer: (C)
Q30. Which one of the following is a promissory note when A signs the instrument?
(A) I promise to pay B or order ₹10,000/- on demand.
(B) Mr. B! I owe You ₹10,000/-
(C) I promise to pay B ₹10,000/- and such other sums which shall be due to him.
(D) I promise to pay B on his request ₹10,000/- on the death of X.
Answer: (A)
Q31. Transfer of Property Act applies to transfers:
(A) By partition in a joint family
(B) Inter vivos
(C) Both between animate and inanimate objects
(D) Between living and nonliving persons
Answer: (B)
Q32. A transfer's 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. The interest so created for the benefit of the eldest son:
(A) Does not take effect
(B) Takes effect
(C) Partially takes effect
(D) None of the above
Answer: (A)
Q33. A transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability is called:
(A) Sale
(B) Gift
(C) Mortgage
(D) Lease
Answer: (C)
Q34. A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by:
(A) Oral agreement
(B) Written agreement
(C) Partition
(D) Registered instrument
Answer: (D)
Q35. Specific performance of contract can be ordered, at discretion of Court:
(A) When the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief.
(B) When the act agreed to be done is such that compensation in money for non-performance will give sufficient relief.
(C) Contract, performance of which involves a continuous duty, which Court cannot supervise.
(D) Specific performance of contract of personal nature cannot be ordered.
Answer: (A)
Q36. Under Section 9 of Specific Relief Act, the person against whom the relief is claimed may plead by way of defense any ground which is available to him:
(A) Under law of torts
(B) Under any law relating to contracts
(C) Under IPC
(D) Under CrPC
Answer: (B)
Q37. The following contract cannot be specifically enforced:
(A) A contract the performance of which involves the performance of a continuous duty which the Court cannot supervise.
(B) A contract the performance of which involves the performance of a continuous duty which the Court can supervise.
(C) A tort the discharge of which involves the performance of a continuous obligation.
(D) A contract for the non-performance of which compensation is not adequate relief.
Answer: (A)
Q38. A sells a TV to a minor, who pays for it by means of a cheque. A endorses that cheque to X. X takes it in good faith and for value. The cheque was dishonoured on presentation. X can enforce payment of the cheque:
(A) Against Minor
(B) Against Minor and A
(C) Against A only
(D) Cannot enforce against anybody
Answer: (C)
Q39. Who has the authority to prescribe qualifications and disqualifications for membership of a Bar Council?
(A) State Bar Councils
(B) Bar Council of India
(C) Supreme Court of India
(D) Supreme Court Bar Association
Answer: (B)
Q40. Indian Council of Legal Aid and Advise v. BCI case deals with the issue of:
(A) Prescribing pre-enrolment training for advocates
(B) Prescribing minimum qualification for an advocate
(C) Prescribing uniform attire for the advocates appearing in the Court of law
(D) Prescribing age bar on enrolment of advocates
Answer: (D)
Q41. For transfer of roll from one State to another, an application is made to the:
(A) Bar Council of India
(B) State Bar Council where one is enrolled
(C) State Bar Council where one seeks transfer
(D) High Court of the State where one is enrolled
Answer: (A)
Q42. Which of the following committees cannot be constituted by State Bar Council:
(A) Special Committee
(B) Disciplinary Committee
(C) Legal Aid Committee
(D) Legal Education Committee
Answer: (D)
Q43. In which year by an amendment of the Code of Civil Procedure Section 89 has been included in the Code, which gives importance to mediation, conciliation and arbitration:
(A) 2002
(B) 2004
(C) 2013
(D) 2012
Answer: (A)
Q44. Under the Arbitration and Conciliation Act an arbitration agreement may be in the form of:
(A) An arbitration clause in a contract only
(B) In the form of a separate agreement only
(C) An arbitration clause in a contract or in the form of a separate agreement
(D) Commercial custom
Answer: (C)
Q45. A decision by the arbitral tribunal that the contract is null and void shall:
(A) Entail ipso jure the invalidity of the arbitration clause.
(B) Not entail ipso jure the validity of the arbitration clause.
(C) Entail de facto invalidity of the arbitration clause.
(D) None of the above.
Answer: (B)
Q46. The arbitral tribunal shall not be bound by the:
(A) Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872
(B) The Indian Evidence Act, 1872
(C) Code of Civil Procedure, 1908
(D) None of the above
Answer: (A)
Q47. Claim made by the defendant in a suit against the plaintiff:
(A) Cross claim
(B) Cross suit
(C) Counter claim
(D) Cross decree
Answer: (C)
Q48. Interpleader suit is dealt with in which of the following sections of CPC?
(A) Section 87
(B) Section 88
(C) Section 89
(D) Section 90
Answer: (B)
Q49. As required by Section 80 CPC, the suit can be instituted after the expiry of .......... of notice.
(A) 1 month
(B) 2 months
(C) 60 days
(D) 30 days
Answer: (B)
Q50. Under Section 2(2) of CPC, rejection of a plaint is:
(A) Decree
(B) Deemed decree
(C) Cross decree
(D) Cross appeal
Answer: (B)
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