Practice the AIBE 8 (2015) 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 presumption of continuance of life is contained in Section ............ of the Indian Evidence Act.
(A) 107
(B) 108
(C) 207
(D) 115
Answer: (A)
Q2. Testimony of a witness to the existence of non-existence of the fact or facts in issue is/are:
(A) Oral evidence
(B) Original evidence
(C) Direct evidence
(D) Both (A) and (B)
Answer: (C)
Q3. Amendments made in the year ............ through the insertion of Section ............ to the Civil Procedure Code introduced provisions to enable the courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.
(A) 1989, 98
(B) 1990, 88
(C) 1999, 89
(D) 2001, 88
Answer: (C)
Q4. The Companies Act of 1956 accords recognition only to accounting standards whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and ............ standards.
(A) Financing
(B) Auditing
(C) Business
(D) Responsibility
Answer: (B)
Q5. Companies Act, 2013 allows the formation of:
(A) Two persons company only
(B) Seven persons company only
(C) Two or more persons company only
(D) One person company also
Answer: (D)
Q6. Special Summons under Section 206 of the Criminal Procedure Code can be issued by:
(A) A Magistrate only
(B) A Magistrate as well as the Court of Sessions
(C) The Court of Sessions
(D) The High Court
Answer: (A)
Q7. Pigeon Hole theory was proposed by:
(A) Winfield
(B) Salmond
(C) Black Stone
(D) Lord Knight
Answer: (B)
Q8. According to Motor Vehicles Act, 1988 no person under the age of ............ years shall drive a motor vehicle in any public place.
(A) 20
(B) 16
(C) 18
(D) 21
Answer: (C)
Q9. According to the Consumer Protection Act, 1986 what is the limitation period applicable to the three forums in entertaining a complaint.
(A) 2 years from the date on which the cause of action has arisen
(B) 2 years from which the article was purchased
(C) 3 years
(D) None of the above
Answer: (A)
Q10. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the ........ within a period of ........ days from the date of the order.
(A) State Commission, 30
(B) State Tribunal, 30
(C) State Forum, 30
(D) State Commission, 60
Answer: (A)
Q11. The National Consumer Dispute Redressal Commission was constituted in the year:
(A) 1998
(B) 1988
(C) 1999
(D) 2000
Answer: (B)
Q12. A sees B running away from a room and afterwards sees C lying down in a pool of blood in the same room. A's evidence in so far as seeing B running away is direct but as far as the murder is concerned, it is a ............
(A) Primary evidence
(B) Circumstantial evidence
(C) Real evidence
(D) Substantial evidence
Answer: (B)
Q13. A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as:
(A) Extra judicial confession
(B) Judicial confession
(C) Retracted confession
(D) Voluntary confession
Answer: (C)
Q14. Expert opinion under Section 45 is:
(A) A conclusive proof
(B) Not a conclusive proof
(C) Supportive and corroborative in nature
(D) None of these
Answer: (C)
Q15. One of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters' contribution among other things.
(A) Section 36
(B) Section 37
(C) Section 26
(D) Section 38
Answer: (C)
Q16. Section 253 of the Companies Act, 2013 deals with:
(A) Determination of Sickness
(B) Liability of Directors
(C) Promoters
(D) Memorandum
Answer: (C)
Q17. If the imposing solitary confinement there is total deprivation of communication and taking away the prisoner's liberties, it would offend Article 21 of the Constitution. This was held in:
(A) Sunil Batra v. Delhi Administration, AIR 1978 SC 1675
(B) Kishore Singh v. State of Rajasthan, AIR 1981 SC 625
(C) D.K. Basu v. State of West Bengal, AIR 1997 SC 610
(D) Parmanand Katara v. Union of India, AIR 1989 SC 2039
Answer: (A)
Q18. In State of Karnataka v. Union of India, AIR 1978 SC 68, appointment of a commission by the Union Government under Section 3(1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc. against the Chief Minister and other Ministers of a State was challenged. It was held:
(A) Arbitrary under Article 14
(B) Violates federal principle
(C) Jurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution
(D) Federal Structure is not jeopardized
Answer: (D)
Q19. Equality is a dynamic concept with many aspects and dimensions. It was held in the case of:
(A) Jespar & Slong v. State of Meghalaya, AIR 2004 SC 3533
(B) Vajravelu Mudaliar v. Special Dy. Collector, AIR 1965 SC 1017
(C) E.P. Royappa v. State of T.N., AIR 1974 SC 555
(D) In Punjab Comm. Ltd. v. Union of India, 1999 (4) SCC 727
Answer: (C)
Q20. Which section under the Transfer of Property Act, 1882 discusses about the rights and liabilities of buyer and the seller of immovable property:
(A) 45
(B) 54
(C) 55
(D) 44
Answer: (C)
Q21. Identify the wrong statement from the following:
(A) An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor.
(B) In a contract of indemnity the liability of the indemnifier is secondary and arises when the contingency event occurs. In case of contract of guarantee the liability of surety is primary and arises when the principal debtor defaults.
(C) The indemnifier after performing his part of the contract only steps into the shoes of the creditor.
(D) In a contract of indemnity the liability of the indemnifier is primary and arises when the contingency event occurs. In case of contract of guarantee the liability of surety is secondary and arises when the principal debtor defaults.
Answer: (B)
Q22. Which is true of contracts of agency?
(A) The relation between the agent and the principal is of a trust
(B) It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations between that order and third persons that he is an agent
(C) The only essence of a contract of agency is the agent's representative capacity
(D) None of the above
Answer: (B)
Q23. Point out an example not related to a contract of bailment:
(A) Delivering a watch or radio for repair
(B) Leaving a car or scooter at a parking stand
(C) Leaving luggage in a cloak room
(D) A shareholder executes an agreement/bond favouring the company thereby agreeing to satisfy the company for any loss caused as a consequence of his own act.
Answer: (D)
Q24. A corporate resolution is not an offer unless efforts are made to communicate it. Which case held so?
(A) Blair v. Western Mutual Benefit Association
(B) R. v. Davend
(C) Harvela Investments Ltd. v. Royal Trust Co. of Canada
(D) None of the above
Answer: (A)
Q25. Selvi's daughter Kavita had married Shivakumar of a different caste against the wishes of her family... (Question regarding compulsory brain-mapping, narcoanalysis and polygraph tests.)
(A) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(3) and 21 of the Constitution.
(B) Compulsory brain-mapping and polygraph tests and narcoanalysis were valid under Articles 20(3) and 21 of the Constitution.
(C) Compulsory brain-mapping, polygraph tests and narcoanalysis were in violation of Articles 20(1) and 21 of the Constitution.
(D) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 14 and 21 of the Constitution.
Answer: (A)
Q26. According to Article 71 disputes arising in connection with the elections of President or Vice-President are to be enquired into and decided by:
(A) The Supreme Court
(B) High Court
(C) Both by High Court and Supreme Court
(D) Tribunal established for that purpose
Answer: (A)
Q27. The Water (Prevention and Control of Pollution) Act, 1974 regulates:
(A) The discharge of hazardous pollutants into the nation's surface water
(B) The emission of hazardous air pollutants
(C) Waste disposal at sea
(D) The transportation of hazardous materials
Answer: (A)
Q28. It was held by the Supreme Court that noise pollution beyond permissible limits cannot be tolerated, even if such noise was a direct result of and was connected with religious activities in the case of:
(A) Vellore Citizens Welfare Forums v. Union of India
(B) Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association
(C) Rural Enlightenment Kendra v. Union of India
(D) Narmada Bachao Andolan v. Union of India
Answer: (B)
Q29. The Supreme Court observed, where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results... Name the case:
(A) Subhash Kumar v. State of Bihar, 1991
(B) Rural Litigation and Entitlement Kendra v. State of U.P., 1985
(C) M.C. Mehta v. Union of India, 1986
(D) Union Carbide v. Union of India, 1984
Answer: (C)
Q30. Article 48-A and Article 51-A(g) were inserted in the Constitution by:
(A) The Constitution (42nd Amendment) Act, 1978
(B) The Constitution (42nd Amendment) Act, 1976
(C) The Constitution (43rd Amendment) Act, 1978
(D) The Constitution (44th Amendment) Act, 1978
Answer: (B)
Q31. According to the Environment (Protection) Act of 1986 "environment pollutant" means:
(A) Any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment
Answer: (A)
Q32. A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute ........ suit:
(A) Friendly suit
(B) Caveat
(C) Interpleader
(D) Restitution
Answer: (C)
Q33. An Executive Magistrate may require security for keeping good behaviour from habitual offenders for a period not more than:
(A) 6 months
(B) 3 months
(C) 1 year
(D) 3 years
Answer: (D)
Q34. The police officer executing the warrant may use adequate force to access the place where search is to be conducted when:
(A) A free ingress is not possible
(B) The occupant of the place is a hardened criminal and there is possibility to escape
(C) The area is in such a nature that problem may arise at any time
(D) None of these
Answer: (A)
Q35. As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of:
(A) The complaint case
(B) The case instituted on the police report
(C) Both as per the convenience during the trial
(D) None of these
Answer: (B)
Q36. Peek v. Gurney is a famous case relating to:
(A) Mistake
(B) Misrepresentation
(C) Fraud
(D) Frustration of contract
Answer: (C)
Q37. Law is conceived as a form of the power value-conceived by:
(A) Bentham and Austin
(B) Hart
(C) C. Lasswell and McDougal
(D) Karl Olivecrona
Answer: (C)
Q38. The development of the tradition of natural justice into one of natural law is usually attributed to the:
(A) Stoics
(B) Positivists
(C) Historical School
(D) Analytical School
Answer: (C)
Q39. The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court under:
(A) S.N. Mukherjee v. Union of India
(B) State of Orissa v. Dr. Binapani Devi
(C) State of Maharashtra v. Jalgaon Municipal Council
(D) Motilal Padampat Sugar Mills Co. Ltd. v. State of U.P.
Answer: (A)
Q40. Donoughmore Committee Report on Minister's Powers, 1932 relates to:
(A) England
(B) Australia
(C) USA
(D) None of the above
Answer: (A)
Q41. Section 47(3), Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.
(A) This is a judicial function, as the Authority's decision is based on official policy.
(B) This is a quasi-judicial function, as the Authority's decision is based on an official policy.
(C) This is an administrative function, as the Authority's decision is based on official policy.
(D) None of the above
Answer: (C)
Q42. In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language:
(A) Vinay Chandra Mishra, In Re
(B) Ex-Capt. Harish Uppal v. Union of India
(C) Hikmat Ali Khan v. Ishwar Prasad Arya and Ors.
(D) None of the above
Answer: (A)
Q43. "Misconduct" would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonourable. It may be interpreted as the scope of "misconduct" is not restricted by technical interpretation of rules of conduct. This was proven conclusively in the case of:
(A) Noratamman Courasia v. M.R. Murali
(B) Bar Council of Maharashtra v. M.V. Dabholkar
(C) In N.G. Dastane v. Shrikant S. Shinde
(D) B.M. Verma v. Uttarakhand Regulatory Commission
Answer: (B)
Q44. Retention of money deposited with advocate for the decree holder even after execution proceedings was held as an instance of misconduct in which case:
(A) In Re D.C. Saxena
(B) M. Veerendra Rao v. Tek Chand
(C) Shambhu Ram Yadav v. Hanuman Das Khatry
(D) Prahlad Saran Gupta v. Bar Council of India
Answer: (D)
Q45. In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of opposite party, it was held by the Supreme Court that seeking oppugnant for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting to misconduct?
(A) N.G. Dastane v. Shrikant S. Shinde
(B) Shambhu Ram Yadav v. Hanuman Das Khatry
(C) Noratamman Courasia v. M.R. Murali
(D) None of the above
Answer: (A)
Q46. The judgment in .......... skews the delicate balance, carefully crafted by the Model Law (and enshrined in Section 34), between finality of arbitral awards on one hand and permissible judicial review on the other.
(A) Renu Sagar Power Co. v. General Electric Corporation
(B) ONGC v. Saw Pipes Ltd.
(C) Sundaram Finance v. NEPC
(D) Olympus Superstructures Pvt. Ltd. v. Meena Vijay Khetan
Answer: (B)
Q47. The Supreme Court in .......... held that irrespective of where the 'central management and control is exercised' by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration:
(A) TDM Infrastructure (P.) Ltd. v. UE Development India (P.) Ltd.
(B) Comed Chemicals Ltd. v. C.N. Ramchand
(C) Shreejee Traco (I) Pvt. Ltd. v. Paperline International Inc.
(D) Dhaka International v. Bulk Trading
Answer: (A)
Q48. Which section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?
(A) Section 30
(B) Section 10
(C) Section 40
(D) Section 20
Answer: (A)
Q49. Where territorial jurisdiction of a court is transferred after passing decree, an execution application may be filed:
(A) In the court which had passed the decree
(B) In the court to which territorial jurisdiction was transferred only
(C) In either of the court under (A) or (B)
(D) In any court of India
Answer: (C)
Q50. When a decree is transferred for execution to another Court and if decree holder has reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other court, he may apply to the Court which passed the decree to issue a .......... to attach the property at once.
(A) Caveat
(B) Restitution order
(C) Attachment order
(D) Precept
Answer: (D)
