Practice the AIBE 8 (2015) 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. Where the right to the discovery or inspection sought depends on the determination of any issue in the suit, the court may try that issue as a .......... before deciding upon the right to discovery or inspection.
(A) Special issue
(B) Preliminary issue
(C) Res Judicata
(D) Res sub judice
Answer: (B)
Q52. Identify a case where set off can be pleaded:
(A) Claim for unliquidated damages
(B) Suit for recovery of ascertained sum of money
(C) Suit for a sum legally non-recoverable
(D) None of the above
Answer: (B)
Q53. Period of limitation for execution of the order of maintenance is .......... from the date on which it becomes due.
(A) 1 year
(B) 5 years
(C) 6 years
(D) 15 years
Answer: (A)
Q54. Section 6-A is incorporated into the Criminal Procedure Code on the basis of which of the following decisions:
(A) Nandini Satpati v. P.L. Dani
(B) Sunil Batra v. Delhi Administration
(C) Prem Shankar Shukla v. Delhi Administration
(D) D.K. Basu v. State of West Bengal
Answer: (D)
Q55. Chapter dealing with Plea Bargaining has been inserted by:
(A) The Criminal Law (Amendment) Act, 1993
(B) The Criminal Law (Amendment) Act, 2005
(C) The Code of Criminal Procedure (Amendment) Act, 2001
(D) The Code of Criminal (Amendment) Act, 1993
Answer: (B)
Q56. As per the Criminal Procedure Code, during investigation a search can be conducted without warrant by:
(A) Judicial officer
(B) Any Person
(C) The Investigating Officer
(D) Any Police Officer
Answer: (C)
Q57. Prosecution for the offence of defamation can be initiated only:
(A) On the complaint of the aggrieved party
(B) On the basis of an FIR
(C) On the basis of a police report
(D) If it is matter related to domestic affairs of a family
Answer: (A)
Q58. "Mere illegality of the strike does not per se spell unjustifiability". Krishna Iyer in which case declared so:
(A) Chandanmalai Estate v. Its Workmen
(B) Associated Cement Ltd. v. Their Workmen
(C) Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha
(D) Indian General Navigation of Railway Co. Ltd. v. Their Workmen
Answer: (C)
Q59. Entry No. 22 of the Concurrent List deals with:
(A) Social security and insurance, employment and unemployment
(B) Industrial disputes concerning Union employees
(C) Trade unions and industrial and labour disputes
(D) Regulation of labour and safety in mines and oil fields
Answer: (C)
Q60. Which Article under the Constitution of India talks about the participation of workers in the management of industries?
(A) 43
(B) 43-A
(C) 43-B
(D) 42
Answer: (B)
Q61. Pick out the case that is popularly called as the Solicitor's Case:
(A) Ahmedabad Textile Industry's Research Association v. State of Bombay
(B) National Union of Commercial Employees v. Industrial Tribunal, Bombay
(C) Salem Advocates Bar Association v. Union of India
(D) Central Machine Tools Institute v. Dy. Registrar of Trade Unions
Answer: (B)
Q62. Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions:
(A) Jay Engineering Works Ltd. v. State of West Bengal
(B) Railway Union v. Registrar of Trade Unions
(C) ONGC Workmen's Association v. State of West Bengal
(D) Janumalaya Rao v. Dy. Registrar of Trade Unions
Answer: (D)
Q63. In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable:
(A) Possession of certain animals and abnormally dangerous activities
(B) Assault and battery
(C) Battery and negligence
(D) None of the above
Answer: (A)
Q64. What is the period of limitation prescribed for the suit instituted by a mortgagee to recover possession of immovable property mortgaged?
(A) 3 years
(B) 10 years
(C) 30 years
(D) 12 years
Answer: (C)
Q65. Sections 12–15 of the Limitation Act, 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion?
(A) Day on which judgment/order/award is pronounced
(B) Time during which stay/injunction operated
(C) Time during which the defendant had been out of India
(D) All the above
Answer: (D)
Q66. Provisions regarding Corporate Social Responsibility are incorporated in the Companies Act, 2013 under:
(A) Section 101
(B) Section 111
(C) Section 135
(D) Section 235
Answer: (C)
Q67. Which is Corporate Social Responsibility among the following?
(A) Employee benefits
(B) Project based protection of national heritage
(C) Programs undertaken outside India
(D) Mere donations
Answer: (B)
Q68. Talak-a-tafwiz is:
(A) Talak by delegation
(B) Triple Talak
(C) Talak by agreement
(D) Improper Talak
Answer: (A)
Q69. Any immovable property possessed by a female Hindu, acquired before or after the commencement of Hindu Succession Act, shall be held by her after the commencement of the Act as:
(A) A limited owner
(B) A full owner
(C) No ownership
(D) Not as absolute owner
Answer: (B)
Q70. Who was the founder of Analytical School of Law?
(A) Ihering
(B) Bentham
(C) John Austin
(D) August Comte
Answer: (C)
Q71. There was a contract to supply oil-seeds. But the Government rendered the sale and purchase of oil-seed illegal under the Defence of India Rules. Identify the effect:
(A) Party at default is held liable
(B) Both parties are discharged from the performance of such contract
(C) Both parties are directed specific performance of the contract
(D) None of the above
Answer: (B)
Q72. Principles evolved in Hadley v. Baxendale are the basis of Section .......... of the Indian Contract Act.
(A) 74
(B) 55
(C) 87
(D) 73
Answer: (D)
Q73. Section 6 of the Specific Relief Act, 1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him, may .........., recover possession thereof, notwithstanding any other title that may be set up in such suit.
(A) Application
(B) Restitution application
(C) Suit
(D) Reference
Answer: (C)
Q74. As per the Specific Relief Act, 1963, identify the situation wherein any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the Court.
(A) Where the contract is voidable or terminable by the plaintiff
(B) Where the contract is unlawful for cause not apparent on its face and the defendant is more to blame than the plaintiff
(C) Both (A) and (B)
(D) None of the above
Answer: (C)
Q75. A/An .......... is one which is drawn by one person and accepted by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.
(A) Bills in sets
(B) Documentary bill
(C) Bearer instrument
(D) Accommodation bill
Answer: (D)
Q76. Which provision of the Negotiable Instruments Act discusses about material alteration of an instrument and its effects:
(A) Section 77
(B) Section 88
(C) Section 87
(D) Section 78
Answer: (C)
Q77. A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B's death:
(A) The property passes to D
(B) The property reverts back to A's heirs
(C) The property is declared as having no owner
(D) None of the above
Answer: (A)
Q78. A transfers ₹500/- to his niece C, if she will desert her husband. The transfer is:
(A) Void
(B) Voidable
(C) Valid
(D) None of the above
Answer: (A)
Q79. Leading questions can be asked during:
(A) Re-examination
(B) Examination-in-chief
(C) Cross-examination
(D) None of these
Answer: (C)
Q80. Estoppel is a rule by which a party to litigation is/are:
(A) Stopped from asserting or denying a fact
(B) Prevented from appearing in person
(C) Prevented from hiding an evidence
(D) Both (A) and (B)
Answer: (A)
Q81. Under Section 122 of the Indian Evidence Act a communication made between spouses during marriage:
(A) Remains privileged after the dissolution of marriage by divorce but not so after death
(B) Does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
(C) Does not remain privileged after dissolution of marriage by divorce or death
(D) Remains privileged communication after the dissolution of marriage by divorce or death
Answer: (D)
Q82. Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/autrefois convict:
(A) Section 300
(B) Section 305
(C) Section 306
(D) Section 311
Answer: (A)
Q83. Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by:
(A) Austin
(B) Hugo Grotius
(C) Arvid Pardo
(D) Starke
Answer: (B)
Q84. The Indian who is presently a member of International Court of Justice:
(A) Justice A.S. Anand
(B) Justice Bhagwati
(C) Justice Dalveer Bhandari
(D) Justice Nagendra Singh
Answer: (C)
Q85. International Criminal Court is based on:
(A) Rio Conference
(B) Rome Statute of the International Criminal Court
(C) Part of UN Charter
(D) Yugoslavia Statute of the International Criminal Court
Answer: (B)
Q86. Constitutive and declaratory theories of state relate to:
(A) Law of the Sea
(B) Law of Air Space
(C) Law of Outer Space
(D) State Recognition
Answer: (D)
Q87. Tabula rasa under International Law relates to:
(A) State Recognition
(B) Universal Succession
(C) State Succession
(D) Sources of International Law
Answer: (C)
Q88. With reference to Cyber Crimes worm attack:
(A) needs the virus to attach
(B) do not need the virus to attach
(C) needs the host to attach
(D) do not need the host to attach
Answer: (D)
Q89. An attempt to acquire sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication—is known as:
(A) Salami Attacks
(B) Phishing
(C) Data diddling
(D) Forgery
Answer: (B)
Q90. The Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce" is dealt under:
(A) Information Technology Act
(B) Information and Communication Technology Act
(C) Information Communication Act
(D) Information and Cyber Space Act
Answer: (A)
Q91. "Asymmetric Crypto System" under Information Technology Act means a system of a secure key pair consisting of a private key for creating a digital signature and:
(A) an individual key to verify the digital signature
(B) a lock to verify the digital signature
(C) a public key to verify the digital signature
(D) a Government key to verify the digital signature
Answer: (C)
Q92. Section 43-A of the Information Technology Act deals with:
(A) Compensation for failure to protect data
(B) Punishment for sending offensive messages
(C) Identity Theft
(D) Impersonation
Answer: (A)
Q93. The persons taking part in the commission of an offence have been divided into two classes. They are:
(A) Principal and abettors
(B) Principle and disciples
(C) Principal and accessory
(D) Debtor and holder
Answer: (A)
Q94. Who authored the book The First Principles of Jurisprudence:
(A) Salmond
(B) Black Stone
(C) Austin
(D) Winfield
Answer: (A)
Q95. A issued a warrant to a police officer to arrest P. But the officer arrests Q after due inquiry believing to be P. Here:
(A) P is liable for criminal negligence
(B) P has committed no offence by virtue of Section 76, IPC
(C) P has committed an offence of wrongful confinement
(D) None of these
Answer: (B)
Q96. Durham doctrine means:
(A) That an accused is not criminally liable if his unlawful act is the product of immature understanding due to immature age
(B) That an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect
(C) That an accused is criminally liable if his unlawful act even if it is the product of mental disease or mental defect
(D) None of these
Answer: (B)
Q97. De minimis non curat lex implies:
(A) Every person is liable for his own acts
(B) Trifling acts do not constitute an offence
(C) Necessity knows no law
(D) Nothing is an offence which is done in private defense
Answer: (B)
Q98. P and Q agree to commit theft in R's house, but no theft is actually committed. Here P and Q are guilty of:
(A) Abetment of conspiracy
(B) Abetment of instigation
(C) No offence
(D) Criminal conspiracy
Answer: (B)
Q99. Ramu is suffering from disease of the heart. Rahul his heir rushes into his room and shouts in his ear "your house has been destroyed by fire" intending thereby to kill Ramu. Ramu dies of the shock by fire intending thereby to kill Ramu. Here Rahul is liable for the offence of:
(A) Attempt to murder
(B) Murder
(C) Culpable homicide
(D) Abetment to murder
Answer: (C)
Q100. The doctrine of civil conspiracy was enunciated by the House of Lords in:
(A) Walsby v. Anley
(B) Moghul Steamship Company v. McGregor Gow and Company
(C) Allen v. Flood
(D) Quinn v. Leathem
Answer: (D)