AIBE 3 (III) 2012 Question Paper with Answers and Explanations: All 100 Questions Solved

Here is the All India Bar Examination III (AIBE 3), held by the Bar Council of India in 2012, with all 100 questions solved. Every answer has a one-line reason tied to the section, article or case it comes from, and old questions are flagged where the law has since changed, including the matching BNS, BNSS and BSA sections.

Read this first

AIBE III printed a legal principle above many of its problem questions. Those principle boxes are not in the available copy, so apply the law you know; the reasons below state the principle each time.
1 published key was corrected: where the law points to a different option, the correct answer is shown and the note says what the circulated key gave.
2 questions were withdrawn or given grace marks. Where one option is still right in law, it is shown as the answer.
2 answers are marked “Law now”: right when asked, but the law has changed since. Read these twice; examiners now frame old concepts under the new section numbers.
Want every paper? See all AIBE previous year question papers (AIBE III to XXI).

How to use this paper

AIBE is an open-book exam, so speed in finding the provision matters as much as knowing it. Attempt each question first with the answers covered, then check the answer and the reason. Mark every question you got wrong or guessed, and go back to the provision.

AIBE III answer key at a glance

Q1 4	Q2 2	Q3 3	Q4 3	Q5 2	Q6 3	Q7 1	Q8 5	Q9 5	Q10 3
Q11 —	Q12 5	Q13 1	Q14 2	Q15 4	Q16 4	Q17 1	Q18 1	Q19 3	Q20 5
Q21 4	Q22 5	Q23 1	Q24 2	Q25 5	Q26 3	Q27 1	Q28 4	Q29 —	Q30 1
Q31 4	Q32 5	Q33 4	Q34 3	Q35 1	Q36 5	Q37 2	Q38 2	Q39 1	Q40 5
Q41 4	Q42 2	Q43 1	Q44 4	Q45 3	Q46 5	Q47 5	Q48 2	Q49 3	Q50 2
Q51 4	Q52 4	Q53 3	Q54 2	Q55 1	Q56 1	Q57 5	Q58 2	Q59 2	Q60 4
Q61 5	Q62 1	Q63 3	Q64 3	Q65 2	Q66 3	Q67 2	Q68 3	Q69 4	Q70 2
Q71 4	Q72 2	Q73 5	Q74 5	Q75 4	Q76 1	Q77 2	Q78 2	Q79 2	Q80 5
Q81 4	Q82 2	Q83 2	Q84 4	Q85 2	Q86 1	Q87 1	Q88 5	Q89 5	Q90 4
Q91 2	Q92 4	Q93 2	Q94 1	Q95 4	Q96 4	Q97 2	Q98 4	Q99 2	Q100 1

— means withdrawn or no correct option. Tap a number to jump to the question.

The question paper with answers

Arbitration & ADR

Q1. Which of the following Statements is least accurate about an arbitration agreement in India?

(1) The arbitration agreement must contemplate that the arbitral Tribunal’s decision will be binding on its parties.
(2) The arbitration agreement must contemplate that the arbitral Tribunal will determine the substantive lights of the parties.
(3) Existence of an arbitration agreement is necessary for a valid arbitration.
(4) The arbitration agreement must State who the members of the arbitral Tribunal shall be. ✔
(5) The arbitration agreement should be valid under the Indian Contract Act, 1872.

Answer: (4)

s. 7 A&C Act needs only a written agreement to refer disputes; the arbitrators can be named later, or appointed under s. 11.

Arbitration & ADR

Q2. Which of the following is not a ground to set aside an arbitral award under the Arbitration and Conciliation Act, 1996?

(1) The arbitral award conflicts with public policy.
(2) The arbitral’ award failed to appreciate the evidence properly. ✔
(3) The arbitration agreement is invalid in the eyes of the law.
(4) The arbitral award was beyond the scope of reference outlined in the arbitration agreement.
(5) The arbitral Tribunal was composed in an illegal manner.

Answer: (2)

s. 34 does not permit the court to re-appreciate evidence; the grounds are confined to incapacity, invalid agreement, scope, composition and public policy.

Arbitration & ADR

Q3. Which of the following Statements is least accurate about an expert determination?

(1) An expert’s determination requires that the dispute be referred to an independent third party.
(2) An expert’s determination is not. enforceable like an arbitral award is.
(3) An expert’s determination may be challenged in a Court of law. ✔
(4) An expert’s determination is intended to bind the parties.
(5) An expert is not required to give reasons for the determination.

Answer: (3)

An expert determination binds the parties as a matter of contract and has no statutory challenge route like s. 34; a court will not reopen it on merits. u

Arbitration & ADR

Q4. Which of the following is least likely to be required of a settlement agreement in a mediation proceeding?

(1) A settlement agreement should be balanced and reflect the benefit to each party.
(2) A settlement agreement should be in writing.
(3) A settlement agreement should be expressed in judgmental language. ✔
(4) A settlement agreement should describe the responsibility of, each party in implementing it.
(5) A settlement agreement should State what the parties’ future relationship is to be.

Answer: (3)

A mediated settlement records what the parties agree and who does what; it is not a judgment and should not read like one.

Arbitration & ADR

Q5. A enters into a contract to sell his house to his son B at a nominal price of Rupees Five lakhs, and B agrees to pay Rupees Ten thousand every month to A’s daughter, C, for her lifetime. The contract contains an arbitration clause that in the event of any dispute between the parties with respect to the terms of the contract or its implementation, they will refer the matter to arbitration-Later, B stops paying C. C wishes to commence an arbitration proceeding, but B does not agree to arbitration. C files a suit seeking the Court’s direction that arbitration proceedings commenced. In light of these facts be allow, which of the following Statements is most accurate?

(1) There was no ‘separate’ arbitration agreement between A and B, and therefore C’s suit will be dismissed.
(2) There was no arbitration agreement between B and C, and therefore C’s suit will be dismissed. ✔
(3) B’s agreement to pay Rupees Ten thousand every month to C was an ancillary matter and not the subject matter of the contract, and therefore C’s suit will be dismissed.
(4) Since arbitration is a voluntary method of alternate dispute resolution and B did not agree to arbitration, no arbitration proceedings can be ordered by the Court.
(5) B’s failure to pay is clearly a dispute regarding implementation of the contract, which is the subject matter of the arbitration agreement, and therefore the Court is obliged to refer the matter to arbitration.

Answer: (2)

An arbitration agreement binds only its parties. C is a beneficiary of the contract, not a party to the arbitration clause, so cannot compel B to arbitrate.

Arbitration & ADR

Q6. A and B agree to refer a land dispute to conciliation. C, the conciliator, makes a proposal for the settlement of their dispute, whereby the land will be split between A, B. and their sons in a particular manner. A’s son D protests to A that the proposal is biased in favour of B. However, A and B are of the opinion. that the proposal is the best solution to their dispute. D then claims his share (as outlined in C’s proposal) B, but they refuse to hand over his share. In light of these facts and the below which of the following Statements is most accurate?

(1) Since A and B have agreed to C’s proposal, they are bound to hand over D’s share to him.
(2) Since there is a valid settlement agreement signed by the parties in place; D is entitled to claim his share, as the agreement is final and binding.
(3) Since there is no settlement agreement between A and B yet, D cannot claim his share under C’s proposal. ✔
(4) Since D has claimed under the settlement agreement, it is final and binding on him; therefore, he can only seek C’s aid in enforcing the agreement.
(5) D is not a party to the conciliation proceedings, and therefore he can file a suit requesting that the Court set aside the settlement agreement.

Answer: (3)

s. 73 — a settlement exists only when the parties draw up and sign a settlement agreement. A proposal, however acceptable, binds no one.

Arbitration & ADR

Q7. A and B refer a dispute to an arbitral Tribunal. The Tribunal passes an award but both parties think that the Tribunal has taken an incorrect view of an applicable point of law. Can the parties approach the Court to appeal against this order?

(1) No, unless they argue that the award is against public policy. ✔
(2) Yes, because Court may support their alternative view of the law.
(3) Yes, but only because both parties agree that the tribunal’s award is incorrect.
(4) Yes, but only if the arbitral award makes the award appealable.
(5) Yes, but only as a fresh suit, and not as an appeal from the arbitral award.

Answer: (1)

There is no appeal on merits from an award; it can only be set aside on s. 34 grounds such as conflict with public policy.

Note: Since 2015, a domestic award may also be set aside for patent illegality on its face (s. 34(2A)) — but never for a mere erroneous application of the law.

Code of Civil Procedure

Q8. Which of the following Statements is most accurate about a clerical error that has accidentally crept into a judgment?

(1) Such an error cannot be corrected except by way of an appeal against the judgment.
(2) The parties must file a fresh suit to rectify the error in the judgment.
(3) The parties can apply to and request the registrar of the Court to rectify the error in the judgment.
(4) The clerk who is responsible for the error must file an application to correct the error in the judgment.
(5) The Court may, of its own motion, rectify the error in the judgment. ✔

Answer: (5)

s. 152 CPC — clerical or arithmetical mistakes in judgments may be corrected by the court at any time, of its own motion or on application.

Limitation Act

Q9. Which of the following Statements is most accurate about the Limitation Act, 1963?

(1) It prescribes the jurisdictional limits of various Courts in India.
(2) ‘It prescribes the pecuniary limits of various Courts’ jurisdiction in India.
(3) It prescribes the territorial limits of various Courts’ jurisdiction in India.
(4) It prescribes the periods of limitation for different types of proceedings that may be instituted in a Court or an arbitral Tribunal.
(5) It prescribes the periods of limitation for different types of proceedings that may be instituted in a Court. ✔

Answer: (5)

The Limitation Act prescribes periods for suits, appeals and applications in courts; it reaches arbitrations only because s. 43 of the A&C Act applies it.

Code of Civil Procedure

Q10. In which of the following circumstances can a Court pass an interlocutory order?

(1) Before a suit has been filed, to protect the rights of the parties.
(2) After a suit has been filed but before its final disposal, to protect the disputed property.
(3) After a suit has been filed but before its final disposal, to protect the rights of the parties. ✔
(4) After final disposal of a suit, to protect the disputed property.
(5) After final disposal of a suit, to protect the rights of the parties.

Answer: (3)

An interlocutory order is made during the pendency of a suit, to protect the rights of the parties until final decision.

Code of Civil Procedure · Withdrawn / Grace

Q11. In which of the following circumstances will a judgment of a foreign Court not operate as res judicata between the parties?

(1) The foreign Court was not, one of competent jurisdiction.
(2) The judgment was given only on the merits of the case.
(3) The judgment was obtained fraudulently.
(4) The proceedings in the foreign Court did not follow the principles of natural justice.
(5) The foreign Court failed to recognise that Indian law was applicable.

Answer: Withdrawn / grace marks

Withdrawn: options 1, 3, 4 and 5 are all exceptions under s. 13 CPC to the conclusiveness of a foreign judgment; only (2) is not.

Code of Civil Procedure

Q12. A files a suit against B over a contractual dispute. The Court summons B and fixes a date to hear the matter. On the appointed day, A fails to appear in person. A’s lawyer informs the Court and B that A will be unable to attend the hearing as she is attending a parent-teacher meeting at her son’s school. In light of these facts and the relevant law, what is the Court most likely to do?

(1) The Court will dismiss the suit, as the plaintiff did not appear in person.
(2) The Court will proceed ex-parte, as the defendant did not appear in person.
(3) The Court will proceed with the hearing, as the plaintiff has sufficient cause to be absent.
(4) The Court will proceed with the hearing, as the defendant has sufficient cause to be absent.
(5) The Court will proceed with the hearing, as the defendant and the plaintiffs lawyer are present in Court. ✔

Answer: (5)

Appearance through a pleader is appearance (O. 3 R. 1). O. 9 R. 8 dismissal applies only when the plaintiff does not appear at all.

Code of Civil Procedure

Q13. A enters into agreements with B and C. A agrees to supply B with oranges and to supply C with mangoes. Subsequently, A fails to supply both B and C with the fruits as promised. In light of these facts and the relevant law, which of the following
Statements is most accurate?

(1) B & C must file separate suits, as A has entered into separate agreements with B and C. ✔
(2) B and C may file a suit against A together, as A’s failure to supply them, with fruits is a common cause of action.
(3) B and C may file a suit against A together, as the right to relief arose from the same act, that is, A’s failure to supply them with fruits.
(4) B and C may file a suit against A together, as the right to relief arose from the same transaction, that is, A’s agreement with Band C.
(5) B and C may file a suit together, as common questions of law and facts would arise if they filed separate suits.

Answer: (1)

O. 1 R. 1 — plaintiffs may join only where their relief arises from the same act or transaction; two separate contracts give two separate causes of action.

Code of Civil Procedure

Q14. ABC Private Limited is a courier company head quartered at Mumbai. D, a resident of New Delhi, is visiting Mumbai and dispatches a consignment of valuable goods through ABC Private Limited from Mumbai to his ancestral home in Kolkata. In the course of transit, the goods are damaged at Bhopal. In light of these facts and the relevant law, where is D permitted to file a suit against ABC Private Limited?

(1) At Bhopal, Mumbai, or Kolkata.
(2) At Mumbai or Bhopal. ✔
(3) At Mumbai, Bhopal, or New Delhi.
(4) At New Delhi or Bhopal.
(5) At Mumbai or Kolkata.

Answer: (2)

s. 20 CPC — where the defendant carries on business (Mumbai) or where the cause of action arose (Bhopal, where the goods were damaged).

Constitutional Law

Q15. Which of the following matters does the Parliament have the power to make laws on?

(1) Entries in List I in Seventh Schedule of the Constitution of India.
(2) Entries in Lists-I and II in Seventh Schedule of the Constitution of India.
(3) Entries in Lists II and III in Seventh Schedule of the Constitution of India.
(4) Entries in Lists I and III in Seventh Schedule of the Constitution of India. ✔
(5) Entries in Lists I, II, and III in Seventh Schedule of the Constitution of India.

Answer: (4)

Art. 246 — Parliament legislates on List I exclusively and on List III concurrently; List II belongs to the States.

Constitutional Law

Q16. Which of the following is a fundamental right that a foreign national residing in India enjoys?

(1) The right to assemble peaceably and without arms.
(2) The right to carry on a business.
(3) The right to move freely throughout the territory of India.
(4) The right against deprivation of personal liberty. ✔
(5) The right to reside in any part of India.

Answer: (4)

Art. 21 protects every “person”, citizen or not; the freedoms in Art. 19 belong only to citizens.

Constitutional Law

Q17. Which of the following writs is used to challenge the legality of a claim that a person asserts to a public office, and to remove such a person from the public office if the claim is not well-founded?

(1) Quo warranto. ✔
(2) Habeas corpus.
(3) Mandamus.
(4) Certiorari.
(5) Prohibition.

Answer: (1)

Quo warranto (“by what authority”) tests a person’s title to a public office.

Administrative Law

Q18. Which of the following Statements is most accurate about a judgment of the High Court of a State?

(1) It is binding on an administrative Tribunal of that State. ✔
(2) It is binding on all administrative Tribunals in India.
(3) It is of persuasive value to an administrative Tribunal of that State.
(4) It has no value to any of the administrative Tribunals in India.
(5) It has no value to an administrative Tribunal of that State.

Answer: (1)

A High Court’s decision binds every tribunal within its territorial jurisdiction (Arts. 226-227; L. Chandra Kumar).

Constitutional Law

Q19. A State passes a law making it mandatory for all persons riding two-wheelers within the State to wear helmets. The rule extends not only to the driver but also to any passenger. A two-wheeler rider, A, challenges the law on the ground that it violates A’s fundamental right under Article 19(1)(d) to move freely throughout the territory of India. Will the challenge succeed?

(1) Since the helmet rule does not exist in other States, it is arbitrary and unreasonable. As such, it violates the fundamental right under Article 19(1)(d) and must be struck down.
(2) The safety of persons riding two-wheelers cannot be said to be in the interest of the ‘general public’. Wearing a helmet affects only the safety of those riding the two-wheeler and nobody else. Hence, the rule will be struck down.
(3) The helmet rule is a reasonable restriction on the right under Article 19(1)(d) and is in the interests of the general public. Therefore, the challenge will not succeed. ✔
(4) The helmet rule, if struck down, would affect the right of helmet manufacturers to carry on their trade or business, and therefore cannot be struck down.
(5) The helmet rule is a reasonable restriction on the right under Article 19(1)(d), but it must be imposed by the Central Government to be valid. Hence, the rule will be struck down.

Answer: (3)

A helmet rule is a reasonable restriction in the interest of the general public under Art. 19(5).

Constitutional Law

Q20. The Panchayat Act of a State provides that all matters relating to criminal trespass shall be decided by the nyaya panchyat of that area. The Panchayat Act also provides that no lawyer may plead a case before a nyaya panchayat. A is arrested on a charge of criminal trespass and is produced before the relevant Nyaya Panchayat. A demands access to a lawyer, but is denied. Which of the following is most correct?

(1) A has the right to consult a legal practitioner, and to be defended by one. However, this right would be overruled by the provisions of the Panchayat Act.
(2) Promoting local self-government is one of the constitutional ideals, and individual liberties cannot be allowed to hamper the development of such ideals. As such, A does not have the right to consult or be defended by a legal practitioner.
(3) A may consult a legal practitioner. However, it cannot be argued that a nyaya merely appearing before panchayat on criminal grounds requires a ‘defence’. As such, A does not have the right to ask for a lawyer when appearing before the Nyaya Panchayat.
(4) A has the right to consult a legal practitioner, and to be defended by a legal practitioner. However, this right would only come into operation if A is convicted of-the offence of criminal trespass, and not before.
(5) The State cannot make a law that is in contravention of the fundamental rights.As such, A has the right to consult and be defended by a legal practitioner before the nyaya Panchayat. ✔

Answer: (5)

Art. 22(1) guarantees an arrested person the right to consult and be defended by a legal practitioner of choice; a State law cannot take it away.

Professional Ethics

Q21. A, an advocate, is found to have committed contempt of the Supreme Court by trying to influence a Judge of the Court. A’s punishment for contempt, the Supreme Court directs that A’s licence to practice as an advocate be cancelled. Can the Supreme Court do this?

(1) Yes, the Supreme Court can cancel A’s licence to practice as an advocate, since it is a Court of record and has the power to punish for contempt of itself.
(2) Yes, the Supreme Court can cancel A’s licence to practice as an advocate, since it is the highest Court in the land, and an advocate who is in contempt of the Supreme Court should not have a right to practice.
(3) No, the Supreme Court cannot cancel A’s licence to practice, since an advocate’s licence to practice, once granted, is irrevocable on any ground whatsoever;
(4) No, the Supreme Court cannot do this, since its powers of punishment for contempt may extend to fine or imprisonment, but not to cancelling an advocate’s licence to practice. ✔
(5) No, the Supreme Court cannot do this, since the act that A committed is not contemplated within the boundaries of an advocate’s responsibilities, duties and therefore, is entirely unconnected with the licence to practice.

Answer: (4)

Supreme Court Bar Association v. Union of India (1998) — contempt jurisdiction does not extend to suspending or cancelling an advocate’s licence; that is for the Bar Council under s. 35.

Contract & Property

Q22. Which of the following Statements is least accurate in relation to ‘negotiable instruments’ in terms of the Negotiable Instruments Act, 1881?

(1) A ‘ negotiable instrument’ means a promissory note, bill of exchange, or cheque payable either to order or to bearer.
(2) ‘Negotiation’ of an instrument means the transfer of a promissory note, bill of exchange, “or cheque to any person, which makes that person the holder of the instrument.
(3) A person affixing a signature on an instrument for the purposes of negotiation of the instrument is known as an ‘indorser’.
(4) A ‘negotiable instrument’ is only to be for the payment of money.
(5) A negotiable instrument may not presumed to be made or drawn for consideration. ✔

Answer: (5)

s. 118 NI Act raises a presumption that every negotiable instrument was made or drawn for consideration.

Contract & Property

Q23. Which of the following Statements best describes the doctrine of privity as it is applicable to contract law?

(1) A contract cannot usually confer rights or impose obligations under it to any person except the parties to such contract. ✔
(2) Terms of a contract cannot be revealed to any third party unless expressly provided for in the contract.
(3) Terms of a contract cannot be revealed to a third party, unless both parties agree to do so.
(4) As long as there is consideration for a promise, it is immaterial if a third party has provided it.
(5) A third party is entitled to demand performance of the contract, if the contract results in a benefit to such third party.

Answer: (1)

Privity: a contract confers rights and imposes obligations only on its parties, subject to recognised exceptions.

Contract & Property

Q24. Which of the following instances is specific performance of the contractual obligation most likely to be granted?

(1) Where the contract is to transfer movable property.
(2) Where the contract is to transfer immovable property. ✔
(3) Where the trustee enters into the contract in breach of the trustee’s powers.
(4) Where the contract is determinable.
(5) Where the contract is for the performance of a continuous dirty.

Answer: (2)

Courts have always presumed that damages are inadequate for breach of a contract to transfer immovable property.

Note: Since the 2018 amendment of s. 10 Specific Relief Act, specific performance is the rule for all contracts, not a discretionary exception.

Contract & Property

Q25. Which of the following Statements is least accurate regarding an ‘offer’ under contract law in India?

(1) An offer is not valid unless such offer has been communicated to the other party.
(2) An offer is complete as against an acceptor when the offeror puts it in a mode of transmission outside the control of the offer or.
(3) An offer lapses when a counter offer is made.
(4) An offer lapses by revocation, as long as such offer is revoked prior to acceptance of such offer.
(5) An offer lapses upon acceptance of the terms of the offer by a third party. ✔

Answer: (5)

Only the offeree can accept; acceptance by a stranger neither concludes a contract nor makes the offer lapse.

Note: Option (2) is also loosely worded — under s. 4 it is an acceptance, not an offer, that is complete against the proposer once put in course of transmission.

Contract & Property

Q26. A offers to buy B’s motorcycle for a price of Rs. 35,000/-. B replies that the motorcycle may be bought for Rs. 45,000/-. A immediately lets B know that it is not acceptable. Ten days later, B agrees to sell the motorcycle to A at Rs. 35,000/- and communicates his acceptance to A. Is there a valid contract between A and B?

(1) As B has accepted the initial offer made by A and communicated his acceptance to A, there is a valid contract between A and B.
(2) B was only negotiating the price and once it was determined that A would only accept Rs. 35,000/-, B communicated his acceptance to A and this resulted in a valid contract between A and B.
(3) B made a counter offer that A rejected, and since the counter offer caused A’s initial offer to lapse, there is no valid contract between A and B. ✔
(4) A failed to expressly revoke his initial offer, and hence B accepted A’s initial offer resulting in a valid contract between A and B.
(5) A’s rejection of B’s offer is a counter offer, and B’s acceptance of A’s counter offer resulted in a valid contract between A and B.

Answer: (3)

B’s reply was a counter-offer, which rejected and extinguished A’s original offer; B’s later “acceptance” had nothing left to accept.

Contract & Property

Q27. A hands over a permit to a courier company, who agree to deliver it without delay-to A’s, paper factory. A ad informs the courier company, that his factory cannot restart production till the permit is delivered to them. The courier company unreasonably delays the delivery of the permit. As a result, A loses an unusually lucrative contract with a Japanese company. What is the compensation that A is entitled to receive from the courier company?

(1) A is entitled to receive as compensation the average amount of profit that he would have made from the working of his factory during the period of delay, but not the loss sustained through the loss of the contract with the Japanese company. ✔
(2) A is entitled to receive as compensation an amount equal to overhead costs of his factory that were incurred during the period of delay.
(3) A is not entitled to any compensation.
(4) A is entitled to receive as compensation the profits that he would have made from the unusually lucrative contract with a Japanese company.
(5) A is entitled to receive as compensation the profits that he would have made had he entered into a similarly lucrative contract with an Indian company.

Answer: (1)

s. 73 and Hadley v. Baxendale — only loss arising naturally, or within the parties’ contemplation, is recoverable; the special Japanese contract was never disclosed.

Contract & Property

Q28. A, a landlord, agrees to let his flat out to B for payment of a monthly rent of Rs. 10,000/-. C agrees to act as surety for any default by B in payment of the rent. B is facing a sudden financial crisis and, a few days before his rent is due, informs A that he might not be able to pay the rent for January on time. A immediately calls up C and asks him to pay the rent for January as C has guaranteed B’s payment of rent. Is C liable to pay the rent for January to A?

(1) C is liable to pay the rent for January because C has guaranteed it and A is not required to seek the rent beforehand from B.
(2) C is liable to pay the rent for January because B has defaulted and A can now proceed against the surety.
(3) C is hot liable to pay the rent for 25 January as the surety only guarantees performance and C is not personally liable for B’s default.
(4) C is not liable to pay the rent as B is yet to default and C’s liability will arise only once B has defaulted. ✔
(5) C is liable to pay the rent for January as B is in financial trouble and unable to pay the rent, and C has agreed to be the surety for B’s performance.

Answer: (4)

s. 126 — the surety’s liability arises only on the principal debtor’s default; until the rent falls due and is unpaid, C owes nothing.

IPC / BNS · Withdrawn / Grace

Q29. In which of the following circumstances is culpable homicide also murder under the Indian Penal Code, 1860?

(1) Where the offender intended to cause death.
(2) Where the offender intended to cause serious injury that caused the death of the victim.
(3) Where the offender intended to cause bodily injury that is sufficient in the ordinary course of nature to cause death.
(4) Where the offender intended to cause such injury as the offender knew to be likely to cause the death of the victim.
(5) Where the offender intended to commit an act that was so imminently dangerous that it would, in all probability, cause death.

Answer: Withdrawn / grace marks

Withdrawn: options 1, 3, 4 and 5 each restate a limb of s. 300 IPC (now s. 101 BNS), so more than one answer was correct.

IPC / BNS

Q30. Which of the following is not an essential element to be proved in cases of hurt or grievous hurt?

(1) That the offender intended to hurt the victim. ✔
(2) That hurt was caused.
(3) That the hurt was caused voluntarily.
(4) That the victim did not consent.
(5) That the offender intended to cause hurt.

Answer: (1)

s. 321 IPC (s. 115 BNS) is satisfied by intention or by knowledge that hurt is likely; an intention to hurt the particular victim is not essential.

IPC / BNS

Q31. In which of the following instances is an accused most likely to be guilty of an offence under the Indian Penal Code, 1860?

(1) Where a lawful act resulted in an unforeseen injury due to an accident.
(2) Where the injury is caused while acting pursuant to an order of the Court.
(3) Where the injury is caused by a Judge while acting judicially.
(4) Where the injury caused is very slight and trifle, according to the accused. ✔
(5) Where the injury caused by accused when he is of unsound mind.

Answer: (4)

The trifling-act exception (s. 95 IPC, now s. 33 BNS) is judged objectively, by what a person of ordinary sense would complain of, not by the accused’s view.

IPC / BNS · Law changed

Q32. Which of the following is not a form of punishment under the Indian Penal Code, 1860?

(1) Forfeiture of property.
(2) Imprisonment for life.
(3) Simple imprisonment.
(4) Fine.
(5) Community service. ✔

Answer: (5)

s. 53 IPC listed death, life imprisonment, imprisonment, forfeiture of property and fine; community service was not a punishment.

Law now: The BNS (s. 4(f)) has added community service as a punishment, so on the current law this answer has changed.

IPC / BNS

Q33. Four men agree to rob a bank. Two of them are carrying large knives and one has a shotgun. The last one is canying a bag for the money. They agree that they will try not to hurt anyone. They enter the bank wearing masks, threaten the staff, and demand cash. One of the bank employees tries to grab the shotgun, and the man holding it discharges the shotgun, causing the death of the employee. The men get the cash and leave the bank. Can any or all of the robbers be charged in relation to the death of the bank employee?

(1) Yes, all of the robbers can be charged because the act of one. man in discharging the gun was in pursuit of the common intention to hurt anyone if necessary while robbing the bank.
(2) No, the robbers were of the common intention that they would try not to hurt anyone, and this was obviously an accident.
(3) Yes, but only the three robbers carrying weapons may be charged as they clearly had the common intention to use the weapons, if necessary.
(4) Yes, all of the robbers can be charged because the act of one man in discharging the gun, was in pursuit of the common intention of all of them to rob the bank. ✔
(5) Yes, but only the man who discharged the shotgun can be charged, as it is his fault alone, and the others were of the common intention that they would try not to hurt anyone.

Answer: (4)

s. 34 IPC (s. 3(5) BNS) — a killing in furtherance of the shared plan to rob with weapons is attributable to every robber who shared that intention.

IPC / BNS

Q34. A gives B Rs. 25,000/- to buy a television from a store. B runs away with the money. Which of the following Statements is the most accurate application of the principle Trobelow?

(1) B has committed the offence of theft and criminal breach of trust.
(2) B has committed the offence of theft only and not criminal breach of trust.
(3) B has committed the offence of criminal breach of trust only and not theft. ✔
(4) B has committed no offence.
(5) B has committed the offence of theft, but will also be guilty of criminal breach of trust if he converts the money to his use.

Answer: (3)

The money was entrusted to B for a purpose and dishonestly misappropriated — criminal breach of trust (s. 405 IPC, now s. 316 BNS), not theft.

IPC / BNS

Q35. A threatens to publish a defamatory article about B unless B gives him money. B gives him the money to protect his reputation. Which of the following Statements is most accurate about A’s liability?

(1) A is guilty of extortion as A has put B in fear of injury to his reputation and induced B to give the money. ✔
(2) A is not guilty of extortion as money is not a property or valuable security.
(3) A is not guilty of extortion as A only threatened to publish an article, which would not have caused any physical injury to B.
(4) A is guilty of extortion as A has put B in fear of physical harm and induced B to give the money.
(5) A is not guilty of extortion as A did not actually publish the article to get the money from B.

Answer: (1)

Injury includes harm to reputation (s. 44 IPC); putting B in fear of it to obtain money is extortion (s. 383 IPC, now s. 308 BNS).

Evidence / BSA

Q36. Which of the following Statements concerning confessions in criminal matters is most accurate?

(1) Due to the privilege against self- incrimination, neither confessions given to a police officer or a Magistrate are admissible at trial.
(2) Confessions to police officers are only admissible at trial, if the accused have been advised beforehand that they are not obligated to make any Statement.
(3) Confessions are admissible provided the accused’s rights have been protected, most importantly those including the right to legal advice and the right to not.be tortured.
(4) Confessions are admissible provided the accused has given it voluntarily and police officer recording it has followed all procedures outlined in the Code of Criminal Procedure, 1973.
(5) Confessions are admissible provided the accused has given it voluntarily and the Magistrate recording it has followed all procedures outlined in the Criminal Procedure Code, 1973. ✔

Answer: (5)

A confession is admissible if voluntary and recorded by a Magistrate under s. 164 CrPC (now s. 183 BNSS); one made to the police is barred by s. 25.

CrPC / BNSS

Q37. Which of the following is not one of the basic rights of an arrested person under the Criminal Procedure Code, 1973?

(1) The right not to be subjected to unnecessary restraint.
(2) The right to have a lawyer present at all times, including in the interrogation room. ✔
(3) The right not to be tortured or be subject to custodial violence, and for the interrogation to remain humane.
(4) The right to be produced before a Magistrate within twenty- four hours of arrest.
(5) The right to be informed of the grounds of arrest.

Answer: (2)

An arrested person may meet an advocate during interrogation, but not throughout it (s. 41D CrPC, now s. 38 BNSS).

CrPC / BNSS

Q38. Which if the following is least likely to be a consideration that the Court will normally weigh when considering an application for bail?

(1) The character of the evidence presented.
(2) What the police officers handling the case want. ✔
(3) Whether the accused will appear in Court, or leave the jurisdiction.
(4) The nature and seriousness of the offence.
(5) Apprehension of the accused tampering with witnesses.

Answer: (2)

Bail turns on the nature of the accusation, the evidence, the risk of absconding and tampering — not on what the investigating officers would like.

CrPC / BNSS

Q39. Which of the following Statements about the Criminal Procedure
Code, 1973 is least accurate?

(1) Since it is a central legislation, only the Parliament can amend it and not State legislatures. ✔
(2) It provides the rules and procedure for investigation into offences.
(3) It provides the rules and procedure for trial of offences.
(4) It provides the procedural law to implement the substantive criminal law.
(5) It balances the rights of the accused and the need for society to protect itself from crime.

Answer: (1)

Criminal procedure is in the Concurrent List (Entry 2, List III), so States may amend the CrPC, subject to Art. 254.

CrPC / BNSS

Q40. A is taken to a Police Station for questioning. The police officer was informed that A was one of the witnesses to an incident the previous day where one man assaulted another. What the police officer does not know is that A was also involved in the assault on the man, but had stopped before any other witnesses arrived on the scene. Is A obliged to answer the police officer’s questions?

(1) No, A does not have to answer any questions as he may incriminate himself in the assault.
(2) Yes, he has to answer all the officer’s questions because neither is he a suspect nor has he been charged; so he cannot avail the protection of the principle above.
(3) No, he does not have to answer any questions if he does not want to, as anyone involved in criminal matters has the right against self- incrimination.
(4) Yes, he has to answer all the questions; but since he will become a suspect, he is entitled to have a lawyer present.
(5) Yes, he has to answer questions up to the point where he may incriminate himself in the assault. ✔

Answer: (5)

s. 161(2) CrPC (s. 180(2) BNSS) — a witness must answer truly, except questions whose answers would expose him to a criminal charge.

CrPC / BNSS

Q41. A police officer attends A’s house and tells him that he is under arrest, and that he should accompany the officer to the Police Station. A refuses to go with the officer. The officer leaves, saying that he will return the next day with more police officers. A says he will go with the police officers the next day. Is A under arrest at this stage, and why?

(1) Yes, because the police officer has clearly told A that he is under arrest and A has been notified that A will be taken to the police station the following day.
(2) Yes, the police officer has clearly told A that A is under arrest, and A has consented to go with the officers the following day, so that constitutes submission.
(3) No, but A is not allowed to leave the jurisdiction because he has agreed to be arrested the following day.
(4) No, because when A refused to go with the police officer, the police officer did. not touch or otherwise attempt to confine A, so A is not yet under arrest. ✔
(5) No, but A is on tentative arrest, as A is under notice that the police will collect A on following day.

Answer: (4)

s. 46 CrPC (s. 43 BNSS) — arrest requires actually touching or confining the body unless the person submits to custody by word or action.

CrPC / BNSS

Q42. A is charged with murder. At his trial, the Judge considers that there is not sufficient evidence against A, including a lack of evidence that A was even at the scene, and delivers a verdict of acquittal. The police are frustrated by this and conduct further searches and testing at the scene. They are able to recover some finger prints, which they say match those of A. Can A be tried again for murder?

(1) Yes, A can be tried again, because of the discovery of new evidence:
(2) No, A cannot be tried again, because that would amount, to trying A again for the same offence: ✔
(3) No,A cannot be tried again, but A can be tried for palpable homicide because. of the new evidence.
(4) Yes, A can be tried again, but only if the police or prosecution first have the initial acquittal quashed.
(5) No, A cannot be tried again, but once the acquittal is quashed, A can be tried for culpable homicide.

Answer: (2)

Art. 20(2) and s. 300 CrPC (s. 337 BNSS) — a person acquitted may not be tried again for the same offence on the same facts.

Contract & Property

Q43. Which of the following Statements regarding the examination of title to immovable property is the least accurate?

(1) Examination of title to immovable property covers information available in public records but not in private records. ✔
(2) Examination of title to immovable property usually begins with the preparation of an abstract of title.
(3) Examination of title to immovable property involves reviewing past deeds, trusts, and other encumbrances on the property.
(4) Examination of title to immovable property seeks to reveal any defect in the title.
(5) Examination of title to immovable property aims to ascertain whether the title has passed correctly to each new owner.

Answer: (1)

A title search covers private documents — past deeds, wills, mortgages — as much as public records.

Contract & Property

Q44. Which of the following Statements regarding the parties to a deed arising out of the transfer of property this the most accurate?

(1) Both parties to such a deed need to be competent to contract.
(2) A minor cannot be a party to such a deed.
(3) Unlike a deed arising out of contract, a deed arising out of the transfer of property does not require two parties.
(4) The person on whom any obligation is imposed under such a deed has to be competent to contract. ✔
(5) A person under a disability cannot be a party to such a deed.

Answer: (4)

s. 7 TPA — the transferor must be competent; a minor may be a transferee, but a person bound by an obligation under the deed must be competent to contract.

Code of Civil Procedure

Q45. Which of the following Statements does not describe a fundamental rule regarding pleadings?

(1) Pleadings must State all material facts.
(2) Pleadings need not follow, word-for- word in all cases, the forms set out in Appendix A to the Code of Civil Procedure, 1908.
(3) Pleadings must list all principles of law applicable to the facts. ✔
(4) Pleadings need not State the facts by means of which the material facts are to be proved.
(5) Pleadings need to include material facts that the law presumes in the party’s favour. only if the same has been specifically denied.

Answer: (3)

O. 6 R. 2 — pleadings state material facts, not law or evidence.

Code of Civil Procedure

Q46. Which of the following Statements regarding written Statements is the most accurate?

(1) The rules applicable to plaints are, generally, not applicable to written Statements.
(2) The defendant is allowed a maximum of ninety days from the commission of the offence to file a written Statement with the Court.
(3) A Statement questioning the maintainability of the suit would be sufficient in a written Statement, as it is not always necessary to specifically State why the suit is not maintainable.
(4) The defendant may choose to admit or deny the allegations in the plaint but must not allege any new facts in the written Statement.
(5) The defendant can add to the written Statement the defence of set-off or counter-claim even at a later stage in the proceedings, with the permission of the Court, if there is due cause for doing so. ✔

Answer: (5)

O. 8 R. 9 — a subsequent pleading, including set-off or counter-claim, may be filed with the court’s leave.

Contract & Property

Q47. A, aged thirty-two years, executes a gift deed to transfer a plot of land to his daughter B, who is nine years old at that time. After ten years, B transfers the plot of land to her cousin C, aged seventeen years, for a discounted price of Rupees Twenty thousand only. Does C have valid title to the property?

(1) C has valid title to the property because both the first and second transfers were valid transfers, as the transferor in both cases was competent to contract.
(2) C has valid title to the property because in deeds relating to transfer of property, the transferee can be a minor.
(3) C does not have valid title to the property because B was not competent to contract in the second transaction.
(4) Whether C has valid title is to be ascertained by the Court on the basis of whether the discounted price is considered to be adequate consideration.
(5) C does not have valid title to the property because a minor can be a transferee only when there is no obligation on the minor to pay consideration for the transfer. ✔

Answer: (5)

A minor may take a transfer that benefits him but cannot be bound by a promise to pay consideration (Mohori Bibee v. Dharmodas Ghose).

Code of Civil Procedure

Q48. A was working on the first floor balcony with some heavy tools. While working, a tool slipped out of A’s hands and fell down on B who was walking on the street below. The weight and sharp parts of the tool caused injuries on B’s shoulder, back, and legs. B files a suit against A to recover damages for the loss suffered. With regard to the pleadings to be filed by both parties, which of the following Statements is the least accurate?

(1) The plaint must include a description of the loss suffered by B and the amount of damages being claimed.
(2) The plaint must include a description of the weight and sharpness of the tool and the manner in which B’s injuries were caused. ✔
(3) The plaint must include the fact that the tool slipped out of A’s hands and fell on B who was walking on the street below.
(4) The plaint need not include a doctor’s report on how each part of the tool led to each of the injuries suffered by B.
(5) The plaint need not include a description of B’s reason for walking on that street.

Answer: (2)

O. 6 R. 2 — the weight and sharpness of the tool are evidence, not material facts, and need not be pleaded.

Intellectual Property

Q49. A and B are involved in a trademark infringement dispute. The dispute is referred to a sole arbitrator who passes an award declaring A to be the owner of the trademark. Subsequently, A assigns this trademark to C without any consideration. Which of the following Statements is most accurate about whether such an assignment agreement is compulsorily registrable under the Registration Act, 1908 and why?

(1) No, it is not compulsorily registrable because only orders of a Court that declare rights are compulsorily registrable.
(2) Yes, it is compulsorily registrable non-testamentary because all instruments assigning an award that declare a right need to be registered.
(3) No, it is not compulsorily registrable because it assigned intellectual property, which is not immovable property. ✔
(4) No, it is not compulsorily registrable because a settlement agreement is a testamentary instrument.
(5) Yes, it is compulsorily registrable since immovable property also includes intellectual property.

Answer: (3)

The Registration Act compels registration of instruments affecting immovable property; a trade mark is movable property, and its assignment is recorded under the Trade Marks Act.

Evidence / BSA

Q50. Which of the following is least likely to be admitted as evidence in a Court of law in India?

(1) Expert evidence.
(2) Third party evidence. ✔
(3) Documentary evidence.
(4) Secondary evidence.
(5) Oral evidence.

Answer: (2)

Evidence is oral or documentary, primary or secondary, and may include expert opinion; “third party evidence” is not a category known to the Evidence Act.

Evidence / BSA

Q51. Which of the following Statements is most accurate about extra- judicial confessions in India?

(1) Extra-judicial confessions are illegal.
(2) Extra-judicial confessions are inadmissible.
(3) Extra-judicial confessions are admissible only with the accused’s permission.
(4) Extra-judicial confessions are admissible but a weak form of evidence. ✔
(5) Extra- judicial confessions would not ordinarily require any corroboration.

Answer: (4)

An extra-judicial confession is admissible but is a weak piece of evidence that ordinarily needs corroboration.

Evidence / BSA

Q52. Which of the following Statements is most accurate about ‘leading questions’?

(1) A leading question is any question suggesting the answer that the Court expects to receive.
(2) Leading questions are permitted during examination in chief.
(3) Leading questions are permitted during re- examination:
(4) Leading questions are permitted during re-cross- examination. ✔
(5) The permission of the Court is necessary’ to ask leading questions during examination-in-chief, examination, or cross-examination.

Answer: (4)

s. 143 (s. 146 BSA) — leading questions may be asked in cross-examination, which includes re-cross.

Evidence / BSA

Q53. Which of the following Statements most accurate about illegally is most obtained evidence?

(1) Illegally obtained evidence cannot be relied on to convict an accused but can be relied only on to support contentions in civil matters.
(2) Illegally obtained evidence cannot be relied on by any Court.
(3) Illegally obtained evidence can be used against a party charged with an offence. ✔
(4) Illegally obtained evidence can be relied on, only if corroborated by other evidence.
(5) Illegally obtained evidence can be used to establish the mens rea of an accuse but not the actus reus.

Answer: (3)

Relevant evidence is admissible even if illegally obtained (Pooran Mal v. Director of Inspection, 1974).

Evidence / BSA

Q54. A is being tried for the murder of her husband. In her trial, she claims that she committed the murder under grave and sudden provocation. Which of the following Statements is the most accurate application of the relevant law?

(1) A is guilty of murder as this amounts to an admissible confession.
(2) The onus of proving the grave and sudden provocation is on A. ✔
(3) The onus of disproving the grave and sudden provocation is now, on the prosecution.
(4) The onus of proving the grave and provocation is on the sudden prosecution.
(5) The Court will presume that A’s Statement is the truth in the absence of conflicting circumstances.

Answer: (2)

s. 105 (s. 108 BSA) — the accused must prove circumstances bringing the case within an exception such as grave and sudden provocation.

Evidence / BSA

Q55. Ais charged with committing forgery. C, a witness, States in Court that A had committed forgery. Chad earlier Stated in Court that A had not committed forgery. Which of the following
Statements is the most accurate application of the relevant law?

(1) The evidence of C will be admissible. ✔
(2) The evidence of C will be inadmissible and neither party will be able to rely on C’s Statements.
(3) The evidence of C will be inadrnissible, as it does not support the prosecution’s case.
(4) The evidence of C will be admissible, but only after C has been tried for perjury for lying in Court earlier.
(5) The evidence of C will be inadmissible because C has completely contradicted her Statement.

Answer: (1)

A contradiction goes to the weight of C’s evidence, not its admissibility.

Evidence / BSA

Q56. A is accused of forging currency notes, and is convicted by a Court of competent jurisdiction in State B of India and sentenced to the minimum prescribed punishment. Since part of the cause of action also arose in State C of India, a Court of competent jurisdiction in State G seeks to try A on the same facts. Which of the following Statements is the most accurate application of the relevant law?

(1) A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, which would be a relevant fact, and would prevent the Court in State C from conducting a second trial on the same facts. ✔
(2) A cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B, as it is not relevant and would not prevent the Court in State C from conducting a trial.
(3) A cannot produce the judgment of his previous conviction and sentence handed down by the Court in State B because the previous sentence was handed down by Court in State B and was not in force in State C.
(4) A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the High Court of State C permits it.
(5) A can produce the judgment of his previous conviction and sentence handed down by the Court in State B, provided that the Supreme Court of India permits it because the cause of action arose in different States.

Answer: (1)

s. 40 (s. 34 BSA) — a previous judgment is relevant to bar a second trial, and s. 300 CrPC protects A.

Interpretation of Statutes

Q57. Which of the following is not an external aid that may be used to assist in constructing the meaning of a piece of legislation?

(1) Parliamentary debates.
(2) Law Commission reports.
(3) Other statutes.
(4) Decisions of Courts in other jurisdictions.
(5) Proviso to a provision in the statute. ✔

Answer: (5)

A proviso is part of the statute itself — an internal aid. Debates, Law Commission reports, other statutes and foreign decisions are external aids.

Jurisprudence

Q58. Which of the following schools of jurisprudence believes that there is no necessary connection between law and morality but there may be instances where moral considerations may play a role in legal validity?

(1) Natural law.
(2) Inclusive legal positivism. ✔
(3) Exclusive legal positivism.
(4) Inner morality of law.
(5) Sociological school of law.

Answer: (2)

Inclusive (soft) positivism, associated with Hart’s later work, accepts that a legal system may make morality a test of validity.

Jurisprudence

Q59. Which of the following philosophers suggested that society ought to concentrate on reducing all forms of injustice rather than focusing on what ‘justice’ is?

(1) Roscoe Pound.
(2) Amartya Sen. ✔
(3) Ronald Dworkin.
(4) John Rawls.
(5) H.LA. Hart.

Answer: (2)

Amartya Sen, The Idea of Justice (2009), argues for removing manifest injustices rather than designing a perfectly just society.

Interpretation of Statutes

Q60. Which of the following is not a rule of statutory interpretation?

(1) The literal rule
(2) The context rule
(3) The golden rule
(4) The genuine rule ✔
(5) The mischief rule

Answer: (4)

The recognised rules are the literal, golden and mischief rules, and purposive or contextual construction; there is no “genuine rule”.

Constitutional Law

Q61. Charges of corruption are brought against A, the President of India. The President is found to enjoy immunity against those charges. Which of the following Statements is the most accurate application of the relevant law?

(1) There is a presence of disability’ in the office of the President, and hence, A cannot function as President so long as A is relying on ‘immunity’.
(2) There is an absence of ‘disability’ in the office of the President as there is. a presence of ‘immunity’ in the office of the President.
(3) There is an absence of disability’ in the Court of law to try the President of India for an offence of corruption.
(4) There is a presence of ‘disability’ from prosecution in the office of the President of India, and this results in an ‘immunity’ from prosecution for an offence of corruption.
(5) There.is a presence of ‘disability’ in the Court of law to try the President of India for an offence of corruption. ✔

Answer: (5)

Art. 361 — the President’s immunity corresponds to a disability in the courts to proceed against the President during the term of office.

Interpretation of Statutes

Q62. The rule of School A is that students’ pet dogs are not permitted to enter the school’s premises. Student B, who is blind, brings his guide dog C into School A. Which of the following statements is the most accurate application of the context rule?

(1) Since Student B is blind, he would not be able to come to school if he cannot bring his guide dog C; since the rule does not intend to bar blind students from attending school, Student B may bring guide dog C into school. ✔
(2) Since the guide dog C is a pet dog in this context, Student B cannot bring guide dog C into School A.
(3) Since this rule does not make any sense in this context, it is invalid, and Student B can bring guide dog C into School A.
(4) Since Student B is blind, he would not be able to come to school without his guide dog. However, under the context rule, Student B must avoid bringing the guide dog to school as it could hurt other students.
(5) The school must apply the context rule in each individual case, and it is up to the school’s discretion whether to punish guide dog C for violating the rules.

Answer: (1)

Purposive construction — a rule against pet dogs was never meant to exclude a blind student’s guide dog.

Interpretation of Statutes

Q63. A signed a lease agreement with B. The lease document States that A would lease his ‘food- supermarket’ to B. Which of the following Statements is the most accurate application of the principle regarding the meaning of ‘supermarket’ here?

(1) The meaning of ‘supermarket’ is limited by the preceding word to mean a shop that sells food and other fast-moving consumer goods,
(2) The meaning of supermarket’ is enhanced by the preceding word to mean a shop where food is also sold.
(3) The meaning of ‘supermarket’ is limited by the preceding word to mean a shop selling of items of food. ✔
(4) The meaning of ‘supermarket’ automatically includes the selling of items of food as well as various other consumer goods.
(5) The meaning of ‘supermarket’ is supported by the preceding word to mean a shop selling highly nutritious items of food.

Answer: (3)

Noscitur a sociis — “food” narrows “supermarket” to a shop selling food items.

Professional Ethics

Q64. According to the Advocates Act, 1961, who among the following are least likely to be admitted as advocates?

(1) Persons who have been guilty of a traffic offence.
(2) Persons who have been guilty of civil contempt of Court.
(3) Persons who are convicted of an offence under the Untouchability (Offences) Act, 1955. ✔
(4) Persons who have been accused of an attempt to commit suicide.
(5) Persons who have been interrogated by the police in the past.

Answer: (3)

s. 24A Advocates Act bars enrolment of a person convicted under the Untouchability (Offences) Act.

Professional Ethics

Q65. Which of the following Statements is least accurate about the restrictions on employment of advocates?

(1) A practising advocate cannot personally engage in any business.
(2) A practising advocate cannot be the Chairman of a Board of Birectors of a company. ✔
(3) A practising advocate can be the director of a company.
(4) A practising advocate cannot be a full- time salaried employee of any person.
(5) A practising advocate may be a sleeping partner in a firm.

Answer: (2)

BCI Rules (Rule 50) allow an advocate to be a director or chairman of a board, with or without sitting fees, if no executive duties are involved.

Professional Ethics

Q66. Which of the following Statements does not describe a duty of an advocate?

(1) An advocate should not appear in a case in which the advocate believes that she will be a witness.
(2) An advocate shall defend a person accused of a crime, regardless of the advocate’s personal opinion as to the guilt of the accused.
(3) As advocate has a duty to protect any information that the client communicates, even if it is in furtherance of an illegal purpose. ✔
(4) An advocate must not, at any time, foment litigation.
(5) An advocate must act only on the instruction of the client, and no one else.

Answer: (3)

s. 126 Evidence Act (s. 132 BSA) does not protect a communication made in furtherance of an illegal purpose.

Professional Ethics

Q67. Which of the following Statements is least accurate about the specifications regarding an advocate’s sign- board?

(1) It should be of reasonable size.
(2) It may State the advocate’s area of expertise or practice. ✔
(3) It should not State that the advocate has been a judge.
(4) It should not State that the advocate is a member of a bar council.
(5) It should not State that the advocate is associated with any particular organisation.

Answer: (2)

Rule 36 BCI Rules forbids a sign-board from indicating that the advocate specialises in any particular type of work.

Professional Ethics

Q68. A, an advocate, received money on behalf of a client, C. A did not intimate C of the receipt of money, but noted in his accounts that he had received money on behalf of C and set aside the amount as his fees in full. On discovering that A had received the money, C demanded the money. A assures C that once the proceeding is over, C would have had to pay A fees anyway, and that he has already recorded in his accounts that his fees have been paid in full. In light of these facts, which of the following Statements is the most accurate application of the relevant law?

(1) A has clearly fulfilled his duty by recording in the register that he has received C’s money as fees.
(2) A had fulfilled his duty by recording in the register that he has received C’s money as fees, but should have handed over the money to C on his demand.
(3) A erred in setting aside C’s money for fees without written permission. ✔
(4) A is entitled to his fees, and was within his rights to set aside the money as fees, as he noted in his accounts that his fees had been paid in full.
(5) The money was received on behalf of C and was not from C, and A was therefore entitled to set the money aside as fees.

Answer: (3)

BCI Rules forbid an advocate to adjust fees against client’s money held by him without the client’s instructions in writing.

Professional Ethics

Q69. C has engaged an advocate, A. B is C’s mother and she asks A to withdraw the suit filed by C as the litigation is causing public embarrassment to the entire family. What should A do? Principle: An advocate has a duty to act only on the instruction of the client, and no one else.

(1) A should withdraw the suit since the family name is at stake.
(2) B has a fiduciary relationship with C, and A would therefore be obliged to withdraw the suit for the benefit of the C’s family on B’s instructions.
(3) A has a duty to refrain from fomenting litigation, and should therefore withdraw the suit.
(4) A has a professional obligation to act solely on the instructions of the client, C, and should not withdraw the suit on B’s instructions. ✔
(5) A should withdraw the suit as B is C’s mother, and is therefore A’s client as well.

Answer: (4)

An advocate acts only on the instructions of the client or the client’s authorised agent (BCI Rules, Section II).

Professional Ethics

Q70. A is one of five children. A and the other four siblings are all equal heirs to a family property. On account of a quarrel between the siblings, A approaches an advocate, C, who advises them not to approach the Court and to instead settle their dispute amicably. A insists that C take the matter to Court. C is later Sa reprimanded by the Bar Council of the concerned State, for not having insisted on a settlement. Is Cat fault?

(1) Yes, C is at fault as he effectively Se pushed A into litigation by not providing proper advice.
(2) No, C has. fulfilled his duty by advising the client to avoid litigation and by encouraging settlement in the given case. ✔
(3) Yes, C’s duty to refrain from fomenting litigation extends beyond mere advice and he should have avoided litigation at all costs.
(4) Yes, C’s duty to refrain from fomenting litigation overrules his duty to protect his client.
(5) Yes, C is at fault as he did not insist on a settlement and readily agreed to litigation.

Answer: (2)

The duty is to advise against needless litigation; once advised, the client’s informed choice to sue must be respected.

Contract & Property

Q71. Which of the following Statements most accurately describes the relationship between ‘vested interests’ and ‘contingent interests’ with respect to the law governing transfer of property in India?

(1) Contingent interest is a subset of vested interest.
(2) Vested interest is a subset of contingent interest.
(3) A vested interest becomes a contingent interest upon the occurrence of certain contingent events.
(4) A contingent interest becomes a vested interest upon the occurrence of certain contingent events. ✔
(5) A vested interest is the same as a contingent interest.

Answer: (4)

ss. 19 and 21 TPA — a contingent interest becomes vested when the uncertain event happens.

Contract & Property

Q72. Which one of the following is not a form of mortgage recognized by the laws governing Transfer of Property in India?

(1) Equitable mortgage.
(2) Mortgage by conditional sale of goods. ✔
(3) Usufructory mortgage.
(4) English mortgage.
(5) Mortgage by way of deposit of title deeds.

Answer: (2)

s. 58 TPA recognises mortgages of immovable property only; “conditional sale of goods” is not a mortgage.

Contract & Property

Q73. Which one of the following is a permitted transfer of property?

(1) Transfer of the right to civil pension from the Government.
(2) Transfer of easement rights.
(3) Transfer of a right to sue for damages.
(4) Transfer of the right to salary of a public officer.
(5) Transfer of a debt owed to the transferor. ✔

Answer: (5)

s. 6 TPA bars transfer of pensions, salaries, a mere right to sue, and an easement apart from the dominant heritage; a debt is an actionable claim, transferable under s. 130.

Contract & Property

Q74. In which one of the following types of mortgages is ‘foreclosure’ permissible remedy for non-payment of the mortgage-money within the stipulated time?

(1) Simple mortgage.
(2) English mortgage.
(3) Mortgage by way of deposit of title deeds.
(4) Usufructory mortgage.
(5) Mortgage by conditional sale. ✔

Answer: (5)

s. 67 TPA — foreclosure is available to a mortgagee by conditional sale (and under an anomalous mortgage so providing).

Contract & Property

Q75. A gifts the house owned by her to B, her granddaughter, by providing the registered title deeds to the house to B. Two witnesses attested the registered title deeds. Is the gift valid and why?

(1) The gift is valid because the principle above does not apply in this case, as A’s house is a movable property, and only the land on which the house has been built is immovable.
(2) The gift is valid because while the house is an immovable property, the gift by way of delivery of title deeds is an exception to the rule.
(3) The gift is valid because A handed over the immovable property’s registered title-deeds, which were attested by two witnesses, as a gift.
(4) The gift is not valid because the house is an immovable property, and the gift of a house must therefore be registered and attested by witnesses. ✔
(5) The gift is not valid because despite A handing over the registered title deeds to the house, the gift transaction had no witnesses.

Answer: (4)

s. 123 TPA — a gift of immovable property must be made by a registered instrument signed by the donor and attested by two witnesses; handing over title deeds is not enough.

Contract & Property

Q76. A, a Hindu, has separated from his father B. A sells to C three fields: D, E, and F. A represents to C that he is authorised to do so. Of these fields, F does not belong to A. F was retained by B during partition of the family property. Subsequently, B dies and A receives the property as B’s heir: Which of the following
Statements is the most accurate application of the principle set out below?

(1) C, not having rescinded the contract of sale, may require A to deliver F to him. ✔
(2) A can transfer the property to another bona fide transferee without informing C.
(3) The benefit of Section 43 is not available to C, as he was not misled into believing that A had the power to transfer F.
(4) C is a gratuitous transferee in respect of F, and therefore cannot avail the benefit of Section 43.
(5) Since the contract to sell F was void ab initi and has expired, C cannot exercise the right under Section 43.

Answer: (1)

s. 43 TPA — feeding the grant by estoppel: when A later acquires F, C may, at his option, take it under the earlier transfer.

Contract & Property

Q77. A, a married Hindu lady, transfers some of her immovable property to B to be held in trust for the benefit of her son C, until A’s unborn daughter attains majority. However, the trust deed stipulates that if her unborn daughter marries outside the religion, the immovable property is to revert in favour of the trust and be transferred to C. Which of the following Statements is the most accurate application of the relevant law regarding the transfer to the unborn daughter?

(1) The transfer is invalid as A has transferred the immovable property to a trust, and thus there has been no preceding transfer to a living person.
(2) The transfer is invalid because it is conditional on whether A’s unborn daughter marries within the religion, and this is not a transfer of the whole of residual interest in the property. ✔
(3) The transfer is valid.
(4) The transfer is invalid because A has transferred the property to C and then her unborn daughter through the same trust deed.
(5) The transfer is invalid because the transfer to her unborn daughter is conditional upon her attaining majority, and this is not a transfer of the whole of residual interest in the property.

Answer: (2)

s. 13 TPA — an interest for an unborn person must extend to the whole of the remaining interest; one defeasible on her marriage outside the religion does not.

Administrative Law

Q78. The police catch B in the act of theft. They detain him under a State legislation that grants them the power of preventive detention to detain people who are a threat to internal security. B challenges the actions of the police in detaining him. Which of the following sentences most accurately applies the relevant law?

(1) This is a colourable exercise of power because the police have already prevented the theft.
(2) This is a colourable exercise of power because the police are using their power of preventive detention unreasonably to detain B when they ought to prosecute B for theft. ✔
(3) This is not a colourable exercise of power because the State legislation granted the police the power of preventive detention.
(4) This is not a colourable exercise of power because the police is preventing B from committing more thefts, which are a threat to internal security.
(5) This is not a colourable exercise of power because the police are authorised by law to detain people.

Answer: (2)

Using preventive-detention powers meant for threats to internal security against an ordinary thief is a colourable exercise of power.

Taxation

Q79. A is a brokerage firm that helps businesses buy and sell real estate. They receive Rs. 25,00,000/- as commissions from their clients. They also receive Rs. 75,00,000/- from sale of their office. Which of the following Statements is the most accurate application of the relevant law?

(1) The monies from the commission are capital receipts and the money from the sale of A’s office is a revenue receipt.
(2) The monies from the commissions are revenue receipts and the money from the sale of A’s office is a capital receipt. ✔
(3) The monies from the commissions as well as the money from the sale of A’s office are revenue receipts.
(4) The monies from the commissions as well as the money from the sale of A’s office are capital receipts.
(5) The monies from the commissions are revenue receipts, but the money from the sale of A’s office is neither a capital receipt nor a revenue receipt.

Answer: (2)

Commission earned in the course of business is a revenue receipt; sale proceeds of the office, a capital asset, are a capital receipt.

Public International Law

Q80. Countries A and B agree to a practice whereby no craft can enter their harbours at night time without seeking permission twenty- four hours in advance from the harbour master. Ships from all around the world abide by this rule when visiting Countries A and B for a number of years. Although it sends no ships to Countries A or B, newly created country C objects to this practice. Country D also objects, although all ships of Country D have abided by the rule over the years. Which of the following
Statement most accurately reflects the likely status of this practice?

(1) It is an emerging rule of custom for all countries, because ships from all over the world are abiding by the practice.
(2) Both Country C and Country D are exempt from this rule of custom because of their consistent objection.
(3) Only Country C is exempt from this rule of custom because- of its objection.
(4) Countries C and D’s objections will prevent the new practice from becoming a rule of custom.
(5) Since this practice is only taking place in the harbours of two countries, it is not an emerging rule of custom. ✔

Answer: (5)

A general custom needs widespread, representative State practice with opinio juris; a practice in the harbours of two States is at most a local arrangement.

Constitutional Law

Q81. X, was denied a job in a government department on account of being HIV positive, despite possessing the necessary qualifications for the post. X filed a petition challenging the denial, of the job. The petitioner argued that the said denial was arbitrary, unreasonable, and infringes X’s right under Articles 14 and 21 of the Constitution of India: In light of these facts, which of the following Statements is the most accurate application of the relevant law?

(1) X’s petition will fail because X’s HIV positive status would be a threat to public health.
(2) X’s petition will succeed because X has the necessary qualifications.
(3) X’s petition will fail because X’s right to livelihood is not an absolute right.
(4) X’s petition will succeed because no person can be deprived of the right to livelihood merely on the grounds of being HIV positive. ✔
(5) X’s petition will fail because X was denied a job according to procedure established by law, and this is an exception to the right to livelihood.

Answer: (4)

MX of Bombay v. M/s ZY (1997) — denial of employment solely on HIV status violates Arts. 14 and 21; now also barred by the HIV and AIDS Act, 2017.

Company Law & NI Act

Q82. A is an executive director and the majority shareholder of XYZ Private Limited. A borrows Rs. 25,00,000/- from BCD Bank and invests such money in additional shares of XYZ Private Limited, increasing A’s stake in XYZ Private Limited to approximately seventy-five per cent. As A is unable to repay the debt to BCD Bank, BCD Bank proceeds against the assets of A and XYZ Private Limited for recovery of the monies borrowed by A. Which of the following Statements most accurately applies the relevant law?

(1) BCD Bank will be successful in its proceeding against XYZ Private Limited because such money borrowed by A was utilized for the benefit of XYZ Private Limited.
(2) BCD Bank will not be successful in its proceeding against XYZ Private Limited as XYZ Private Limited has not directly borrowed any money from BCD Bank. ✔
(3) BCD Bank will be successful in its proceeding against XYZ Private Limited because the corporate veil will be lifted by the judiciary, as A is an executive director on the board of XYZ Private Limited.
(4) BCD Bank will be successful in its proceeding against XYZ Private Limited because the corporate veil will be lifted by the judiciary, but it can only recover monies equivalent to A’s seventy-five per cent shareholding.
(5) BCD Bank will not be successful in its proceeding against XYZ Private Limited as A does not hold a hundred per cent stake in XYZ Private Limited.

Answer: (2)

Salomon’s principle — the company is a separate person and is not liable for its shareholder’s personal borrowings.

Public International Law

Q83. A citizen of Country A is accused of killing a citizen of Country B on a ship that is registered in Country A and flying the flag of Country A while it is in international waters. Which of the followings Statements most accurately applies the relevant law?

(1) Either Country A or Country B could prosecute the man.
(2) Laws of Country A apply to the accused. ✔
(3) Any country can prosecute the accused because the ship was in international waters.
(4) Country B should prosecute the accused because a citizen of Country B was killed in international waters.
(5) No national laws apply to the situation because the ship was in international.

Answer: (2)

A ship on the high seas is subject to the jurisdiction of the flag State.

Administrative Law

Q84. In a challenge to adjudication of disqualification of a member of a legislature, bias was alleged against the Chief Election Commissioner on the ground that the complainant was a friend of the Chief Election Commissioner. The Supreme Court held that as there was a suspicion of bias, the Chief Election Commissioner should excuse himself from participating in the decision and let the other two Election Commissioners decide the point. However, there is a difference of opinion between the two Election Commissioners and they are unable to decide the matter. Can the Chief Election Commissioner participate in the adjudication to resolve the deadlock?

(1) The Chief Election Commissioner cannot participate in the adjudication, as the Supreme Court has already ordered that the Chief Election Commissioner step aside from the adjudication.
(2) The Chief Election Commissioner cannot participate in the adjudication, as personal bias has already disqualified the Chief Election Commissioner.
(3) The Chief Election Commissioner cannot participate in the adjudication, as the Chief Election Commissioner will now be even more biased towards the complainant.
(4) The Chief Election Commissioner can participate in the adjudication as no other person competent to adjudicate and resolve the deadlock is available. ✔
(5) The Chief Election Commissioner can participate in the adjudication as the required quorum cannot be formed in this iinstance.

Answer: (4)

Doctrine of necessity — a disqualified adjudicator may act where no one else can decide (Election Commission v. Subramanian Swamy, 1996).

Public International Law

Q85. C, who is a suspected of committing genocide in the war in Country A in 1993 is found to be living in Country B in 2007. The international community is almost wholly of the opinion that C should be tried in relation to the allegations. Which of the following Statements least accurately applies the relevant law?

(1) C may be extradited to Country A to face trial.
(2) C may only be tried in the International Criminal Court. ✔
(3) C may be tried in Australia.
(4) C may be tried in any country in the world.
(5) C may be tried in Country A or Country B.

Answer: (2)

Genocide attracts universal jurisdiction; national courts as well as an international tribunal may try it.

Constitutional Law

Q86. A was arrested and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order prevented A from meeting A’s lawyer more than once month. A filed a petition challenging the constitutional validity of the detention order, which restricted A from meeting A’s lawyer. In light of these facts, which of the following
Statements is the most accurate application of the relevant law?

(1) A will succeed because the detention order violates Article 22 of the Constitution of India, as it restricts the right of the accused to consult a lawyer of choice. ✔
(2) A will not succeed because the restriction stipulating that A can meet a lawyer once a month is a reasonable restriction.
(3) A will succeed because A has the right to meet anyone A wants to.
(4) A will not succeed because A is a detainee and has no fundamental rights.
(5) A will not succeed because the order of detention is in valid exercise of authority.

Answer: (1)

A detenu’s right to consult a lawyer cannot be unreasonably curtailed (Francis Coralie Mullin v. Administrator, Delhi, 1981).

Note: The Supreme Court located this right in Art. 21; Art. 22(1) itself does not apply to preventive detention (Art. 22(3)).

Public International Law

Q87. Country A signs an international treaty, whose primary objective is to ensure that its member- countries do not conduct any nuclear tests. Country A does provide a reservation that it be allowed to conduct nuclear tests in its own territory, even though its current policy is to not conduct any nuclear tests. Which of the following Statements most accurately applies the relevant law?

(1) Country A won’t be regarded as a party to the treaty because the reservation is not compatible with the object of the treaty. ✔
(2) Country A will be regarded as a party to the, treaty because the treaty’s objective is at least partly fulfilled.
(3) Country A will be regarded as a party to the treaty, provided it doesn’t actually conduct any tests.
(4) Country A will be regarded as a party to the treaty when it passes a domestic law in line with its policy that it conduct no tests.
(5) Country A won’t be regarded as a party if it conducts any nuclear tests.

Answer: (1)

A reservation incompatible with the object and purpose of a treaty is impermissible (Vienna Convention, Art. 19(c)).

Company Law & NI Act

Q88. The articles of association of ABC Private Limited provide that its members shall transfer shares to a third party only after first having offered such shares to the other existing members, on a pro rata basis, at the existing market value of such shares. D, a member of ABC Private Limited, gets an offer from E, who is not an existing member of ABC Private Limited, to purchase all the shares held by Din ABC Private Limited for two. times the market value of the shares. D transfers the shares to E on the terms offered by E. The board of directors of ABC Private Limited refuses to record the transfer of shares on the grounds that the transfer’ is ultra vires the articles of association of ABC Private Limited. E goes to Court against ABC Private Limited to enforce and record the transfer of the shares. Which of the following
Statements most accurately applies the relevant law?

(1) The transfer of shares shall be upheld because E paid more than the fair market value of the shares, and is therefore exempt from the requirement of the articles of association.
(2) The transfer of shares shall be upheld because D should have secured the approval of the board of directors of ABC Private Limited prior to transferring the shares to E, and therefore E is not at fault.
(3) The transfer of shares shall not be validated as the principle of caveat venditor’ (seller beware) is applicable in all contracts of purchase in India
(4) The transfer of shares shall be upheld because ABC Private Limited will be deemed to have had constructive notice of the sale of shares.
(5) The transfer of share shall not be validated, as E had constructive notice that D needed to offer the shares to the existing members of ABC Private Limited prior to transferring the shares to E. ✔

Answer: (5)

Articles are public documents; E had constructive notice of the pre-emption clause and cannot enforce a transfer made in breach of it.

Family Law

Q89. A, a Muslim man, and B, a Muslim woman, are in a relationship; A and B have a child, C, out of wedlock. Later, A dies intestate. Which of the following options is the most accurate application of the principle set out below?

(1) C can inherit from both A and B, as C was born out of wedlock.
(2) C can inherit from neither A nor B, as C was born out of wedlock.
(3) C can inherit from B through A.
(4) C can inherit from A through B.
(5) C cannot inherit from A. ✔

Answer: (5)

Under Hanafi law an illegitimate child inherits only from the mother and her relations, not from the father.

Taxation

Q90. Company A is expanding its business and leases a piece of land for three years, and agrees to return the land without any modifications to the lessor. Since the land is ideal for agriculture, it constructs a large storage shed on the land. Which of the following Statements most accurately applies the relevant law?

(1) The expenditure on building the storage shed is a capital expenditure, since the storage shed provides Company A with an enduring benefit.
(2) The expenditure on leasing the land is a M capital expenditure, since the land to provides Company A with an enduring benefit.
(3) The expenditure on leasing the land as well as building the storage shed is a capital expenditure, as it provides Company A with an enduring benefit.
(4) The expenditure on building the storage shed is not a capital expenditure, as it only provides a business advantage and not an enduring benefit. ✔
(5) The expenditure on building the storage shed is a capital expenditure, since it provides Company A with an enduring benefit, but the expenditure on leasing the land is not a capital expenditure, as it only provides a business advantage.

Answer: (4)

A shed that must be removed when the land is returned gives no enduring benefit, so it is revenue, not capital, expenditure.

Taxation

Q91. A, a non-resident Indian, buys land in Chennai for Rupees Ten lakhs. After two months, A sells it for Rupees Fifteen lakhs. However, A gets only Rupees Twelve lakhs from the buyer of the land. Which of the following Statements most accurately applied the relevant law?

(1) A’s income from the sale of the land is not taxable, as A is not resident in India.
(2) A’s total income from the sale of the land is taxable, as Rupees Fifteen lakhs has accrued to A at the time of the sale. ✔
(3) A can be taxed on Rupees Twelve lakhs received from sale of the land as it was received in India, but not on the Rupees Three lakhs as A is yet to receive that amount.
(4) A can be taxed on Rupees Twelve lakhs received from the sale of the land, as A has purchased land and is now a resident of India, but not on the Rupees Three lakhs as A is yet to receive that amount.
(5) A’s income from the sale of the land is not taxable, as no debt has been created in A’s favour, and hence, no income has accrued to A.

Answer: (2)

Income accruing or arising in India is taxable even in a non-resident’s hands; the full sale consideration accrued on transfer.

Company Law & NI Act

Q92. In a meeting of the board of directors of ABC Private Limited, it was proposed that DEF Art Supplies Private Limited shall be its sole supplier of all art material. This resolution was passed by all directors unanimously. It was later revealed that G, a director of ABC Private Limited, had not revealed that G is also the majority shareholder and chief executive officer of DEF Art Supplies Private Limited. The resolution was sought to be set aside. Which of the following Statements most accurately applies the relevant law?

(1) The resolution shall not be set aside as DEF Art Supplies is a separate legal entity from its shareholders and directors, and therefore it cannot be penalized for an act done by G
(2) The resolution shall not be set aside, as G’s failure to declare an interest in DEF Art Supplied Private Limited is not culpable.
(3) The resolution shall be set aside as G did not exhibit the duty of care and diligence as required by a director of the company.
(4) The resolution shall be set aside as G is the majority shareholder and chief executive officer of DEF Art Supplies Private Limited, and was required to declare the same to the board of ABC Private Limited prior to the resolution being put to vote, and refrain from voting on that particular resolution. ✔
(5) The resolution shall not be set aside, as the resolution was passed unanimously and would have been passed so even if G had informed the board of G’s interest in DEF Art Supplies Private Limited.

Answer: (4)

s. 184 Companies Act, 2013 — a director must disclose his interest in a contract and must not vote on it.

Labour Law

Q93. A is an accountant at a law college and draws a salary. A is also on the board of governors of the college as a representative of nonteaching staff, and votes on any administrative decisions that come up before the board of governors. Which of the following
Statements most accurately applies the relevant law?

(1) A is a workman as he clearly does work of a supervisory nature as a member of the board of governors.
(2) A is a workman as his primary duties as an accountant are clerical in nature and he works for hire. ✔
(3) A is not a workman as he is a salaried employee and does not work for hire or reward.
(4) A is not a workman as he is a member of the board of governors and the nature of his work is managerial.
(5) A is a workman as his work as an accountant is clerical and his work as a member of the board of governors is supervisory.

Answer: (2)

s. 2(s) ID Act — an accountant doing clerical work for hire is a workman.

Labour Law · Law changed

Q94. A is a workman who works at a welding workshop in a factory. A has a history of previous eye disorders. Despite being aware of the same, A continues to work at the welding, workshop. The very nature of work caused further strain on A’s eyes and resulted in a permanent injury to A’s eyes one day. Is A entitled to compensation and why?

(1) A is entitled to compensation from A’s employer because A suffered an injury in the course of employment and the question of A’s negligence is not relevant. ✔
(2) A is entitled to compensation from A’s employer but the quantum of compensation will be nominal due to A’s contributory negligence.
(3) A is not entitled to compensation from A’s employer because A suffering an injury to the eyes was perfectly expected due to A’s previous eye disorders.
(4) A is not entitled to compensation from A’s employer because A suffered the injury to the eyes due to previous eye disorders and not because of A’s employment.
(5) A is not entitled to compensation from A’s employer because A did not bring the previous eye disorders to the employer’s notice, who could have then given him non- hazardous work.

Answer: (1)

Compensation is payable for injury by accident arising out of and in the course of employment; the workman’s negligence is irrelevant.

Law now: The Employees’ Compensation Act, 1923 is now subsumed in the Code on Social Security, 2020, in force from 21 November 2025.

Torts, MV & Consumer

Q95. B employs A to be the conductor of a bus owned by B. One day, A drives the bus negligently and injures several people on the road. Which of the following Statements most accurately applies the relevant law?

(1) B is liable for A’s negligence, and is liable to pay compensation to the victims.
(2) A and B are both liable for A’s negligence.
(3) Only A is liable for A’s negligence, as B did not dictate how A’s work was to be done.
(4) B is not liable for A’s negligence, as A was not in the course of employment when he was driving the bus. ✔
(5) A is liable for A’s negligence, but B is liable for negligence is hiring A.

Answer: (4)

Driving the bus was outside a conductor’s employment, so the owner is not vicariously liable (Beard v. London General Omnibus Co.).

Torts, MV & Consumer

Q96. A incites B to falsely imprison C. The Court holds that A and B are jointly liable for the tort and awards C a compensation of Rs. 50,000/-. The Court rules further that A is liable for forty per cent of the compensation amount, and B is liable for sixty per cent of the compensation amount. A refuses to pay the compensation, while B pays CRs. 20,000/- Which of the following Statements least accurately applies the applies the relevant law?

(1) C can claim Rs. 30,000/- from A.
(2) C can claim Rs. 20,000/- from A and Rs.10,000/- more from B.
(3) C can claim Rs.30,000/- more from B.
(4) C can claim Rs.50,000/- from A. ✔
(5) C can claim Rs. 30,000/- more from A or B.

Answer: (4)

Joint tortfeasors are each liable for the whole, but C cannot recover more than Rs. 50,000 in all; Rs. 20,000 has been paid, so only Rs. 30,000 remains.

Environmental Law · Key corrected

Q97. In the course of its regular operation, Company A was releasing untreated effluents into a nearby river, thereby harming the wildlife in and around the river. A concerned citizen informed the relevant State Board of this polluting activity. The State Board immediately issued directions to discontinue the supply of electricity to Company A. In light of these facts, which of the following options is the most accurate?

(1) The State Board was acting within its powers to issue directions under Section 32 since there was harm being caused to the wildlife.
(2) The State Board was acting within its powers to issue directions under Section 33A disconnection of electricity is specifically provided under that of provision ✔
(3) The State Board was not acting within its powers either under Section 32 or Section 33 A, as neither was there any unforeseen event or accident nor was there a persistent defiance by Company A.
(4) The State Board has not adequately utilised its powers under Section 33A, since it could have issued orders for the closure of Company A, which would have been much more effective in stopping the pollution.
(5) The State Board did not have the power to issue orders either ‘under Section 32 or Section 33 A, since the information about Company A was provided to them by a concerned citizen who was not directly aggrieved by the pollution in question.

Answer: (2)

s. 33A Water Act expressly empowers the Board to direct stoppage of the supply of electricity, water or any other service.

Note: The published key gives (3), which depended on a paraphrase of the section in the original paper; on the statute itself, (2) is correct.

Administrative Law

Q98. A statute empowers a subordinate authority to regulate the activities of tobacco industries and levy taxes on them. The statute permits the authority to give retrospective effect to its regulatory notifications under the statute. The authority issues a regulatory notification levying a developmental tax on leather industries retrospectively. Which of the following Statements most accurately applies the relevant law?

(1) The notification is valid, as the power to levy taxes is sourced directly from a statute.
(2) The notification is valid, as the enactment clearly and specifically provides for retrospective application of all notifications under the enactment.
(3) The notification is ultra vires, as the statute did not clearly and specifically provide that the authority may impose a developmental tax.
(4) The notification is ultra vires, as the enactment does not clearly and specifically provide for retrospective levy of taxes. ✔
(5) The notification is ultra vires as the authority did not adhere to principles of natural justice, namely the right of hearing, before deciding to impose a tax.

Answer: (4)

Delegated legislation cannot levy a tax retrospectively unless the parent Act clearly authorises it.

Taxation

Q99. A owns a house in City B. The house used to fetch a rent of Rs. 15,000/- every month but it has been vacant for over two years. A is now unemployed and stays with family in City C and has been residing there for the past three years. Which of the following
Statements most accurately applies the relevant law?

(1) Since A’s house in City B is vacant, the annual value of it is zero.
(2) Since A’s house in City B used to be let out for Rs. 15,000/-, the annual value of it may reasonably be expected to be around Rs. ✔
(3) Since A is residing in City C for over three years, the annual value of the house may be considered to be zero.
(4) Since A is purposefully letting the house in City B be vacant, the annual value of the house must be considered. to be zero.
(5) Since A is unemployed and residing in another city, the annual value of the house must be considered to be zero.

Answer: (2)

Annual value is the sum the property might reasonably be expected to fetch if let from year to year.

Environmental Law

Q100. A tribal hunter, A, enters into a national park and uses a bow and arrow to shoot and kill a leopard. A then skins the leopard and sells the skin to B, another tribal hunter. B goes to the city and sells the skin to C, who is an avid collector of rare animal skins. In light of these facts, which of the following Statements most accurately applies the relevant law?

(1) A, B, and C are all likely to have violated the law for the hunting of a scheduled species, for trade in derivatives of a scheduled species, and for possession of derivatives of a scheduled species, respectively. ✔
(2) C is likely to have violated the law for possession of wildlife derivatives. However, both A and B are likely to be exempt from the law since they are members of a tribe that depends on the forest for their livelihood.
(3) A is likely to be have violated the law since hunting of scheduled species is prohibited. However, both B and C are likely to be exempt from the law since they were only dealing with the skin, and were not directly or indirectly involved with the killing of the leopard.
(4) Both A and B are likely to have violated the law for having hunted a scheduled species, and for trading a derivative of a scheduled species, respectively. However, C is likely to be exempt from the law since C is only involved with collection of rare skins.
(5) Both A and C are likely to have violated the law for having hunted a scheduled species and for being in possession of a derivative of a scheduled species. However, B is likely to be exempt from the law since B was neither involved with hunting the species nor was he found in possession of the derivative, and was merely acting within the scope of his fundamental right to carry out any trade.

Answer: (1)

Wildlife (Protection) Act — hunting, trading and possessing a derivative of a scheduled animal are each offences; the tribal exemption does not extend to hunting in a national park.

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