AIBE 5 (V) 2013 Question Paper with Answers and Explanations: All 100 Questions Solved

Read this first

• 5 published keys were corrected: where the law points to a different option, the correct answer is shown and the note says what the circulated key gave.
• 7 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).

Evidence / BSA

Q1. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?

• (1) Secs. 49 & 50
• (2) Secs. 23 & 24
• (3) Secs. 45 & 46 ✔
• (4) Secs. 81 & 82

Answer: (3)

ss. 45-46 (ss. 39-40 BSA) — opinions of experts and facts bearing on them.

CrPC / BNSS

Q2. What persons may be charged jointly and tried together under Section 223 of CrPC.

• (1) persons accused of the same offence committed in the course of the same transaction
• (2) persons accused of an offence and persons accused of abetment of or attempt to commit such offence
• (3) persons accused of different offences committed in the course of the same transaction
• (4) all the above ✔

Answer: (4)

s. 223 CrPC (s. 246 BNSS) permits joint trial in each of these situations.

CrPC / BNSS

Q3. Compensation to Victims of Crime under Criminal Law relates to

• (1) Section 336
• (2) Section 331
• (3) Section 335
• (4) Section 357 ✔

Answer: (4)

s. 357 CrPC (s. 395 BNSS) — order to pay compensation to the victim.

Limitation Act

Q4. Section 5 of the Limitation Act, 1963 enables the Court to condone delay in filling…….. on sufficient satisfaction of sufficient cause.

• (1) appeal or application ✔
• (2) appeal, suit and application
• (3) appeal, petition and counter petition
• (4) appeal, petition, suit and counter petition.

Answer: (1)

s. 5 Limitation Act allows condonation of delay for appeals and applications, never for suits.

Code of Civil Procedure

Q5. The provision under CPC that relates to suit by indigent persons-

• (1) Order 32
• (2) Order 34
• (3) Order 35
• (4) Order 33 ✔

Answer: (4)

Order 33 CPC — suits by indigent persons.

Code of Civil Procedure

Q6. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as-

• (1) Question Petition
• (2) Question pamphlet
• (3) Interrogatories ✔
• (4) Discovery

Answer: (3)

Order 11 CPC — interrogatories are written questions delivered to the opposite party.

Limitation Act

Q7. Limitation period prescribed in filling a suit by a mortgagor to recover possession of immovable property mortgaged

• (1) 20 years
• (2) 12 years
• (3) 10 years
• (4) 30 years ✔

Answer: (4)

Article 61(a) — a mortgagor’s suit to redeem or recover possession of mortgaged immovable property: 30 years.

Code of Civil Procedure

Q8. Who decides as to which of the several modes he/she will execute the decree

• (1) Plaintiff
• (2) Court
• (3) Judgement debtor
• (4) Decree holder ✔

Answer: (4)

The decree-holder chooses the mode of execution in the application under O. 21 R. 11.

Labour Law · Key corrected

Q9. A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947: This was upheld in which case

• (1) Miss A. Sundarambal vs. Government of Goa, Daman and Diu & others ✔
• (2) Ahmedabad Pvt. Primary Teachers’ Association vs. Administrative Officer And Ors.
• (3) University of Delhi vs. Ramnath
• (4) Secretary, Madras Gym, khana Club Employees Union vs. Management of the Gymkhana.

Answer: (1)

Miss A. Sundarambal v. Govt. of Goa (1988) — a teacher is not a workman under s. 2(s) ID Act.

Note: The published key gives (3).

Family Law

Q10. Section 9 of the Hindu Marriage Act, 1955 deals with

• (1) Restitution of Conjugal Rights ✔
• (2) Void Marriages
• (3) Judicial Separation
• (4) Grounds of Divorce

Answer: (1)

s. 9 HMA — restitution of conjugal rights.

Constitutional Law

Q11. Original Jurisdiction of the Supreme Court is dealt under-

• (1) Article 226
• (2) Article 130
• (3) Article 131 ✔
• (4) Article 124

Answer: (3)

Art. 131 — original jurisdiction of the Supreme Court in disputes between the Union and the States.

Labour Law

Q12. The principal regulator envisaged under the Trade Unions Act, 1926-

• (1) Regulator of trade unions
• (2) Inspector of trade unions
• (3) Registrar of trade unions ✔
• (4) Industrial relations committee

Answer: (3)

The Registrar of Trade Unions administers registration under the 1926 Act.

Code of Civil Procedure

Q13. A person appointed by the Court to protect, preserve and manage the property during the pendency of the litigation

• (1) Amicus curiae
• (2) Preserver
• (3) Protector
• (4) Receiver ✔

Answer: (4)

Order 40 CPC — a receiver protects and manages property in dispute.

Code of Civil Procedure

Q14. ………… is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

• (1) Joint suit
• (2) Representative suit ✔
• (3) Collusive suit
• (4) Collective suit.

Answer: (2)

Order 1 Rule 8 CPC — representative suit.

Contract & Property

Q15. Under Section 41 of the Specific Relief Act, an injunction cannot be granted

• (1) to restrain in any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which the injunction is sought
• (2) to restrain any person from applying to any legislative, body
• (3) to restrain any person from instituting or prosecuting any proceeding in a criminal matter
• (4) all of the above ✔

Answer: (4)

s. 41 SRA bars an injunction in each of these cases.

IPC / BNS

Q16. Obstructing Public Servant in discharge of his public functions is a

• (1) non-bailable offence
• (2) bailable offence ✔
• (3) civil wrong
• (4) none of the above

Answer: (2)

s. 186 IPC (s. 221 BNS) — obstructing a public servant is bailable and non-cognizable.

Contract & Property

Q17. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per

• (1) Section 12
• (2) Section 11 (2) ✔
• (3) Section 12 (2)
• (4) Section 13.

Answer: (2)

s. 11(2) SRA — a contract by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

Labour Law

Q18. The type of disablement envisaged under the Employees Compensation Act that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to a-

• (1) Permanent partial disablement ✔
• (2) Permanent total disablement
• (3) Temporary disablement
• (4) Temporary total disablement

Answer: (1)

Permanent partial disablement reduces earning capacity in every employment the worker could take up at the time.

Constitutional Law

Q19. It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of…………. and this has been overruled in the case of………

• (1) In re: Berubari Union; Keshavananda Bharathi vs. State of Kerala ✔
• (2) A. K. Gopalan vs. State of Madras; Maneka Gandhi vs. Union of India
• (3) Ajay Hasia vs. Khalid Mujib; Som Prakash vs. Union of India
• (4) I.C. Golaknath vs. State of Punjab; Shankar Prasad vs. Union of India

Answer: (1)

In re Berubari (1960) said the Preamble was not part of the Constitution; Kesavananda Bharati (1973) overruled that.

Constitutional Law

Q20. The Supreme Court in Selvi & Ors. vs. State of Karnataka held that compulsory brain-mapping and polygraph tests and NARCO analysis were in violation of the following Articles of the Constitution.

• (1) Articles 23 and 24
• (2) Articles 15 and 16
• (3) Articles 29 and 30
• (4) Articles 20 and 21 ✔

Answer: (4)

Selvi v. State of Karnataka (2010) — involuntary narco, polygraph and brain-mapping tests violate Arts. 20(3) and 21.

Constitutional Law

Q21. Laws declared by the Supreme Court shall be binding on all Courts – mentioned under

• (1) Article 142
• (2) Article 143
• (3) Article 136
• (4) Article 141 ✔

Answer: (4)

Art. 141 — law declared by the Supreme Court binds all courts in India.

Contract & Property

Q22. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition?

• (1) Section 4 ✔
• (2) Section 5
• (3) Section 7
• (4) Section 10

Answer: (1)

s. 4 SRA — specific relief only to enforce individual civil rights, not penal laws.

Constitutional Law

Q23. Justice Ramanandan Committee relates to-

• (1) Union State relations
• (2) Creamy layer ✔
• (3) Finance Commission
• (4) Elections

Answer: (2)

The Justice Ram Nandan Prasad Committee (1993) identified the “creamy layer” after Indra Sawhney.

Constitutional Law

Q24. Equal pay for Equal work – can be enforced through

• (1) Article 39
• (2) Articles 14 and 16 ✔
• (3) Article 311
• (4) Article 309

Answer: (2)

Equal pay for equal work (Art. 39(d)) is enforced through Arts. 14 and 16 (Randhir Singh v. Union of India, 1982).

Constitutional Law

Q25. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws mentioned under

• (1) Article 352
• (2) Article 256 ✔
• (3) Article 254
• (4) Article 301

Answer: (2)

Art. 256 — obligation of the States to comply with Union laws.

Company Law & NI Act · Law changed

Q26. Under Section 171 of the Companies Act, a general meeting of a company may be called by giving a notice in writing for not less than

• (1) 21 days ✔
• (2) 30 days
• (3) 40 days
• (4) 14 days

Answer: (1)

s. 171 of the 1956 Act required 21 days’ notice of a general meeting.

Law now: Now s. 101 Companies Act, 2013 — 21 clear days.

Jurisprudence

Q27. According to the theory of ‘social utilitarianism’ as propounded by Ihering-

• (1) greatest number of people should get greatest pleasure
• (2) the essential body of legal rules is always based upon the social “facts” of law
• (3) a balance is to be struck between the competing interests in society
• (4) law is a means to social ends ✔

Answer: (4)

Ihering saw law as a means to social ends, reconciling individual and social interests.

Family Law

Q28. Mubara’at under Muslim law refers to

• (1) Divorce at the instance of Wife
• (2) Cruelty
• (3) lla
• (4) Dissolution of marriage with mutual consent ✔

Answer: (4)

Mubarat is dissolution by mutual consent, the aversion being mutual.

Family Law

Q29. The discriminatory aspects of Section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the

• (1) Indian Divorce (Amendment) Act, 2001 ✔
• (2) Indian Divorce (Amendment) Act, 2002
• (3) Indian Divorce (Amendment) Act, 2006
• (4) Indian Divorce (Amendment) Act, 2012

Answer: (1)

The Indian Divorce (Amendment) Act, 2001 substituted s. 10, removing the discrimination against wives.

Company Law & NI Act · Law changed

Q30. Amalgamation of Companies in National Interest is dealt under

• (1) Section 388 of the Companies Act
• (2) Section 378 of the Companies Act
• (3) Section 396 of the Companies Act ✔
• (4) Section 390 of the Companies Act

Answer: (3)

s. 396 of the 1956 Act — amalgamation in the national interest.

Law now: Now s. 237 Companies Act, 2013.

Torts, MV & Consumer · Law changed

Q31. Under Consumer Protection Act, the jurisdiction of the District Forum should not exceed rupees

• (1) Fifty Thousands
• (2) One Lakh
• (3) Twenty Five Thousands
• (4) Twenty lakhs ✔

Answer: (4)

Under the 1986 Act (as amended in 2002), the District Forum’s limit was Rs. 20 lakh.

Law now: Under the Consumer Protection Act, 2019 and the 2021 Rules, the District Commission’s limit is Rs. 50 lakh.

Company Law & NI Act · Law changed

Q32. A private limited company limits the number of members to

• (1) 30
• (2) 50 ✔
• (3) 40
• (4) 150

Answer: (2)

The 1956 Act capped a private company at 50 members.

Law now: The Companies Act, 2013 (s. 2(68)) raised the cap to 200.

Administrative Law

Q33. The Second principle of Rule of Law (of A.V. Dicey) relates to

• (1) Equal protection of the laws
• (2) Equality before law ✔
• (3) Dignity of the individual
• (4) Administrative Courts

Answer: (2)

Dicey’s second limb is equality before the law — everyone subject to the ordinary law and courts.

Torts, MV & Consumer · Key corrected

Q34. Consumer Protection Act was brought into operation in the year

• (1) 1987 ✔
• (2) 1986
• (3) 1985
• (4) 1984

Answer: (1)

Enacted in December 1986, the Consumer Protection Act was brought into force on 15 April 1987.

Note: The published key gives (2), the year of enactment.

Constitutional Law

Q35. A seven-member bench of the Supreme Court unanimously struck down Clause 2(d) of Article 323-A and Clause 3 (d) of Article 323-B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the Constitution. Name the case

• (1) L. Chandra Kumar vs. Union of India ✔
• (2) Kihota Hollohon vs. Zachilhu
• (3) Nagaraj vs. State of A. P.
• (4) Rajendra Singh Rana vs. Swami Prasad Maurya

Answer: (1)

L. Chandra Kumar v. Union of India (1997) — judicial review under Arts. 226 and 32 is part of the basic structure.

Evidence / BSA

Q36. The contents of documents may be proved either by “-

• (1) Primary evidence or by secondary evidence ✔
• (2) Direct evidence or circumstantial evidence
• (3) Primary evidence or documentary evidence
• (4) Primary evidence or direct evidence

Answer: (1)

s. 61 (s. 56 BSA) — contents of documents may be proved by primary or secondary evidence.

Evidence / BSA

Q37. Oral accounts of the contents of a document given by some person who has himself if seen it is

• (1) Direct evidence
• (2) Best evidence
• (3) Circumstantial evidence
• (4) Secondary evidence ✔

Answer: (4)

s. 63(5) — an oral account of a document’s contents by someone who has seen it is secondary evidence.

IPC / BNS

Q38. The gist of this offence is meeting of minds

• (1) Section 120-A ✔
• (2) Section 133
• (3) Section 221
• (4) Section 340

Answer: (1)

s. 120-A IPC (s. 61 BNS) — criminal conspiracy; agreement (meeting of minds) is its gist.

Evidence / BSA · Law changed

Q39. “The DNA test cannot rebut the conclusive presumption envisaged under Section. 112 of the Indian Evidence Act. The parties can avoid the rigor rigor of such conclusive presumption only by proving non- access which is a negative proof.” It was so held in which case

• (1) Shaik Fakruddin vs. Shaik Mohammed Hasan, AIR 2006 AP 48 ✔
• (2) Siddaramesh vs. State of Karnataka (2010) 3 SCC 152
• (3) Kailash vs. State of Madhya Pradesh AIR 2007 SC 107
• (4) Somwanti vs. State of Punjab. AIR 1963 SC 151

Answer: (1)

The Andhra Pradesh High Court so held, following Kamti Devi v. Poshi Ram (2001).

Law now: Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2014) held that a reliable DNA result prevails over the s. 112 presumption (now s. 116 BSA).

Evidence / BSA

Q40. The statements of dead persons are relevant under which provision

• (1) Section 48
• (2) Section 49
• (3) Section 32(4) ✔
• (4) Section 13 (3)

Answer: (3)

s. 32 (s. 26 BSA) — statements of persons who are dead or cannot be found.

Evidence / BSA

Q41. “Witnesses are the eyes and ears of Justice.” Whose statement is this

• (1) Lord Atkin
• (2) Bentham ✔
• (3) Lord Denning
• (4) Phipson

Answer: (2)

Bentham called witnesses “the eyes and ears of justice”.

IPC / BNS · Key corrected

Q42. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal Code

• (1) Section 120-A
• (2) Section 120-B
• (3) Section 153-A ✔
• (4) Section 226

Answer: (3)

s. 153-A IPC (s. 196 BNS) — promoting enmity between groups on grounds of religion, race, place of birth, residence or language.

Note: The published key gives (1), which is criminal conspiracy.

Contract & Property

Q43. A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act provide an answer to this question?

• (1) Sections 59 to 61 ✔
• (2) Sections 22 of 31
• (3) Sections 10 to 12
• (4) Sections 55 to 60

Answer: (1)

ss. 59-61 Contract Act — appropriation of payments.

IPC / BNS · Key corrected

Q44. A obtains property from Z by saying “Your child is in the hands of my gang and will be put to death unless you send us Rs. 10,000/-. This offence is –

• (1) Robbery
• (2) Extortion ✔
• (3) Dacoity
• (4) None of the above

Answer: (2)

Illustration to s. 390 IPC — this is extortion, not robbery, unless Z is put in fear of the instant death of the child.

Note: The published key gives (1).

IPC / BNS

Q45. A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B.

• (1) Wrongful restraint
• (2) Wrongful confinement ✔
• (3) Refusal to leave the place
• (4) None of the above

Answer: (2)

Illustration (b) to s. 340 IPC (s. 127 BNS) — wrongful confinement.

IPC / BNS

Q46. Adulteration of food or drink intended for sale is punishable under

• (1) Section 227
• (2) Section 272 ✔
• (3) Section 277
• (4) Section 273

Answer: (2)

s. 272 IPC (s. 274 BNS) — adulteration of food or drink intended for sale.

IPC / BNS

Q47. Voluntarily causing grievous hurt to deter public servant from his duty is

• (1) Cognizable & non-bailabie offence ✔
• (2) Non cognizable & bailable offence
• (3) Cognizable and bailable offence
• (4) None of the above

Answer: (1)

s. 333 IPC (s. 121(2) BNS) is cognizable and non- bailable.

CrPC / BNSS

Q48. Which provision under the Code provides the indication as to the rule against double jeopardy?

• (1) Section 300 ✔
• (2) Section 305
• (3) Section 309
• (4) Section 311

Answer: (1)

s. 300 CrPC (s. 337 BNSS) — a person once convicted or acquitted not to be tried for the same offence.

CrPC / BNSS

Q49. Which provision under Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate, to record confessions and statements?

• (1) Section 164 ✔
• (2) Section 162
• (3) Section 163
• (4) Section 164-A

Answer: (1)

s. 164 CrPC (s. 183 BNSS) — recording of confessions and statements by a Magistrate.

CrPC / BNSS

Q50. Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody under which section

• (1) Section 41(a)
• (2) Section 41(c)
• (3) Section 41 (e) ✔
• (4) Section 41(d)

Answer: (3)

s. 41(1)(e) CrPC (s. 35 BNSS) — arrest without warrant of a person who obstructs a police officer or escapes from lawful custody.

CrPC / BNSS

Q51. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of

• (1) 7 years ✔
• (2) 2 years
• (3) 10 years
• (4) 5 years

Answer: (1)

s. 265A CrPC (s. 289 BNSS) — plea bargaining is available for offences punishable up to seven years.

CrPC / BNSS

Q52. “If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed.” It was so upheld in which case

• (1) Sangarabonia Sreen vs. State of Andhra Pradesh
• (2) State of Himachal Pradesh vs. Tara Dutta ✔
• (3) Shamsher Singh vs. State of Punjab
• (4) Nalini vs. State of Tamilnadu.

Answer: (2)

State of H.P. v. Tara Dutt (2000) applied s. 222 CrPC — conviction for a minor offence on a charge of a major one.

Contract & Property

Q53. The essence of a contract of agency is the agent’s

• (1) Representative capacity coupled with a power to affect the legal relations of the principal with third persons ✔
• (2) Power and title to the property that is being dealt with’.
• (3) Authority and status of dealing with the trade
• (4) None of the above.

Answer: (1)

The essence of agency is the agent’s power to represent the principal and affect his legal relations with third persons.

Contract & Property

Q54. “A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted, by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act”. – Whose statement is this?

• (1) Halsbury ✔
• (2) Salmond
• (3) Phipson
• (4) Pollock

Answer: (1)

The definition is from Halsbury’s Laws of England.

Contract & Property

Q55. A Delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. What is the type of contract called

• (1) Indemnity
• (2) Guarantee
• (3) Bailment ✔
• (4) Pledge

Answer: (3)

s. 148 — bailment.

Contract & Property

Q56. A’s nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that anybody who discovered the missing boy without knowing the reward. When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts.

• (1) Lalman Shukla vs. Gauri Dutt ✔
• (2) Donogue vs. Stevenson
• (3) Tweedle vs. Atkinson
• (4) Dutton vs. Poole

Answer: (1)

Lalman Shukla v. Gauri Dutt (1913) — no acceptance without knowledge of the offer.

Contract & Property

Q57. What property cannot be transferred under Section 6 of Transfer of Property Act, 1882

• (1) An easement apart from the dominant heritage
• (2) An interest in property restricted in its enjoyment to the owner personally
• (3) A right to future maintenance, in whatsoever manner arising, secured, or determined.
• (4) All of the above. ✔

Answer: (4)

s. 6 TPA bars transfer of each of these.

Family Law

Q58. Which provision of Hindu Marriage Act, 1955 deals with conciliation

• (1) Section 23
• (2) Section 23 (2) ✔
• (3) Section 23(3)
• (4) Section 22

Answer: (2)

s. 23(2) HMA — the court must first try to bring about reconciliation.

Family Law

Q59. Daughter is equated with the son references to joint family with property under

• (1) Hindu Succession (Amendment) Act 2002
• (2) Hindu Succession (Amendment) Act 1976
• (3) Hindu Succession (Amendment) Act 1978
• (4) Hindu Succession (Amendment) Act 2005 ✔

Answer: (4)

The Hindu Succession (Amendment) Act, 2005 made daughters coparceners by birth.

Contract & Property

Q60. A transfers property, of which he is the owner, to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. Can the interest so created for the benefit of the eldest son take effect?

• (1) Yes
• (2) No ✔
• (3) It is a valid transfer
• (4) None of the above

Answer: (2)

Illustration to s. 13 TPA — the eldest son’s life interest fails, as it is not the whole remaining interest.

Arbitration & ADR

Q61. The commencement of arbitral proceedings is not dependant on interim relief being allowed or denied under Section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so

• (1) Firm Ashok Traders & another vs. Gurumukh Das Saluja & others ✔
• (2) M.M.T.C Ltd vs. Sterile Industries (India) Ltd.
• (3) National Thermal Power Corporation. vs. Flowmore (P.) Ltd.
• (4) Magma Leasing Ltd. vs. NEPC Micon Ltd.

Answer: (1)

Firm Ashok Traders v. Gurumukh Das Saluja (2004).

Code of Civil Procedure

Q62. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the Court?

• (1) Section 98
• (2) Section 99
• (3) Section 89 ✔
• (4) Section 88

Answer: (3)

s. 89 CPC — settlement of disputes outside court.

Contract & Property

Q63. A solicitor sold certain property to one of his clients. The client subsequently property alleged that the was considerably overvalued and his consent was caused by……….. Court considered the relationship between the parties to reach the decision.

• (1) Coercion
• (2) Misrepresentation
• (3) Undue influence ✔
• (4) Estoppel

Answer: (3)

A solicitor and client stand in a fiduciary relationship, so the court presumes undue influence (s. 16(3)).

Contract & Property

Q64. Accepting any other satisfaction than the performance originally agreed is known as

• (1) reciprocal agreement
• (2) reciprocal acceptance
• (3) reciprocal accord and satisfaction
• (4) accord and satisfaction ✔

Answer: (4)

Accord and satisfaction — accepting some other satisfaction in place of the performance promised (s. 63).

Contract & Property

Q65. “Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in respect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally i.e. according to the usual course of things from such breach of contract itself or such as may reason- ably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it.” In which case the principle was down so:

• (1) Clegg vs. Hands
• (2) Frost vs. Knight
• (3) Kapur Chand vs. Himayat Ali Khan
• (4) Hadley vs. Baxendale ✔

Answer: (4)

Hadley v. Baxendale (1854).

Contract & Property

Q66. When a misrepresentation has been made, what are the alternative courses open to an aggrieved

• (1) He can avoid or rescind the contract
• (2) He can affirm the contract and insist on the misrepresentation being made
• (3) He can rely upon the misrepresentation, as a defence to an action upon the contract
• (4) All of the above ✔

Answer: (4)

s. 19 — the party may avoid the contract, affirm and insist on being put in the position represented, or use it as a defence.

Contract & Property

Q67. “The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed: Whose statement is this?

• (1) Lord Black
• (2) Henderson
• (3) Anson ✔
• (4) Salmond

Answer: (3)

Anson.

Contract & Property

Q68. Raghav owes Murli Rs. 10,000/-. This debt is time barred by the Limitation Act. Even then Murli, promises in writing to pay Raghav Rs. 4,500/- on account of debt and signs the document. This contract is

• (1) Enforceable ✔
• (2) Unenforceable
• (3) Void
• (4) None of the above

Answer: (1)

s. 25(3) — a written, signed promise to pay a time- barred debt is enforceable.

Contract & Property

Q69. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on the topic.

• (1) Balfour vs. Balfour ✔
• (2) Donogue vs. Stevenson
• (3) Derry vs. Peek
• (4) Birch vs. Birch

Answer: (1)

Balfour v. Balfour (1919) — domestic arrangements lack an intention to create legal relations.

Contract & Property

Q70. According to the Indian law in a lawful contract, consideration

• (1) Must move from promises only
• (2) May move from promise or any other person ✔
• (3) Is not necessary at all
• (4) None of the above

Answer: (2)

s. 2(d) — consideration may move from the promisee or any other person.

Contract & Property

Q71. An agency can be terminated by

• (1) Agreement between parties
• (2) By renunciation by the agent
• (3) By completion of business of agency
• (4) All the above. ✔

Answer: (4)

ss. 201-202 — agency ends by agreement, revocation, renunciation, or completion of the business.

Contract & Property

Q72. Which type of loss are not covered by a contract of indemnity

• (1) Loss arising from accidents like fire or perils of the sea. ✔
• (2) Loss caused by the promisor himself or by a third person
• (3) Loss arising by human agency
• (4) None of the above

Answer: (1)

s. 124 confines indemnity to loss caused by the conduct of the promisor or any other person — not accidents.

Professional Ethics

Q73. The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees………… no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the specific case.

• (1) RD Saxena vo. Balram Prasad Sharma ✔
• (2) VC Rangadhurai vs D Gopalan
• (3) Emperor vs. Dadu Ram
• (4) G Naranswamy vs Challapalli

Answer: (1)

R.D. Saxena v. Balram Prasad Sharma (2000).

Arbitration & ADR

Q74. …….. is the process whereby interested partics resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests.,

• (1) Expert determination
• (2) Arbitration
• (3) Conciliation
• (4) Negotiation ✔

Answer: (4)

Negotiation — direct bargaining by the parties.

Professional Ethics

Q75. “The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally.” Whose statement is this?

• (1) Chief Justice Marshall ✔
• (2) Chief Justice Coke
• (3) Chief Justice Halsbury
• (4) Chief Justice Bacon

Answer: (1)

The passage is attributed to Chief Justice Marshall.

Professional Ethics

Q76. Duty of on advocate towards his client is detailed out in which rules of Bar Council of India

• (1) 33 to 38
• (2) 11 to 33 ✔
• (3) 23 to 27
• (4) 33 to 36

Answer: (2)

BCI Rules, Part VI, Chapter II, Section II — Rules 11 to 33.

Code of Civil Procedure

Q77. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiffs action and it is called as

• (1) Cross-claim
• (2) Set-off ✔
• (3) Cross-demand
• (4) Cross-decrees

Answer: (2)

Order 8 Rule 6 CPC — set-off.

Professional Ethics

Q78. Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?

• (1) Section 25-A
• (2) Section 26-A
• (3) Section 27-A
• (4) Section 24-A ✔

Answer: (4)

s. 24-A Advocates Act — disqualification for enrolment.

Code of Civil Procedure

Q79. Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

• (1) Section 11
• (2) Section 9
• (3) Section 10 ✔
• (4) Section 12

Answer: (3)

s. 10 CPC — res sub judice; the later suit is stayed.

Torts, MV & Consumer

Q80. Contributory negligence means

• (1) The failure by a person to use reasonable care for the safety of either of himself or his property ✔
• (2) Volunteer to pay-for the negligence of others
• (3) Contributing the money or money’s worth for others wrongs
• (4) Inciting others to commit civil wrong.

Answer: (1)

Contributory negligence is the plaintiff’s own want of reasonable care for his safety.

Code of Civil Procedure

Q81. An attachment before judgement order takes away.

• (1) Right to ownership
• (2) Right to file suit
• (3) Power to alienate the property ✔
• (4) Capacity of execution of a decree.

Answer: (3)

s. 64 CPC — a private alienation after attachment is void against claims under the attachment.

Code of Civil Procedure

Q82. The three pillars on which foundation of every order of injunction rests

• (1) Prima facie case, injury with damage and balance of inconvenience
• (2) Prima facie case, reparable injury and balance of convenience
• (3) Prima facie case, irreparable injury and balance of convenience ✔
• (4) Prima facie case, damage without injury and balance of convenience

Answer: (3)

Prima facie case, irreparable injury and balance of convenience.

Code of Civil Procedure

Q83. ………… is to enable subordinate Courts to obtain in non- appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

• (1) Review
• (2) Reference ✔
• (3) Appeal
• (4) Revision

Answer: (2)

s. 113 CPC — reference to the High Court.

Torts, MV & Consumer

Q84. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortuous principle of strict liability.-Held in the case of

• (1) Francis Caroli vs. state
• (2) Shriram food and fertilizers case ✔
• (3) PUCL vs. Union of India
• (4) State of Punjab vs. Mahinder Singh Chawla

Answer: (2)

M.C. Mehta v. Union of India (1987), the Shriram oleum gas leak case — absolute liability.

Company Law & NI Act

Q85. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the Tribunal for winding up of the company. The petition

• (1) Is liable to be dismissed ✔
• (2) will succeed
• (3) will be kept pending till the conditions improve
• (4) will not be admitted.

Answer: (1)

Temporary suspension during a trade depression, with intent to resume, is no ground for winding up.

Torts, MV & Consumer

Q86. “A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Whose Statement is this

• (1) Winfield
• (2) Salmond ✔
• (3) Pollock
• (4) Griffith

Answer: (2)

Salmond’s definition of a tort.

Torts, MV & Consumer

Q87. Under Section 20 of the M.V. Act if a person is convicted of an offence punishable under Section 189 of the Motor Vehicles Act, the Court shall ordinarily order for

• (1) Imposing penalty only
• (2) Punishment only
• (3) Both punishment and penalty
• (4) Disqualification under the act ✔

Answer: (4)

s. 20 MV Act — on conviction under s. 189 the court shall ordinarily order disqualification.

Labour Law

Q88. “Contravention of Contract Labour Act would not create employment relationship between contract labour and principal establishment.” It was so held in which case

• (1) SAIL vs. National Union Water front Workers ✔
• (2) Air India Statutory Corporations vs United Labour Union & Ors.
• (3) Bangalore Water Supply and Sewerage Board vs. A. Rajappa
• (4) State of U. P. vs. Jai Bir Singh,

Answer: (1)

SAIL v. National Union Waterfront Workers (2001).

CrPC / BNSS

Q89. Order granting anticipatory bail becomes operative

• (1) on arrest ✔
• (2) prior to arrest
• (3) on passing of the order by the Court
• (4) none of the above

Answer: (1)

An anticipatory bail order operates when the person is arrested.

Administrative Law

Q90. If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be

• (1) Mandamus
• (2) Habeas Corpus
• (3) Quo warranto
• (4) Certiorari ✔

Answer: (4)

Certiorari quashes the decision of a quasi-judicial body that violated natural justice.

Evidence / BSA · Key corrected

Q91. An accomplice is unworthy of credit unless he is corroborated in material particulars is a

• (1) presumption of fact ✔
• (2) presumption of law
• (3) conclusive of proof
• (4) none of the above

Answer: (1)

Illustration (b) to s. 114 (s. 119 BSA) — a “may presume”, so a presumption of fact.

Note: The published key gives (2).

Evidence / BSA

Q92. Patent ambiguity in interpreting documents renders it.

• (1) Curable
• (2) In-curable ✔
• (3) Curable and incurable
• (4) None of the above

Answer: (2)

s. 93 (s. 94 BSA) — evidence cannot be given to remove a patent ambiguity.

CrPC / BNSS

Q93. “Provisions of Section 195 of the Code are mandatory and non- compliance of it would vitiate the prosecution and all other consequential orders.” In which case did the Court hold so?

• (1) C. Muniappan vs. State of Tamilnadu ✔
• (2) Kishun Singh vs. State of Bihar
• (3) State of Karnataka vs. Pastor P. Raju.
• (4) None of the above.

Answer: (1)

C. Muniappan v. State of Tamil Nadu (2010) — non- compliance with s. 195 vitiates the prosecution.

Constitutional Law

Q94. By the Constitution (97th Amendment) Act, 2011 the following word has been, inserted under Article 19 (1) (c)

• (1) Democratic Societies
• (2) Registered Societies
• (3) Co-operative Societies. ✔
• (4) Co-operative Management

Answer: (3)

The 97th Amendment (2011) added “co-operative societies” to Art. 19(1)(c).

Administrative Law

Q95. Doctrine of Legitimate Expectation was discussed in the following case

• (1) Ramkrishna Tendolkar VS. Justice Dalmia
• (2) M. C. Mehta vs. Union of India
• (3) State of U.P. vs. Deoman
• (4) Food Corporation of India vs. M/s. Kamdhenu Cattle Feed Industries ✔

Answer: (4)

Food Corporation of India v. Kamdhenu Cattle Feed Industries (1993).

Jurisprudence

Q96. Natural law is the idea that

• (1) there are rational objective limits to the power of legislative rulers. ✔
• (2) there are no limits to the power of legislative rulers.
• (3) there are limits to the power of the executive laid by the legislature
• (4) Law is the command of the sovereign

Answer: (1)

Natural law holds that there are rational, objective limits on the power of legislative rulers.

Constitutional Law · Law changed

Q97. “Passive Euthanasia is permitted in certain cases- ” held in

• (1) Aruna Ramachandran Shanbaug vs Union of India ✔
• (2) Gian Kaur vs State of Punjab
• (3) P. Rathinam vs Union of India
• (4) State of Maharashtra vs. Chandraben

Answer: (1)

Aruna Shanbaug v. Union of India (2011) permitted passive euthanasia under safeguards.

Law now: Common Cause v. Union of India (2018) recognised living wills; the procedure was simplified in 2023.

Labour Law · Law changed

Q98. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid off to claim for compensation

• (1) Section 25-0
• (2) Section 26
• (3) Section 25-C ✔
• (4) Section 25-M

Answer: (3)

s. 25-C ID Act — right of laid-off workmen to compensation.

Law now: Now in the Industrial Relations Code, 2020.

Jurisprudence

Q99. H.L.A. Hart’s name is associated with the book.

• (1) Province and Function of Law
• (2) The Concept of Law ✔
• (3) Social Dimensions of Law
• (4) Theories of Social Change

Answer: (2)

H.L.A. Hart, The Concept of Law (1961).

Labour Law

Q100. The contribution payable under the ESI Act in respect of an employee shall comprise of

• (1) contribution payable by the employer only
• (2) contribution payable by the employee only
• (3) contribution payable by government only
• (4) contribution payable by employer and employee. ✔

Answer: (4)

ESI contributions are payable by both employer and employee.