AIBE 8 (VIII) 2015 Question Paper with Answers and Explanations: All 100 Questions Solved

Read this first

• 4 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.
• 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).

IPC / BNS

Q1. P and Q agree to commit theft in R’s house, but no theft is actually committed. Here P and Q are guilty of-

• (1) Abetment of conspiracy
• (2) Abetment by instigation
• (3) No offence
• (4) Criminal conspiracy ✔

Answer: (4)

s. 120-A IPC (s. 61 BNS) — an agreement to commit an offence is criminal conspiracy even if nothing more is done.

Jurisprudence

Q2. Who authored the book The First Principles of Jurisprudence?

• (1) Salmond ✔
• (2) Black Stone
• (3) Austin
• (4) Winfield

Answer: (1)

Salmond.

Contract & Property

Q3. Point out an example not related to a contract of bailment.

• (1) Delivering a watch or radio for repair
• (2) Leaving a car or scooter at a parking stand
• (3) Leaving luggage in a cloak room
• (4) A shareholder executes an agreement/ bond favoring the company thereby agreeing to satisfy the company for any loss caused as a consequence of his own act. ✔

Answer: (4)

An indemnity bond involves no delivery of goods; the other three are bailments.

Contract & Property

Q4. Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property?

• (1) 45
• (2) 54
• (3) 55 ✔
• (4) 44

Answer: (3)

s. 55 TPA — rights and liabilities of buyer and seller.

IPC / BNS

Q5. A issued a warrant to a police officer to arrest P. But the officer arrests Q after the due inquiry believing Q to be P. Here

• (1) P is liable for criminal negligence
• (2) The police officer has committed no offence by virtue of Section 76 IPC ✔
• (3) P has committed an offence of wrongful confinement
• (4) None of these

Answer: (2)

Illustration to s. 76 IPC (s. 14 BNS) — an officer who arrests the wrong person after due enquiry, by mistake of fact, commits no offence.

Contract & Property

Q6. Which is true of contracts of agency?

• (1) The relation between the agent and the principal is of a trust 20
• (2) It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations; between that order and third persons that he is an agent. ✔
• (3) The only essence of a contract of agency is the agent’s representative capacity.
• (4) None of the above

Answer: (2)

A person is an agent only when he represents another in creating, modifying or terminating contractual relations with third persons.

Contract & Property

Q7. Identify the wrong statement from the following,

• (1) An indemnity is for reimbursement of a y loss, while a guarantee is for security of the creditor
• (2) In a contract of indemnity, the liability of the indemnifier is secondary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is primary and arises when the principal debtor defaults. ✔
• (3) The indemnifier after performing his part of the promise has no rights against to the third party and he can sue the third party only if there is an assignment in his favor. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his (liability, and may sue the principal debtor,
• (4) In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee the liability of surety is secondary and arises when the principal debtor defaults.

Answer: (2)

It is the other way round: the indemnifier’s liability is primary, the surety’s secondary.

Contract & Property

Q8. A corporate resolution is not an offer unless efforts are made to communicate it. Which case held so?

• (1) Blair vs. Western Mutual Benefit Association ✔
• (2) R. vs. Dawood
• (3) Harvela Investments Ltd. vs. Royal Trust Co. of Canada
• (4) None of the above.

Answer: (1)

Blair v. Western Mutual Benefit Association — an uncommunicated corporate resolution is not an offer.

IPC / BNS

Q9. Durham doctrine-means doctrine-means no genos –

• (1) That an accused is not criminally liable if his unlawful act is the product of immature understanding due to immature age
• (2) That an accused is not criminally liable if his unlawful act is the product of mental disease or mental defect ✔
• (3) That an accused is criminally liable if his unlawful act even if it is the product of mental disease or mental defect
• (4) None of these

Answer: (2)

The Durham rule (1954): no criminal liability for an act that is the product of mental disease or defect.

Torts, MV & Consumer

Q10. The doctrine of civil conspiracy was enunciated by the House of Lords in

• (1) Walsby vs. Anley
• (2) Moghul Steamship Company vs. Mc. Gregor Gow and Company
• (3) Alien vs. Flood
• (4) Quinn vs. Leathem ✔

Answer: (4)

Quinn v. Leathem (1901) established the tort of conspiracy to injure.

IPC / BNS · Key corrected

Q11. Ramu is suffering from disease of Dirathe heart. heart. Rahul his heir rushes into his room and shouts in his ear “your house has been destroyed by fire” intending thereby to kill Ramu. Ramu dies of the shock. Here Rahul is liable for the offence of

• (1) Attempt to murder
• (2) Murder ✔
• (3) Culpable homicide
• (4) Abetment to murder

Answer: (2)

An act done with the intention of causing death that causes death is murder under s. 300, firstly (s. 101 BNS), whatever the means.

Note: The published key gives (3), culpable homicide.

IPC / BNS

Q12. De minimus non curat lex implies

• (1) Every person is liable for his own acts
• (2) Trifling acts do not constitute an offence ✔
• (3) Necessity knows no Jaw
• (4) Nothing is an offence which is done in private defense

Answer: (2)

De minimis non curat lex — the law does not concern itself with trifles (s. 95 IPC, now s. 33 BNS).

Constitutional Law

Q13. According to Article 71 Disputes arising in connection with the elections of a President or Vice- President are to be enquired into and decided by

• (1) The Supreme Court ✔
• (2) High Court
• (3) Both by High Court and Supreme Court.
• (4) Tribunal established for that purpose.

Answer: (1)

Art. 71 — election disputes of the President and Vice- President go to the Supreme Court.

Torts, MV & Consumer

Q14. The Supreme Court observed, 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 tortious principle of strict liability. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise. Name the case.

• (1) Subhash Kumar vs. State of Bihar 1991
• (2) Rural Litigation and Entitlement Kendra vs. State of U.P., 1985
• (3) M.C. Mehta vs. Union of India, 1986 ✔
• (4) Union Carbide vs. Union of India, 1984

Answer: (3)

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

Constitutional Law

Q15. Selvi’s daughter Kavita had married Shivakumar of a different caste against the wishes of her family. Shivakumar was brutally killed in 2004, and Selvi and two others became the suspects. Since the prosecution’s case depended entirely on circumstantial evidence, it sought the Court’s permission to conduct polygraphy and brain- mapping tests on the three persons. The Court granted permission and the tests were conducted. When the results of the polygraphy test indicated signs of deception, the prosecution sought the Court’s permission to perform narcoanalysis on the three persons. The Magistrate directed the three to undergo narcoanalysis. All of them challenged this decision in the Karnataka High Court, but failed to get relief. They then went in appeal to the Supreme Court. The Court held –

• (1) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(3) and 21 of the Constitution. ✔
• (2) Compulsory brain-mapping and polygraph tests and narcoanalysis were valid under Articles 20(3) and 21 of the Constitution.
• (3) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(1) and 21 of the Constitution.
• (4) Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 14 and 21 of the Constitution

Answer: (1)

Selvi v. State of Karnataka (2010).

Constitutional Law

Q16. Article 48-A and Article 51-A (g) were inserted in the Constitution by-

• (1) The Constitution (42nd Amendment) Act, 1978
• (2) The Constitution (42nd Amendment) Act, 1976 ✔
• (3) The Constitution (43rd Amendment) Act, 1978
• (4) The Constitution (44th Amendment) Act, 1978

Answer: (2)

The 42nd Amendment, 1976.

Environmental Law

Q17. It was held by the Supreme Court that noise pollution beyond permissible limits cannot be Tap tolerated, even if such noise was a Bodirect result of and was connected with religious activities in the case of-

• (1) Vellore Citizens Welfare Forum vs. Union of India
• (2) Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association ✔
• (3) Rural Enlightenment Kendra vs. Union of India
• (4) Narmada Bachao Andolan vs. Union of India

Answer: (2)

Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association (2000).

Environmental Law

Q18. The Water (Prevention and Control of Pollution) Act, 1974 bad regulates-

• (1) The discharge of hazardous pollutants into the nation’s surface water. ✔
• (2) The emission of hazardous air pollutants.
• (3) Waste disposal of sea.
• (4) The transportation of hazardous materials.

Answer: (1)

The Water Act regulates discharge of pollutants into water bodies.

Code of Civil Procedure

Q19. A is in possession of property claimed by B and C adversely. A does o not claim any interest in the property is ready to deliver it to the rightful owner. A can institute.

• (1) Friendly suit
• (2) Caveat
• (3) Interpleader ✔
• (4) Restitution.

Answer: (3)

s. 88 CPC — interpleader suit.

Limitation Act · Key corrected

Q20. What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immoveable property mortgaged?

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

Answer: (3)

Article 61(a) — 30 years.

Note: The published key gives (4).

Limitation Act

Q21. Sections 12-15 of the Limitation Act, 1963 provide for exclusion of time ins/computing the period of limitation prescribed by law. Which One of the following falls inside the ambit of exclusion?

• (1) Day on which judgment/order/award is pronounced
• (2) Time during which stay/injunction
• (3) Time during which the defendant had been out of India.
• (4) All the above ✔

Answer: (4)

ss. 12-15 exclude the day of judgment, periods of stay or injunction, and the defendant’s absence from India.

Environmental Law

Q22. According to Environmental (Protection) Act of 1986 “environmental pollutant” means—

• (1) any solid, liquid or gaseous substance ‘present in such concentration as may be, or tend to be, injurious to environments ✔
• (2) any substance present in such concentration as may be, or tend to be, injurious to environment
• (3) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to a person
• (4) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the society

Answer: (1)

s. 2(b) EPA — any solid, liquid or gaseous substance present in such concentration as to be injurious to the environment.

Company Law & NI Act

Q23. What is Corporate Social Responsibility among the following?

• (1) Employee benefits
• (2) Project based protection of national heritage ✔
• (3) Programs undertaken outside India
• (4) Mere donations

Answer: (2)

Schedule VII lists protection of national heritage; donations and staff benefits do not count.

Family Law

Q24. Talak-e-tafwiz is –

• (1) Talak by delegation ✔
• (2) Triple Talak
• (3) Talak by agreement
• (4) Improper Talak

Answer: (1)

Talaq-e-tafwid — divorce by a power delegated to the wife.

Company Law & NI Act

Q25. Provisions regarding Corporate Social Responsibility are incorporated in the Companies Act, 2013 under

• (1) Section 101
• (2) Section 111
• (3) Section 135 ✔
• (4) Section 235

Answer: (3)

s. 135 Companies Act, 2013.

Jurisprudence

Q26. Who was the founder of Analytical School of Law?

• (1) Ihering
• (2) Bentham
• (3) John Austin ✔
• (4) August Comte

Answer: (3)

John Austin, The Province of Jurisprudence Determined (1832).

CrPC / BNSS

Q27. Chapter dealing with “Plea Bargaining” has been inserted by-

• (1) The Criminal Law (Amendment) Act, 1993
• (2) The Criminal Law (Amendment) Act, 2005 ✔
• (3) The Code of Criminal Procedure (Amendment) Act, 2001
• (4) The Code of Criminal (Amendment) Act, 1993

Answer: (2)

The Criminal Law (Amendment) Act, 2005 inserted Chapter XXIA.

CrPC / BNSS

Q28. Section 41-B is incorporated into the Criminal Procedure Code on the basis of which of the following decisions

• (1) Nandini Satpati vs. P.L. Dani
• (2) Sunil Batra vs. Delhi Administration
• (3) Prem Shankar Shukla Administration VS. Delhi
• (4) D.K. Basu vs. State of West Bengal ✔

Answer: (4)

D.K. Basu v. State of West Bengal (1997).

Family Law

Q29. Any immovable property possessed by a by a female Hindu, acquired before or after the commencement of Hindu Succession Act, shall be held by her after the commencement of the Act as-

• (1) A limited owner
• (2) A full owner ✔
• (3) No ownership
• (4) Not as absolute owner.

Answer: (2)

s. 14 HSA — she holds as full owner.

CrPC / BNSS

Q30. Period of limitation for execution of the order of maintenance is ……….. from the date on which it becomes due.

• (1) 1 year ✔
• (2) 5 years
• (3) 6 years
• (4) 15 years

Answer: (1)

s. 125(3) CrPC — one year.

Constitutional Law

Q31. If by imposing solitary confinement there is total deprivation of comraderie (friendship) ‘amongst co-prisoners coming and taking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix, mingle, talk, Share Company with co-prisoners if substantially curtailed would be violative of Article 21- This was held in the case of

• (1) Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675 ✔
• (2) Kishore Singh vs State of Rajasthan, AIR 1981 SC 625
• (3) D.K. Basu vs State of West Bengal, AIR 1997 SC 610
• (4) Parmanand Katara vs Union of India, AIR 1989 SC 2039

Answer: (1)

Sunil Batra v. Delhi Administration (1978).

Company Law & NI Act

Q32. …………………….. of the Companies Act, 2013 requires disclosure in the prospectus of names and addresses of CFO about sources of promoters’ contribution among other things,

• (1) Section 36
• (2) Section 37
• (3) Section 26 ✔
• (4) Section 38

Answer: (3)

s. 26 Companies Act, 2013 — matters to be stated in a prospectus.

CrPC / BNSS

Q33. As per the Criminal Procedure Code, during investigation a search can be conducted without warrant by

• (1) Judicial officer
• (2) Any Person
• (3) The investigating officer ✔
• (4) Any police officer

Answer: (3)

s. 165 CrPC (s. 185 BNSS) — search by the investigating officer.

CrPC / BNSS

Q34. Prosecution for the offence of defamation can be initiated only

• (1) On the complaint of the aggrieved party ✔
• (2) On the basis of an F.I.R
• (3) On the basis of a police report
• (4) If it is a matter related to domestic affairs of a family

Answer: (1)

s. 199 CrPC (s. 222 BNSS) — cognizance of defamation only on complaint of the person aggrieved.

Evidence / BSA

Q35. The presumption of continuance of life is contained in Section….. of the Evidence Act

• (1) 107 ✔
• (2) 108
• (3) 207
• (4) 115

Answer: (1)

s. 107 (s. 110 BSA) — presumption of continuance of life within thirty years.

Company Law & NI Act · Law changed

Q36. Section 253 of the Companies Act, 2013 deals with

• (1) Determination of Sickness ✔
• (2) Liability of Directors
• (3) Promoters
• (4) Memorandum

Answer: (1)

s. 253 Companies Act, 2013 — determination of sickness.

Law now: Chapter XIX (sick companies) was omitted in 2016; revival is now under the Insolvency and Bankruptcy Code.

Contract & Property

Q37. Principles evolved in Hadley vs. Baxendale are the basis of Section…….. of the Indian Contract Act.

• (1) 74
• (2) 55
• (3) 87
• (4) 73 ✔

Answer: (4)

s. 73 Contract Act.

Contract & Property

Q38. Section 6 of the Specific Relief Act, 1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by,…… recover possession thereof; notwithstanding any other title that may be set up in such suit.

• (1) Application
• (2) Restitution application
• (3) Suit ✔
• (4) Reference

Answer: (3)

s. 6 SRA — by suit, within six months.

Constitutional Law

Q39. Equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed, cabined and confined” within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies- this was stated in the case of-

• (1) Jespar & Slong vs. State of Meghalaya, AIR 2004 SC 3533
• (2) Vajravelu Mudiliar vs. Special Dty Collector, AIR 1965 SC 1017
• (3) E. P. Royappa vs. State of T.N., AIR 1974 SC 555 ✔
• (4) In Punjab Communication Ltd. vs. Union of India. 1999 (4) SCC 727

Answer: (3)

E.P. Royappa v. State of Tamil Nadu (1974), Bhagwati J.

Constitutional Law

Q40. In State of Karnataka vs. Union of India, AIR 1978 SC 68, Appointment of a commission by the Union government under Section 3 (1) of the Commission of Inquiry Act (60 of 1952) to look into the charges of corruption etc. against the Chief Minister and other Ministers of a State was challenged. It was held –

• (1) Arbitrary under Article 14
• (2) Violates federal principle
• (3) Jurisdiction of the Court is ousted and hence violates the Basic Structure of the Constitution
• (4) Federal Structure is not jeopardized ✔

Answer: (4)

State of Karnataka v. Union of India (1977) — the Commission was upheld; the federal structure was not jeopardised.

Evidence / BSA

Q41. Testimony of a witness to the existence or non- existence of the fact or facts in issue is/are-

• (1) Oral evidence
• (2) Original evidence
• (3) Direct evidence ✔
• (4) Both (1) and (2)

Answer: (3)

Testimony to the fact in issue itself is direct evidence.

Contract & Property

Q42. There was a contract to supply oil- seeds. But the Government rendered the sale and purchase of oil- seed illegal under the Defence of India Rules. Identify the effect.

• (1) Party at default is held liable
• (2) Both parties are discharged from the performance of such contract ✔
• (3) Both parties are directed specific performance of the contract
• (4) None of the above

Answer: (2)

s. 56 — supervening illegality frustrates the contract and discharges both parties.

Contract & Property

Q43. A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the lifetime of B. D survives B. At B’s death

• (1) The property passes to D ✔
• (2) The property reverts back to A’s heirs
• (3) The property is declared as having no owner
• (4) None of the above

Answer: (1)

Illustration to s. 24 TPA — D, the survivor, takes the property.

Company Law & NI Act

Q44. The Companies Act, 2013 allows the formation of-

• (1) Two persons company only
• (2) Seven persons company only
• (3) Two or more persons company only
• (4) One person company also. ✔

Answer: (4)

The 2013 Act introduced the One Person Company (s. 2(62)).

Public International Law

Q45. Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by—

• (1) Austin
• (2) Hugo Grotiu’s ✔
• (3) Arvid Pardo
• (4) Starke

Answer: (2)

Hugo Grotius, Mare Liberum (1609).

Contract & Property

Q46. A/An…. is one which is drawn by one person and accepted by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.

• (1) Bills in sets
• (2) Documentary bill
• (3) Bearer instrument
• (4) Accommodation bill ✔

Answer: (4)

An accommodation bill is drawn without consideration to help the drawer raise money.

Contract & Property

Q47. As per the Specific Relief Act, 1963 identify the situation wherein any person interested ‘in a contract may sue to have it rescinded, and such rescission may be adjudged by the court.

• (1) Where the contract is voidable or terminable by the plaintiff.
• (2) Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
• (3) Both (1) and (2). ✔
• (4) None of the above.

Answer: (3)

s. 27 SRA — both situations allow rescission.

Contract & Property

Q48. Which provision of the Negotiable Instruments Act discusses about material alteration of an instrument and its effects?

• (1) Section 77
• (2) Section 88
• (3) Section 87 ✔
• (4) Section 78

Answer: (3)

s. 87 NI Act — material alteration.

Contract & Property

Q49. A transfer Rs.500 to his niece C, if she will desert her husband. The transfer is-

• (1) Void ✔
• (2) Voidable
• (3) Valid
• (4) None of the above

Answer: (1)

A condition requiring the transferee to desert her husband is immoral and void (s. 25 TPA).

Code of Civil Procedure

Q50. Amendments made in the year….. through the insertion of Section …. Procedure…… to the Civil Code introduced provisions to enable the Courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.

• (1) 1989,
• (2) 1990, 88
• (3) 1999, 89 ✔
• (4) 2001, 88

Answer: (3)

1999 amendment, s. 89 CPC.

Evidence / BSA

Q51. Under Section 122 of the Evidence Act, a communication made to, the spouse during marriage-

• (1) Remains privileged after the dissolution of marriage by divorce but not so on after death
• (2) Does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
• (3) Does not remain privileged after dissolution of marriage by divorce or death
• (4) Remains privileged communication after the dissolution of marriage by divorce or death. ✔

Answer: (4)

s. 122 (s. 128 BSA) — the privilege survives divorce and death.

Company Law & NI Act

Q52. The Companies Act of 1956 accords recognition only to accounting standards whereas under Section 2(7) of the Companies Act of 2013 the recognition is accorded to both accounting and. standards.

• (1) Financing
• (2) Auditing ✔
• (3) Business
• (4) Responsibility

Answer: (2)

s. 2(7) Companies Act, 2013 — accounting and auditing standards.

Evidence / BSA

Q53. Estoppel is a rule by which a party to litigation is/are-

• (1) Stopped from asserting or denying a fact ✔
• (2) Prevented from appearing in person
• (3) Prevented from hiding an evidence
• (4) Both (1) and (2)

Answer: (1)

s. 115 (s. 121 BSA) — estoppel stops a party from denying the truth of what he represented.

Public International Law

Q54. Constitutive and declaratory theories of State relate to-

• (1) Law of the Sea
• (2) Law of Air space
• (3) Law of Outer Space
• (4) State Recognition ✔

Answer: (4)

Constitutive and declaratory theories concern recognition of States.

CrPC / BNSS

Q55. Which provision under the Criminal Procedure Code reflects the principle of autrefois acquit/ autrefois convict—

• (1) Sec. 300 ✔
• (2) Sec..305
• (3) Sec. 306
• (4) Sec. 311

Answer: (1)

s. 300 CrPC (s. 337 BNSS).

Evidence / BSA

Q56. Leading questions can be asked during-

• (1) Re-examination
• (2) Examination-in-chief
• (3) Cross-examination ✔
• (4) None of these.

Answer: (3)

s. 143 (s. 146 BSA).

Public International Law

Q57. The Indian who is presently a member of International Court of Justice

• (1) Justice A.S. Anand
• (2) Justice Bhagwati
• (3) Justice Dalveer Bhandari ✔
• (4) Justice Nagendra Singh

Answer: (3)

Justice Dalveer Bhandari (elected 2012, re-elected 2017).

Cyber Law / IT Act

Q58. With reference to Cyber Crimes worm attack-

• (1) needs the virus to attach
• (2) do not need the virus to attach
• (3) needs the host to attach
• (4) do not need the host to attach ✔

Answer: (4)

A worm is self-replicating and needs no host program, unlike a virus.

Cyber Law / IT Act

Q59. The Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “Electronic Commerce” is dealt under— –

• (1) Information Technology Act ✔
• (2) Information and Communication Technology Act
• (3) Information Communication Act
• (4) Information and Cyber Space Act

Answer: (1)

The Information Technology Act, 2000.

Public International Law

Q60. Tabula rasa under International Law relates to-

• (1) State Recognition
• (2) Universal Succession
• (3) State Succession ✔
• (4) Sources of International Law

Answer: (3)

Tabula rasa (clean slate) — a new State starts free of its predecessor’s treaties.

Public International Law

Q61. International Criminal Court is based on –

• (1) Rio Conference
• (2) Rome Statute of the International Criminal Court ✔
• (3) Part of U.N. Charter
• (4) Yugoslavakia Statute International Criminal Court

Answer: (2)

The Rome Statute (1998).

Cyber Law / IT Act

Q62. An attempt to acquire sensitive information such as usernames, passwords, and credit card details and sometimes, indirectly, money by masquerading as a trustworthy entity in an electronic communication – is known as –

• (1) Salami Attacks
• (2) Phishing ✔
• (3) Data diddling
• (4) Forgery

Answer: (2)

Phishing.

Torts, MV & Consumer

Q63. According to Motor Vehicles Act, 1988 no person under the age of….. years shall drive a motor vehicle in any public place.

• (1) 20
• (2) 16
• (3) 18 ✔
• (4) 21

Answer: (3)

s. 4(1) MV Act — 18 years.

Jurisprudence

Q64. The development of the tradition natural justice into one of natural law is usually attributed to the

• (1) Stoics ✔
• (2) Positivists
• (3) Historical School
• (4) Analytical School

Answer: (1)

The Stoics.

Cyber Law / IT Act

Q65. “Asymmetric Crypto System” under Information Technology Act means a system of a secure key pair consisting of a private key for creating a digital signature and—

• (1) an individual key to verify the digital signature
• (2) a lock to verify the digital signature
• (3) a public key to verify the digital signature ✔
• (4) a Government key to verify the digital signature

Answer: (3)

s. 2(1)(f) IT Act — private key creates, public key verifies.

Professional Ethics

Q66. Retention of money deposited with advocate for the decree holder even after execution proceedings was held as an instance of misconduct in which case

• (1) In Re DC Saxena
• (2) M. Veerendra Rao vs. Tek Chand
• (3) Shambhu RamYadav vs. Hanuman Das Khatry
• (4) Prahlad Saran Gupta vs. Bar Council of India ✔

Answer: (4)

Prahlad Saran Gupta v. Bar Council of India (1997).

CrPC / BNSS

Q67. Special Summons under Section 206 of the Criminal Procedure
Code can be issued by

• (1) A Magistrate only ✔
• (2) A Magistrate as well as the Court of Sessions
• (3) The Court of Sessions
• (4) The High Court

Answer: (1)

s. 206 CrPC (s. 229 BNSS) — special summons in petty cases, by a Magistrate.

Cyber Law / IT Act

Q68. Section 43A of the Information Technology Act deals with-

• (1) Compensation for failure to protect data ✔
• (2) Punishment for sending offensive messages
• (3) Identity Theft
• (4) Impersonation

Answer: (1)

s. 43A IT Act.

Jurisprudence

Q69. Law is conceived as a form of the power value- conceived by

• (1) Bentham and Austin
• (2) Hart
• (3) C Lasswell and McDougal ✔
• (4) Karl Olivecrona

Answer: (3)

Lasswell and McDougal — law as a process of authoritative decision (policy science).

Administrative Law

Q70. Section 47 (3) Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.

• (1) This is a judicial function, as the Authority’s decision is based on an official policy.
• (2) This is a quasi-judicial function, as the Authority’s decision is based on a official policy.
• (3) This is an administrative function, as the Authority’s decision is based on an official policy. ✔
• (4) None of the above

Answer: (3)

Limiting permits under s. 71(3) MV Act is an administrative policy function (Mithilesh Garg v. Union of India, 1992).

Administrative Law

Q71. The requirement to give reasons in administrative decisions which affect rights and liabilities has been held to be mandatory by the Supreme Court in—

• (1) S.N. Mukherjee vs. Union of India ✔
• (2) State of Orissa vs. Dr. Binapani Dei
• (3) State of Maharashtra vs. Jalgaon Municipal Council
• (4) Motilal Padampat Sugar Mills Co. Ltd. vs. State of U.P

Answer: (1)

S.N. Mukherjee v. Union of India (1990).

Administrative Law

Q72. Donoughmore Committee Report on Minister’s Powers, 1932, relates to

• (1) England ✔
• (2) Australia
• (3) U.S.A
• (4) None of the above

Answer: (1)

The Donoughmore Committee (1932) reported on ministers’ powers in England.

IPC / BNS

Q73. The persons taking part in the commission of an offence have been divided into two classes. They are-

• (1) Principal and abettors ✔
• (2) Principle and disciples
• (3) Principal and accessory
• (4) Debtor and holder

Answer: (1)

Principals and abettors.

Professional Ethics

Q74. In which famous case this issue had come up. Whether the advocate had committed a professional misconduct and is guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language.

• (1) Vinay Chandra Mishra. In Re ✔
• (2) Ex- Capt. Harish Uppal vs. Union of India
• (3) Hikmat Ali Khan vs. Ishwar Prasad Arya and Ors.
• (4) None of the above

Answer: (1)

In re Vinay Chandra Mishra (1995).

Professional Ethics

Q75. “Misconduct” would cover any activity or conduct which his professional brethren of good repute and competency would reasonably regard as disgraceful or dishonor- able. It may be noted that the scope of “misconduct” is not restricted by technical interpretations of rules of conduct. This was proven conclu- sively in the case of—

• (1) Noratanman Courasia vs. M. R. Murali
• (2) Bar Council of Maharashtra vs. M.V. Dahbolkar ✔
• (3) In N. G. Dastane vs. Shrikant S. Shinde
• (4) B. M. Verma vs. Uttrakhand Regulatory Commission

Answer: (2)

Bar Council of Maharashtra v. M.V. Dabholkar (1976).

Professional Ethics

Q76. In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making’ other arrangements ‘for examining such witnesses is a dereliction of the duty that an advocate owed to the Court amounting to misconduct.

• (1) N.G. Dastane vs. Shrikant S. Shinde ✔
• (2) Sambhu Ram Yadav vs. Hanuman Das Khatry
• (3) Noratanman Courasia vs. M. R. Murali
• (4) None of the above

Answer: (1)

N.G. Dastane v. Shrikant S. Shinde (2001).

Code of Civil Procedure · Key corrected

Q77. Where territorial jurisdiction of a Court is transferred after passing a decree, an execution application may be filed—

• (1) In the Court which had passed the decree
• (2) In the Court to which territorial jurisdiction was transferred only
• (3) In either of the Court under (1) or (2) ✔
• (4) In any Court in India

Answer: (3)

s. 37 CPC, Explanation — both the court that passed the decree and the court that now has the territory can execute it.

Note: The published key gives (1).

Code of Civil Procedure

Q78. Identify a case where set off can be pleaded.

• (1) Claim for unliquidated damages
• (2) Suit for recovery of ascertained sum of money ✔
• (3) Suit for a sum legally non- recoverable
• (4) None of the above

Answer: (2)

O. 8 R. 6 — set-off needs an ascertained sum legally recoverable.

Code of Civil Procedure

Q79. Where the right to the discovery or the inspection sought depends on the determination of any issue in the suit, the Court may try that issue as a before deciding upon the right to discovery or inspection.

• (1) Special issue
• (2) Preliminary issue ✔
• (3) Res judicata
• (4) Res sub judice

Answer: (2)

O. 11 R. 19 — the issue may be tried as a preliminary issue.

Arbitration & ADR

Q80. The Supreme Court in ……… held that irrespective of where the ‘central management and control is exercised’ by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.

• (1) TDM Infrastructure (P) Ltd. vs. UE Development India (P) Ltd. ✔
• (2) Corned Chemicals Ltd. VS. C.N. Ramchand
• (3) Shreejee Traco (I) Pvt. Ltd. VS. Paperline International Inc
• (4) Bhatia International vs. Bulk Trading

Answer: (1)

TDM Infrastructure v. UE Development India (2008).

Arbitration & ADR

Q81. The judgment in… skews the delicate balance, carefully crafted by the Model Law (and enshrined in Section 34), between finality of arbitral awards on one hand and permissible judicial review on the other.

• (1) Renu Sagar Power Co vs. General Electric Corporation
• (2) ONGC vs. Saw Pipes Ltd. ✔
• (3) Sundaram Finance vs. NEPC
• (4) Olympus Superstructures Pvt. Ltd vs. Meena Vijay Khetan

Answer: (2)

ONGC v. Saw Pipes (2003) widened “public policy” to cover patent illegality.

Arbitration & ADR

Q82. Which Section of the 1996 Arbitration Act permits the parties to engage in conciliation process even while the arbitral proceedings are on?

• (1) Section 30 ✔
• (2) Section 10
• (3) Section 40
• (4) Section 20

Answer: (1)

s. 30 A&C Act — settlement during arbitral proceedings.

Code of Civil Procedure

Q83. When a decree is transferred for execution to another Court and if the decree holder holder has · reasons to apprehend that the judgment debtor will dispose of the property before it is attached by the other Court, he may apply to the Court which passed the decree to issue a…. attach the property at once.

• (1) Caveat
• (2) Restitution order
• (3) Attachment order
• (4) Precept ✔

Answer: (4)

s. 46 CPC — precept.

Contract & Property

Q84. Peek vs. Gurney is a famous case relating to –

• (1) Mistake
• (2) Misrepresentation ✔
• (3) Fraud
• (4) Frustration of contract

Answer: (2)

Peek v. Gurney (1873) — liability for misrepresentation in a prospectus.

CrPC / BNSS

Q85. The police officer executing the warrant may use adequate force to access the place where search is to be conducted when—

• (1) A free ingress is not possible ✔
• (2) The occupant of the place is a hardened criminal and there is possibility to escape
• (3) The area is in such a nature that problem may arise at any time
• (4) One of these

Answer: (1)

s. 47 CrPC (s. 44 BNSS) — force may be used if free ingress cannot be obtained.

CrPC / BNSS

Q86. An Executive Magistrate may require security for keeping good behavior from habitual offenders for a period not more than-

• (1) 6 months
• (2) 3 months
• (3) 1 year
• (4) 3 years ✔

Answer: (4)

s. 110 CrPC — up to three years.

CrPC / BNSS

Q87. As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be. followed for the trial shall be of-

• (1) The complaint case
• (2) The case instituted on the police report ✔
• (3) Both as per the convenience during the trial
• (4) None of these

Answer: (2)

s. 210 CrPC (s. 233 BNSS) — the case proceeds as one instituted on a police report.

Torts, MV & Consumer

Q88. Pigeon Hole theory was proposed by

• (1) Winfield
• (2) Salmond ✔
• (3) Black Stone
• (4) Lord Knight

Answer: (2)

Salmond’s “pigeon-hole” theory — there is a law of torts, not of tort.

Torts, MV & Consumer · Law changed

Q89. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the…. within a period of ……….. days from the date of the order-

• (1) State Commission, 30 ✔
• (2) State Tribunal, 30
• (3) State Forum, 30
• (4) State Commission, 60

Answer: (1)

Under the 1986 Act, appeal to the State Commission within 30 days.

Law now: Under s. 41 of the 2019 Act the period is 45 days.

Torts, MV & Consumer

Q90. According to The Consumer Protection Act, 1986 what is the limitation period applicable to the three forums in entertaining a complaint?

• (1) 2 years from the date on which the cause of action has arisen ✔
• (2) 2 years from which the article was purchased
• (3) 3 years
• (4) None of the above

Answer: (1)

s. 24A — two years from the date the cause of action arose (now s. 69 of the 2019 Act).

Evidence / BSA

Q91. A sees B running away from a room and afterwards sees C lying down in a pool of blood in the same room. A’s evidence in as far as seeing running away is direct but as far as the murder is concerned, it is a-

• (1) Primary evidence
• (2) Circumstantial evidence ✔
• (3) Real evidence
• (4) Substantial evidence

Answer: (2)

Seeing B run away is direct; as to the murder it is circumstantial evidence.

Torts, MV & Consumer

Q92. The National Consumer Dispute Redressal Commission constituted in the year was

• (1) 1998
• (2) 1988 ✔
• (3) 1999
• (4) 2000

Answer: (2)

The National Commission was constituted in 1988.

Evidence / BSA

Q93. Expert opinion under Section 45 is—

• (1) A conclusive proof
• (2) Not a conclusive proof
• (3) Supportive and corroborative in nature ✔
• (4) None of these

Answer: (3)

Expert opinion is advisory and corroborative, never conclusive.

Labour Law

Q94. Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions.

• (1) Jay Engineering Works Ltd. vs. State of West Bengal
• (2) Railway Union vs. Regd. of Trade Unions
• (3) ONGC Workmens Association vs. State of West Bengal
• (4) Hanumantha Rao vs. Dy. Registrar of Trade Unions ✔

Answer: (4)

Hanumantha Rao v. Deputy Registrar of Trade Unions — internal democracy in trade unions.

Constitutional Law

Q95. Which Article under the Constitution of India talks about the participation of workers in the management of Industries?

• (1) 43
• (2) 43-A ✔
• (3) 43-B
• (4) 42

Answer: (2)

Art. 43-A (42nd Amendment).

Labour Law

Q96. “Mere illegality of the strike does not per se spell unjustifiability”. J. Krishna Iyer. In which case declared so –

• (1) Chandramalai Estate vs. Its workmen
• (2) Associated Cement Ltd. vs. Their workmen
• (3) Gujarat Steel Tubes vs. Gujarat Steel Tubes Mazdoor Sabha ✔
• (4) Indian General Navigation of Railway Co. Ltd. vs. Their workmen

Answer: (3)

Gujarat Steel Tubes v. Gujarat Steel Tubes Mazdoor Sabha (1980).

Evidence / BSA

Q97. A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as-

• (1) Extra-judicial confession
• (2) Judicial confession
• (3) Retracted confession ✔
• (4) Voluntary confession

Answer: (3)

A retracted confession.

Labour Law

Q98. Entry No. 22 of the Concurrent List deals with-

• (1) Social security and insurance, employment and unemployment
• (2) Industrial disputes concerning Union employees
• (3) Trade unions and industrial and labour disputes ✔
• (4) Regulation of labour and safety in mines and oil fields

Answer: (3)

Entry 22, List III — trade unions; industrial and labour disputes.

Torts, MV & Consumer

Q99. In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable-

• (1) Possession of certain animals and abnormally dangerous activities ✔
• (2) Assault and battery
• (3) Battery and negligence
• (4) None of the above

Answer: (1)

Dangerous animals and abnormally dangerous activities.

Labour Law · Key corrected

Q100. Pick out the case that is popularly called as the Solicitor’s Case.

• (1) Ahmedabad Textile Industry’s Research Association vs. State of Bombay
• (2) National Union of Commercial Employees vs. Industrial Tribunal Bombay ✔
• (3) Salem Advocates Bar Association vs. Union of India
• (4) Central Machine Tools Institute vs. Dy. Registrar of Trade Unions

Answer: (2)

National Union of Commercial Employees v. M.R. Meher (1962) — the Solicitors’ case: a solicitor’s firm is not an industry.

Note: The published key gives (3).