AIBE 6 (VI) 2014 Question Paper with Answers and Explanations: All 100 Questions Solved

Read this first

• 2 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.
• 3 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).

CrPC / BNSS

Q1. The Criminal Procedure Code ensures that

• (1) Principle of separation of powers of each of the State is not breached ✔
• (2) Principle of combined of powers of each limb of the State is not breached.
• (3) (1) and (2)
• (4) Principle of separation of powers of each limb of the State is breached.

Answer: (1)

The Code keeps judicial and executive magistracy apart, giving effect to Art. 50 — separation of the judiciary from the executive.

CrPC / BNSS

Q2. Section 6 of the Cr.P.C. defines?

• (1) Classes of Criminal Courts ✔
• (2) Classes of District Courts
• (3) Classes of Municipal Courts
• (4) Classes of Civil Courts

Answer: (1)

s. 6 CrPC (s. 6 BNSS) — classes of criminal courts.

CrPC / BNSS

Q3. When an offence is bailable:

• (1) A person has no right to be released on bail upon arrest.
• (2) A person has a right to be released on bail upon arrest. ✔
• (3) A right to be released is dependent on the exercise of judicial discretion.
• (4) A person shall be released within 24 hours.

Answer: (2)

s. 436 CrPC (s. 478 BNSS) — in a bailable offence the accused has a right to bail.

CrPC / BNSS

Q4. As per section 273 of Cr.P.C., how evidence is to be taken?

• (1) In the presence of accused.
• (2) When personal attendance of the accused is dispensed with, in the presence of his pleader.
• (3) In presence of police
• (4) Both (1) and (2) ✔

Answer: (4)

s. 273 CrPC (s. 308 BNSS) — evidence is taken in the accused’s presence or, if attendance is dispensed with, his pleader’s.

CrPC / BNSS

Q5. If a woman sentenced to death is found to be pregnant, the High Court shall Order the execution of the sentence

• (1) To be postponed.
• (2) If thinks fit commute the sentence to imprisonment for life. ✔
• (3) Sent for medical assistance
• (4) Non- Judicial mandate of powers.

Answer: (2)

s. 416 CrPC (s. 481 BNSS) — the High Court shall commute the death sentence of a pregnant woman to imprisonment for life.

CrPC / BNSS

Q6. Under which section of the Cr.P.C, the procedure when investigation cannot be completed within twenty-four hours has been described?

• (1) Sec.165
• (2) Sec.167 ✔
• (3) Sec.166
• (4) Sec.164

Answer: (2)

s. 167 CrPC (s. 187 BNSS) — procedure when investigation cannot be completed in 24 hours.

CrPC / BNSS

Q7. What is provided by the Code of Criminal Procedure 1973?

• (1) The Code provides the procedure for the implementation of the criminal justice system
• (2) It provides the mechanism for the investigation in to trial of offences
• (3) The code provides the procedure for the implementation of the civil justice system.
• (4) (1) and (2) ✔

Answer: (4)

The Code lays down the machinery for investigation and trial, i.e. the procedural side of criminal justice.

CrPC / BNSS

Q8. As per section 2(c) a cognizable offence is

• (1) Where a police officer may arrest without warrant. ✔
• (2) Where a police officer may not arrest without warrant
• (3) Where a police officer may arrest with permission of a court
• (4) Any person in the public can arrest

Answer: (1)

s. 2(c) CrPC — a cognizable offence is one in which the police may arrest without warrant.

CrPC / BNSS

Q9. Section 100 of the Cr.P.C. refers to

• (1) Seizure
• (2) Search ✔
• (3) Summons
• (4) Search-warrants

Answer: (2)

s. 100 CrPC (s. 103 BNSS) — persons in charge of a closed place to allow search.

CrPC / BNSS · Law changed

Q10. Is there any maximum period for which an under- trial can be detained under Section 436. A of the Cr.P.C.,

• (1) Yes, half of the Maximum period of imprisonment specified for that offence ✔
• (2) No period is prescribed
• (3) Court can decide
• (4) Maximum 90 days

Answer: (1)

s. 436A CrPC — an undertrial who has served half the maximum sentence must be released on bond.

Law now: s. 479 BNSS reduces this to one-third for first-time offenders.

Evidence / BSA

Q11. Presumption of law is

• (1) Discretionary and rebuttable
• (2) Mandatory and rebuttable
• (3) Mandatory and irrebuttable ✔
• (4) All of the above

Answer: (3)

“Conclusive proof” (s. 4, now s. 2(1)(b) BSA) is a mandatory, irrebuttable presumption of law.

Note: “Shall presume” presumptions are also presumptions of law, but rebuttable — so (2) describes the other kind.

Constitutional Law

Q12. In Selvi’s case, the Supreme Court of India examined the constitutionality of tests like Narco Analysis, Polygraph and Brain Mapping on the touchstones of

• (1) Art. 20(3) and Art. 21 ✔
• (2) Art. 21 and Art. 23(2)
• (3) Art 23 and Art. 21
• (4) Art. 20(2) and Art. 20(1)

Answer: (1)

Selvi v. State of Karnataka (2010) — tested on Art. 20(3) (self-incrimination) and Art. 21.

Evidence / BSA

Q13. According to the Law Commission of India 69th Report, S.27 of the Indian Evidence Act is based on the

• (1) Doctrine of introspection
• (2) Doctrine of testimonial incrimination
• (3) Doctrine of confirmation ✔
• (4) None of the above

Answer: (3)

s. 27 rests on confirmation by subsequent facts — the discovery guarantees the truth of that part of the statement.

Evidence / BSA

Q14. S.99 of the Indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle

• (1) Pacta tertii nec nocent nec prosunt ✔
• (2) Pacta sunt servanda
• (3) Action personalis moriturcum persona
• (4) None of the above

Answer: (1)

Pacta tertii nec nocent nec prosunt — agreements neither bind nor benefit strangers, who may therefore show the true agreement.

Evidence / BSA

Q15. Burden of proving that person is alive who has not been heard of for seven years is on whom

• (1) One who denies it
• (2) One who affirms it ✔
• (3) Any third person/stranger
• (4) None of the above

Answer: (2)

s. 108 (s. 111 BSA) — after seven years unheard of, the burden is on the person who affirms the person is alive.

Evidence / BSA

Q16. The Court’s discretion to permit leading questions is confined only to matters which are

• (1) Introductory facts.
• (2) Undisputed facts
• (3) Facts already sufficiently proved to the satisfaction of the court
• (4) All the above ✔

Answer: (4)

s. 142 (s. 145 BSA) — leading questions are allowed in chief as to introductory, undisputed or sufficiently proved matters.

Evidence / BSA

Q17. The question is whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder as committed, are relevant facts under

• (1) S.7 ✔
• (2) S.6
• (3) S.8
• (4) S.11

Answer: (1)

Illustration (c) to s. 7 (s. 5 BSA) — facts that are the occasion, cause or effect of facts in issue.

Evidence / BSA

Q18. S.93 of the Indian Evidence Act treats the patent ambiguity as

• (1) Curable
• (2) Incurable ✔
• (3) Proper
• (4) None of the above

Answer: (2)

s. 93 (s. 94 BSA) — evidence cannot cure a patent ambiguity.

Contract & Property

Q19. A promise or set of promises forming consideration to each other – is known as

• (1) Proposal
• (2) Consideration
• (3) Agreement ✔
• (4) Contract

Answer: (3)

s. 2(e) — every promise and every set of promises forming consideration for each other is an agreement.

Contract & Property

Q20. A past consideration under Indian Law

• (1) Invalid
• (2) Valid ✔
• (3) Void
• (4) Voidable

Answer: (2)

s. 2(d) — “has done or abstained” — past consideration is good consideration in India.

Contract & Property

Q21. Caveat emptor means

• (1) Purchaser beware ✔
• (2) Seller beware
• (3) Things outside commerce
• (4) A warning letter

Answer: (1)

Caveat emptor — let the buyer beware.

Contract & Property

Q22. Consensus ad idem means

• (1) Good faith
• (2) Opinion of third parties
• (3) Opinion of the offeree
• (4) Meeting of the minds ✔

Answer: (4)

Consensus ad idem — meeting of the minds (s. 13).

Contract & Property

Q23. Agreement in restraint of marriage is

• (1) Contingent contract
• (2) Wager
• (3) Void ✔
• (4) Valid

Answer: (3)

s. 26 — an agreement in restraint of marriage is void.

Contract & Property · Key corrected

Q24. A tells B, the shopkeeper, “Give Z the Goods, I will see you paid” – this contract is

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

Answer: (3)

“I will see you paid” is a collateral promise to answer for Z’s debt — a guarantee (Birkmyr v. Darnell).

Note: The published key gives (4), indemnity.

Contract & Property

Q25. A contract to perform the promise or discharge the liability of a third person in case of his default is a contract of –

• (1) Guarantee ✔
• (2) Default
• (3) Indemnity
• (4) Partnership

Answer: (1)

s. 126 — contract of guarantee.

Contract & Property

Q26. “He who does an act through another, does it himself” is a contract of

• (1) Sale
• (2) Purchase
• (3) Agency ✔
• (4) Partnership

Answer: (3)

Qui facit per alium facit per se — the basis of agency.

Contract & Property

Q27. When at the desire of the promisor, the promise or any other person has done or abstained from doing something or does or abstains from doing something or promises to do or abstain from doing something, such act or abstinence or promise is called a

• (1) Proposal
• (2) Consideration ✔
• (3) Acceptance
• (4) Agreement

Answer: (2)

s. 2(d) — consideration.

Contract & Property

Q28. X owes Y Rs.20, 000 but this debt is barred by Limitation Act. X executes a written promise to pay B Rs.15, 000 on account of debt. This is

• (1) Invalid
• (2) Void
• (3) Valid ✔
• (4) Voidable

Answer: (3)

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

Contract & Property

Q29. When a negotiable instrument is delivered conditionally or for a special purpose as a collateral security or for safe custody only, and not for the purpose of transferring absolutely property therein, it is called

• (1) Fictitious Bill
• (2) Inchoate instrument
• (3) Escrow ✔
• (4) Clean Bill

Answer: (3)

Escrow — an instrument delivered conditionally or for a special purpose (s. 46 NI Act).

Contract & Property

Q30. Which one of the following is a promissory note when A signs the instrument?

• (1) I promise to pay B or order Rs. 10,000/- on demand ✔
• (2) Mr. B. I. Owe. You. Rs. 10,000
• (3) I promise to pay B Rs. 10,000/- and such other sums which shall be due to him
• (4) I promise to pay B on his request Rs. 10,000/- on the death of X

Answer: (1)

s. 4 NI Act — an unconditional undertaking to pay a certain sum to a certain person; the other forms fail its illustrations.

Contract & Property

Q31. Transfer of Property Act applies to transfers

• (1) By partition in a joint family
• (2) Inter vivos ✔
• (3) Both between animate and inanimate objects
• (4) Between living and non-living persons

Answer: (2)

s. 5 TPA — transfer of property means transfer inter vivos.

Contract & Property

Q32. A transfer’s 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. The interest so created for the benefit of the eldest son

• (1) Does not take effect ✔
• (2) Takes effect
• (3) Partially takes effect
• (4) None of the above

Answer: (1)

Illustration to s. 13 TPA — the interest for the unborn eldest son for life does not take effect.

Contract & Property

Q33. A transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability – is called

• (1) Sale
• (2) Gift
• (3) Mortgage ✔
• (4) Lease

Answer: (3)

s. 58 TPA — mortgage.

Contract & Property

Q34. A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a

• (1) Oral agreement
• (2) Written agreement
• (3) Partition
• (4) Registered instrument ✔

Answer: (4)

s. 107 TPA — such a lease can be made only by a registered instrument.

Contract & Property · Law changed

Q35. Specific performance of contract can be ordered, at discretion of Court

• (1) When the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief ✔
• (2) When the act agreed to be done is such that compensation in money for non-performance will give sufficient relief
• (3) Contract, performance of which involves a continuous duty, which Court cannot supervise
• (4) Specific performance of contract of personal nature cannot be ordered.

Answer: (1)

Old s. 10 SRA — where money compensation would not afford adequate relief.

Law now: Since the 2018 amendment, specific performance is no longer discretionary under s. 10.

Contract & Property

Q36. Under Section 9 of Specific Relief Act, the person against whom the relief is claimed may plead by way of defense any ground which is available to him

• (1) Under law of trots
• (2) Under any law relating to contracts ✔
• (3) Under IPC
• (4) Under Cr.P.C.

Answer: (2)

s. 9 SRA — any defence available under the law relating to contracts.

Contract & Property

Q37. The following contract cannot be specifically enforced

• (1) A contract the performance of which involves the performance of a continuous duty which the court cannot supervise. ✔
• (2) A contract the performance of which involves the performance of a continuous duty which the court can supervise.
• (3) A Tort the discharge of which involves the performance of a continuous obligation
• (4) A contract for the non-performance of which compensation is not adequate relief

Answer: (1)

s. 14 SRA — a contract involving a continuous duty that the court cannot supervise.

Contract & Property

Q38. A sells a TV to a minor, who pays for it by means of a cheque. A indorses that cheque to X. X takes it in good faith and for value. This Cheque was dishonoured on presentation. X can enforce payment of the cheque

• (1) Against Minor
• (2) Against Minor and A
• (3) Against A only ✔
• (4) Cannot enforce against any body

Answer: (3)

s. 26 NI Act — a minor’s endorsement binds all parties except the minor; A, as endorser, is liable to X.

Professional Ethics

Q39. Who has the authority to prescribed qualifications and disqualifications for membership of a Bar Council?

• (1) State Bar Councils
• (2) Bar Council of India. ✔
• (3) Supreme Court of India
• (4) Supreme Court Bar Association

Answer: (2)

The Bar Council of India prescribes these under the Advocates Act (ss. 3(4), 49).

Professional Ethics

Q40. Indian Council of Legal Aid and Advise v. BCI case deals with the issue of

• (1) Prescribing pre-enrolment training for advocates
• (2) Prescribing minimum qualification for an advocate
• (3) Prescribing uniform attire for the advocates appearing in the court of law
• (4) Prescribing age bar on enrolment of advocates ✔

Answer: (4)

Indian Council of Legal Aid and Advice v. BCI (1995) — the bar on enrolment of persons above 45 was struck down.

Professional Ethics

Q41. For transfer of roll from one state to another, an application is made to the

• (1) Bar Council of India ✔
• (2) State Bar council where one is enrolled
• (3) State bar council where one seeks transfer
• (4) High court of the state where one is enrolled

Answer: (1)

s. 18 Advocates Act — application to the Bar Council of India for transfer to another State roll.

Professional Ethics

Q42. Which of the following committee’s cannot be constituted by State Bar Council

• (1) Special Committee
• (2) Disciplinary Committee.
• (3) Legal Aid Committee
• (4) Legal Education Committee ✔

Answer: (4)

The Legal Education Committee is a committee of the Bar Council of India (s. 10(2)(b)), not of a State Bar Council.

Code of Civil Procedure

Q43. In which year by an amendment of the Code of Civil Procedure Sec.89 has been included in the code, which gives importance to mediation, conciliation and arbitration.

• (1) 2002 ✔
• (2) 2004
• (3) 2013
• (4) 2012

Answer: (1)

s. 89 was inserted by the 1999 amendment, in force from 1 July 2002.

Arbitration & ADR

Q44. Under THE ARBITRATION AND CONCILIATION ACT an arbitration agreement may be in the form of

• (1) an arbitration clause in a contract only
• (2) in the form of a separate agreement only
• (3) an arbitration clause in a contract or in the form of a separate agreement ✔
• (4) commercial custom

Answer: (3)

s. 7(2) A&C Act — a clause in a contract or a separate agreement.

Arbitration & ADR

Q45. A decision by the arbitral tribunal that the contract is null and void shall

• (1) Entail ipso jure the invalidity of the arbitration clause.
• (2) Not entail ipso jure the invalidity of the arbitration clause. ✔
• (3) Entail defac to invalidity of the arbitration clause.
• (4) None of the above

Answer: (2)

s. 16(1)(b) — the arbitration clause is independent; the contract’s invalidity does not ipso jure invalidate it.

Arbitration & ADR

Q46. The arbitral tribunal shall not be bound by the

• (1) Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 ✔
• (2) The Indian Evidence Act, 1872.
• (3) Code of Civil Procedure, 1908.
• (4) None of the above

Answer: (1)

s. 19 A&C Act — not bound by the CPC or the Evidence Act.

Code of Civil Procedure

Q47. Claim made by the defendant in a suit against the plaintiff

• (1) Cross claim
• (2) Cross suit
• (3) Counter claim ✔
• (4) Cross decree

Answer: (3)

Order 8 Rule 6A CPC — counter-claim.

Code of Civil Procedure

Q48. Interpleader suit is dealt with in which of the following sections of C.P.C.?

• (1) Section 87
• (2) Section 88 ✔
• (3) Section 89
• (4) Section 90

Answer: (2)

s. 88 CPC — interpleader suit.

Code of Civil Procedure

Q49. As required by S.80 C.P.C, the suit can be instituted after the expiry of—– of notice

• (1) 1 month
• (2) 2 months ✔
• (3) 60 days
• (4) 30 days

Answer: (2)

s. 80 CPC — two months after delivery of notice.

Code of Civil Procedure

Q50. Under S.2 (2) of C.PC. Rejection of a plaint is

• (1) Decree
• (2) Deemed decree ✔
• (3) Cross decree
• (4) Cross appeal

Answer: (2)

s. 2(2) CPC includes rejection of a plaint in “decree” — a deemed decree.

Constitutional Law

Q51. Ratilal v. State of Bombay is a popular case on the point of

• (1) Res judicata
• (2) Res sub-judice
• (3) Restitution
• (4) Doctrine of Cy-pres ✔

Answer: (4)

Ratilal Panachand Gandhi v. State of Bombay (1954) considered the cy-pres application of religious trust funds under Arts. 25-26.

Code of Civil Procedure

Q52. Pick out the case u/S. 58 (1-A), in which arrest or detention in civil prison is not maintainable.

• (1) A judgment debtor, where decretal amount does not exceed Rs. 5,000
• (2) A judgment debtor where decretal amount is does not exceed Rs.2,500- 2500
• (3) A judgment debtor where decretal amount is does not exceed Rs.2000 ✔
• (4) A judgment debtor where decretal amount is does not exceed Rs.1,000

Answer: (3)

s. 58(1A) CPC — no detention where the decree is for payment of Rs. 2,000 or less.

Code of Civil Procedure · Key corrected

Q53. A precept seeks to…………….. of the judgement debtor.

• (1) Attach the property ✔
• (2) Prevent alienation of property of the
• (3) Prevent attachment and alienation
• (4) None of the above.

Answer: (1)

s. 46 CPC — a precept directs another court to attach the judgment-debtor’s property.

Note: The published key gives (2) — preventing alienation is the purpose of the attachment.

Code of Civil Procedure

Q54. R.90 of Order 21 deals with

• (1) Pre-sale illegalities committed in the execution
• (2) Post-sale irregularities causing substantial injury to judgment debtor ✔
• (3) Both a and b
• (4) None of the above.

Answer: (2)

O. 21 R. 90 — a sale may be set aside for material irregularity or fraud in publishing or conducting it that caused substantial injury.

Code of Civil Procedure

Q55. The place of suing in a suit for partition will be

• (1) Court within whose jurisdiction the person is residing
• (2) Court within whose jurisdiction the elder person of the family resides
• (3) Court within whose jurisdiction the entire property of the family is situated.
• (4) Court within whose jurisdiction the immovable property is situated ✔

Answer: (4)

s. 16 CPC — partition of immovable property: where the property is situate.

Code of Civil Procedure

Q56. Appeal against a decree or order can be filed in a High Court within

• (1) 60 days
• (2) 30 days
• (3) 90 days ✔
• (4) 91 days

Answer: (3)

Article 116 Limitation Act — appeal to a High Court: 90 days.

Limitation Act

Q57. Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability,

• (1) a fresh period of limitation shall be computed from the time when the acknowledgement was so signed. ✔
• (2) limitation shall be computed from the time when originally the signature has been given
• (3) a fresh period of limitation shall not be computed from the time when the acknowledgement was so signed.
• (4) None of the above

Answer: (1)

s. 18 Limitation Act — a written, signed acknowledgment gives a fresh period of limitation.

Limitation Act

Q58. The period of limitation for an action by a principal against his agent for movable property received by the latter and not accounted for is

• (1) 12 years
• (2) 3 years ✔
• (3) 5 years
• (4) No limitation

Answer: (2)

Article 4 Limitation Act — three years.

Company Law & NI Act

Q59. Which of following is a ground recognized under the Companies Act for automatic adjournment of the General Meeting.

• (1) Absence of Chairman of the meeting
• (2) Quorum of the meeting is not present ✔
• (3) Meeting is held at a place different from what was prescribed in the notice
• (4) Death of any of the directors prior to the meeting

Answer: (2)

Want of quorum adjourns the meeting automatically (s. 103(2) Companies Act, 2013).

Company Law & NI Act

Q60. Which of the following meetings can be called by members

• (1) Extra-ordinary General Meeting ✔
• (2) Annual General Meeting
• (3) Statutory meeting
• (4) Special meeting

Answer: (1)

Members may requisition an extraordinary general meeting (s. 100 Companies Act, 2013).

Company Law & NI Act

Q61. Which of the following powers can be exercised by the Board of Directors without holding a meeting

• (1) Power to issue debentures
• (2) Power to invest funds of the company
• (3) Power to make loans
• (4) Power to appoint of additional director ✔

Answer: (4)

Issuing debentures, investing funds and making loans need a Board meeting (s. 179(3)); appointing an additional director does not.

Company Law & NI Act

Q62. Which of following is not a ground for compulsory winding up of a company

• (1) Oppression of minority
• (2) Loss of substratum
• (3) Non-holding of annual general meeting ✔
• (4) Losses to the company

Answer: (3)

Failure to hold an AGM is punishable but is not a ground for compulsory winding up.

IPC / BNS

Q63. Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion is dealt under

• (1) Section 385 IPC
• (2) Section 386 IPC
• (3) Section 387 IPC ✔
• (4) Section 388 IPC

Answer: (3)

s. 387 IPC (now within s. 308 BNS) — putting a person in fear of death or grievous hurt in order to commit extortion.

IPC / BNS

Q64. F invited C to have a fix of his heroin. Each filled his own syringe and injected each other several times one night. Next morning F died on the question of causation:

• (1) C must be convicted of manslaughter ✔
• (2) must not be convicted of manslaughter
• (3) C can be convicted for the possession of heroin only
• (4) C is neither guilty of possessing heroin nor the death of F

Answer: (1)

By injecting F, C directly caused the death in the course of an unlawful act — manslaughter.

IPC / BNS

Q65. Literally, mens rea means

• (1) Guilty mind
• (2) Guilty or a wrongful purpose
• (3) Criminal intent, a guilty knowledge and wilfulness
• (4) All of the above ✔

Answer: (4)

Mens rea denotes a guilty mind, guilty purpose, criminal intent or guilty knowledge.

IPC / BNS

Q66. In which of the following cases mens rea is not an essential ingredient for offences under:

• (1) Revenue Acts.
• (2) Public Nuisance
• (3) Criminal case which are in summary mode
• (4) All of these ✔

Answer: (4)

Revenue offences, public nuisance and summary regulatory offences are commonly of strict liability.

IPC / BNS

Q67. Actus non facit reum, nisi mens sit rea means?

• (1) A deed, a material result of human conduct
• (2) The intent and act must both concur to constitute the crime. ✔
• (3) Putting to death
• (4) Un commended manner

Answer: (2)

An act does not make one guilty unless the mind is also guilty — act and intent must concur.

IPC / BNS

Q68. Cheating and thereby dishonesty inducing delivery of property, or the making alteration. or destruction of a valuable security is dealt under

• (1) Section 417 IPC
• (2) Section 418 IPC
• (3) Section 419 IPC
• (4) Section 420 IPC ✔

Answer: (4)

s. 420 IPC (s. 318(4) BNS).

Jurisprudence

Q69. Etymologically what is meant by Jurisprudence?

• (1) Knowledge of law ✔
• (2) Science of law
• (3) Science of origin
• (4) Knowledge of origin

Answer: (1)

Juris prudentia — knowledge (or skill) of law.

Jurisprudence

Q70. What is meant by the term ‘General Law”?

• (1) It consists of general ordinary law of the land.
• (2) It consists of those legal rules which are taken judicial notice of by the court
• (3) It consists of those bodies and legal rules which are exceptional in nature.
• (4) (1) and (2) ✔

Answer: (4)

Salmond: general law is the ordinary law of the land, of which courts take judicial notice.

Jurisprudence

Q71. According to the theory of ‘social utilitarianism’ as propounded by Inhering:

• (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.

Family Law

Q72. A is the mother of B. She becomes a widow and re- marries. B dies. Can A succeed to him as mother? (Both are Hindus)

• (1) No
• (2) Yes ✔
• (3) Depends on their School
• (4) Only when B has no sons

Answer: (2)

The mother is a Class I heir (s. 8 HSA); remarriage does not disqualify her.

Family Law

Q73. Referring to Section 6 of Hindu Minority and Guardianship Act the Supreme Court observed that the words “after him “does not mean ‘after the life time of the father’. Indeed, it means ‘in the absence of. If the father is non-functional as guardian for various reasons like indifference, physical or mental incapacity, away from the place where the child lives with the mother, by mutual understanding, it may be treated as the ‘absence’ of the father. In which case?

• (1) Lily Thomas case
• (2) Sarla Mudgal case
• (3) Githa Hariharan case ✔
• (4) Goverdhan Lal case

Answer: (3)

Githa Hariharan v. Reserve Bank of India (1999).

Family Law

Q74. By a recent amendment the daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son Which Amendment?

• (1) The Hindu Succession (Amendment) Act, 2004
• (2) The Hindu Succession (Amendment) Act, 2005 ✔
• (3) The Hindu Succession (Amendment) Act, 2006
• (4) The Hindu Succession (Amendment) Act, 2012

Answer: (2)

Hindu Succession (Amendment) Act, 2005.

Family Law

Q75. Shamim Ara v State of U.P. relates to

• (1) The condition precedent for a Muslim husband for rendering divorce is the pronouncement of divorce which has to be proved on evidence ✔
• (2) Option of puberty
• (3) Guardianship in Marriage
• (4) Dower

Answer: (1)

Shamim Ara v. State of U.P. (2002) — talaq must be pronounced and proved; an averment in a written statement is not talaq.

Labour Law · Law changed

Q76. The provision under the Industrial Disputes Act, 1947 which guarantees the right of workmen laid- off to claim for compensation

• (1) S.25-C ✔
• (2) S. 26
• (3) S.25-0
• (4) S.25-A

Answer: (1)

s. 25-C ID Act.

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

Labour Law

Q77. The number of persons required to form trade union

• (1) 6
• (2) 7 ✔
• (3) 8
• (4) 9

Answer: (2)

s. 4 Trade Unions Act — any seven or more members may apply for registration.

Note: Since 2001 the union must also have 10% or 100 of the workmen, whichever is less.

Labour Law

Q78. The temporary closing of the work place or suspension of the work at work place by the employer is known as

• (1) Lay off
• (2) Lock out ✔
• (3) Retrenchment
• (4) None of the above

Answer: (2)

s. 2(l) ID Act — lock-out.

Labour Law

Q79. Which of the following acts has a direct relevance for grievance handling practices?

• (1) The Industrial Disputes Act
• (2) Factories Act
• (3) The Industrial Employment (Standing Order) Act
• (4) all the above ✔

Answer: (4)

All three statutes bear on grievance handling.

Labour Law

Q80. Section 10A of the Industrial disputes Act refers to

• (1) Voluntary reference of disputes to arbitration ✔
• (2) Definition of Workman
• (3) Definition of industry
• (4) Appeals

Answer: (1)

s. 10A ID Act — voluntary reference of disputes to arbitration.

Labour Law

Q81. ‘Wages’ under Workmen’s Compensation Act

• (1) Includes any privilege or benefit which is capable of being estimated in money ✔
• (2) Does not include any privilege or benefit which is capable of being estimated in money
• (3) Includes any privilege or benefit which is not capable of being estimated in money
• (4) None of the above

Answer: (1)

Wages include any privilege or benefit capable of being estimated in money.

Administrative Law

Q82. Writ of Certiorari is issued against

• (1) Lower courts or quasi-judicial bodies ✔
• (2) Public Officials
• (3) Wrongful confinement
• (4) Usurpation of public office

Answer: (1)

Certiorari issues to courts and quasi-judicial bodies.

Administrative Law

Q83. Audi Alteram Partem – means

• (1) Bias
• (2) Hear the other side ✔
• (3) No one can be a judge in his own case
• (4) None of the above

Answer: (2)

Audi alteram partem — hear the other side.

Administrative Law

Q84. The Second Administrative Reforms Commission is constituted

• (1) 31st August 2004
• (2) 31st August 2006
• (3) 31st August 2005 ✔
• (4) 31st August 2007

Answer: (3)

The Second Administrative Reforms Commission was constituted on 31 August 2005.

Torts, MV & Consumer

Q85. The type of damages awarded in the law of torts

• (1) Liquidated Damages
• (2) Unliquidated damages ✔
• (3) Penal damages
• (4) Exemplary damages

Answer: (2)

Tort remedies are unliquidated damages.

Torts, MV & Consumer

Q86. Ashby v White is an example of

• (1) Damnum sine injuria
• (2) Uberremifide
• (3) Injuria sine damnum ✔
• (4) Usufruct

Answer: (3)

Ashby v. White (1703) — injuria sine damno.

Torts, MV & Consumer

Q87. The Supreme Court of India invoked the principle of absolute liability on an enterprise carrying on business with hazardous and inherently dangerous toxic chemicals in

• (1) Ganga Pollution case
• (2) Fletcher case
• (3) Sri Ram Fertilizers case ✔
• (4) Prabhu dayal case

Answer: (3)

M.C. Mehta v. Union of India (1987), the Shriram case.

Torts, MV & Consumer

Q88. Res ipsa loquitor – means

• (1) Things speak for themselves ✔
• (2) Tithes imperiled
• (3) Vicarious liability
• (4) Dangerous animals

Answer: (1)

Res ipsa loquitur — the thing speaks for itself.

Torts, MV & Consumer

Q89. A motor cycle with engine capacity not exceeding 50cc may be driven in a public place by a person

• (1) after attaining the age of sixteen years ✔
• (2) after attaining the age of eighteen years
• (3) after attaining the age of fifteen years
• (4) after attaining the age of twenty-one years

Answer: (1)

s. 4(2) MV Act — a motor cycle up to 50 cc may be driven at sixteen.

Torts, MV & Consumer

Q90. According to Consumer protection Act, the National Commission shall have jurisdiction over complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees

• (1) 2 lakhs
• (2) 10 lakhs
• (3) 20 lakhs
• (4) 50 lakhs

Answer: No option is correct

On the law in force in 2014 (2002 amendment), the National Commission took complaints above Rs. 1 crore; Rs. 20 lakh was the 1993 threshold.

Law now: Under the 2019 Act and 2021 Rules, the National Commission takes claims above Rs. 2 crore.

Constitutional Law

Q91. New states are created under

• (1) Art. 3 of the Indian ✔
• (2) Art. 4 of the Indian Constitution
• (3) Art.5 of the Indian Constitution
• (4) Art. 370 of the Indian Constitution

Answer: (1)

Art. 3 — formation of new States.

Constitutional Law

Q92. Doctrine of pleasure with reference to civil servants is mentioned under

• (1) Art. 311 of the Indian Constitution
• (2) Art. 308 of the Indian Constitution
• (3) Art. 301 of the Indian Constitution
• (4) Art. 310 of the Indian Constitution ✔

Answer: (4)

Art. 310 — doctrine of pleasure.

Constitutional Law

Q93. Right to know flows from one of these Articles of the Constitution

• (1) Art. 15
• (2) Art. 19 ✔
• (3) Art. 20
• (4) Art.23

Answer: (2)

The right to know flows from Art. 19(1)(a).

Constitutional Law

Q94. Freedom of trade, commerce and intercourse throughout the territory of India is mentioned under

• (1) Art. 19(1)(g)
• (2) Art. 300-A
• (3) Art. 301 ✔
• (4) Art. 299

Answer: (3)

Art. 301 — freedom of trade, commerce and intercourse.

Constitutional Law

Q95. Passive euthanasia under certain circumstance is permissible – held in the case of

• (1) Aruna Ramachandra Shanbaug Vs. Union of India ✔
• (2) Gian Kaur Vs State of Punjab
• (3) State of Maharashtra Vs. Maruty Sripaty Dubal
• (4) P. Rathinam Vs Union of India

Answer: (1)

Aruna Shanbaug v. Union of India (2011).

Constitutional Law

Q96. It was held by the Supreme Court that the balance between Fundamental Rights and Directive Principles of State Policy is the bedrock and the basic structure of the constitution in which case?

• (1) Keshavanada Bharathi v State of Kerala
• (2) Minerva Mills Vs. UOI ✔
• (3) Indira Nehru Gandhi v Rajnarain
• (4) Kihota Hollohon v. Zachilhu

Answer: (2)

Minerva Mills v. Union of India (1980).

Constitutional Law

Q97. K. C. Gajapati Narayan Deo v. State of Orissa, is often quoted with reference to

• (1) Doctrine of Eclipse
• (2) Doctrine of severability
• (3) Doctrine of colorable legislation ✔
• (4) Doctrine of territorial nexus

Answer: (3)

K.C. Gajapati Narayan Deo v. State of Orissa (1953) — colourable legislation.

Constitutional Law

Q98. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha deals with

• (1) Presidents’ election
• (2) Privileges of the legislature ✔
• (3) Pardoning power
• (4) Office of profit

Answer: (2)

Raja Ram Pal v. Speaker, Lok Sabha (2007) — legislative privilege of expulsion.

Constitutional Law

Q99. Under Art. 1 of the Constitution, India that is Bharat shall be

• (1) Federation of states
• (2) Union of states ✔
• (3) Democratic republic
• (4) Quasi federal

Answer: (2)

Art. 1 — India, that is Bharat, shall be a Union of States.

Constitutional Law

Q100. A Minister ceases to hold office if he does not become a member of the Legislature within six months is mentioned under

• (1) Art. 164 (4) ✔
• (2) Art. 164(1)
• (3) Art. 164(2)
• (4) Art. 164 (3)

Answer: (1)

Art. 164(4) — a minister must become a member within six months.