AIBE 7 (VII) 2014 Question Paper with Answers and Explanations: All 99 Questions Solved

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• Question 61 is missing from the available copy of this paper.
• 6 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.
• 1 question was withdrawn or given grace marks. Where one option is still right in law, it is shown as the answer.
• 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).

Torts, MV & Consumer · Key corrected

Q1. The concept of ‘privity of contract’ was rejected in—

• (1) Winterbottom vs. Wright
• (2) Donoghue vs. Stevenson ✔
• (3) Longmeid vs. Holiday
• (4) Heaven vs. Pender

Answer: (2)

Donoghue v. Stevenson (1932) rejected the “privity of contract fallacy” that barred a consumer’s claim in negligence.

Note: The published key gives (3); Longmeid v. Holliday (1851) applied privity rather than rejecting it.

Code of Civil Procedure

Q2. In the judgment of the Supreme Court in Salem Bar Association vs. Union of India, the Supreme Court had requested this committee headed by……… to prepare a case management formula.

• (1) Justice Bhagwathi
• (2) Justice Muralidhar
• (3) Justice Raveendran
• (4) Justice Jagannandha Rao ✔

Answer: (4)

Salem Advocate Bar Association v. Union of India (2005) — the committee headed by Justice M. Jagannadha Rao framed case-management rules.

Company Law & NI Act

Q3. The Companies Act, 2013 has increased the limit of the number of members in Private Company from 50 to-

• (1) 100
• (2) 200 ✔
• (3) 300
• (4) 150

Answer: (2)

s. 2(68) Companies Act, 2013 raised the cap from 50 to 200 members.

Evidence / BSA

Q4. Evidences to document unmeaning in reference to existing, facts is called as

• (1) Patent ambiguity
• (2) Latent ambiguity ✔
• (3) Both of them
• (4) None of the above

Answer: (2)

s. 95 (s. 98 BSA) — a document unmeaning in reference to existing facts is a latent ambiguity, curable by evidence.

Evidence / BSA · Key corrected

Q5. Original document is the best evidence. Exception to this rule is contained in –

• (1) Indian Evidence Act
• (2) Criminal Procedure Code
• (3) Bankers Book Evidence Act ✔
• (4) None of these

Answer: (3)

The Bankers’ Books Evidence Act, 1891 lets certified copies of bank entries be received in place of the originals.

Note: The published key gives (2).

Company Law & NI Act

Q6. Which provision of the Companies Act, 2013 discusses about the issue of bonus shares out of its free reserves or the securities premium account or the capital redemption reserve account, subject to the compliance with certain conditions such as authorization by the article, approval in the general meeting?

• (1) Section 36
• (2) Section 43
• (3) Section 63 ✔
• (4) Section 33

Answer: (3)

s. 63 Companies Act, 2013 — issue of bonus shares.

IPC / BNS

Q7. Section 82 IPC is an illustration for-

• (1) Presumption of fact
• (2) Presumption of law ✔
• (3) Presumption of fact and presumption of law
• (4) None of the above

Answer: (2)

s. 82 IPC (s. 20 BNS) — the incapacity of a child under seven is a conclusive presumption of law.

CrPC / BNSS

Q8. Period of limitation for execution of the order of maintenance is…… from the date on which it becomes due.

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

Answer: (1)

s. 125(3) CrPC (s. 144(3) BNSS) — application to enforce arrears must be made within one year of the amount falling due.

Contract & Property

Q9. Qui facit per alium facit per se, mean-

• (1) Act of an agent is the act of principal ✔
• (2) Act of an agent is not an act of principal
• (3) Principal and agent are liable jointly
• (4) Agent must not act in contravention of the act of principal

Answer: (1)

He who acts through another acts himself — the agent’s act is the principal’s.

Torts, MV & Consumer

Q10. ….. is observed as the World Consumer Rights Day.

• (1) 15th of March ✔
• (2) 16th of March
• (3) 12th of March
• (4) 11th of March

Answer: (1)

World Consumer Rights Day is 15 March.

Company Law & NI Act

Q11. The Standards on Auditing have been accord legal sanctity in the 2013 Act and would be subject to notification by the-

• (1) NFRA ✔
• (2) NRFA
• (3) NARF
• (4) SEBI

Answer: (1)

s. 143(10) — auditing standards are notified on the recommendation of the National Financial Reporting Authority.

Torts, MV & Consumer

Q12. Accountability of medical professional and the need for qualitative change in the attitude of the medical service provided by the hospitals was emphasized by the Supreme Court in which of the following cases

• (1) Bhatia International vs. Bulk Trading S.A.
• (2) Indian Medical Association vs. V.P. Shantha and Ors ✔
• (3) Manekha Gandhi vs. Union of India
• (4) Lucknow Development Authority vs. M. K. Gupta

Answer: (2)

Indian Medical Association v. V.P. Shantha (1995) brought medical services within the Consumer Protection Act.

Torts, MV & Consumer

Q13. Renewal of driving licenses is envisaged under Section……… of the Motor Vehicles Act, 1988.

• (1) Section 20
• (2) Section 21
• (3) Section 22
• (4) Section 15 ✔

Answer: (4)

s. 15 MV Act — renewal of driving licences.

Constitutional Law

Q14. The question whether the Fundamental Rights can be amended under Art. 368 came for consideration first time in-

• (1) Shankari Prasad vs. Union of India ✔
• (2) Keshavananda Bharati vs. Union of India
• (3) Golak Nath vs. State of Punjab
• (4) None of the above

Answer: (1)

Shankari Prasad v. Union of India (1951) first upheld the power to amend Fundamental Rights.

Constitutional Law

Q15. Equality of opportunity sdmits discrimination with reasons, it was observed by Apex Court in-

• (1) State of Kerala vs. N.M. Thomas ✔
• (2) Indira Sawhney vs. Union of India
• (3) AIR India vs. Nargesh Mirza
• (4) All the above

Answer: (1)

State of Kerala v. N.M. Thomas (1976) — reasonable classification is part of equality of opportunity.

Evidence / BSA

Q16. Meaning of Nemo moriturus praesumuntur mentiri-

• (1) A dying man can never speak truth
• (2) A dying man can never speak falsehood ✔
• (3) A dying man can speak truth
• (4) A dying man may not speak falsehood

Answer: (2)

Nemo moriturus praesumitur mentiri — a dying man is not presumed to lie.

CrPC / BNSS

Q17. If a Court lower to the Sessions Court tries a murder case that Court is called as-

• (1) Coram sub judice
• (2) Coram non judice ✔
• (3) Coram non subjudice
• (4) Coram judice

Answer: (2)

Coram non judice — before a court without jurisdiction; the proceedings are a nullity.

Company Law & NI Act

Q18. SFIO stands for-

• (1) Serious Fraud Investigation Office ✔
• (2) Serious Force Institution Office
• (3) Serious Form Investigation Office
• (4) Serious File Investigation Office

Answer: (1)

Serious Fraud Investigation Office (s. 211 Companies Act, 2013).

Contract & Property

Q19. Frost vs. Knight is a leading case on-

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

Answer: (3)

Frost v. Knight (1872) is cited under the contingent- contract provisions of ss. 32-34.

Contract & Property

Q20. Which among the following is a law based on equity?

• (1) Indian Contract Act, 1872
• (2) Indian Penal Code, 1860
• (3) Indian Partnership Act, 1932
• (4) Specific Relief Act, 1963 ✔

Answer: (4)

The Specific Relief Act codifies equitable remedies.

Contract & Property

Q21. Which section of the Specific Relief Act, describes temporary Injunction-

• (1) Section 45
• (2) Section 41
• (3) Section 37 ✔
• (4) Section 36

Answer: (3)

s. 37 SRA — temporary and perpetual injunctions.

Contract & Property

Q22. The maintenance amount which can be transferred is…….

• (1) Future maintenance
• (2) Right to future maintenance
• (3) Arrears of maintenance up to a certain date ✔
• (4) None of the above

Answer: (3)

s. 6(dd) TPA bars transfer of a right to future maintenance; arrears that have fallen due are transferable.

Environmental Law

Q23. Polluter Pays Principle means-

• (1) Polluter should bear the cost of pollution as the polluter is responsible for pollution ✔
• (2) Polluter should not necessarily bear the cost of pollution as the polluter may not be responsible for pollution
• (3) Polluter may bear the cost of pollution as the polluter may be responsible for pollution
• (4) None of the above

Answer: (1)

The polluter pays for the damage and for restoring the environment (Vellore Citizens’ Welfare Forum, 1996).

Environmental Law

Q24. “Pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to pay damages (compensation) for restoration of the environment. He has also to pay damages to those who have suffered loss on account of the act of the offender. Further, the offender can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner. However, the Court cannot impose any pollution fine in absence of any trial and finding of guilty under the relevant statutory provisions.” This observation was made in-

• (1) M.C. Mehta vs. Kamal Nath ✔
• (2) Calcutta Tunneries Case
• (3) M. C. Mehta vs. UOI
• (4) .l P. Pollution Control Board vs. M. V Nayudu

Answer: (1)

M.C. Mehta v. Kamal Nath (2000) — exemplary damages yes, but no pollution fine without a trial.

Environmental Law

Q25. National Conservation Strategy and Policy Statement on Environment and Development is a major environmental policy in India and it was passed in the year-

• (1) 1958
• (2) 1982
• (3) 1992 ✔
• (4) 1990

Answer: (3)

The National Conservation Strategy and Policy Statement on Environment and Development was adopted in 1992.

Environmental Law

Q26. ……………. of the Environmental Protection Act, 1986, defines “Environment’.

• (1) Section 2(a) ✔
• (2) Section 3 (a)
• (3) Section 1(a)
• (4) Section 11(a)

Answer: (1)

s. 2(a) Environment (Protection) Act, 1986 defines “environment”.

Contract & Property

Q27. The maximum period during which property can be tied up is-

• (1) Only 15 years
• (2) One or more life or lives in being at the date of transfer and the minority of an unborn person ✔
• (3) During the lifetime of the transferor and the minority period of an unborn person
• (4) None of the above

Answer: (2)

s. 14 TPA — lives in being plus the minority of the ultimate beneficiary.

Constitutional Law

Q28. Right to freedom to acquire, hold and dispose-off property is abolished by-

• (1) 44th Amendment Act, 1978 ✔
• (2) 43rd Amendment Act, 1976
• (3) 50th Amendment Act, 1950
• (4) 1st Amendment Act, 1951

Answer: (1)

The 44th Amendment (1978) deleted Art. 19(1)(f) and Art. 31.

Environmental Law

Q29. India became a party to the International Convention of Biological Diversity in-

• (1) 1992
• (2) 1995
• (3) 1994 ✔
• (4) 2000

Answer: (3)

India ratified the Convention on Biological Diversity in February 1994.

Code of Civil Procedure

Q30. “A”, a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by B and C adversely to each other. A can institute—

• (1) An application to decide the same
• (2) An interpleader suit ✔
• (3) Friendly suit
• (4) None of the above

Answer: (2)

s. 88 CPC — interpleader suit (the illustration to O. 35 R. 5 uses this very example).

CrPC / BNSS

Q31. As per the provisions of the Criminal Procedure Code, the word ‘inspection’ used in Section 93 (1) (c) refers to-

• (1) Things or documents
• (2) Documents only
• (3) Locality and place ✔
• (4) None of the above

Answer: (3)

s. 93(1)(c) CrPC — a general search or inspection, i.e. of a place or locality.

CrPC / BNSS

Q32. Statement recorded during investigation under Section 161 of Cr.P.C. can be used during trial for-

• (1) Corroborating the witness
• (2) Contradicting the witness ✔
• (3) Both ( 1 ) and (2)
• (4) Neither (1) nor (2)

Answer: (2)

s. 162 CrPC (s. 181 BNSS) — only to contradict the witness, under s. 145 Evidence Act.

CrPC / BNSS

Q33. “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) Sangarahania Sreenu 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 Tamil Nadu

Answer: (2)

State of H.P. v. Tara Dutt (2000).

Jurisprudence

Q34. ‘Ex dolo malo non oritur actio’ means-

• (1) An action arose only when a right infringes
• (2) An action could not prevent a legal right
• (3) No action on an immoral act ✔
• (4) None of the above

Answer: (3)

Ex dolo malo non oritur actio — no action arises out of a fraudulent or immoral act.

Jurisprudence

Q35. The Jural correlative of immunity is-

• (1) Power
• (2) Disability ✔
• (3) No claim
• (4) Claim

Answer: (2)

Hohfeld — the correlative of immunity is disability.

Jurisprudence

Q36. Who defines ‘eternal law is the divine order or will of God which requires the preservation of natural order and forbids the breach of if’?

• (1) Ambrose
• (2) Augustine ✔
• (3) Gregory
• (4) All the above

Answer: (2)

St Augustine defined eternal law as the divine reason or will of God.

General Knowledge

Q37. ‘Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.’ Who stated so?

• (1) Thomas Paine ✔
• (2) Gregory Peck
• (3) Jefferson
• (4) Dicey

Answer: (1)

Thomas Paine, Common Sense (1776).

Administrative Law

Q38. The Constitution of India has recognized the concept of Tribunals as instruments of quasi- judicial administrative adjudication

• (1) Articles 39 (a ) and 39 (b)
• (2) Articles 323- A and 323 B ✔
• (3) Article 368
• (4) Articles 202A and 202B

Answer: (2)

Arts. 323-A and 323-B, inserted by the 42nd Amendment.

Administrative Law

Q39. Nemo judex in causa sua meaning No man shall be a Judge in his own cause was first stated by………. in Dr. Bonham’s Case—

• (1) Lord Grey
• (2) Lord Heward
• (3) Lord Coke ✔
• (4) Lord Moulton

Answer: (3)

Lord Coke in Dr Bonham’s Case (1610).

Professional Ethics

Q40. General power of the Bar Council of India to make rules is envisaged under which Section of the Advocates Act, 1961?

• (1) Section 48
• (2) Section 49 ✔
• (3) Section II-2
• (4) Section IV A

Answer: (2)

s. 49 Advocates Act — general power of the BCI to make rules.

Professional Ethics

Q41. Seven lamps of advocacy is attributable to-

• (1) Justice Abbot Parry ✔
• (2) Justice Heward
• (3) Justice Bhagawathy
• (4) Justice Grey

Answer: (1)

Judge Edward Abbott Parry, The Seven Lamps of Advocacy.

Professional Ethics

Q42. Which Section under the Advocates Act, 1961 speaks of disciplinary powers of the Bar Council of India?

• (1) Section 35
• (2) Section 37
• (3) Section 36 ✔
• (4) Section 39

Answer: (3)

s. 36 Advocates Act — disciplinary powers of the BCI.

Professional Ethics

Q43. Section…….. of Advocates Act, 1961 speaks about constitution of Legal Aid Committees.

• (1) Section 9
• (2) Section 10
• (3) Section 9A ✔
• (4) Section 10A

Answer: (3)

s. 9A Advocates Act — legal aid committees.

Code of Civil Procedure

Q44. Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of……. which is the prominent provision that discusses about the jurisdiction of civil Courts in applying Alternate Dispute Resolution mechanisms.

• (1) 1989
• (2) 1999 ✔
• (3) 1988
• (4) 2009

Answer: (2)

CPC (Amendment) Act, 1999 inserted s. 89.

Arbitration & ADR · Law changed

Q45. In which case the Supreme Court held that Part I of the Arbitration and Conciliation Act would equally apply to international commercial arbitration held outside India, unless any or all provisions have been excluded by agreement between the parties.

• (1) Bhatia International vs. Bulk Trading S. A ✔
• (2) United India Ins. Co. Ltd vs. Associated Transport Corpn. Ltd
• (3) Hakam Singh vs. Gammon (India) Ltd.
• (4) Ajmera Brothers vs. Suraj Naresh Kumar Jain

Answer: (1)

Bhatia International v. Bulk Trading (2002).

Law now: Overruled prospectively by BALCO (2012); the 2015 amendment to s. 2(2) now governs foreign-seated arbitrations.

Arbitration & ADR

Q46. Establishment of Permanent Lok Adalats is envisaged under Section……… of the Legal Services Authority Act of 1987.

• (1) Section 22B ✔
• (2) Section 22A
• (3) Section 22 (1)
• (4) Section 22

Answer: (1)

s. 22B Legal Services Authorities Act — Permanent Lok Adalats.

Contract & Property

Q47. What are the remedies open to the party aggrieved in a suit on contracts?

• (1) Specific performance and injunction
• (2) Specific performance and damages
• (3) Specific performance only
• (4) All the above ✔

Answer: (4)

Damages, specific performance and injunction are all available on breach.

Code of Civil Procedure

Q48. ‘A’ resides at Delhi, and ‘B’ at Agra. B borrows Rs. 20,000/- from A at Benares and passes a promissory note to A payable at Benares. B fails to repay the loan. A may sue Bat- ‘’

• (1) Benares or Agra ✔
• (2) Benares only
• (3) Agra only
• (4) Benares, Agra and Delhi

Answer: (1)

s. 20 CPC — where the defendant resides (Agra) or the cause of action arose (Benares).

Code of Civil Procedure

Q49. The general principle of waiver that provides that failure to raise objection in the Court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent stage and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure
Code-

• (1) Section 15
• (2) Section 16
• (3) Section 51
• (4) Section 21 ✔

Answer: (4)

s. 21 CPC — objections to place of suing must be taken at the earliest opportunity.

Code of Civil Procedure

Q50. “Act of Court can do no wrong to any person”. Which concept relates to this ideology-

• (1) Precept
• (2) Caveat
• (3) Restitution ✔
• (4) Injunction

Answer: (3)

Actus curiae neminem gravabit — the basis of restitution under s. 144 CPC.

CrPC / BNSS

Q51. An Executive. Magistrate may require security for keeping good behaviour from habitual offenders for a period not more that-

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

Answer: (4)

s. 110 CrPC (s. 129 BNSS) — security from habitual offenders for up to three years.

CrPC / BNSS · Law changed

Q52. Section 167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice- versa. This alteration can be done during the period of first-

• (1) 15 days ✔
• (2) 16 days
• (3) 14 days
• (4) 12 days

Answer: (1)

Under s. 167 CrPC, police custody was confined to the first 15 days (CBI v. Anupam Kulkarni, 1992).

Law now: s. 187 BNSS allows the 15 days of police custody to be taken in parts during the first 40 or 60 days.

CrPC / BNSS

Q53. Under which provision of the Code of Criminal Procedure it is mandatory for a police officer w inform the person arrested, the grounds of arrest and right of ball if the offence is not non- bailable.

• (1) Section 150
• (2) Section 105
• (3) Section 50 ✔
• (4) Section 510

Answer: (3)

s. 50 CrPC (s. 47 BNSS).

CrPC / BNSS

Q54. Section 41-B is inserted into the Criminal Procedure Code on the basis of which among the following decisions-

• (1) Nandini Satpathy vs. PL Dhani
• (2) Sunil Batra vs. Delhi Administration
• (3) Prem Shankar Shukla vs. Delhi Administration
• (4) D.K. Basu vs. State of West Bengal ✔

Answer: (4)

D.K. Basu v. State of West Bengal (1997) — s. 41B codifies its arrest guidelines.

CrPC / BNSS · Key corrected

Q55. Civil Surgeon shall refer unsound minded person to a clinical Psychologist/Psychiatrist However by virtue of Section……………the aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College.

• (1) Section 328
• (2) Section 328 (1-A) ✔
• (3) Section 328(2)
• (4) Section 346

Answer: (2)

The proviso to s. 328(1A) CrPC gives an appeal to a Medical Board.

Note: The published key gives (3).

Labour Law

Q56. Rashtriya Swasthya Bima Yojna is mainly meant to serve the needs of-

• (1) Organized workers
• (2) Unorganized workers
• (3) Unorganized sector workers belonging to BPL category and their family members ✔
• (4) Organized sector workers belonging to BPL category and their family members

Answer: (3)

RSBY covers unorganised-sector workers below the poverty line and their families.

Constitutional Law

Q57. Equal pay for equal work for both men and women is proclaimed under of the Constitution of India.

• (1) Article 39 (a)
• (2) Article 39 (d) ✔
• (3) Article 39 (b)
• (4) Article 39(c)

Answer: (2)

Art. 39(d) — equal pay for equal work for men and women.

Labour Law

Q58. …………. was a leading case on the point as to whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go slow-

• (1) Bank of India vs. T.S. Kelawala and others ✔
• (2) Randhirsingh vs. Union of India
• (3) Kamani Metals and Alloys Ltd. vs. Their workmen
• (4) Workmen vs. Reptakos Brett and Co. Ltd.

Answer: (1)

Bank of India v. T.S. Kelawala (1990) — wages may be deducted for the strike period without an enquiry.

Labour Law

Q59. Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year –

• (1) 1992
• (2) 1982 ✔
• (3) 2009
• (4) 2010

Answer: (2)

s. 10A Industrial Employment (Standing Orders) Act — subsistence allowance — inserted in 1982.

Limitation Act

Q60. What is the period of limitation to file a suit for compensation for false imprisonment?

• (1) 2 years
• (2) 3 years
• (3) 12 years
• (4) 1 year ✔

Answer: (4)

Article 73 Limitation Act — compensation for false imprisonment: one year.

Limitation Act · Key corrected

Q62. As per Section 19 of the Limitation Act, 1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the-

• (1) Time when suit was filed
• (2) When the payment was made ✔
• (3) When the creditor demands
• (4) None of the above

Answer: (2)

s. 19 Limitation Act — a fresh period runs from the time the payment was made.

Note: The published key gives (3), which is wrong.

Company Law & NI Act

Q63. The…… Guidelines constitute one of the most comprehensive CSR tools available to companies.

• (1) OECD ✔
• (2) OACF
• (3) OECG
• (4) ASEAN

Answer: (1)

The OECD Guidelines for Multinational Enterprises.

Family Law

Q64. Conditions of Hindu Marriage have been laid down under…… of Hindu Marriage Act.

• (1) Section 9
• (2) Section 10
• (3) Section 5 ✔
• (4) Section 13

Answer: (3)

s. 5 HMA — conditions for a Hindu marriage.

Torts, MV & Consumer

Q65. Gloucstershire Grammar School Case is a leading case to explain the-

• (1) Volenti non fit injuria
• (2) Injiria non fit volenti
• (3) Damnum sine injuria ✔
• (4) Injuria sine dammum

Answer: (3)

The Gloucester Grammar School case (1410) — damnum sine injuria.

Family Law

Q66. The Hindu Succession (Amendment) Act, 2005 –

• (1) Allows daughters of the deceased equal rights with daughter
• (2) Allows sons of the deceased equal rights with widows
• (3) Allows daughters of the deceased equal rights with wife
• (4) Allows daughters of the deceased equal rights with sons ✔

Answer: (4)

The 2005 amendment gives daughters the same coparcenary rights as sons.

Company Law & NI Act

Q67. Under the Companies Act, 2013, any company having a net worth of rupees 500 crore or more or a turnover of rupees 1,000 crore or more or a net profit of rupees 5 crore or more should mandatorily spend…… of their net profits per fiscal on Corporate Social Responsibility activities.

• (1) 3%
• (2) 5%
• (3) 10%
• (4) 2% ✔

Answer: (4)

s. 135 Companies Act, 2013 — at least 2% of average net profits of the three preceding years.

Note: No key was published for this question.

Jurisprudence

Q68. The Fuller/Hart Debate could be summarized as a debate between which two jurisprudential approaches/ positions.

• (1) Positivism and utilitarianism
• (2) Natural Law and Positivism ✔
• (3) Positivism and Liberalism
• (4) Marxism and liberal feminism

Answer: (2)

Hart (positivism) against Fuller (natural law), 1958.

Contract & Property

Q69. In bailment if the goods are lent free of cost to the bailee for his use it is known as bailment by-

• (1) Deposition
• (2) Pledge
• (3) Commodation ✔
• (4) None of the above

Answer: (3)

Commodatum — goods lent gratis for the bailee’s use.

Contract & Property

Q70. Where the proposal and acceptance is through letters, the contract is made at the place where-

• (1) The acceptance is received
• (2) The letter of acceptance is posted ✔
• (3) Both the above answers
• (4) None of the above

Answer: (2)

Acceptance is complete against the proposer once posted (s. 4), so the contract is made where the acceptance is posted.

Contract & Property

Q71. All contracts which are unlawful and void are known as-

• (1) Illegal contracts
• (2) Nugatory contract ✔
• (3) Voidable contracts
• (4) None of the above

Answer: (2)

An agreement that is void from the outset is nugatory.

Contract & Property

Q72. Cancellation of crossing is also called-

• (1) Marking
• (2) Opening of crossing ✔
• (3) Cancellation
• (4) None of the above

Answer: (2)

Cancellation of crossing is called opening the crossing.

Contract & Property

Q73. Section………………. of the Negotiable Instruments Act deals with noting-

• (1) Section 100
• (2) Section 101
• (3) Section 102
• (4) Section 99 ✔

Answer: (4)

s. 99 NI Act — noting.

Evidence / BSA

Q74. Rabindra Kumar Pal @ Dara Singh vs. Republic of India a famous case coming under Section 30 of Evidence Act is also well known as-

• (1) Graham Stains Murder Case ✔
• (2) Graham Bells Murder case
• (3) Graham Street’s Murder case
• (4) Graham Stoits Murder case

Answer: (1)

The Graham Staines murder case (2011).

Contract & Property

Q75. Negotiable claim issued by a bank in return for a term deposit is called-

• (1) Share certificate
• (2) Certificate of incorporation
• (3) Certificate of deposit ✔
• (4) Term deposit

Answer: (3)

A certificate of deposit is a negotiable instrument issued by a bank against a term deposit.

Contract & Property

Q76. Wager relate with—

• (1) Present event
• (2) Past event
• (3) Future event
• (4) Any of the above ✔

Answer: (4)

A wager may be on any uncertain event, past, present or future.

Evidence / BSA

Q77. Statement by a person who is dead is a relevant fact under………… of the Indian Evidence Act.

• (1) Section 32 (3)
• (2) Section 32 (4)
• (3) Section 32 (5) ✔
• (4) Section 32 (6)

Answer: (3)

s. 32(5) (s. 26(e) BSA) — a dead person’s statement as to relationship.

Note: As printed the question is incomplete; the published answer refers to the relationship clause.

Evidence / BSA · Law changed

Q78. A Charge Sheet filed under Section 173 of Cr.P.C. is an example of-

• (1) Public document ✔
• (2) Private document
• (3) Patent document
• (4) Latent document

Answer: (1)

The published key treats a charge-sheet as a public document under s. 74.

Law now: Saurav Das v. Union of India (2023) held a charge-sheet is not a public document under s. 74.

CrPC / BNSS

Q79. Procedure of investigation of criminal cases under the Criminal Procedure Code is contained in Chapter-

• (1) Chapter XI
• (2) Chapter XII ✔
• (3) Chapter X
• (4) Chapter IX

Answer: (2)

Chapter XII CrPC (ss. 154-176) — information to the police and their powers to investigate.

Public International Law

Q80. Identify the correct order in which the following law making treaties are concluded. A. The Vienna Convention on Consular Relations B. The General Agreement on Tariffs and Trade C. The Declaration of Paris Select the correct answer from the codes given below

• (1) A, C, B
• (2) C, B, A ✔
• (3) B, A, C
• (4) A, B, C

Answer: (2)

Declaration of Paris (1856), GATT (1947), Vienna Convention on Consular Relations (1963).

Public International Law

Q81. “A State is and becomes and international person through recognition only and exclusively.” Who stated this?

• (1) L. Oppenheim ✔
• (2) Hobbes
• (3) Fenwick
• (4) Starke

Answer: (1)

L. Oppenheim — the constitutive theory of recognition.

Public International Law · Key corrected

Q82. Which one of the following doctrine requires that the parties to a treaty are bound to observe its terms in good faith?

• (1) The Drago doctrine
• (2) Right of asylum
• (3) Doctrine of equality
• (4) Pacta Sunt Servanda ✔

Answer: (4)

Pacta sunt servanda (Vienna Convention, Art. 26).

Note: The published key gives (2), which is wrong.

Public International Law

Q83. The admission of a new political entity into the United Nations can be termed as-

• (1) Express recognition
• (2) Conditional recondition
• (3) Collective recondition ✔
• (4) De-facto recognition

Answer: (3)

Admission to the UN is a form of collective recognition.

Public International Law · Key corrected

Q84. General Assembly adopted the definition of word Aggression through-

• (1) Resolution 3314 XXIX, 1974 ✔
• (2) Resolution 3312 XXXIX, 1973
• (3) Resolution 2213,1982
• (4) None of the above

Answer: (1)

GA Resolution 3314 (XXIX) of 1974 defined aggression.

Note: The published key gives (4).

Cyber Law / IT Act

Q85. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on e-commerce in- –

• (1) 1997
• (2) 1998
• (3) 1996 ✔
• (4) 2013

Answer: (3)

The UNCITRAL Model Law on Electronic Commerce, 1996.

Cyber Law / IT Act

Q86. “Where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.” Which section of the Information Technology Amendment Act, 2008 envisages so?

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

Answer: (2)

s. 43A IT Act — compensation for failure to protect data.

Cyber Law / IT Act

Q87. Section………. of Information Technology Act, 2000 which was originally “Digital Signature” was renamed as in Information Technology (Amendment) Act, 2008.

• (1) “Digital Signature and Electronic Signature” ✔
• (2) “Digital Signature and E-Signature”
• (3) “Digital and Electronic Signature”
• (4) None of the above

Answer: (1)

The 2008 amendment retitled Chapter II “Digital Signature and Electronic Signature”.

Cyber Law / IT Act

Q88. Section 43 of the Information Technology Act deals with-

• (1) Criminal liability
• (2) Civil liability ✔
• (3) Both the above
• (4) None of the above

Answer: (2)

s. 43 IT Act — civil liability (compensation).

Cyber Law / IT Act

Q89. Which among the following are the digital signature certifying authorities in India?

• (1) M/s. Safescript ✔
• (2) M/s. NCERT
• (3) M/s. MTL
• (4) All the above

Answer: (1)

Safescrypt was among the first licensed certifying authorities.

Contract & Property

Q90. Doctrine of election is based on the foundation that a person taking the benefit of an instrument must-

• (1) Not bear the burden
• (2) Burden is not the subject of election
• (3) Burden is the subject of election
• (4) Bear the burden ✔

Answer: (4)

s. 35 TPA — one who takes a benefit under an instrument must also bear its burden.

IPC / BNS

Q91. R obtained a sum of Rs. 50,000/- from D by putting D in fear of death. Here, R commits-

• (1) Extortion ✔
• (2) Cheating
• (3) Mischief
• (4) Robbery

Answer: (1)

Obtaining property by putting a person in fear of injury is extortion (s. 383 IPC, now s. 308 BNS).

IPC / BNS

Q92. Whoever causes bodily pain, disease or infirmity to any person is said to have inflicted……………… on the victim.

• (1) Grievous hurt
• (2) Hurt ✔
• (3) Assault
• (4) None of the above

Answer: (2)

s. 319 IPC (s. 114 BNS) — hurt.

IPC / BNS

Q93. …….. defined crime as “a violation of public rights and duties due to the whole community considered as community”.

• (1) Blackstone ✔
• (2) Justice Bhagwati
• (3) V.R. Krishnayer
• (4) Lord Heward

Answer: (1)

Blackstone.

IPC / BNS

Q94. Personation at Election is an of ace under Section…….. of the Indian Penal Code.

• (1) Section 124-A
• (2) Section 121-A
• (3) Section 153-B
• (4) Section 171-D ✔

Answer: (4)

s. 171-D IPC — personation at elections.

IPC / BNS

Q95. Raman having found a key of Raju’s house which Raju had lost, commits house trespass by entering Raju’s house after opening the door with that key, Raman has committed the offence of-

• (1) House trespass
• (2) Criminal trespass
• (3) House breaking ✔
• (4) None of these

Answer: (3)

Illustration (d) to s. 445 IPC (s. 331 BNS) — this exact case is house-breaking.

IPC / BNS

Q96. Who among the following is not a ‘public servant’?

• (1) Liquidator
• (2) A Civil Judge
• (3) Secretary of a Co-operative Society ✔
• (4) None of these

Answer: (3)

A secretary of a co-operative society is not a public servant under s. 21 IPC.

Labour Law

Q97. The Sampoorna Grameen Rozgar Yojana (Universal Rural Employment Programme) was launched in 2001 and was implemented through

• (1) Labour offices
• (2) Government
• (3) Panchayati Raj Institutions ✔
• (4) All the above

Answer: (3)

SGRY was implemented through Panchayati Raj Institutions.

Constitutional Law

Q98. A law which violates fundamental rights is not nullity or void- ab-initio but becomes only unenforceable, this doctrine is called as –

• (1) Doctrine of severability
• (2) Doctrine of 3 points
• (3) Tornado doctrine
• (4) Doctrine of eclipse ✔

Answer: (4)

Doctrine of eclipse (Bhikaji Narain Dhakras, 1955).

Constitutional Law · Withdrawn / Grace

Q99. Which one of the following is covered under the definition of State –

• (1) The Indian Statistical Institute
• (2) Indian Council of Agricultural Research
• (3) Sainik School Society
• (4) NCERT

Answer: Withdrawn / grace marks

More than one option is correct: the ISI (B.S. Minhas, 1983) and the Sainik Schools Society (1989) were held to be “State”, while NCERT was held not to be (Chander Mohan Khanna, 1991).

Contract & Property

Q100. The surety ‘stands discharged by’ –

• (1) Death
• (2) Revocation
• (3) Variance in the terms of the contract without his consent ✔
• (4) None of the above

Answer: (3)

s. 133 — variance in the terms without the surety’s consent discharges him.