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63866493 Objective Type Questions On Law

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    OBJECTIVE TYPE QUESTIONS ONCONSTITUTION OF INDIA1. The Supreme Court of India upheld the decision to implement thequota forother backward glasses (OBCs in higher educational institutions. The

    court!howe"er! e#cluded the $cream% la%er$ from being a bene&ciar%. Thereason is'(a Cream% la%er is not an OBC it is a forward caste(b Cream% la%er is politicall% powerful(c It can compete with others on equal footing(d) The inclusion of c e!"# l!#e $ould %e un&us'). *hich +rticle authorises the ,arliament to form new States! andalter areas! boundariesor names of e#isting States-(a +rticle )

    (%) A 'icle (c +rticle (d +rticle /0. The Speaker can ask a member of the ouse to stop speaking andlet another memberspeak. This phenomenon is known as(a #ieldin* 'he +oo(b crossing the 2oor.(c anti3defection(d decoram4. +ll3India Ser"ices come under +rticle'

    (a 015(b ) ,-(c 01(d 0167. *hat is the duration of 89ero hour8 in :ok Sabha-(a 17 minutes(b alf3an3hour(c One hour(d) No' s.eci/ed

    . The State which bas the largest number of seats reser"ed for theScheduled Tribes in:ok Sabha is(a Bihar.(b ;u. *hich of the following Constitutional posts is en

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    ( b Chief ?ustice(c ,rime @inister(d ;o"ernor/. *hich of the following e#ercises! the most profound in2uence! inframing the Indian

    Constitution-(a British Constitution(b =S Constitution(c Irish Constitution(d) The 1o2e n"en' of Indi! Ac'3 ,4 56. Arom which Constitution was the Concept of a Ai"e ear ,lanborrowed into theIndian Constitution-a =S+%) USS6c =

    d Ireland15. The words 8secular8 and 8socialist8 were added to the IndianConstitution in 16>7b% amending the!) P e!"%leb Directi"e ,rinciplesc Aundamental Eightsd +ll of the abo"e

    FFFFFFFFFFFFFFFFFFFFFFFFFFF.

    C6I0INA7 7A81. *hen two or more persons agree to do an illegal act or do an act b%illegalmeans such an act amounts toa. Criminal conspirac%b. Criminal indictmentc. +betmentd. Constructi"e liabilit%+ns.a). In kidnapping! the consent of minor isa. ,artl% materialb. *holl% materialc. ,art% immateriald. *holl% immaterial+ns.d0. , committing a murder remo"ed some ornaments from the deadbod%. Thoughthe accused , was guilt% of an oGence of murder. The remo"al ofornaments

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    amounts toa. Theftb. @ischief c. @isappropriationd. Eobber%

    +ns.c4. idnapping from lawful guardianship under section 0 1 of I,C can bea. Of a person of unsound mindb. Of a person under 1/ %ears of age if femalec. Of a person under 1 %ears of age if maled. +ll the abo"e+ns.d7. Eight of pri"ate defence of propert% against robber% continuesa. +s long as the oGender continues in the commission of criminaltrespassor mischief

    b. +s long as the fear of instant death or of instant hurt or of instantpersonalrestraint continuesc. +s long as the oGender causes or attempts to cause to an% persondeath orhurt or wrongful restraintd. Both b. and c.+ns.d

    . +ssault or criminal force used in attempting to commit theft ofpropert% ispunishable under section HHHH of I,C

    a. 07b. 0>/c. 0>6d. 0/4+ns.a>. *hoe"er! either prior to or at the time of the commission of an actdoesan%thing in order to facilitate the commission of that act! and there b%facilitates the commission there of! is said to HHHHH a. Conspire the doing of that actb. +id the doing of that actc. +bet the doing of that actd. Instigate the doing of that act+ns.b/. knows to be behind a bush. J does not know it. intending tocause orknowing it to be likel% to cause Ks death! induces J to &re at the bush.J &resand kills . ere J ma% be guilt% of no oGence! but HHHH

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    a. has not committed an% oGenceb. has committed the oGence of culpable homicidec. J has committed oGence of murderd. as committed the oGence of abetment+ns.b

    6. In which among the following cases! the Supreme Court held thatLbrutalit% isinbuilt in e"er% murder but in case of e"er% murder death sentence isnotimposedM-a. Eegu @ahesh Ns. Ea

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    0 LCustom as a source of law comprises legal rules which ha"e neitherbeenpromulgated b% legislation nor formulated b% professionall% trained

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    . administration of justice.

    . #o secure the enrichment of $indi, the %onstitution, among other things, directs the&tate togive'primary importance to one of the languages included in the ())) &chedule for the

    purpose of drawing upon it. #his language is1. *engali

    . +arathi!. Sanskrit

    . rdu

    !. -isagreement between the two $ouses of )ndian arliament is finally resolved through1. a joint committee of the two Houses for the purpose.

    . mediatory efforts by the presiding officers of the two $ouses.!. a joint committee of the two $ouses for the purpose.

    . mediation by the resident.

    . /hich of the following Articles of %onstitution cannot be amended by a simplemajority in

    both the $ouses of arliament01. Article

    . Article !!. Article

    . Article 15

    . /hich one of the following -irective rinciples is a socialistic principle01. 23ual pay for e3ual wor4 to all

    . rotection of the health of wor4ers!. revention of concentration of wealth and the means of production

    . All of these

    5. 6riginally it was laid down in the %onstitution that 2nglish shall continue to be usedfor all theofficial purposes of the union for a period of 1. 15 years

    . 7 years!. years

    . !7 years

    8. As per Article 1779!:, the 3uorum to constitute a meeting of either $ouse of arliamentis1. one'fourth of the total number of members of that $ouse.

    . one'fifth of the total number of members of that $ouse.3. one-tenth of the total num er of mem ers of that House.

    . one'third of the total number of members of that $ouse.

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    ;. #he age of retirement of a

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    1 . #he $igh %ourts at *ombay, %alcutta and +adras were established under the1. 'ndian High $ourts Act( 1)"1

    . )ndian $igh %ourts Act, 1;5!. )ndian $igh %ourts Act, 1=11

    . Government of )ndia Act, 1=1=

    1 . )n which of the following situations can the resident promulgate an 6rdinance01. #here is disagreement between the two $ouses of arliament over a bill.

    . *oth $ouses have refused to pass a *ill sponsored by Government with the previoussanctionof the resident.!. A *ill has been pending in arliament for a long period.!. *arliament is not in session

    15. /hich of the following events made Gandhiji to launch, for the first time, %ivil

    -isobedience+ovement01. eforms!. +ontague'%helmsford >eforms

    . Government of )ndia Act, 1=!

    1;. /hich of the following Acts of *ritish arliament envisaged for the first time a closer association of )ndians with the administration01. )ndian %ouncils Act, 1;51

    . )ndian %ouncils Act, 1;=3. 'ndian $ouncils Act( 1, ,

    . Government of )ndia Act, 1=1=

    1=. Bor how long can the residentDs rule in a &tate imposed initially01. 6ne year #. Si/ months!. #wo years

    . #hree months

    7. )n accordance with the provisions of our %onstitution, new all')ndia &ervices can becreated only by the1. *arliament

    . rocess of amendment of the %onstitution

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    !. nion Government in consultation with the . .&.%.. resident on the advice of the %ouncil of +inisters

    1. /ho presides over the joint session of arliament01. 0he Speaker

    . #he (ice' resident!. #he resident

    . #he deputy chairman of the >ajya &abha

    . #he reference to $indus in Article of the %onstitution does not include1. *arsees

    . &i4hs!. ajya &abha is

    1. nominated by the resident#. elected y the two Houses of *arliament!. elected by arliament and the legislatures of the &tates jointly

    . elected by the members of >ajya &abha

    . )n )ndia, a tax on agricultural income can be levied by1. both the %entral and &tate Governments

    . neither the %entral nor the &tate Governments3. only the State overnments

    . only the %entral Government

    . *y which amendment, were the Bundamental -uties of )ndian citiEens added to the%onstitution01. Borty'forth Amendment

    . Borty'third Amendment3. %orty-second Amendment

    . Borty'first Amendment

    5. Binancial allocation for 2ducation was made for the first time by the %harter Act of 1. 1;!!#. 1)13!. 18=!

    . 188!

    8. #here is no provision in the %onstitution for the impeachment of 1. the %hief

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    ;. )n the event of non'enforcement of -irective rinciples of the &tate by theGovernment, a citiEen of )ndia can move the1. -istrict %ourt

    . $igh %ourt!. &upreme %ourt

    !. one of these

    =. #he member of a &tate ublic &ervice %ommission can be removed on the ground of misbehaviour only after an en3uiry has been conducted by the1. &upreme %ourt of )ndia#. High $ourt of the State!. committee appointed by the resident

    . committee appointed by the Governor of the &tate

    !7. /ho can recommend abolition or creation of the ?egislative %ouncil in a &tate01. Governor of the &tate

    . Advocate'General of the &tate3. &egislative Assem ly of the State

    . #he &tate %ouncil of +inisters

    !1. #he purpose of the )lbert *ill was1. to ta4e away the right of the native magistrates to try 2uropeans and 2nglishmen

    . to ta4e away the right of the 2uropean magistrates to try )ndians3. to remove an anomaly in the $riminal *rocedure $ode of 1)23( according towhich no magistrate or sessions judge could try a uropean or 4ritish su ject unlesshe was himself of uropean irth

    . None of the above

    ! . #he %onstitution of )ndia borrowed the concept of the -irective rinciples of &tateolicy from the %onstitution of

    1. 'reland. &A

    !. C . %anada

    !!. /hich one of the following statements is not correct01. #here is no provision of referendum in the )ndian %onstitution

    . #he &tate ?egislatures do not possess the right to initiate the amendment of the%onstitution3. 0he proposal for amending the $onstitution can only e initiated in &ok Sa ha

    . #he )ndian %onstitution is partly flexible and partly rigid

    ! . /hich one of the following Articles has declared untouchability in any form asunconstitutional01. Article 1#. Article 12

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    !. Article . Article

    ! . /hich one of the following is not among the sources of revenue for the nion01. &and revenue

    . %ustom duties including export duties!. -uties of excise on tobacco and other goods manufactured or produced in )ndia, exceptalcoholic li3uors, opium, )ndian, except alcoholic li3uors, opium, )ndian hemp and othernarcoticdrugs

    . #axes on income other than agricultural income

    !5. nder which one of the following Articles, the &upreme %ourt has been given the powers to review any judgement pronounced or order made by it previously01. Article 1!7#. Article 132

    !. Article 1!;. Article 1!=

    !8. A member elected to ?o4 &abha as a candidate of a party crosses the floor of the$ouse. )nsuch a case,1. his continued membership of the $ouse is not affected in any way#. he ceases to e a mem er of the House whether or not he resigns his mem ership!. he can continue to be a member of the $ouse if the party on whose symbol he waselected hasno objection

    . he will continue to be a member of the $ouse if the &pea4er permits

    !;. #he >ight to roperty was excluded from the Bundamental >ights during the tenureof theGovernment headed by1. %haran &ingh#. orarji 6esai!. )ndira Gandhi

    . >ajiv Gandhi

    !=. /hich of the following statements in regard to the -irective rinciples of &tate olicyiscorrect01. Bundamental >ights constitute limitations upon &tate action, while -irective rinciplesare inthe nature of instruction to the Government to achieve certain ends

    . #hey are justiciable in certain respects!. #hey enjoin on the &tate to secure a living wage to all wor4ers within a specified

    period

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    !. 0he courts can compel the State to implement some of the important directives

    7. #he Birst 6fficial ?anguage %ommission, as re3uired under Article ! of the%onstitution,was constituted by the resident in

    1. 1= 7 with C.+. +unshi as its %hairman#. 1,55 with 4. . 7her as its $hairman!. 1=57 with +.%. %hhagla as its %hairman

    . 1=5 with $umayun Cabir as its %hairmanAnswer 7ey1. ! . ! !. 1 . . 5. 1 8. ! ;. =. 17. !11. 1 . ! 1!. 1 . 1 1 . 15. ! 18. 1 1;. ! 1=. 7. 1

    1. 1 . 1 !. . ! . ! 5. 8. ! ;. =. !7. !!1. ! ! . 1 !!. ! ! . ! . 1 !5. !8. !;. !=. 7.

    All Indi! B! E>!"in!'ion0odel Ques'ion P!.e ,? Ans$e s !nd E>.l!n!'ionsP! ' IQuestion 1 ' The correct answer is (c . Section /6 of the C,C e#pressl%pro"ides for alternati"edispute resolution. Section /6(1 pro"ides that where a court thinks thatparties ma% beamenable to a settlement! it can formulate the terms of the settlement! andonce it recei"es thepartiesK obser"ations on such terms! it can refer the settlement for

    arbitration! conciliation!mediation! or

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    is based. The onl% e#ceptions permitted to this are if the parties agree that noreasons ha"e to begi"en! or if the award is an award on agreed terms under Section 05. (Seepage 15 of the +IB,reparator% @aterials! Book 1Question 5 ' The correct answer is (b . + participated in the arbitrationproceedings if + wishedto plead that there was no arbitration clause! she should ha"e done so beforeparticipating in theproceedings. (See pages 15311 of the +IB ,reparator% @aterials! Book 1Question ' The correct answer is (e . The +rbitration +ct co"ers domestic aswell asinternational commercial arbitrations. There was no agreement between theparties! e#press orimplied! that that +rbitration +ct would not appl% to the arbitrationproceedings. There is no"ested right to ha"e the award enforced under the Aoreign +wards +ct. (Seepage 1) of the+IB ,reparator% @aterials! Book 1Question ! ' The correct answer is (a . + settlement agreement has to besigned b% all the partiesto the dispute. =nless the agreement is signed and accepted b% the parties! itwill not ha"e theforce of an arbitral award or a decree of a court under the +rbitration +ct.(See page 16 of the+IB ,reparator% @aterials! Book 1Question " ' The correct answer is (c . *hile it is important to be able toidentif% who thedefendant is! it is not the plaintiGKs dut% to produce him before court. (Seepages )53)1 of the+IB ,reparator% @aterials! Book 1

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesQuestion # ' The correct answer is (c . Onl% suits for compensation areprecluded b% S.67() of theCode. (See page )) of the +IB ,reparator% @aterials! Book 1Question 1$ ' The correct answer is (d . The principles of res %u&i'ata areagnostic as to whichpart% pre"ailed in the &rst suit. (See page )0 of the +IB ,reparator%@aterials! Book 1Question 11 ' The correct answer is (a . See Order NII Eule 11 of the C,C. (Seepage )6 of the+IB ,reparator% @aterials! Book 1Question 12 ' The correct answer is (e . One of the requirements for a court tobe competentK isthat it should ha"e

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    was the sub

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    t ese materials s all attract all applicable ci)il and criminal law remediesQuestion 2$ ' The correct answer is (c . +.0)(1 of the Constitution guaranteesthe right toapproach the Supreme Court for a "iolation of an% fundamental right. There isno requirementfor a petitioner to approach a igh Court under +.)) of the Constitution

    before approachingthe Supreme Court under +.0) of the Constitution in matters in"ol"ing the"iolation of afundamental right. (See page 75 of the +IB ,reparator% @aterials! Book 1Question 21 ' The correct answer is (c . The Supreme Court clearl% has theauthorit% under+.14)(1 of the Constitution of the Constitution to pass the order quashingthe proceedingsagainst the / of the +IB ,reparator% @aterials! Book 1Question 2! ' The correct answer is (d . The fact that + had "isited a doctor inrelation to herheart ailment in the pre"ious %ear would clearl% be a rele"ant fact for thepurposes of an

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    insurance polic%. She had knowledge of her medical condition! and sheacti"el% concealed it b%not marking the bo# pro"ided in the insurance polic% application form. + hascommitted fraud.(See pages /5 and /1 of the +IB ,reparator% @aterials! Book 1Question 2" ' The correct answer is (b . It is not reasonable for + to insist thatB come to her o cein another cit% to collect the pa%ment for the goods on the other hand! B haspro"ided areasonable manner of pa%ment. (See page // of the +IB ,reparator%@aterials! Book 1Question 2# ' The correct answer is (c . OGences under the I,C are oftenquali&ed with the termsthat indicate the% require a mental element to be determined before a personcan be said to ha"ecommitted that oGence. (See page 154 of the +IB ,reparator% @aterials!Book 1

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper

    1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesQuestion 3$ ' The correct answer is (b . This is pro"ided in S.1)53+ of the I,C.(See page 15> of the +IB ,reparator% @aterials! Book 1Question 31 ' The correct answer is (b . ,remeditation is not an ingredient ofthe oGence co"eredb% S.054+ of the I,C. (See page 114 of the +IB ,reparator% @aterials! Book1Question 32 ' The correct answer is (c .The commission of theft consists in themo"ing of a

    mo"able propert% of a person out of his possession without his consent andthe e#istence of adishonest intent.(See page 114 of the +IB ,reparator% @aterials! Book 1Question 33 ' The correct answer is (e . (See page 15> of the +IB ,reparator%@aterials! Book 1Question 34 ' The correct answer is (d . @istaking C for her identical twin! B!was clearl% amistake of fact. + was acting in the belief that she was bound b% the law toarrest C! andtherefore! has not committed an oGence. (See page 15/ of the +IB,reparator% @aterials! Book1Question 35 ' The correct answer is (b . The contention that B was not in theguardianship of herlawful guardian!

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    Question 3 ' The correct answer is (b . Other laws ma% also de&ne an oGenceto be bailable ornon3bailable. Aor instance! S.>>B of the Information Technolog% +ct! )555.(See page 1)0 of the+IB ,reparator% @aterials! Book 1Question 3! ' The correct answer is (e . + Chief ?udicial @agistrate ma% notpass a sentence of death. (See page 1)4 of the +IB ,reparator% @aterials! Book 1Question 3" ' The correct answer is (a . The words arrest and custod% are nots%non%mous. (Seepage 1)7 of the +IB ,reparator% @aterials! Book 1Question 3# ' The correct answer is (a . Aor this reason! it has greatsigni&cance during the courseof a trial. (See page 10) of the +IB ,reparator% @aterials! Book 1Question 4$ ' The correct answer is (b . Since the arrest was in relation to abailable oGence! +cannot be denied bail! as long as she agrees to compl% with the conditions ofthe bail. (See page1)> of the +IB ,reparator% @aterials! Book 1Question 41 ' The correct answer is (e . +ll the reasons set out in (a in (d arerele"ant! and thecourt can consider these when deciding whether or not to grant + bail. (Seepage 1)/ of the+IB ,reparator% @aterials! Book 1Question 42 ' The correct answer is (d . Since + was planning to lea"e thecountr%! there ma% be areasonable belief that + would not be present in court for the trial. The courtcan take this fact

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesinto consideration! and issue a warrant for +Ks arrest under S./> of the Cr.,.C.(See page 105 of the +IB ,reparator% @aterials! Book 1Question 43 ' The correct answer is (c . +mendment cannot be claimed as amatter of right andthe power to either grant or refuse amendments is in the discreation of thecourt. (See page 14/of the +IB ,reparator% @aterials! Book 1Question 44 ' The correct answer is (d . Order NII Eule 1 of the C,C la%s downthe mandator%particulars which must be stated in a plaint. (See page 146 of the +IB,reparator% @aterials!Book 1Question 45 ' The correct answer is (b . The Indian Stamp +ct! 1/66 has aninclusi"e de&nition of the term con"e%anceK. (See page 171 of the +IB ,reparator% @aterials!Book 1

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    Question 4 ' The correct answer is (c . =nless mandated b% statute! it is notnecessar% to the"alidit% of a deed that its e#ecution is attested b% an% witness. (See page 174of the +IB,reparator% @aterials! Book 1Question 4! ' The correct answer is (a . The word holsterK must be construedin relation to thewords found in immediate connection with it 3 carr%ing a gun in oneKs pocketwould not satisf%the condition set down in the statute. (See page 144 of the +IB ,reparator%@aterials! Book 1Question 4" ' The correct answer is (c . +ppl%ing the doctrine of e)pressiounius est e)'lusioalterius ! it is clear that the mention of citi9ens implies the e#clusion of non3citi9ens from thoseha"ing the rights to "ote. (See page 147 of the +IB ,reparator% @aterials!Book 1Question 4# ' The correct answer is (b . That B promised to pa% the debt! e"enif time3barred! iscritical to +Ks suit. +s such! it is a material fact! and not merel% a materialparticular. Aailure tomention this in the pleadings is fatal to +Ks suit! and she cannot now makegood that error b%an% amount of proof. (See pages 14 and 14> of the +IB ,reparator%@aterials! Book 1Question 5$ ' The correct answer is (b . This per the de&nition of Lpro"edM inthe "idence +ct.(See page 17/ of the +IB ,reparator% @aterials! Book 1Question 51 ' The correct answer is (e . In criminal cases! the accused en

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    liabilit% in asserted or denied in the prosecution of + for BKs murder. The &rstthree facts!howe"er! could be used to pro"e +Ks liabilit%. (See page 17/ of the +IB,reparator% @aterials!Book 1Question 55 ' The correct answer is (b . These facts clearl% show +Ks conductin relation to hertrial for theft. (See page 1 5 of the +IB ,reparator% @aterials! Book 1Question 5 ' The correct answer is (d . B has asserted the e#istence of thesefacts as the basis of her claim to the land. +s such! B must pro"e these facts. (See page 1 / ofthe +IB ,reparator%@aterials! Book 1Question 5! ' The correct answer is (a . The Ratural :aw theor% postulatesthat law consists of rules that are in accordance with reason that Lthere e#ist ob

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    ,reparator% @aterials! Book 1Question 4 ' The correct answer is (e . (See page 1/ of the +IB ,reparator%@aterials! Book 1Question 5 ' The correct answer is (d . There is no prohibition on ad"ocatesagainst running forpolitical o ce. (See page 1/>31/6 of the +IB ,reparator% @aterials! Book 1

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesQuestion ' The correct answer is (d . +n ad"ocate ma% refuse to accept aparticular brief inspecial circumstances. (See page 1/6 of the +IB ,reparator% @aterials! Book1Question ! ' The correct answer is (c . +n ad"ocate must onl% communicateor negotiate with anopposing part% regarding the contro"ers%! through the counsel representingthe opposing

    part%. (See page 16> of the +IB ,reparator% @aterials! Book 1Question " ' The correct answer is (c . The Eules of the Bar Council do notpre"ent an ad"ocatefrom owning! or ha"ing a share in! a business that the ad"ocate has inherited.

    The ad"ocatema% not! howe"er! be personall% in"ol"ed in the management of thebusiness. (See page 1// of the +IB ,reparator% @aterials! Book 1Question # ' The correct answer is (d . + has identi&ed D in the a da"it! and!if the a da"it iscritical to the case! + ma% be called upon as a material witness to identif% Din the suit. + can be

    disbarred from appearing in the matter. (See page 1/6 of the +IB,reparator% @aterials! Book1Question !$ ' The correct answer is (c . Since + was not aware of the receipt!he cannot be heldresponsible for the dela%. (See page 164 of the +IB ,reparator% @aterials!Book 1Question !1 ' The correct answer is (e . + standing timber! as opposed totimber tree! includesonl% such trees which! if cut! can be used as a timber. (See page 166 of the+IB ,reparator%@aterials! Book 1Question !2 ' The correct answer is (c . ,ositi"e co"enants do not run with theland. (See page )50of the +IB ,reparator% @aterials! Book 1Question !3 ' The correct answer is (c . + contingent interest is normall%transferable howe"er! if the transferee of a contingent interest dies before obtaining the possession!the interest fails! and

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    therefore! cannot be inherited.(See page )5 of the +IB ,reparator%@aterials! Book 1Question !4 ' The correct answer is (d . In this form of mortgage! themortgage is created simpl%b% wa% of deli"erance of the title deed of an immo"eable propert% b% themortgagor to themortgagee (or the mortgageeKs agent ! with the intent of creating a securit%on such propert%.(See page )15 of the +IB ,reparator% @aterials! Book 1Question !5 ' The correct answer is (b . The death of C makes the conditionincapable of beingsatis&ed. (See page )5 of the +IB ,reparator% @aterials! Book 1Question ! ' The correct answer is (c . The condition is in"alid in so far as ite#ceeds the periodof 1/ %ears. +ccordingl% the income ma% be disposed oG as if the restricti"eperiod hase#pired.(See page )57 of the +IB ,reparator% @aterials! Book 1Question !! ' The correct answer is (e . Rone of the options is an absoluterestraint. (See page )5)of the +IB ,reparator% @aterials! Book 1

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remedies33P! ' IIQuestion !" ' The correct answer is (a . Despite some

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    the +rticles of +ssociation! but rather! the manner in which such pro"isionsma% be enforced.(See page )73) of the +IB ,reparator% @aterials! Book )Question "2 ' The correct answer is (a . The agreement is in"alid and + has noremed%! becausehad + consulted the +rticles of +ssociation of the compan%! + would ha"edetected the defectin the agreement. (See pages )> of the +IB ,reparator% @aterials! Book )Question "3 ' The correct answer is (d . + director of a public compan% has a&duciar% obligationtowards the compan% and is under a dut% to act in the best interest of thecompan%. Dut% of good faith implies that all the actions of the directors must be for the bene&tof the compan%and the shareholders of the compan%. (See page 01 of the +IB ,reparator%@aterials! Book )Question "4 ' The correct answer is (c . + holding compan% can ne"er be thesubsidiar% of its ownsubsidiar%. (See page )4 of the +IB ,reparator% @aterials! Book )Question "5 ' The correct answer is (c . Since the compan% restricts the rightof its members totransfer its shares! it must be a pri"ate limited compan% (S.0(1 (iii of theCompanies +ct . Sincethe question states that the compan% is in good standing! the e#cessmembers must beemplo%ees or e#3emplo%ees. (See page )0 of the +IB ,reparator% @aterials!Book )Question " ' The correct answer is (e . + compan% has a separate legalidentit% from itsmembers! and can therefore inter alia own propert%! whether immo"able!intangible or goods! inits own name! and enter into contracts in its own name! e"en with itsmembers. ( See page 22 of the AIBE Preparatory Materials, Book 2

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesQuestion "! ' The correct answer is (a . Since + was a @uslim at the time ofhis death! propert%will onl% pass to C and not to B. (See page >) of the +IB ,reparator%@aterials! Book )Question "" ' The correct answer is (a . It is not a defence to urge that thedisease was innocentl%contracted or that it is curable. The ground is satis&ed if it is shown that thedisease is in acommunicable form. (See page 7 of the +IB ,reparator% @aterials! Book )Question "# ' The correct answer is (d . + is a indu! but onl% if he ne"erprofessed the Christian

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    faith. The mere act of baptism in such cases does not amount to con"ersion.(See page >/ of the+IB ,reparator% @aterials! Book )Question #$ ' The correct answer is (c . The Central Board and the StateBoards perform thefunctions set out in Ss.1 and 1> of the +ir +ct. S.1>(1 (g empowers thestate boards toindependentl% notif% emission standards. owe"er! b% operation of S.)4 ofthe ,+! the

    n"ironment ,rotection Eule norms take precedence o"er standards laiddown b% state boards.(See page 46 of the +IB ,reparator% @aterials! Book )Question #1 ' The correct answer is (b . +lthough S.01+ of the +ir +ct enablesthe state board todirect closure or discontinuance of the ob/ SC 74/ . (See page 66 ofthe +IB ,reparator%@aterials! Book )Question # ' The correct answer is (d . This strike is not illegal! as theconciliation proceedingsare before a conciliation o cer and not a Board of Conciliation. (See page151 of the +IB,reparator% @aterials! Book )Question #! ' The correct answer is (a . The fact that + continued inemplo%ment knowing thathis work would precipitate in

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    doing is to be within the scope of +Ks emplo%ment! the question ofnegligence! great or small on+Ks part is irrele"ant. (See page 117 of the +IB ,reparator% @aterials! Book)

    All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper 1! 2010, Bar "ouncil o# India and $ainma%er &rainin' ( $ecruitment Pri)ate *imited An+unaut orised use or reproduction o# t ese materials s all attract all applicable ci)il and criminal law remediesQuestion #" ' The correct answer is (d . Since B is +Ks ser"ant! + is "icariousl%liable for BKstortious act and must compensate C. (See page 1)4 of the +IB ,reparator%@aterials! Book )Question ## ' The correct answer is (c . +n Indian compan% is alwa%s residentin India. (See page14) of the +IB ,reparator% @aterials! Book )Question 1$$ ' The correct answer is (b ! since this statement is not anapplication of the principledescribed. (See page 14) of the +IB ,reparator% @aterials! Book )

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