027681 Bar Council of India All India Bar Examination — XTIT 23" Dec-2018 [Set Code-A ] LANGUAGE - ENGLISH ‘Name of the Candidate: Roll Number: Enrollment Number : IMPORTANT INSTRUCTIONS (Kindly read these instructions carefully before attempting this question paper) This Booklet contains 100 questions and each question carries 1 mark. In case of any confusion in translation, kindly refer to the English version for clarification. Make sure that same Question Booklet Set code is mentioned on all the sheets of question paper, in case of any change immediately inform the invigilator. © There is no negative marking. * Duration of this exam is 3 hours only. + Fillin your Roll number and Question Booklet Set code very carefully, as the answer sheet will be evaluated as per the code you mention on the answer sheet. © Under no circumstances will the answer sheet be evaluated with any other Question Booklet Set code © Only books and notes are allowed for this examination. ‘Mobile phones, laptop, tabs and/or any other electronic devices are strictly prohibited in the examination hall * On possession of any electronic device inside the examination hall, the candidate will be disqualified from the examination © Candidate shall not be allowed to leave the Examination Hall before the conclusion of the examination. * Do not forget to submit the answer sheet back to the invigilator. Failing to do so would lead to disqualification. * Use only blue/black ball pen to fill the OMR answer sheet. OMR filled with pencil or ink pen would be disqualified. Use of whitener/ eraser /blade or fluid is strictly prohibited. It will lead to disqualification. Do not make ony stray marks or tear the OMR answer sheet. it will lead to disqualification Write your roll number carefully and darken the correct corresponding ovals, In case wrong ovals are darkened your answer sheet will not be evaluated.: SEX ERGUSTSETANS Proved Misbehaviour ) Violation of Con 4) Allthe abo The designation ‘Senior Advocates’ is provided under a) Section 16, Advocates Act 1961. Section 26, Advocates Act 1961 )_ Section 6, Advocates Act 1961 d) Sec Right to pre-audience is provided by 2) Section 33 of Advocates Act 1961 Section 23 of Advocates Act 1961 ¢) Section 16 of Advocates Act 1961 4) Section 36 of Advocates Act 1961, The ‘Contempt of Court’ belongs to Entry 77 of Union ist and entry 14 of State list in the Vlth schedule of Constitution of india. b). Entry 70 of union list and entry 404 of state lst Entry 67 of Union list and entry 23 of State list 4) None of these ‘Who was the Chief Justice of Indio when the Concept of PIL was introduced to Indian Judicial systern a) M.Hidayataullah b) AM. Ahmadi ) AS.Anand 4) P.N. Bhagwati a The Supreme Court of india issued a number of direction for the forms of prostitution and to iltate their Children Through rious welfare measures an !s0 as to provide them with dignity of person, means of ivelinoed and socio ‘economic development in the Case Vichaka Vs State of Rajasthan , AIR 1997 Section 3011 Gaurav Jain Vs Union of india, AIR 1997 Section 3021, Delhi Domestie Working women’s rum Vs Union of india (1998) 2 Section 14 Sheela Barse Vs Union of india (1986) 35 Section 596 Hadees" is one ofthe sources of Muslim law, tt Comprises a) Very words of god ) Words and actions of the prophet“ ©) Unanimous decision of jurists d) Analogical decisions Intellectual Property appellate Board Is established under which Act a) The copyright Act, 1957 b) The patent Act, 1970 , 6) The Trademark Act, 1999 ) The designs Act,2000, |: What isthe maximum duration within which fast track arbitration must be completed- a) 6Month b) 12 Monthy <) 18Month 4) 24Month ‘Which one of the following section deals with form of summons? a). Section 60 b) Section 61.“ €). Section 62 4d) Section 64 Scanned by CamScannerCOC 25% one state to another civil court in Both (A) and (8) ) Only (A) In which of the following cases, an C a) Asues Con a bill of exchange for Rs, S00/-, Calleges that A has wrongfully neglected to insure C's goods and he Is Hable to pay compensation. 8) Asues Con abill of exchange for Rs, $00/-, C holds a decree against Afor recovery of debt of Rs, 2000/ ©) Asues Band Cfor Rs. 1000/-, the edt is due to Calone by A. 4) and B sues Cfor Rs. 1000/-, the ‘debt is due to C by alone, 1 The Latin word Res ipsa Lagultr* ENGUSA SETA ) Both (a) and (b) ) None of the Abow' n which ofthe following cases the pal of common Employment was evolved for the first time? a) Rylands Vs Fletcher b) Priestley Vs Fowler d) Wagon Vs Mound” 2. Disciplinary Committee of Bar Council Conferred the powers of Civil Court code of Civil Procedure 1908 Section 36 of Advocates Act 19614 Section 42 of Advocates Act 1961 Section 42 A- of Advocates Act 196 d)_ Section 28 of Advocates Act 1961 Which one of the following is a leading case on ‘Injuria Sine Damnum’ a) Rylands Vs Fletcher ) Ashby Vs White” ©) Donougue Vs Stevension 4) Allof the Above 21. Which one is leading case on Strict ability? a) Alen Vs Flood ») Rylands Vs Fletcher” ©) Borhil Vs Young 4) Donougue Vs Stevension 22, Section 66A was invalidated by the Supreme Court of India in: 4) Anvar P. V. Vs P.K. Basheer, (2014)10 sce 473. 'b) Shreya Singhal Vs Union of India, ‘AIR 2015SC 1523, ©) Dr. Prafulla Desai Vs State of Maharashtra, AIR 2003 SC 2083. 4) State (NCT of Dethi) Vs Navjot ‘Sandhu, (2005) 13 SCC 600, Scanned by CamScabal Babes 23. Environmental impact assessment ( EIA) is mandatory under a) Indian forest act, b) Air act ©) Wildlife protection act 4) Environment protection act, When two or more person, by fighting in a public place disturb the public the public peace, they are sald to commit a) Ariot b) Anaffray~ ©) Anassault 4) None of the above Promotion of “class hatred" in given under a). Section 153-A of the Pic bb) Section 153-AA of the I.P.C €) Section 153-8 of the LP.c 4). Section 144-A of the LP.C The distinction between section 299 and 300 was made clear by Melvin: a} Reg Vs Gorachand Gopee b) Reg Vs Govinda, ¢) Govinda Vs Reg d) Reg Vs Hayward Which of the followings not a Federal feature of any Constitution a). Written Constitution b) Double set of Goverament ©). Rigid Constitutional d)_ Single Citizenship, Parliament in exercise ofits power to ‘amend under Article 368, may not amend a) Preamble b) Fundamental Right ©) Supreme Court 4). Basie statement Which article starts with “Subject to public order, morality & health”. a) Article 14 b) Article 25 ©) Article 28 ENGUSH-SET-A] d) Article 25 Section 19 of the Hindu Adoption and Maintenance Act 1986 provides for the Maintenance of: a) Wife ») Parents ©) Widowed daughter -indtaw 4) Children. Section 30 of the Hindu successions Act, 1956 deals with:- a) Woman estate ) Testamentary Successions” ) Male Successions 4) Female Successions ‘Which one ofthe following sections of CrP.C deals with examination of person accused of rape by medical practitioner, a) Section 54-4 b) Section S5-A €) Section 53-A/* d)_ Section 60-4 ‘According to section 167 of the Cr.P.C ‘an accused person can be remanded to police custody for not more than. a) 7 days at one time b) 30 daysat one time ¢}_ 15 daysat one time 4) 60 daysat one time Which ofthe following is essential for vali adoption under the Hindu Marriage Act, 1955? 2) Datta homam bb) Actual giving and taking of child ¢) Both (a) and (b) W/Wone of the Above “Hindu mate can adopt a female child, If the difference of age between the ‘twos of more than a) 15 years b) 18 years ©) 20 years 4) 21 years_- Which ofthe following relations is not dependent under Section 21 of the Scanned by CamScannerBOLDECTE ABET ENGLSHS! Hind Adoption and maintenance Act 19567 2) Grand Mother ~~ b) Mother ©) Widow 4) Daughter ‘A communication made to the spouse during marriage, uncer section 122 of 1 Indian evidence act a) Remains privileged even after Aissolution of marriage b) Does not remain privileged after Aissolution of marriage only by divorce Does not remain privileged after dissolution of martlage only by death 9 Does not remain privileged in both the case (b) and (c) which section ofthe Indian Evidence act provides that an accomplice isa competent witness 1) Section 114 illustration (8) b) Section 138 ). Section 133,“ 4) Section 134 Which is the subject matter of neighbouring rights pretertion-= a), Performance b) Dramatic work €) Geographical indication 4) New varieties and plant ‘adam Smith has enumerated cannons ‘of taxation which are accepted universally they are: fa) Equality and Certainty Equality, convenience and Economy Equality and Economy Equality, Certainty, Convenience and Economy. For the frst time in India Income tax Jaw was introduced by SirJames Wilson inthe year a) 1886 / by 3868 1860 4) None of the Above Which one ofthe following sections of Cr. PC deals wth compoundable offence? 2} Section 319 b) Section 3207 6) Section 321 4) Section 324 43. What is the time limit under section 468 of Cr. PC for taking cognizance: a}, One yea b). Two year ©) Three year” 8) No limit 44, “industrial establishment” means- 1. factory ji, Amine i, A plantation Jy Anindustry a i (0 HM) tevci,c, i)* (e) Gand tin (arty) Strike should be called only fat least onpercent of workers are in support of strike, (Filln the blank), 3) 10 b) a5. 20 4) 25 Industrial relations cover the following areas) ') Collective bargaining i) Labour legislation” ii) Industral relations training: iv) Trade unions gn, {)() and i) {e160 id ana tai) 4) (i i) ana (4) 47. The term ‘Suit of a Gvil Nature! rofers to Scanned by CamScannerBOrbECTE ABET a). Private rights and obligations of a citizen. bb) Politica, social and religious question, ©) Asuit in which principal question relates to caste or religion, d) Allof the above The rule of res Sub- Judice Implies a), Where the same subject matter Is pending is a court of law for ‘adjudication between the same parties, the other court is barred to entertain the case so long as the first sult goes on. ‘Where the same subject matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the frst suit goes on, ‘Where the different subject matter is pending in a court of law {or adjudication between the same parties, the other court is barred to entertdin the case so long as the frst suit goes on. 9)4 None of the above ‘sult brought by a person to recover possession from a stranger of matth property claiming it s heir of the ‘deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was flled by him as manager of the math, 2) The second sult willbe barred by Res udicata bb) The second suit wil not be barred by Res judicata, ©) The second sult willbe barred by Res sub —ludicae @) Mone ofthe above Which among the following isnot an ‘AOR method under Section 89 of CPC 1908- 2) Min Trak 8) glial settlement Through ok adalat ©). Conciliation 8) None ofthe ove What is the maximum n Conciliators allowed in aconcelatons proceeding aa 8) 2 a5 BF None ofthe Above . What isthe stats ofa settlement agreementin cancelation proceeding a) Non= binding , b) Same a setiement award Unie a setiementaviard 9 None ofthe above under section 118 of the Indan evidence at, person 8 competent witness i he or she- a) Isamajor 8) Isnottunatic €) Isnot of extreme od age 4), Iscapable of understanding questions puto him an ving rational answers respective of axe which ofthe following judgement i irelevant under section 43 of Incian ‘evidence at 23}, Judgement ofan insolvency court LAT sudgement of eriinal court” )_udgement of matrimonial cour 4) Judgement of probate court 58. under whieh section ofthe Indian evidence act a witness hasbeen aiven right to refresh his memory a) Section 157 ) Section 158 46) Section 359 Section 160 56. “Mandamus” May be issued by 2) Supreme court b) High cour Scanned by CamScannerWeSC A ETC ©) District court 63, The provisions regarding sedition are 9) Both (a) & (b) aiven: ‘The provision for administration 2). Under section 128 of the 1.C tribunals added by Ua" Under section 124-8 of the LP.C a) 42" Amendment Under section 121-A of the LP.C b) 44” Amendment d) Under section 130 of the 1.P.C ©) 24” Amendment 64, A suit may be dismissed under order @) 43" Amendment e The provision relating to free legal aid |) Where the summons snot served isgiven under ‘upon the defendant in 2) Section 301 consequence ofthe plaitifs BT Section 304 failure to pay costs for service of ©). Section 303 summons (Rule 2), 8). Section 305 Where neither the plaintiff nor Under Which one ofthe following the defendant appears (Rule 3) provisions of Cr.P.C police officer is Whee plaintiff, after summons Under an obligation to produce the returned unserved, fallfor 7 days person arrested before a magistrate to.apply for fresh summons (Rule within 24 hours of the arrest sy a) Section 56 Wihere on the date fixed for LB) Section 57 hearing in a suit only defendant ‘q)_ Section 60 appears and he does not admit 4) Section 70 ‘the plaintf’s claim, (Rule 8) 60, who may record confessional Codes statement under section 164 of the 2) land i crP.c? b) 1 andi. a) Police Officer ©) ti tlland wv AbY Judicial officer GY of the above. ®) Both Aand 65. The Exofico chairman of the council 4) Judicial Magistrate having of state is? Jurisdiction only. a) The President The provision relating Ples bargaining b) Speaker, Lok Sabha is not applicable in following offence. LS Viee President a) Scio economic offence ‘@) None of the above ) Offence against women 6) Both Aand 8 4) None ofthe above When two or more persons agree to do an illegal actor an act which is not 66. Right to property in India is a). Fundamental Right b) Constitutional ight A Statutory Right «d)_ Legal Right 67. Which of the following writs means to illegal by illegal means such an agreement is designated as: produce the body of a person? 2) Abetment by conspiracy b) Abetment by Aid b) Quo warranto GJ Criminal conspiracy €). Prohibition d)_Abetment wa’ Habeas Corpus a) Certiora Scanned by CamScanner68, Delegated legislation was declared constitutional in? 2} Berubari case 1b) Re Delhilaws actcase « )_ Keshwarnané bharti case 4) Maneka Gandhi case ‘A Prospectus which does not include complete particulars of the quantum or price ofthe securities included therein in known as: 2) shelf Prospectus 3} memorandum 6) Redd Herring Prospectus 4) Issuing house When there sno profit in ane year or the profit ofa company is not enough to pay the fined dividend on preference shares, the areas of dividend are to be caried forward and paid before a dividend is paid on the ordinary shares. This called 2) Participating preference shares b) cumulative preference shares «)Non- cumulative preference shares €d) Non- Participating preference shares dustrial dispute" means any dispute or difference between i. Employers and empioyere~ i. Employers and workmen / i Workmen and workmen iv. Master and worker (an(ana (ove) (e) 8) and) 46) i) and i 72 Who among the following cannot transfer an immovable propery? 2) Hindu widow ) Muslim widow «Natural guardian ofa minor. {) Karta or manager of joint Hindu family 73, The doctrine of Us pendens ‘was explained inthe leaing case of 2} Bellamy Vs Sabine b) Cooper Vs Cooper. c) Streatifised Vs Streafield 6) Tulk Vs Moxbay X strike‘. is by this provocation ‘excited to violent range. Y'3 bystander intending to take advantage of A's rage and to cause him kil, vasa revolver into ‘A's hand for that purpose. ‘A’ kills” with the revolver {)Aisliable for committing murder and Vis able for abetting murder Aisliable for committing culpable homicide and Yis not liable. Aisliable for committing culpable homicide and Yi liable for abetting culpable homicide not amounting to murder 4) isnot liable and Ys lable for abetting murder. Right to fare Legal Aid was recognised ‘asa fundamental right under act 21 of Indian Constitution in the Case of- ‘a Hussaainara Khatoun Vs Home Secretary, State of Bihar, Air 1979 sc.1360 b)_ MAH Hoskot Vs State of Maharashtra, Air 1978 SC 1548 ©) Madhu Mehta Vs Union of india (4989) 4c 1508 d)_Rudal Shah Vs State of Bihar (1983) 45 5¢14 In Which Country was the concept of PIL Originated a), United Kingdom — 'b) United State of America india, ) Australia ‘A question suggesting the answers ‘which the person putting it wishes or expects to receive i called a) indecent Questions bb} Leading Questions Scanned by CamScannerace DEC 18 €)_ improper Questions 4) Proper Questions Option of puberty is aground of aivorce Under Hind Merroge Act 1955 for 2) Only Husband bYOnly wite ¢) Both Husband and Wie 4) Hone of the Above ‘Which section ofthe Hindu Marriage Act 1955 provides that a child froma void marriage would be legitimate? 2) Section 13 b) Section 13 (a) ¢) Section 12 Section 16 Which of the following appears to contribute to global cooling rather than global warming 3), Nitrous Oxide b) Aerosols <) Methane a) cr ‘and B agree to fence with each other for amusement This agreement implies the consent of each to suffer any harm which inthe course of fencing, may be caused without foul play and if A, while playing fay, hurts 8, A commits no offence, The provision are given under: a). Section 87 Section 85 ©) Section 86 d) Section 88 ‘The provision of the right of private defence are given: a). Under section 96- 108 of the Indian penal code b)_ Under section 94-106 of the Indian penal code {Under section 96-108. he Indian penal code Under section 95- 106 of the Indian penal code 83, The parties which cannat be compelled to perform specific performances of contract are provided in which section of Specific Relief Act a7 b) 28 ae @) 30 84, What kind of property is transferable? 2) Pension ©) Public office €) Right to re-entry Any kind of property if not prohibited by ow. 85. Which ofthe following does not come under the immovable property’ as perthe TP. Act? 3) Sales of celing fan, b) Right to claim maintenance. «Right relating to lease” 4) Easementary right, 86, tate of UP. Vs Nawab Hussain 1977 SCR (3) 428 relates to: 23} Res subjudice b) Res juieate. Constructive resjudicata 4} Deemed rejudicata £87, Xislvingin Pune and Y, his brother in Mumbai X wants to flea sult for partion of ther joint property situated in Deli and Bangalore 2}, The suit may be instituted in Delhi % ony. 1) The suit may be instituted in Bangalore only €) The suit may be instituted ether in Det or Bangalore 4) None of the above, 88, An immovable property held by Vis situated at hopal andthe wrongdoer personally works for gin at Indore. A Suit to obtain compensation for ‘wrong tothe property may be instituted inee | ‘ology (amendment) Act, 2008 formed through electronic means a) Section 12 ) Section 104, 1 B joint siting of both Houses of sariament may be called by the? a) Speaker ) Chairman ©) President 8). Prime Minister Specific rele nue Where the agreement is made with minor fllin the blanks 2) Conget ) Cannot be given , ). Canrelease 4) Implemented with law ‘person entitled tothe possession of specific immovable property may recover in the manner provided by a) The code of procedure, Act 1908, The Indian registration Ac, 1908 )_ The Indian Contract Act, 1872. 4)/ The Transfer of property Act, 39 of Specific Relief Act deals Registration of instrument cellation of Instruments Correctness of instruments None of the above ‘A "dumb witness" given his evidence in waiting in the open court, such evidence would be treated as 4), Oral evidence b) Documentary evidence €) Secondary evidence 4) Primary evidence tundee the Indian evidence act, which ofthe following isnot a court a). Persons legally authorised to take evidence b) Judges ©) Magistrates AT Arbitrators: Which ofthe following section of the ‘motor vehicle Act 1988 defines the term ‘Owner’? 2) Section 2 (20), “b) Section 2 (31) «Section? (25) 4) Section 2 (32) Under Land Acquistion Act, 1894 an industrial concern, ordinarily, ‘employing not less than workmen owned by an individual or by an association of individuals and not being a ‘Company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, 30 faras concerns the Acquisition of such land, be deemed to be a company for ‘the purpose ofthis part, and the references to company in [sections 4, 53, 6,7, and 50] shall be interpreted,0, i AGE NI ENCLISHSETA as references also to such concern, Fil in the blanks: a) One Hundred * b) Two Hundred ©) Three Hundred d) Four Hundred Under Land Acquisition Act, 1894 the expression "Company" means- a) a company as defined in section 3 of the Companies Act, 1956, other than a Government company referred to in clause(cc); ) a company as defined in section 2 of the Companies Aet, 1956, other than a Government company referred toinclause (c) 4 «) a company as defined in section 1 of the Companies Act, 1956(1 of 1956) other than a Government referred to in clause (ec); 4) a company as defined in section 6 ‘of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (c) Scanned by CamScanner