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    Aibe 13

    Uploaded by

    saloni garg

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    © All Rights Reserved
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    of 11
    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 shal! not be allowed to leave the Examination Hall before the conclusion of the examination. * Donot 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. : 25x ERCUSTSETANS 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 bb) 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 system 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 piltate their Children Through rious welfare measures an !so 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 3012 Gaurav Jain Vs Union of india, AIR 1997 Section 3021, Delhi Domestie Working women’s rum Vs Union of india (1998) 1 Section 14 Sheela arse 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, ©). The Trademark Act, 1999 ) The designs Act,2000, |: What isthe maximum duration within which fast track arbitration must be completed- a) 6 Month b) 12 Month ©) 18Month 4) 24Month ‘Which one of the following section deals with form of summons? a). Section 60 b) Section 61.“ €). Section 62 4) 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 Hiable to pay compensation. 8) Asues Con abillof exchange for Rs, $00/-, C holds a decree against Afor recovery of debt of Rs, 2000/ ©) Asues Band C for Rs. 1000/-, the edt is due to Calone by A, 4) and B sues for Rs. 1000/-, the ‘debt is due to C by alone, 1 The Latin word Res IpsaLagultr* 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 1961 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 Naviot ‘Sandhu, (2005) 13 SCC 600, Scanned by CamSca tal Bowes 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) Anaftray~ ©) 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 1.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 Melvil in: 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 Government ©) 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 »b) 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 Cr.P.C deals with examination of person accused of rape by medical practitioner, a) Section 54-4 b) Section S5-A €) Section 53-A/* 4d) Section 60-A ‘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 ¢}_ 18 daysat one time 4) 60 daysat one time Which ofthe following is essential for vali adoption under the Hindy Marriage Act, 1955? a) Datta homam ») Actual giving and taking of child ¢) Both (a) and (b) W/one of the Above “Hindu male can adopt a female child, If the difference of age between the ‘twos of more than a) 15 years b) 18 years ©) 20years 4) 21 years_- Which ofthe following relations is not dependent under Section 21 of the Scanned by CamScanner BOLDECTE ABER ENGLSHS! Hind Adoption and maintenance Act 19567 2) Grand Mother ~~ b) Mother ©) Widow 4) Daughter ‘A communication made to the spouse during marriage, under 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 Does not remain privileged in both the case (b) and (c) which section ofthe Indian Evidence act provides that an accomplice isa competent witness 1a}, Section 114 illustration (8) b) Section 138 ). Section 133, d) Section 134 Which is the subject matter of neighbouring rights pretertion= a), Performance b) Dramatic work €) Geographical indication 4d) New varieties and plant ‘adam Smith has enumerated cannons ‘of taxation which are accepted universally they ar: 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 with 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 ©) Threoyear” 8) No limit 44, “industrial establishment” means- 1. factory ii, Amine i, plantation Jy Anindustry a i (i ~ tevci,c, i)* (e) Gand tin (a onty i) Strike should be called only fat least on-percent of workers are in support of strike, (Film 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) {e) (0 id ana ai) £4)(0 (i i) ana) 47. The term ‘Suit of a Gvil Nature! rofers to Scanned by CamScanner BorECTS AUBERT a) Private rights and obligations of a citizen. bb) Political, 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 ppendingis 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 firs suit goes on. 9)4 None of the above ‘Ault brought by a person to recover possession from a stranger of matth property claiming it as 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 judicata bb) The second suit wil not be barred by Res judicata The second suit willbe barred by Res sub —Judicae 4) None of the above \Which among the folowing is not an ‘AOR method under Section 89 of CPC 1908- 2) Min Trak 8) gli setement Through ok adalat ©) Conciliation 8) None ofthe ove What is the maximum n Conciliators alowed in aconcelatons proceeding aa 8) 2 a5 BF None ofthe Above . What isthe stats ofa settlement agreementin cancelation proceeding a) Non= binding , 3b) Same as setiement award Unie a setiementaviard 91 None ofthe above under section 118 of the Indian evidence at, person ss competent witness i he or she- a) Isamajor 8) Isnotiunatic ¢) Isnot of extreme od age 4), Wscapable of understanding questions puto him an ving rational answers irrespective of axe which ofthe following judgement i irelevant under section 43 of Incian ‘evidence at 8}, Judgement ofan insolvency court LAT sudgement of eriinal court” «)_udgement of matrimonial cour 4) Judgement of probate court 58. under whieh section of the Indian evidence act awitness hasbeen avon right 0 refresh his memory a) Section 157 Section 158 16) Section 359 Section 160 56. “Mandamus” May be issued by 2) Supreme court High cour Scanned by CamScanner SCE AE VCS ©) District court 63, The provisions regarding sedition are ©) Both (a) & (b) siven: ‘The provision for administration 2). Under section 124 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 1K The provision relating to free legal aid |) Where the summons s not served isgiven under ‘upon the defendant in 2). Section 301 consequence ofthe plaintifs BT Section 304 failure to pay costs for service of ©) Section 303 summons (Rule 2),j 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 \Wheee 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 plantf's claim, (Rule 8) 60, who may record confessional Codes statement under section 164 of the 3) land i crp.c? b) 1 andi. a) Police Officer ©) Ii tllandi AbY Judicial officer GY of the above, ®) Both Aand 8 65. The Exolfico chairman of the council 4) Judicial Magistrate having of state is? Jurisdiction only. a) The President The provision relating Ples bargaining ) 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 llega actor an act which is not 66. Right to property in India is a) Fundamental Right b) Constitutional ight AF 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? 8) Abetment by conspiracy b) Abetment by Aid b) Quo warranto © Criminal conspiracy ). Prohibition d)_Abetment

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