AIBE 2021 Previous Year Questions

All 98 questions from AIBE 2021 (All India Bar Examination). Questions are available free. Login to see official answers and detailed explanations.

Code of Civil Procedure (CPC)

Q1

If a party who obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do that without the leave of the Court?

a.Fifteen days
b.Fourteen days
c.Twenty days
d.Thirty days
Q15

Under Civil Procedure Code find the incorrect match:

a.Section 5 Revenue Court
b.Section 7 Provincial Small Causes Court
c.Section 9 Pecuniary Jurisdiction of Courts
d.Section 8 Presidency Small Cause Courts
Q29

Which of the following Sections of the Civil Procedure Code define the 'Mesne Profit'?

a.Section 2(4)
b.Section 2(14)
c.Section 2(6)
d.Section 2(12)
Q57

Recovery of Specific Immovable Property may be obtained by C.P.C within what period-

a.Within 7 months
b.Within 6 months
c.Within 8 months
d.Within 10 months
Q59

A plaint has to be presented to the Court under Order IV, Rule 1 in

a.Single copy
b.Duplicate
c.Triplicate
d.No fixed rule
Q60

Omission to give notice under Order XXI. Rule 22 will

a.Render the execution null and void
b.Render the execution irregular
c.Render the execution voidable
d.Not affect the execution
Q61

Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section 82 CPC, execution, shall not be issued on any such decree unless the decree remains unsatisfied for a period of

a.3 months from the date of decree
b.6 months from the date of the decree
c.1 year from the date of the decree
d.2 years from the date of the decree
Q72

Under Civil Procedure Code, 1908 "Foreign Court" means

a.A court situated outside India
b.A court situated outside India and not established under the authority of Government of India
c.A court situated in India, applying foreign law
d.All of the above
Q74

Provisions of Section 10 of CPC are:

a.Directory
b.Mandatory
c.None- Mandatory
d.Discretionary
Q75

Constructive res-judicata is contained in which of the following?

a.Explanation III to Section 11
b.Explanation IV to Section 11
c.Explanation VI to Section 11
d.Explanation VIII to Section 11
Q80

Provision for settlement of dispute outside court has been provided under Section .......... of Civil Procedure Code.

a.91
b.89
c.51
d.151

Professional Ethics & Cases

Q2

Punishment of advocates for misconduct has been given under section of the Advocate's Act - 1961?

a.30
b.32
c.35
d.None
Q30

An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. ... It was said in-

a.Hikmant ali khan Vs Ishwar Prasad Arya, 1997 3 SCC 131
b.O.P. Sharma Vs high court of Punjab Haryana, (2011) 6 SCC 86
c.L.D. Jaikwal Vs state of Uttar Pradesh, (1984) 3 SCC 405
d.Shamsher singh bedi Vs High court of Punjab Haryana, (1996) 7 SCC 99.
Q45

The maximum limit of the members of the state bar council:

a.15
b.20
c.25
d.None.
Q85

Advocate's act 1961 came into force on:

a.19th May, 1961
b.19th April, 1961
c.1st May, 1961
d.19th January, 1961

Cyber Law (IT Act)

Q3

A company wishes to ensure that no one else can use their logo.

a.Copy rights
b.Trade mark
c.Patent
d.Industrial designs
Q9

The term 'WIPO' stands for:

a.World Investment policy organization
b.World intellectual property organization
c.Wildlife Investigation and Policing organization
d.World institute for Prevention of organized crime
Q33

Cyber law deals with

a.All activities concerning the internet
b.IPR
c.E-commerce
d.All of the above
Q56

Cyber crime is in nature

a.Tangible
b.Intangible
c.Of mental Violence
d.None of the above

Arbitration & ADR

Q4

The Section of the Arbitration and Conciliation Act, dealing with the time of commencement of arbitral proceeding is?

a.Section 20
b.Section 21
c.Section 22
d.None of the above
Q27

An arbitration proceeding is a:

a.Judicial proceeding
b.Quasi-judicial proceeding
c.Administrative proceeding
d.None of the above
Q28

What is ad hoc arbitration?

a.It is a proceeding administered by the parties themselves, with rules created solely, for that specific case
b.Parties make their own arrangement with respect to all aspects of the arbitration, including the laws and rules
c.The seal of arbitration, the language, and the scope and issues to be resolved by means of arbitration.
d.(a) (b) (c)
Q77

Reference to the Arbitration is provided in which section of the Arbitration and Conciliation Act, 1996

a.Section 7
b.Section 8
c.Section 9
d.Section 10

Labour & Industrial Laws

Q5

The payment of compensation to railway employees by the railway administration for injury by accident is governed by:

a.The Employees Compensation Act, 1923
b.The payment of Wages Act, 1936
c.Rights of Persons with Disabilities Act, 2016
d.The Workmen Compensation Act, 1986
Q6

The minimum amount of compensation payable under Employees Compensation Act, 1923 in case of total permanent disablement of a railway servant due to accident is Rs?

a.Rs 80,000/-
b.Rs 90,000/-
c.Rs 1,40,000/-
d.Rs 1,20,000/-
Q23

A company which is not a domestic company will pay income tax at the rate of :-

a.25%
b.30%
c.40%
d.20%
Q24

Amount of deduction under section 24 of The Income Tax Act from annual value is -

a.12 of Annual Value
b.1/3 of Annual Value
c.3/10 of Annual Value
d.17/10 of Annual Value
Q49

Rate of additional Depreciation will be under section 32- Indian Income Tax Act

a.10%
b.20%
c.15%
d.30%
Q88

According to section 2 of motor vehicles Act, 1988 the term motor cab means any motor vehicle constructed or adapted to carry not more than

a.5 passengers or including the driver
b.6 passengers or including the driver
c.5 passengers or excluding the driver
d.6 passengers or excluding the driver
Q95

Schedule IV of the Employees Compensation Act 1923 deals with

a.Age factor for calculating the amount of compensation
b.List of persons who are included in the definition of 'Employee'
c.List of occupational diseases
d.List of injuries Deemed to Result in Permanent Total Disablement
Q96

A Railway servant was killed in a bus accident during the course of employment. His family members may claim compensation under

a.The Motor Vehicle Act
b.The Employees Compensation Act, 1923
c.Both (a) and (b)
d.Either under (a) OR under (b)

Bharatiya Nagarik Suraksha Sanhita (BNSS)

Q7

The Bond under section 109 Cr.P.C as security for good behaviour from suspected person can be executed for a period not exceeding:

a.Six months
b.Two years
c.One year
d.Three months
Q8

The maximum limit of Rs. 500 that could be paid to the wife as maintenance under Section 125 of the Cr.P.C 1973 was removed in:

a.1973
b.1989
c.2001
d.2007
Q11

Under the scheme of Criminal Procedure Code, non-cognizable offences are:

a.Public wrongs
b.Private wrongs
c.Both public and private wrongs
d.None of the above
Q35

Which of the following cases can be cured under section 465 of the code of criminal procedure, 1973?

a.Entertaining of complaint without complying with section 195 and 340 of the Cr.P.C
b.The reading and recording of the evidence taken in one case into another companion case
c.The examination of witness in absence of the accused
d.Non Compliance with 235(2)
Q36

Which of the following statements hold true for de novo trials?

a.Omission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trials
b.A de novo trial should be the last resort
c.the court originally trying the case can order de novo trial
d.None of these
Q44

A Chief Judicial Magistrate may pass a sentence of imprisonment

a.Not exceeding seven years
b.Exceeding seven years
c.For life
d.None of the above
Q47

Any private person may arrest any person who:

a.Commits non-bailable offence in his presence
b.Commits non- bailable offence and cognizable offence in his presence
c.Commits compoundable offence in his presence
d.Commits offence in his presence or is a proclaimed offender
Q48

How long a warrant of arrest shall remain in force?

a.6 years
b.10 years
c.12 years
d.Until executed or cancelled
Q63

The offences under the Prohibition of Child Marriage Act, 2006 are

a.Cognizable and bailable
b.Non cognizable and non-bailable
c.Cognizable and non-bailable
d.Non cognizable and bailable
Q71

In which of the following cases the Supreme Court has held that the investigating officer should be allowed to refer to the records of investigation

a.State of Karnataka Vs Yarappa Reddi
b.Mohammed Khalid Vs State of West Bengal
c.Baburam Vs State of U.P.
d.State of Rajasthan Vs Om prakash
Q90

Under Criminal procedure Code 1973, who shall record the information of rape being given by a rape victim?

a.Officer in-charge of the police station
b.Deputy Superintendent of police
c.Officer not below the rank of Sub Inspector
d.Woman police officer or any Woman officer
Q91

Under the provision of the code of criminal procedure, 1973

a.Summons can be oral
b.Summons cannot be served on corporate entities
c.Summons are either for appearance or for producing a document/thing
d.Summons can be served to servants in case the person on whose name summons are made cannot be found

Bharatiya Nyaya Sanhita (BNS)

Q10

The Committee which led to the passing of the Criminal Law (Amendment) Act, 2013 was headed by

a.Justice Dalveer Bhandari
b.Justice Altamas Kabir
c.Justice J.S. Verma
d.Justice A.S. Anand
Q19

Under which Section of IPC, Professional Negligence is often invoked against medical professionals in cases alleging professional negligence?

a.303A
b.304A
c.302
d.305
Q20

A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe.

a.A has abetted the offence define in Section 160, IPC
b.A has abetted the offence define in Section 161, IPC
c.A has abetted the offence define in Section 162, IPC
d.A has abetted the offence define in Section 163, IPC
Q34

As per section 44 of IPC, the word "injury" denotes any harm whatever illegally caused to any person's

a.Body
b.Mind
c.Reputation
d.All above
Q39

Z, under the influence of madness, attempts to kill X. Is Z guilty of an offence. Has X the same right of private defence which he would have if Z were sane?

a.Z has not committed any offence and X has the same right of private defence as if Z were sane.
b.As per Section 98 of IPC, X has committed an offence and no right of private defence to X
c.Z has committed an offence for not using his mind
d.None above
Q97

"Casting Couch" in Bollywood, the Indian film industry, is an example of-

a.sexual assault
b.sexual harassment
c.both (a) and (b)
d.None of the above
Q98

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital is dealt under

a.Section 215 of IPC
b.Section 216 of IPC
c.Section 217 of IPC
d.Section 218 of IPC

Constitutional Law of India

Q13

What is meant by procedural ultra-vires?

a.It is the non-observance of the procedural norms by the rule-making authority
b.It may make the rule ultra vires due to non-observance of rule-making authority and hence become void
c.It means the lacuna in the procedure of law
d.(a) and (b)
Q14

The ground of "error of law apparent on the face of the record" is connected with which of the writ?

a.Quo-warranto
b.Mandamus
c.Habeas Corpus
d.Certiorari
Q16

The "Objective Resolution" adopted by the constituent assembly on January 22, 1947 was drafted by

a.Jawaharlal Nehru
b.Dr. B.R. Ambedkar
c.Dr. Rajendra Prashad
d.B.N. Rao
Q17

Right to the property was eliminated from the list of Fundamental Rights during the tenure of

a.Indira Gandhi
b.Charan Singh
c.Rajiv Gandhi
d.Morarji Desai
Q25

The test of reasonableness is not wholly test and its contours are Fairley indicated by constitution.

a.Subjective
b.Objective
c.Descriptive
d.Summative
Q26

The power to enact a law relating to the citizenship of India is left to under the provisions of Article 11 of the Indian Constitution.

a.President
b.Council of ministers
c.House of people
d.Parliament
Q37

The phrase "file a PIL, ostensibly in public interest but, in fact, to serve personal or private interests" means -

a.filing PIL for protection of only public interest
b.filing PIL for protection of both public and private interest
c.filing PIL for protection of only private interest
d.filing PIL alleging it to be in public interest but actually seeking protection of private interest
Q38

Filing of frivolous PILs results in-

a.increasing backlog of cases
b.wastage of resources
c.lesser availability of time for hearing other genuine cases
d.All of the above
Q54

In which of the following case the Supreme Court First of all made an attempt to look into the question regarding the extension of the right to life to the right to Health and other Hygienic conditions

a.The Rural Litigation and Entitlement Kendra Vs State of Uttar Pradesh.
b.M.C Mehta Vs Union of India
c.V. Lakshmipathy Vs State of Karnataka
d.F.K. Hussain Vs Union of India.
Q64

Protection against arrest and detention in certain cases is mentioned in which of the following Articles of Indian Constitution?

a.Article 21
b.Article 21A
c.Article 22
d.Article 22A
Q65

Article 300A of Indian Constitution i.e. Right to property has been inserted in the Constitution by

a.44th Amendment Act
b.42nd Amendment Act
c.40th Amendment Act
d.515 Amendment Act
Q69

Freedom of Residence under Article 19 of that Indian Constitution is available in which of the following clauses?

a.Clause (1) (e)
b.Clause (1) (d)
c.Clause (1) (b)
d.Clause (1) (c)
Q73

Misuse of mechanism of PILs means-

a.filing PILs for protection of private interest
b.filing PILs for oblique motive
c.filing PILs only for publicity
d.All of the above
Q76

The famous pronouncement of Delhi High Court regarding constitutional validity of section 377 Indian Penal Code reversed by Supreme Court in:

a.NALSA Vs Union of India
b.Naz Foundation Vs Government of NCT of Delhi
c.Shabnam Hasmi Vs Union of India
d.Suresh Kaushal Vs Naz Foundation
Q82

According to the provisions of Article 315 of the Indian Constitution: I. There shall be a public service commission for the Union and a Public Service commission for each state. II. The public service commission for the Union, if requested to do by the governor of a state may, with the approval of the president, agree to serve all or any of the needs of the state. Which of the above statements is/are correct?

a.Only I
b.Only II
c.I and II
d.None of them
Q84

What is the leading decision in the case of Menaka Gandhi Vs Union of India?

a.Right of hearing
b.Separation of powers
c.Delegated legislation
d.Rule of evidence
Q92

Every person who is a member or a defence service or hold a any civil post under the Union, holds office during the pleasure of the

a.Prime Minister
b.President
c.Council of Minister
d.Both (A) and (B)

Bharatiya Sakshya Adhiniyam (BSA)

Q18

When the accused states, "I will produce the share which I gave received in such and such robbery" which of the following are not admissible with regard to Section 25, Indian Evidence Act? I. An admission that there was a robbery II. An admission that the accused took part in it III. An admission that he got part of the property IV. A statement as to where the property is

a.I, II and III
b.III and IV
c.II, III and IV
d.All of them
Q40

Admission can be broadly categorised into:

a.Judicial
b.Extra- judicial
c.Either A and B
d.Both A and B
Q41

Section 65, Indian Evidence Act lays down:

a.A notice must be given before secondary evidence can be received under section 65 (a), Indian Evidence Act
b.Notice to produce a document must be in writing
c.Order XI, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document
d.All of them
Q70

Under which section of the Evidence Act, admissions are defined?

a.17
b.16
c.15
d.18
Q78

Under the head subsequent conduct, which of the following type of conduct would be material?

a.Change of life
b.Evasion of justice
c.Fear, trembling
d.All of them
Q81

The Indian Evidence Act came into force on

a.6th October, 1860
b.1st March, 1974
c.15th March, 1872
d.1st September, 1872
Q83

How many kinds of presumptions are there as classified by the Supreme Court?

a.Permissive presumptions or presumptions of facts
b.Compelling presumptions or presumptions of law (rebuttable presumptions)
c.Irrebuttable presumptions of law or conclusive presumptions.
d.All of them

Specific Relief Act

Q21

When Perpetual Injunction may be granted-

a.Where the defendant is trustee of the Property for the plaintiff.
b.Where there is no standard for ascertaining the actual damage.
c.Compensation in money would not afford adequate relief.
d.All of the above.
Q43

What is the Period of Limitation for expeditious disposal of Suit under Specific Relief Act 1963:

a.6 month
b.10 month
c.12 month
d.18 month
Q46

Specific Relief Act 1963 contains-

a.6 chapters and 40 Sections
b.7 chapters and 42 Sections
c.8 chapters and 43 Sections
d.8 chapters and 44 Sections

Land Acquisition Act

Q22

In case of land acquisition by the Central Government for public-private partnership projects, consent of how many affected families is mandated by the LARR Act?

a.60%
b.70%
c.80%
d.90%
Q58

Who appoints the Commissioner for rehabilitation and resettlement under the LARR Act?

a.LARR Authority
b.Minister of Environment and Forests
c.Central Government
d.State Government

Law of Contract

Q31

Section 8 of the companies act, 2013 contains provision relating to

a.incorporation of company
b.formation of companies with charitable objects, etc
c.effect of registration
d.Effect of memorandum and articles.
Q66

Which of the following sections of the Muslim Personal Law (Shariat) Application Act, 1937 have been repealed/ amended by section 6 of the Dissolution of Muslim Marriage Act, 1939?

a.Section 4
b.Section 5
c.Section 6
d.Section 7
Q86

Health and education cess is applicable to -

a.All assesses
b.All assesses except company
c.Individual / HUF
d.Company only
Q87

Contractual Liability arises, where:

a.There is offer and acceptance only.
b.There is intention to create legal relation.
c.There is loss to one party
d.The loss of one party is the gain of other party.
Q89

The National Commission of Consumer Protection is composed of-

a.7 members;
b.5 members;
c.8 members;
d.6 members ;
Q93

Promissory estoppel against Government agencies is decided in:

a.Tweedle Vs Atkinson
b.Dutton Vs Poole
c.Pournami oil Mills Vs State of Kerala
d.Kedar Nath Vs Gauri Mohamad
Q94

Frustration of contract is provided by which section of the India contract Act?

a.Sec. 73
b.Sec. 70
c.Sec. 2(d)
d.Sec. 56
Q100

Law laid down under section -73 of Indian Contract Act 1872 is related to which of the following cases:

a.Hothester Vs De-la-tur
b.Rabinson Vs Devison
c.Hedley Vs Baxendal
d.Dikinson Vs Dads

Legal Maxims

Q42

Maxim "Res Ipsa Loquitur" means :-

a.The thing speaks for itself
b.Where there is right there is remedy
c.Where there is remedy there is right
d.Where there is no fault there is no remedy
Q99

The maxim 'actus non facit reum nisi mens sit rea' means

a.There can be no crime without a guilty mind
b.Crime has to be coupled with guilty mind
c.Crime is the result of guilty mind
d.In crime intention is relevant, motive is irrelevant

Law of Torts

Q50

The rule of Strict Liability is based on the decision in :-

a.Donoghue Vs Stevenson
b.Homes Vs Ashford
c.Rylands Vs Fletcher
d.None of the above
Q51

The Rule of Last opportunity was Laid down in :-

a.Davies Vs Manh
b.State of A.P. Vs Ranganna
c.Nugent Vs Smith.
d.Kalawati Vs state of HP

Family Law I (Hindu Law)

Q52

In which of the following cases was it held that "the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract to the contrary..."?

a.Surenderabal Vs Suppiah
b.Mukesh teli Vs Bharti Teli
c.Sesi Ammal Vs Thaiyu Ammal
d.Laxmi Vs Krishna
Q53

Which of the following sections of the Hindu Adoption and Maintenance Act, 1956 deals with "amount of maintenance"?

a.Section 21
b.Section 22
c.Section 23
d.Section 24
Q62

The Hindu Marriage Act, 1955 petition in which a decree of restitution of conjugal rights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution... for a period of one year or upwards...

a.Does not permit any party to that
b.Does not permit the party against whom the decree was passed
c.Does permit any party to that
d.Does permit any person related to either party to that
Q67

On which of the following dates did Hindu Marriage Act, 1955 come into operation?

a.18th May, 1955
b.17th June, 1955
c.22nd May, 1955
d.18th June, 1955
Q68

Which of the following properties will section 30 of the Hindu Succession Act, 1956, govern? I. Tarwad II. Tavazhi III. Kutumba IV. Kavaru V. Illom

a.I, III, and V
b.II, IV and V
c.I and II
d.All of the above
Q79

Which of the following statement/statements is/are false for the purpose of the Hindu Marriage Act, 1955? I. It is assumed that a person who is not Muslim, Santhal, Christian, Jew or Parsi by religion is Hindu II. A person who belongs to Lingayat sub sect is assumed to be Hindu III. A person converted who converted to another religion needs to follow local ritual/custom for converting back to Hinduism

a.I only
b.I and II
c.III only
d.I and III

Environmental Law

Q55

Basel Convention is associated with one of the following -

a.International Trade in Endangered species of wild Fauna flora
b.Climate change
c.Protection of Ozone layer
d.The control of transboundary movement of Hazardous waste and their disposal.

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