AIBE XIV MOCK TEST

Wrong Answer:

Explanation: A writ of Certiorari or a writ in the nature of Certiorari can only be issued by the under Art. 226 to direct inferior courts, tribunals Supreme Court under Art. 32 and a High Court or authorities to transmit to the court the record of proceedings disposed of or pending therein. for scrutiny, and, if necessary, for quashing the same.

to attend hospital Supreme Court medico-legal and Prese

(1) Every doctor otherwise, has the

importance to extend his/her (ii) There should save the pen This applies t but also to the of the matter

Certiorari under Art. 226 is issued for correcting, gross error of jurisdiction i.e. when a subordinate court is found to have acted (i) without jurisdiction or by assuming jurisdiction where there exists none, or (ii) in excess of its jurisdiction by over stepping or crossing the limits of jurisdiction or (iii) acting in flagrant disregard of law or rules of procedure or acting in violation of principles of natural justice where there is no procedure specified and thereby occasioning failure of justice. This type of writ can be issued against judicial as well as quasi-judicial bodies.

Explanation: Parmanand Katara, a human rights activist, filed a writ petition in the Supreme Court. His basis was a newspaper report concerning the death of a scooterist after an accident with a speeding car. Doctors refused to attend to him. They directed him to another hospital around 20 km away that could handle medico-legal cases. Based on the petition, the Supreme Court held that:

(i) Preservation of human life is of paramount importance.

(ii) Every doctor, at a government hospital or otherwise, has the professional obligation to extend his/her services to protect life.

(iii) There should be no doubt that the effort to save the person should receive top priority. This applies not only to the legal profession, but also to the police and other citizens part of the matter.

Explanation: In the case of Vineet Narian v. Union of India, Supreme Court observed that the CBI had failed in its responsibility to investigate allegations of public corruption and laid down certain guidelines to ensure independence and autonomy of the CBI and ordered that the CBI be placed under the supervision of the Central Vigilance Commission (CVC), an independent governmental agency intended to be free from executive control or interference. The CVC was now responsible for ensuring that allegations of corruption against public officials were thoroughly investigated regardless of the identity of the accused and without interference from the Government.

Explanation: Income Tax was introduced for the first time in India on 24th July, 1860 by Sir James Wilson to compensate for the losses incurred by the British regime during the first war of independence against British Rule. This is why 24th July is observed as the Income Tax Day.

Explanation: Refer case ITO v. M/s Seth Brothers 1970 (SR) (1) 601:1970 AIR 292

Explanation: The Indian Contract Act simply states that a person who is of the age of majority is competent to contract, and thus, a minor's is not competent to contract. In Mohori Bibee Dharmodas Ghose, privy council made it clear that the contract or agreement done with minor is void.

An agreement entered into by a minor is void ab initio. A minor can't ratify an agreement on attaining the age of majority validate the same one of the reason for the rule is that a minors cannot ratify an agreement after attaining majority is that when the agreement was entered into during the minority there was no 'proper consideration' and the 'bad consideration' is not enough for validating that agreement by its ratification.

Explanation: Section 461 of the Code of Criminal Procedure, 1973 deals with irregularities which vitiate proceeding.

Explanation: According to Section 2(2) of the Civil Procedure Code, 1908, "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include-

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation: Section 29 of the Trademark Act, 1999 lays down the provisions relating to infringement of Trademark.

Explanation: The provision relating to Attempt by life-convicts is dealt under Section 307 of Indian Penal Code, 1860. It states that when any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Explanation: Section 2(iv) of Dissolution of Muslim Marriage Act, 1939 provides that a woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on the ground that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years

Explanation: The concept of curative petition was first evolved by the Supreme Court in the matter of Rupa Ashok Hura v. Ashok Hura and Anr., AIR 2002 SC 1771, where the question was whether an aggrieved party is entitled to any relief against the final judgement/order of the Supreme Court after the dismissal of a review petition.

The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this purpose, the Court has devised what has been termed as a "curative" petition.

Explanation: In the case of M.H. Hoskot v. State of Maharashtra, Supreme Court has held that right to free legal aid is an essential ingredient of reasonable, fair and just procedure guaranteed under Article 21 for an accused sentenced to imprisonment and courts will always furnish a free copy of the judgment when sentencing an accused and jail officials will assist prisoner in exercising his right to appeal or revision.

Explanation: Section 25. Confession to police officer not to be proved. -No confession made to a police officer shall be proved as against a person accused of any offence.

Section 26. Confession by accused while in custody of police not to be proved agains him-No confession made by any person whi he is in the custody of a police-officer, unless t be made in the immediate presence of Magistrate, shall be proved as against such person.

Section 27. How much of information received from accused may be proved.-Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

Explanation: The Supreme Court in Kashmira Singh v. State of MP, AIR 1952 SC 159 observed that the confession of an accused against the co-accused is not evidence in the ordinary sense of the term. In this case, on the basis of the statement of the co-accused both the accused were convicted and sentenced to death. One of them appealed to the Supreme Court and he was acquitted. Except the confession of the co-accused there was not such evidence against him and the court held that a man should not be deprived of his life or liberty only on the basis of the uncorroborated confession of the co-accused.

The Court observed that the proper way to approach a case of this kind is to see the evidence against the accused excluding the confession

altogether from consideration and see whether if it can be believed so that conviction could be based solely on it. If it is capable of being believed independent of the confession then it is not necessary to take the aid of the confession. However, there could be cases where the judge is not ready to act on the basis of the evidence available, in such cases he could take the aid of the confessional statement.

Explanation: According to Section 2(p) of the Information Technology Act, 2000, "digital signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3.

Section 3 further states that subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. The authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. Any person by the use of a public key of the subscriber can verify the electronic record. The private key and the public key are unique to the subscriber and constitute a functioning key pair.

Explanation: As per Section 66F(2) of the Information Technology Act, 2000.

Section 66F(2). Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

Explanation: Section 2(j) of the Industrial Disputes Act, 1947 defines "Industry" as any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen.

Explanation: This question is the illustration (b) of Section 340 IPC which deals with the Wrongful Confinement. According to this Section, Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.

Explanation: This question is the illustration (h) of Section 350 IPC which deals with the Criminal force. According to this section, Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

Explanation: This question is the illustration (h) of Section 425 IPC which defines "Mischief". According to this section, Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Explanation: Section 36(2) of the Advocates Ad 1961 provides that notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of India may, either of its own motion or on a report by a State Bar Council or on an application made to it by army person interested, withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before the disciplinary committee of any State Bar Council and dispose of the same.

Explanation: As per Section 425 of the Companies Act, 2013, the Tribunal and the Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has and may exercise, for this purpose, the powers under the provisions of the Contempt of Courts Act, 1971 (70 of 1971), which shall have the effect subject to modifications that-

(a) the reference therein to a High Court shall be construed as including a reference to the Tribunal and the Appellate Tribunal; and

(b) the reference to Advocate-General in section 15 of the said Act shall be construed as a reference to such Law Officers as the Central Government may, specify in this behalf.

For the purpose of the Act, the terms Tribunal and 'Appellate Tribunal' have been defined as follows:

(i) "Tribunal" means the National Company Law Tribunal constituted under Section 408 of the Act.

(ii) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under Section 410 of the Act.

Therefore, it is evident from the above provisions that the NCLT is vested with the jurisdiction, powers and authority to punish for the contempt.

Ans-(c)

Explanation: Section 19 of the Transfer of Property Act. 1882 deals with the Vested interest. As per this section, where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession.

Ans.(c)

Explanation: Section 28 of the Copyright Act, 1957 provides for the term of copyright in Government works. According to this section, in the case of a Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

In which of the following cases, the Supreme Court held that an International Commercial Arbitration is one which has its juridical or legal seat of arbitration outside India:

Ans.(a)

Explanation: In Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (BALCO) (2012) 9 SCC 552, the Constitutional bench held that the issue arose before the Constitution Bench was as to whether in international commercial arbitrations whose juridical or legal Seat of arbitration was outside India whether the provisions of Part-I of the Act would be applicable for grant of relief as held in Bhatia International v. Bulk Trading S.A. and another (2002) 4 SCC 105. The Constitution Bench in BALCO held that "if the legal or juridical seat of arbitration is outside India, then Part-1 of the Arbitration and Conciliation Act, 1996 shall be inapplicable to such arbitrations; and even in case a clause in the arbitration agreement

purports to apply Part-1 of the 1996 Act to an arbitration where the juridical seat of arbitration is outside India, Part-I shall be inapplicable to the extent inconsistent with the arbitration law of the seat of arbitration".

Ans.-(d)

Explanation: Section 29 of the Hindu Succession Act, 1956 lays down the provisions for escheat. It states that if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.

Ans.(a)

Explanation: Refer Article 249 of the Indian Constitution-Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two thirds of the members present and voting that it is necessary or expedient in national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force

Ans.(b)

Explanation: In Gian Kaur v. State of Punjab (1996) 2 SCC 648, a five judge Constitution Bench of the Supreme Court overruled the P. Rathinam's case and held that 'right to life' under Article 21 does not include 'right to die'; or 'right to be killed'. The 'right to die' is inherently inconsistent with the 'right to life' as is 'death with life'. The Court accordingly held that Section 309 of IPC is not violative of Article 21.

Ans.-(d)

Explanation: Article 1100 of the Indian Constitution provides that if y whether a Bill is a Money Bill of of the Speaker of the House of the People these shall be final.

Ans.-(d)

Explanation: The Tenth Schedule which was inserted in the Constitution in 1985 by the Constitution (Fifty-second) Amendment Act lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. As per paragraph 6 of this schedule, if any question arises as to whether a member of a House has become subject to disqualification under this schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such house and his decision shall be final.

Ans.-(d)

Explanation: The case of Muhammad Allahbad Khan v. Muhammad Ismail Khan (1888) ILR 10 All 289 is related to acknowledgement of paternity. In this case, the father of Allahbad Khan, a Sunni, died leaving behind two sons and three daughters. Allahbad filed a suit to be the eldest son of the deceased and was therefore entitled to a 2/7 of the share in the estate. The defence was that the plaintiff was only step-son of father having been born of their mother before she married their father, the deceased. The plaintiff contended that even if he failed to prove the son of the deceased but he had been acknowledged as the son of deceased on several occasions. It was held that the plaintiff had established himself as the legitimate son of the deceased and was, therefore entitled to succeed to him.

Justice Mahmood further observed: "Where the paternity of a child, that is, his legitimate descent a marriage between his parents at the time of from his father cannot be proved by establishing his conception or birth, the Mohammedan law recognizes acknowledgement' as a method whereby such marriage and legitimate descent can be established as a matter of substantive law for purpose of inheritance"

Ans.-(a)

Explanation: In the case of Shayara Bano v Union of India, W.P. (C) No. 118 of 2016, a five judges bench of the Supreme Court by a majority of 3:2 ruled that the practice of instant triple talaq is unconstitutional and a divorce pronounced by uttering talaq three times in one sitting is void and illegal.

Ans.(b)

Explanation: Foreign award means an award which is passed in a foreign seated arbitration. The enforcement of foreign award is governed by Part II of the Arbitration and Conciliation Act, 1996.

Ans.-(c)

Explanation: Section 5 (iv) of the Hindu Marriage Act, 1955 states that a marriage may be solemnized between any two Hindus, if the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two.

Section 18 prescribes punishment for contravention of certain other conditions for a Hindu marriage. According to Section 18(b), every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v) of section 5 shall be punishable in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Ans.-(d)

Explanation: Section 16 of the Hindu Marriage Act, 1955 deals with the legitimacy of children of void and voidable marriages. Clause (1) of this section provides that notwithstanding that a marriage is null and void under section 11,

any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

Ans.(c)

Explanation: The Land Acquisition Act, 1894 which came into force on First day of March, 1894 was enacted with the object to amend the law for the acquisition of land for public purposes and for the companies.

Ans.-(d)

Explanation: As per Section 28(2) of the Criminal Procedure Code, 1973, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Ans.-(d)

Explanation: Refer Section 13 of the Code of Civil Procedure, 1908.

Ans.(a)

Explanation: Refer to Section 113 of Code of Civil Procedure, 1908.

Explanation: As per Section 114 of Code of Civil Procedure, 1908, any person considering himself aggrieved -

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed by this Court, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Ans.-(d)

Explanation: Section 115 of Code of Civil Procedure, 1908.

Ans.-(a)

Explanation: The Bombay High Court in the case of Mayuri Pulse Mills v. Union of India (1996) 88 Comp Cas 121 remarked that Section 138 of the Negotiable Instruments Act, 1881, provides for an offence which is not based on mens rea. Normally, in criminal law, existence of guilty intent is an essential ingredient of a crime and the principle is expressed in the maxim actus non facit reum nisi mens sit rea. This is a general principle. However, the Legislature can always create an offence of absolute liability or strict liability where mens rea is not at all necessary. Such a measure is resorted to in public interest and such laws of strict liability are justified and cannot be said to be unreasonable. The wording of the provision "such person shall be deemed to have committed an offence" indicates that the statutory provision creates a strict liability.

Ans.-(d)

Explanation: The Land Acquisition Act, 1894 which came into force on First day of March, 1894 was enacted with the object to amend the law for the acquisition of land for public purposes and for the Companies.

Ans.(b)

Explanation: The Article of Association is important document because it contains internal regulation of the company which govern the management of the internal affairs of the company, the members have full control and may by resolution alter them as they think fit so long as they do not exceed the limits defined by the Memorandum of the Company.

Ans.(a)

Explanation: The Public Liability Insurance Act was enacted in the year 1991 to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.

Ans.-(d)

Explanation: Environment Impact Assessment (EIA) is a formal process used to predict the environmental consequences of any development project. Environment Impact Assessment in India is statutory backed by the Environment Protection Act in 1986, which contains various provisions on EIA methodology and process.

The objective of EIA is to: (i) identify the environmental, social and economic impacts of a project prior to taking a decision on its implementation.

(ii) Mitigation of harmful impacts and maximizes the beneficial effects.

Ans.(b)

Explanation: Section 41 of the Criminal Procedure Code, 1973 deals with when police may arrest without warrant.

Ans.-(c)

Explanation: The First Schedule of Cr.P.C. prescribes that offence of murder under Section 302 IPC shall be tried by the Court of Session.

Ans.(b)

Explanation: In legal term, locus standi means the right or capacity to bring an action or to appear in a court. In PIL, the rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.

Ans.-(a)

Explanation: The case of Kesavananda Bharati v State of Kerala is not a case of Public Interest Litigation.

Ans.-(a)

Explanation: Chapter I of Part VI of Bar Council of India Rules provides for restrictions on Senior Advocates. As per Clause (cc) of Chapter 1, a Senior Advocate shall, however, be free to make concessions or give undertaking in the course of arguments on behalf of his clients on instructions from the junior advocate.

Ans.(b)

Explanation: Section 130 of Negotiable Instrument Act, 1881 deals with cheque bearing "not negotiable". According to this section, a person taking a cheque crossed generally or specially, bearing in either case the words "not negotiable", shall not have and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.

Ans.-(c)

Explanation: Section 16 of Negotiable Instrument Act, 1881 defines Indorsement "in Hank" and "in full", "Indorsee". According to this section. If the indorser signs his name only. the indorsement is said to be "in blank", and if headds a direction to pay the amount mentioned in the instrument to, or to the order of a specified person, the indorsement is said to be "in full", and the person so specified is called the "indorsee" of the instrument.

Ans.-(c)

Explanation: The Factories Act, 1948 was passed by the Constituent Assembly on August 28, 1948 with a view to consolidate and amend the law relating to labour in factories. The Act received the assent of Governor General of India on 23 September, 1948 and came into force on April 1, 1949.

The main objectives of the Indian Factories Act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories.

Ans.(b)

Explanation: In University of Delhi v. Ram Nath (AIR 1963 SC 1873), it was held by the Supreme Court that the work of imparting education is more a mission and a vocation than profession or trade or business and therefore University is not an industry. The aim of an educational institutional is imparting education; it cannot be called an 'industrial process'. Teachers are not workmen within the meaning of Section 2(s) of the Industrial Dispute Act. Subordinate staff plays a minor and insignificant role in imparting education.

Ans.(a)

Explanation: Under Section 2 (cc) of the Industrial Dispute Act, 1947, "closure" means the permanent closing down of a place of employment or part thereof.

Ans (b)

Explanation: As per Section 108 of the Indian Evidence Act, 1872, when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms

Ans.-(a)

Explanation: Section 119 of the Indian Evidence Act, 1872 deals with witness unable to communicate verbally. According to this section, a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence

Ans.-(a)

Explanation: Bank Pass Books is not a public document. It is a personal document.

Ans.-(b)

Explanation: Under Section 50 of Criminal Procedure Code, 1973, every police offic other person arresting any person wilter warrant shall forthwith communicate to him particulars of the offence for which he is or other grounds for such arrest. Where a police officer arrests without warts any person other than a person accused of t bailable offence, he shall inform the person arrested that he is entitled to be released on bl and that he may arrange for sureties on his behalf.

Ans.-(d)

Explanation: Section 83 of the Criminal Procedure Code, 1973 deals with provisions relating to attachment of property of person absconding. Clause (1) of this section states that the Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,-

(a) is about to dispose of the whole or any part

of his property, or

(b) is about to remove, the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.

Ans.(c)

Explanation: Section 482 of the Criminal Procedure Code, 1973 provides for the inherent wers of High Court. It states that nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Ans.-(a)

Explanation: The Residuary Powers in India are vested in the Parliament. Article 248 of the Indian Constitution says that Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists.

Ans.-(d)

Explanation: Section 53 of Indian Penal Code, 1860 mentions that the punishment to which offenders are held liable under the provisions of the Code are:

(1) death;

(2) imprisonment for life;

227

(3) imprisonment which is of two descriptions, namely

(a) rigorous, Le., with hard labour, and

(b) simple;

(4) forfeiture of property; and

(5) fine.

Ans.(b)

Explanation: The McNaughton rule is a test for criminal insanity which is applied to determine whether a person accused of a crime was sane at the time of its commission and, therefore, criminally responsible for the wrongdoing. Under the McNaughton rule, a criminal defendant is not guilty by reason of insanity if. at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that what she was doing was wrong.

Ans.-(d)

Explanation: A.V. Dicey stated three principles to the term 'Rule of Law':

(i) Supremacy of Law,

(a) Equality before Law.

(iii) Predominance of Legal spirit.

Ans.-(c)

Explanationen is originated in the Latin in the medieval period, which means by whst authority It is issued to the person who holds the public office and on what authority it is entitled to him. The concerned person is responsible to the court to explain his authority on which he holds the authority. The person who files this writ is need not to be personally suffered. The object of the Quo-warrante is to control executive action in the matter of making appointment of public offices against the relevance statutory provision.

Ans. -(c)

Explanation: According to Section 52 of Indian Evidence Act, 1872.

Ans.(a)

Explanation: Section 62 of the Indian Evidence Act, 1872 defines primary evidence as the document itself produced for the inspection of the Court.

Ans.(c)

Explanation: Under the Constitution the concept of ludicial Review hash borrowed from the Constitution of USA

Ans.(b)

Explanation: Article 359(1) of Indian Constitution mandates that where a proclamation of emergency is in operation, the President may by order declare that the right to move any court for the enforcement of such of the rights conferred by Part III (except Article 20 and 21) as may be mentioned in the order and all proceedings pending in any court for the enforcement of the rights so mentioned shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

Ans.(b)

Explanation: Section 8 of the Indian Evidence Act, 1872 deals with Motive, preparation and previous or subsequent conduct. It is clear from the wordings of this section that attempt is not relevant in civil and criminal cases.

Ans.(b)

Explanation: BATNA is an acronym that stands for Best Alternative To a Negotiated Agreement. alternative that a negotiating party can take if It is defined as the most advantageous negotiations fail and an agreement cannot be made. In other words, a party's BATNA is what a party's alternative is if negotiations are unsuccessful. The term BATNA was originally used by Roger Fisher and William Ury in their 1981 book entitled "Getting to Yes: Negotiating Without Giving In".

Ans.-(a)

Explanation: Section 9 of the Arbitration and Conciliation Act, 1996 deals with interim measures by the court.

Ans.-(a)

Explanation: 'Ubi jus ibi remedium' is a latin maxim which means where there is a right there is a remedy. The word 'Jus' means the legal authority to do or demand something, and the word 'remedium' means the right of action in a Court of law. Literal meaning of this maxim is that whenever there is a legal right, there is a legal remedy. It also expresses that there is no wrong without a remedy.

Ans.(a)

Explanation: In simple words, Injuria sine damnum means Injury without damage or it means infringement of an absolute private right without any actual loss or damage. Whenever there is an invasion of legal right, the person in whom the right is vested is entitled to bring an action and may recover damages, although he has suffered no actual harm. In such case, the person need not prove the actual damage caused to him. For example, trespass to land or property.

Ans.(a)

Explanation: The provisions relating to claims. Tribunal is given under Section 165-175 of Motor Vehicles Act.

Ans.-(a)

Explanation: Refer Section I of Chapter II of Part VI of the Bar Council of India Rules which deals with the duty of an advocate towards court.

Ans.- (a)

Explanation: Rule 25 of Chapter II of Part VI of the Bar council of India Rules says that an advocate should keep accounts of the client's money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.

Ans.-(a)

Explanation: Section 173 (2) (i) of the Criminal Procedure Code, 1973 states that as soon as the investigation is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, weather with or without sureties;

(g) whether he has been forwarded in custody under section 170.

Ans.(b)

Explanation: Section 438 of the Criminal Procedure Code, 1973 deals with the provisions relating to anticipatory bail.

Ans.-(a)

Explanation: Section 446A of the Criminal Procedure Code, 1973 provides for the Cancellation of bond and bail-bond.

Ans.(a & d)

This Question is not drafted properly. In our's

point of view, both options (a) & (d) are correct

Explanation: The Hindu Marriage Act, 1955 is

based on the fault theory in which any one o

the aggrieved spouses (section 13(1)) can

approach the court of law and seek the remed

of divorce, whereas section 13(2) provides th

ground on which only the wife can approac

the court of law and seek the remedy of divorce

Under the Fault theory or the offences theory the guilt theory, marriage can be dissolved on when either party to the marriage ha committed a matrimonial offence. It is necessar to have a guilty and an innocent party, and th only innocent party can seek the remedy divorce. However, the most striking feature am the drawback is that if both parties have been fault, there is no remedy available.

Ans.(c)

Explanation: As per Section 28 of Hindu Adoption and Maintenance Act, 1956, where a dependent has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.

Ans.-(c)

Explanation: Public interest litigation is not defined in any statute or any act. However, it has been interpreted by judges to consider the intent of public at large. This is just like a writ petition which is filed in High Court or Supreme Court under Article 226 for High Court and Article 32 for Supreme Court. When public interest in affecting at large then this can be filed but affection on only one person is not a ground for filing this petition.

Ans.(a)

Explanation: Section 2(12) of Code of Civil Procedure, 1908 defines "mesne profits" of property as those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

Ans.(c)

Explanation: The term "legal representative" is defined under section 2(11) of Code of Civil Procedure, 1908 as a person who in law represents the estate of deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued.

Ans.(a)

Explanation: The provisions relating to dowry is given under Section 304-B of the Indian Penal Code, 1860.

Ans-(d)

Explanation: Section 315 of Indian Penal Code, 1860 is designated to curb Infanticide. According to this section, whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Ans.-(b)

Explanation: Order XXXII of the Code of Civil Procedure, 1908 deals with Suits by or against minors and persons of unsound mind.

Ans.(a)

Explanation: Order VI of the Civil Procedure Code, 1908 lays down general rules governing pleading in a court.

Ans.-(d)

Explanation: Section 100 of the Civil Procedu Code, 1908 which deals with the provisions relating to Second appeal states that an appeal shall lie to the High Court from every dece passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial questioned law. An appeal may lie under this section from an appellate decree passed ex parte. In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.

Ans.-(d)

Explanation: The Consumer Protection Ac 1986 which came into effect on 24th Decembe 1986, was enacted to provide for bett protection of the interests of consumers and f that purpose to make provision for t establishment of consumer councils and ot authorities for the settlement of consume disputes and for matters connected therewith

Ans.-(d)

Explanation: Section 2(1)(d) of the Consumer Protection Act, 1986 defines the term consumer as any person who-

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services are availed of with the approval of the first-mentioned person.

Ans.-(a)

Explanation: Article 266 of the Constitution of India provides that "no tax shall be levied or collected except by the authority of law". Therefore, no tax can be levied or collected in India, unless it is explicitly and clearly authorised by way of legislation.

Ans.-(d)

Explanation: Section 60-65 of Income Tax Act, 1961 deals with 'Income of other persons included in Assessee's Total Income'.

Ans.-(d)

Explanation: The question is not drafted properly and it is deleted by the Authority.

Ans: (d)

Explanation: As per Section 30 of Indian Contract Act, 1872, the agreement by way of wager is void. However, the wagering agreements are void but not illegal. Thus, the transaction collateral to the main transaction is valid but not void. For example, A took a loan from B of Rs, 1,00,000/-. A entered into a wagering agreement with C which was based on the outcome of the cricket match. A lost the match and paid the money to C. B can recover the money from A as collateral agreements to an wagering agreements are valid and enforceable.

Ans.-(d)

Explanation: According to Section 9 of Negotiable Instrument Act, 1881, "Holder in due course" means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.