OBJECTIVE TYPE QUESTIONS ON

CONSTITUTION OF INDIA
1. The Supreme Court of India upheld the decision to implement the
quota for
other backward glasses (OBCs) in higher educational institutions. The
court,
however, excluded the "creamy layer" from being a beneficiary. The
reason is:
(a) Creamy layer is not an OBC; it is a forward caste
(b) Creamy layer is politically powerful
(c) It can compete with others on equal footing
(d) The inclusion of creamy layer would be unjust.
2. Which Article authorises the Parliament to form new States, and
alter areas, boundaries
or names of existing States?
(a) Article 2
(b) Article 3
(c) Article 6
(d) Article 8
3. The Speaker can ask a member of the House to stop speaking and
let another member
speak. This phenomenon is known as
(a) yielding the floor
(b) crossing the floor.
(c) anti-defection
(d) decoram
4. All-India Services come under Article:
(a) 310
(b) 312
(c) 316
(d) 319
5. What is the duration of 'zero hour' in Lok Sabha?
(a) 15 minutes
(b) Half-an-hour
(c) One hour
(d) Not specified.
6. The State which bas the largest number of seats reserved for the
Scheduled Tribes in
Lok Sabha is
(a) Bihar.
(b) Gujarat.
(c) Uttar Pradesh.
(d) Madhya Pradesh.
7. Which of the following Constitutional posts is enjoyed for a fixed
term?
(a) President

(b) Chief Justice

(c) Prime Minister
(d) Governor
8. Which of the following exercises, the most profound influence, in
framing the Indian
Constitution?
(a) British Constitution
(b) US Constitution
(c) Irish Constitution
(d) The Government of India Act, 1935.
9. From which Constitution was the Concept of a Five Year Plan
borrowed into the
Indian Constitution?
a) USA
b) USSR
c) UK
d) Ireland
10. The words 'secular' and 'socialist' were added to the Indian
Constitution in 1975
by amending the
a) Preamble
b) Directive Principles
c) Fundamental Rights
d) All of the above
.
CRIMINAL LAW
1. When two or more persons agree to do an illegal act or do an act by
illegal
means such an act amounts to
a. Criminal conspiracy
b. Criminal indictment
c. Abetment
d. Constructive liability
Ans.a
2. In kidnapping, the consent of minor is
a. Partly material
b. Wholly material
c. Party immaterial
d. Wholly immaterial
Ans.d
3. P committing a murder removed some ornaments from the dead
body. Though
the accused P was guilty of an offence of murder. The removal of
ornaments

amounts to
a. Theft
b. Mischief
c. Misappropriation
d. Robbery
Ans.c
4. Kidnapping from lawful guardianship under section 361 of IPC can be
a. Of a person of unsound mind
b. Of a person under 18 years of age if female
c. Of a person under 16 years of age if male
d. All the above
Ans.d
5. Right of private defence of property against robbery continues
a. As long as the offender continues in the commission of criminal
trespass
or mischief
b. As long as the fear of instant death or of instant hurt or of instant
personal
restraint continues
c. As long as the offender causes or attempts to cause to any person
death or
hurt or wrongful restraint
d. Both b. and c.
Ans.d
6. Assault or criminal force used in attempting to commit theft of
property is
punishable under section ____ of IPC
a. 356
b. 378
c. 379
d. 384
Ans.a
7. Whoever, either prior to or at the time of the commission of an act
does
anything in order to facilitate the commission of that act, and there by
facilitates the commission there of, is said to _____
a. Conspire the doing of that act
b. Aid the doing of that act
c. Abet the doing of that act
d. Instigate the doing of that act
Ans.b
8. X knows Y to be behind a bush. Z does not know it. X intending to
cause or
knowing it to be likely to cause Ys death, induces Z to fire at the bush.
Z fires
and kills Y. Here Z may be guilty of no offence, but ____

a. X has not committed any offence

b. X has committed the offence of culpable homicide
c. Z has committed offence of murder
d. Has committed the offence of abetment
Ans.b
9. In which among the following cases, the Supreme Court held that
brutality is
inbuilt in every murder but in case of every murder death sentence is
not
imposed?
a. Regu Mahesh Vs. Rajendra Pratap (2004) 1 SCC 46
b. Union of India Vs. Madhusudan Prasad (2004) 1 SCC 43
c. State of Uttar Pradesh Vs. Lalit Tandon (2004) 1 SCC 1
d. Prem Sagar Vs. Dharambir (2004) 1 SCC 113
Ans.d
10. Whoever induces or attempts to induce a candidate or voter to
believe that he
or any person who he is interested will become or will be rendered an
object
of Divine displeasure or spiritual censure commits the offence of
a. Affray
b. Illegal gratification
c. Bribery
d. Undue influence
Ans.d
..
LEGAL THEORY
1. Statues are sources of law------- not parts of the law itself. This
statement is made by
(a) Savigny
(b) Austin
(c ) Gray
(d) Pound.
2. According to Salmond, legal sources of law
1. are recognized as such by the law itself
II. lack formal recognition by the law
III. operate mediately
IV. are the only gates through which new principles can find entrance
into the
law of the above statements.
(a) I and III are correct
(b) I and IV are correct
I, III and IV are correct
(d) only I is correct

3 Custom as a source of law comprises legal rules which have neither

been
promulgated by legislation nor formulated by professionally trained
judges, but arises from popular opinion and is sanctioned by long
usage.
Who amongst the following defined custom as above?
(a) Prof. Carter
(b) Austin
Henry Maine
(d) Vinogradoff.
4. Blackstone says that the legislation of the ----- Parliament is
Supreme
according to English law for what the Parliament doth, no authority
upon
earth can undo.
Choose the suitable word from the following to fil up the gap, in the
above
sentence:
(a) State
(b) Central
Colonial
(d) Imperial
5 Delegation of legislative power to the representative body/authority
for the
purposes of the Act is
(a) known as constitutional legislation
(b) known as Henary VIII clause.
valid delegated legislation
(d) invalid delegated legislation.
..
CLAT 2009/LLB ENTRANCE
Pattern of the Test Paper
Total Marks : 200
Subject areas :
Law of Contracts, Law of Torts,
Family Law , Criminal Law ,
Constitutional Law and Legal Theory
1. "No action lies against the Government for injury done to an individual in the course of
exercise of its sovereign functions". All of the following actions are covered by the above
provision, except
1. improper arrest, negligence or trespass by police officers.
2. loss of movables from government custody owing to negligence of its officers.
3. injury due to the negligence of servants of the government employed in a railway
or a dockyard.

4. administration of justice.
2. To secure the enrichment of Hindi, the Constitution, among other things, directs the
State to
give-primary importance to one of the languages included in the VIII Schedule for the
purpose of
drawing upon it. This language is
1. Bengali
2. Marathi
3. Sanskrit
4. Urdu
3. Disagreement between the two Houses of Indian Parliament is finally resolved through
1. a joint committee of the two Houses for the purpose.
2. mediatory efforts by the presiding officers of the two Houses.
3. a joint committee of the two Houses for the purpose.
4. mediation by the President.
4. Which of the following Articles of Constitution cannot be amended by a simple
majority in
both the Houses of Parliament?
1. Article 2
2. Article 3
3. Article 4
4. Article 15
5. Which one of the following Directive Principles is a socialistic principle?
1. Equal pay for equal work to all
2. Protection of the health of workers
3. Prevention of concentration of wealth and the means of production
4. All of these
6. Originally it was laid down in the Constitution that English shall continue to be used
for all the
official purposes of the union for a period of
1. 15 years
2. 20 years
3. 25 years
4. 30 years
7. As per Article 100(3), the quorum to constitute a meeting of either House of Parliament
is
1. one-fourth of the total number of members of that House.
2. one-fifth of the total number of members of that House.
3. one-tenth of the total number of members of that House.
4. one-third of the total number of members of that House.

8. The age of retirement of a Judge of a High Court in India is

1. 58 years
2. 60 years
3. 62 years
4. 65 years
9. The Rule of Law means
1. existence of written rules to regulate the conduct of government officials.
2. that no person can be punished unless his guilt is established by a fair trial.
3. that the power to make laws vests in the elected representatives of the people.
4. independence of the Judiciary
10. In a particular case, the advice tendered by the Council of Ministers is sent back by
the
President for reconsideration. If the Council of Ministers adhere to their earlier advice,
the
President
1. can ask for reconsideration of the advice once more
2. can ask for reconsideration of the advice any number of times
3. has no option but to accept such advice
4. must seek the advice of the Supreme Court before rejecting the advice.
11. The writ by which a High Court or the Supreme Court can secure the body of a
person who
has been imprisoned to be brought before it is
1. Certiorari
2. Habeas Corpus
3. Mandamus
4. Quo Warranto
12. The number of writs that can be prayed for and issued by the Supreme Court and/or a
High
Court is
1. 3
2. 4
3. 5
4. 6
13. The term of which of the following Lok Sabha was extended beyond the normal
period of
five years laid down in the Constitution?
1. Fourth Lok Sabha
2. Fifth Lok Sabha
3. Sixth Lok Sabha
4. Seventh Lok Sabha

14. The High Courts at Bombay, Calcutta and Madras were established under the
1. Indian High Courts Act, 1861
2. Indian High Courts Act, 1865
3. Indian High Courts Act, 1911
4. Government of India Act, 1919
15. In which of the following situations can the President promulgate an Ordinance?
1. There is disagreement between the two Houses of Parliament over a bill.
2. Both Houses have refused to pass a Bill sponsored by Government with the previous
sanction
of the President.
3. A Bill has been pending in Parliament for a long period.
4. Parliament is not in session
16. Which of the following events made Gandhiji to launch, for the first time, Civil
Disobedience
Movement?
1. Jallianwala Bagh massacre in 1919
2. Killing of peaceful agitators at Chauri Chaura by the British troops in 1922
3. Promulgation of the Rowlatt Act of 1919
4. Failure of talks with the Cripps Mission in 1942
17. Dyarchy as the form of Government at the provincial level was introduced by the
1. Government of India Act, 1919
2. Minto-Morley Reforms
3. Montague-Chelmsford Reforms
4. Government of India Act, 1935
18. Which of the following Acts of British Parliament envisaged for the first time a closer
association of Indians with the administration?
1. Indian Councils Act, 1861
2. Indian Councils Act, 1892
3. Indian Councils Act, 1909
4. Government of India Act, 1919
19. For how long can the President's rule in a State imposed initially?
1. One year
2. Six months
3. Two years
4. Three months
20. In accordance with the provisions of our Constitution, new all-India Services can be
created only by the
1. Parliament
2. Process of amendment of the Constitution

3. Union Government in consultation with the U.P.S.C.

4. President on the advice of the Council of Ministers
21. Who presides over the joint session of Parliament?
1. The Speaker
2. The Vice-President
3. The President
4. The deputy chairman of the Rajya Sabha
22. The reference to Hindus in Article 25 of the Constitution does not include
1. Parsees
2. Sikhs
3. Jains
4. Buddhists
23. The Chairman of Rajya Sabha is
1. nominated by the President
2. elected by the two Houses of Parliament
3. elected by Parliament and the legislatures of the States jointly
4. elected by the members of Rajya Sabha
24. In India, a tax on agricultural income can be levied by
1. both the Central and State Governments
2. neither the Central nor the State Governments
3. only the State Governments
4. only the Central Government
25. By which amendment, were the Fundamental Duties of Indian citizens added to the
Constitution?
1. Forty-forth Amendment
2. Forty-third Amendment
3. Forty-second Amendment
4. Forty-first Amendment
26. Financial allocation for Education was made for the first time by the Charter Act of
1. 1833
2. 1813
3. 1793
4. 1773
27. There is no provision in the Constitution for the impeachment of
1. the Chief Justice of a High Court
2. the Chief Justice of India
3. the Governor
4. the Vice-President

28. In the event of non-enforcement of Directive Principles of the State by the

Government, a citizen of India can move the
1. District Court
2. High Court
3. Supreme Court
4. None of these
29. The member of a State Public Service Commission can be removed on the ground of
misbehaviour only after an enquiry has been conducted by the
1. Supreme Court of India
2. High Court of the State
3. committee appointed by the President
4. committee appointed by the Governor of the State
30. Who can recommend abolition or creation of the Legislative Council in a State?
1. Governor of the State
2. Advocate-General of the State
3. Legislative Assembly of the State
4. The State Council of Ministers
31. The purpose of the Ilbert Bill was
1. to take away the right of the native magistrates to try Europeans and Englishmen
2. to take away the right of the European magistrates to try Indians
3. to remove an anomaly in the Criminal Procedure Code of 1873, according to
which no magistrate or sessions judge could try a European or British subject unless
he was himself of European birth
4. None of the above
32. The Constitution of India borrowed the concept of the Directive Principles of State
Policy from the Constitution of
1. Ireland
2. USA
3. UK
4. Canada
33. Which one of the following statements is not correct?
1. There is no provision of referendum in the Indian Constitution
2. The State Legislatures do not possess the right to initiate the amendment of the
Constitution
3. The proposal for amending the Constitution can only be initiated in Lok Sabha
4. The Indian Constitution is partly flexible and partly rigid
34. Which one of the following Articles has declared untouchability in any form as
unconstitutional?
1. Article 14
2. Article 17

3. Article 44
4. Article 45
35. Which one of the following is not among the sources of revenue for the Union?
1. Land revenue
2. Custom duties including export duties
3. Duties of excise on tobacco and other goods manufactured or produced in India, except
alcoholic liquors, opium, Indian, except alcoholic liquors, opium, Indian hemp and other
narcotic
drugs
4. Taxes on income other than agricultural income
36. Under which one of the following Articles, the Supreme Court has been given the
powers to review any judgement pronounced or order made by it previously?
1. Article 130
2. Article 137
3. Article 138
4. Article 139
37. A member elected to Lok Sabha as a candidate of a party crosses the floor of the
House. In
such a case,
1. his continued membership of the House is not affected in any way
2. he ceases to be a member of the House whether or not he resigns his membership
3. he can continue to be a member of the House if the party on whose symbol he was
elected has
no objection
4. he will continue to be a member of the House if the Speaker permits
38. The Right to Property was excluded from the Fundamental Rights during the tenure
of the
Government headed by
1. Charan Singh
2. Morarji Desai
3. Indira Gandhi
4. Rajiv Gandhi
39. Which of the following statements in regard to the Directive Principles of State Policy
is
correct?
1. Fundamental Rights constitute limitations upon State action, while Directive Principles
are in
the nature of instruction to the Government to achieve certain ends
2. They are justiciable in certain respects
3. They enjoin on the State to secure a living wage to all workers within a specified
period

4. The courts can compel the State to implement some of the important directives
40. The First Official Language Commission, as required under Article 344 of the
Constitution,
was constituted by the President in
1. 1950 with K.M. Munshi as its Chairman
2. 1955 with B.G. Kher as its Chairman
3. 1960 with M.C. Chhagla as its Chairman
4. 1965 with Humayun Kabir as its Chairman
Answer Key
1. 3 2. 3 3. 1 4. 4 5. 4 6. 1 7. 3 8. 4 9. 2 10. 3
11. 2 12. 3 13. 2 14. 1 15. 4 16. 3 17. 1 18. 3 19. 2 20. 1
21. 1 22. 1 23. 2 24. 3 25. 3 26. 2 27. 3 28. 4 29. 2 30. 3
31. 3 32. 1 33. 3 34. 2 35. 1 36. 2 37. 2 38. 2 39. 4 40. 2

All India Bar Examination

Model Question Paper 1: Answers and Explanations
Part I
Question 1: The correct answer is (c). Section 89 of the CPC expressly
provides for alternative
dispute resolution. Section 89(1) provides that where a court thinks that
parties may be
amenable to a settlement, it can formulate the terms of the settlement, and
once it receives the
parties observations on such terms, it can refer the settlement for
arbitration, conciliation,
mediation, or judicial settlement, including settlement through a Lok Adalat.
(See page 1 of the
AIBE Preparatory Materials, Book 1)
Question 2: The correct answer is (d). An arbitration agreement, like any
other agreement, must
meet all the requirements of validity under the Indian Contract Act. Aside
from this, the
Arbitration Act, 1996 also sets out a number of other requirements for an
arbitration agreement
to be valid. (See page 2 of the AIBE Preparatory Materials, Book 1)
Question 3: The correct answer is (b). Section 36 of the Arbitration Act,
clearly provides that an
arbitral award can be enforced in the same manner a decree of a civil court.
(See page 6 of the
AIBE Preparatory Materials, Book 1)
Question 4: The correct answer is (d). Section 31 of the Arbitration Act, makes
it mandatory for
an arbitrator or arbitral tribunal, as the case may be, to provide the reasons
on which the award

is based. The only exceptions permitted to this are if the parties agree that no
reasons have to be
given, or if the award is an award on agreed terms under Section 30. (See
page 10 of the AIBE
Preparatory Materials, Book 1)
Question 5: The correct answer is (b). A participated in the arbitration
proceedings; if A wished
to plead that there was no arbitration clause, she should have done so before
participating in the
proceedings. (See pages 10-11 of the AIBE Preparatory Materials, Book 1)
Question 6: The correct answer is (e). The Arbitration Act covers domestic as
well as
international commercial arbitrations. There was no agreement between the
parties, express or
implied, that that Arbitration Act would not apply to the arbitration
proceedings. There is no
vested right to have the award enforced under the Foreign Awards Act. (See
page 12 of the
AIBE Preparatory Materials, Book 1)
Question 7: The correct answer is (a). A settlement agreement has to be
signed by all the parties
to the dispute. Unless the agreement is signed and accepted by the parties, it
will not have the
force of an arbitral award or a decree of a court under the Arbitration Act.
(See page 19 of the
AIBE Preparatory Materials, Book 1)
Question 8: The correct answer is (c). While it is important to be able to
identify who the
defendant is, it is not the plaintiffs duty to produce him before court. (See
pages 20-21 of the
AIBE Preparatory Materials, Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 9: The correct answer is (c). Only suits for compensation are
precluded by S.95(2) of the
Code. (See page 22 of the AIBE Preparatory Materials, Book 1)
Question 10: The correct answer is (d). The principles of res judicata are
agnostic as to which
party prevailed in the first suit. (See page 23 of the AIBE Preparatory
Materials, Book 1)
Question 11: The correct answer is (a). See Order VII Rule 11 of the CPC. (See
page 29 of the
AIBE Preparatory Materials, Book 1)
Question 12: The correct answer is (e). One of the requirements for a court to
be competent is
that it should have jurisdiction over the matter. Here, the parties, as well as
the property that

was the subject matter of the dispute, were situated in another state, over
which the High Court
which A wanted to approach had no jurisdiction. Therefore, that High Court
was not a
competent civil court for this dispute. (See pages 21-22 of the AIBE
Preparatory Materials,
Book 1)
Question 13: The correct answer is (e). B was merely holding the title deeds
in safekeeping, and
the facts tell us clearly that she wished to return the title deeds and recover
her charges. Though
she does not claim the title deeds herself, she would be entitled to institute
an interpleader suit
to have the court determine whether A or C should get the deeds, and from
whom she can
recover her charges. (See page 25 of the AIBE Preparatory Materials, Book 1)
Question 14: The correct answer is (d). B cannot set off the debt in this
action, since the amount
was owed to B alone, and did not relate to the other defendant, C, at all. (See
page 30 of the
AIBE Preparatory Materials, Book 1)
Question 15: The correct answer is (b). The right to equality is provided by
A.14 of the
Constitution. (See page 45 of the AIBE Preparatory Materials, Book 1)
Question 16: The correct answer is (c). The right to life is provided by A.21 of
the Constitution.
(See page 48 of the AIBE Preparatory Materials, Book 1)
Question 17: The correct answer is (e). The Supreme Court has the power to
issue directions or
orders or writs in such matters. (See page 49 of the AIBE Preparatory
Materials, Book 1)
Question 18: The correct answer is (d). A.23 of the Constitution prohibits
traffic in human beings
and begar and other similar forms of forced labour. (See page 50 of the AIBE
Preparatory
Materials, Book 1)
Question 19: The correct answer is (a). A.15(1) of the Constitution prohibits
discrimination on
the basis of place of birth, but the discrimination in this case was on the basis
of residence.
Residence is not one of the grounds of discrimination prohibited by A.15(1) of
the Constitution.
While a government-run college is part of State for purposes of Part III of the
Constitution, it
has clearly not violated A.15(1) of the Constitution in this case. (See page 44
of the AIBE
Preparatory Materials, Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of

these materials shall attract all applicable civil and criminal law remedies.

Question 20: The correct answer is (c). A.32(1) of the Constitution guarantees
the right to
approach the Supreme Court for a violation of any fundamental right. There is
no requirement
for a petitioner to approach a High Court under A.226 of the Constitution
before approaching
the Supreme Court under A.32 of the Constitution in matters involving the
violation of a
fundamental right. (See page 50 of the AIBE Preparatory Materials, Book 1)
Question 21: The correct answer is (c). The Supreme Court clearly has the
authority under
A.142(1) of the Constitution of the Constitution to pass the order quashing
the proceedings
against the judge, if it feels that it is necessary to do so in order to do
complete justice in the
matter before it. A.142(1) of the Constitution does not mention that this
power can only be used
in certain types of matters - it states that the Supreme Court has this power
in respect of any
cause or matter pending before it. (See page 60 of the AIBE Preparatory
Materials, Book 1)
Question 22: The correct answer is (d). An offer lapses if a counter-offer is
made. (See page 79 of
the AIBE Preparatory Materials, Book 1)
Question 23: The correct answer is (a). Minors are not competent to contract
as per S.11 of the
Contract Act. (See page 81 of the AIBE Preparatory Materials, Book 1)
Question 24: The correct answer is (c). S.26 of the Contract Act expressly
makes agreements in
restraint of marriage void. (See page 85 of the AIBE Preparatory Materials,
Book 1)
Question 25: The correct answer is (b). S.124 of the Contract Act defines a
contract of indemnity
as a contract by which a party promises to save another from loss caused by
the conduct of the
promisor or by the conduct of another person. (See page 95 of the AIBE
Preparatory Materials,
Book 1)
Question 26: The correct answer is (a). A the offeror, had clearly specified
that the
communication of the acceptance should have been through a letter. B did
not communicate the
acceptance in the mode prescribed, and, therefore, A is not bound by the
offer. (See page 78 of
the AIBE Preparatory Materials, Book 1)
Question 27: The correct answer is (d). The fact that A had visited a doctor in
relation to her
heart ailment in the previous year would clearly be a relevant fact for the
purposes of an

insurance policy. She had knowledge of her medical condition, and she
actively concealed it by
not marking the box provided in the insurance policy application form. A has
committed fraud.
(See pages 80 and 81 of the AIBE Preparatory Materials, Book 1)
Question 28: The correct answer is (b). It is not reasonable for A to insist that
B come to her office
in another city to collect the payment for the goods; on the other hand, B has
provided a
reasonable manner of payment. (See page 88 of the AIBE Preparatory
Materials, Book 1)
Question 29: The correct answer is (c). Offences under the IPC are often
qualified with the terms
that indicate they require a mental element to be determined before a person
can be said to have
committed that offence. (See page 104 of the AIBE Preparatory Materials,
Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 30: The correct answer is (b). This is provided in S.120-A of the IPC.
(See page 107 of
the AIBE Preparatory Materials, Book 1)
Question 31: The correct answer is (b). Premeditation is not an ingredient of
the offence covered
by S.304A of the IPC. (See page 114 of the AIBE Preparatory Materials, Book
1)
Question 32: The correct answer is (c).The commission of theft consists in the
moving of a
movable property of a person out of his possession without his consent and
the existence of a
dishonest intent.(See page 114 of the AIBE Preparatory Materials, Book 1)
Question 33: The correct answer is (e). (See page 107 of the AIBE Preparatory
Materials, Book 1)
Question 34: The correct answer is (d). Mistaking C for her identical twin, B,
was clearly a
mistake of fact. A was acting in the belief that she was bound by the law to
arrest C, and
therefore, has not committed an offence. (See page 108 of the AIBE
Preparatory Materials, Book
1)
Question 35: The correct answer is (b). The contention that B was not in the
guardianship of her
lawful guardian, just because she was alone at home, is not correct. A has
committed the offence
of kidnapping from lawful guardianship. (See page 116 of the AIBE
Preparatory Materials, Book
1)

Question 36: The correct answer is (b). Other laws may also define an offence
to be bailable or
non-bailable. For instance, S.77B of the Information Technology Act, 2000.
(See page 123 of the
AIBE Preparatory Materials, Book 1)
Question 37: The correct answer is (e). A Chief Judicial Magistrate may not
pass a sentence of
death. (See page 124 of the AIBE Preparatory Materials, Book 1)
Question 38: The correct answer is (a). The words arrest and custody are not
synonymous. (See
page 125 of the AIBE Preparatory Materials, Book 1)
Question 39: The correct answer is (a). For this reason, it has great
significance during the course
of a trial. (See page 132 of the AIBE Preparatory Materials, Book 1)
Question 40: The correct answer is (b). Since the arrest was in relation to a
bailable offence, A
cannot be denied bail, as long as she agrees to comply with the conditions of
the bail. (See page
127 of the AIBE Preparatory Materials, Book 1)
Question 41: The correct answer is (e). All the reasons set out in (a) in (d) are
relevant, and the
court can consider these when deciding whether or not to grant A bail. (See
page 128 of the
AIBE Preparatory Materials, Book 1)
Question 42: The correct answer is (d). Since A was planning to leave the
country, there may be a
reasonable belief that A would not be present in court for the trial. The court
can take this fact
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

into consideration, and issue a warrant for As arrest under S.87 of the Cr.P.C.
(See page 130 of
the AIBE Preparatory Materials, Book 1)
Question 43: The correct answer is (c). Amendment cannot be claimed as a
matter of right and
the power to either grant or refuse amendments is in the discreation of the
court. (See page 148
of the AIBE Preparatory Materials, Book 1)
Question 44: The correct answer is (d). Order VII Rule 1 of the CPC lays down
the mandatory
particulars which must be stated in a plaint. (See page 149 of the AIBE
Preparatory Materials,
Book 1)
Question 45: The correct answer is (b). The Indian Stamp Act, 1899 has an
inclusive definition of
the term conveyance. (See page 151 of the AIBE Preparatory Materials,
Book 1)

Question 46: The correct answer is (c). Unless mandated by statute, it is not
necessary to the
validity of a deed that its execution is attested by any witness. (See page 154
of the AIBE
Preparatory Materials, Book 1)
Question 47: The correct answer is (a). The word holster must be construed
in relation to the
words found in immediate connection with it - carrying a gun in ones pocket
would not satisfy
the condition set down in the statute. (See page 144 of the AIBE Preparatory
Materials, Book 1)
Question 48: The correct answer is (c). Applying the doctrine of expressio
unius est exclusio
alterius, it is clear that the mention of citizens implies the exclusion of noncitizens from those
having the rights to vote. (See page 145 of the AIBE Preparatory Materials,
Book 1)
Question 49: The correct answer is (b). That B promised to pay the debt, even
if time-barred, is
critical to As suit. As such, it is a material fact, and not merely a material
particular. Failure to
mention this in the pleadings is fatal to As suit, and she cannot now make
good that error by
any amount of proof. (See pages 146 and 147 of the AIBE Preparatory
Materials, Book 1)
Question 50: The correct answer is (b). This per the definition of proved in
the Evidence Act.
(See page 158 of the AIBE Preparatory Materials, Book 1)
Question 51: The correct answer is (e). In criminal cases, the accused enjoys
a presumption of
innocence that the prosecution must disprove to secure a conviction from a
Court. It is not
enough for the presumption of innocence to remain not proved. (See page
159 of the AIBE
Preparatory Materials, Book 1)
Question 52: The correct answer is (e). Judicial admissions are made by a
party at a proceeding
prior to the trial and constitute a waiver of proof being binding on the party
that makes the
admission. (See page 161 of the AIBE Preparatory Materials, Book 1)
Question 53: The correct answer is (b). S.63 of the Evidence Act provides an
inclusive definition
of secondary evidence. (See page 167 of the AIBE Preparatory Materials,
Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 54: The correct answer is (e). The fact of Bs illness does not relate
to any right or

liability in asserted or denied in the prosecution of A for Bs murder. The first

three facts,
however, could be used to prove As liability. (See page 158 of the AIBE
Preparatory Materials,
Book 1)
Question 55: The correct answer is (b). These facts clearly show As conduct
in relation to her
trial for theft. (See page 160 of the AIBE Preparatory Materials, Book 1)
Question 56: The correct answer is (d). B has asserted the existence of these
facts as the basis of
her claim to the land. As such, B must prove these facts. (See page 168 of
the AIBE Preparatory
Materials, Book 1)
Question 57: The correct answer is (a). The Natural Law theory postulates
that law consists of
rules that are in accordance with reason; that there exist objective moral
principles which
depend on the essential nature of the universe and which can be discovered
by natural reason.
(See page 174 of the AIBE Preparatory Materials, Book 1)
Question 58: The correct answer is (b). Devlin argued that a society has a
right of self-defence
against any harm that may ensue to the moral code that binds it. (See page
178 of the AIBE
Preparatory Materials, Book 1)
Question 59: The correct answer is (a). This is the only statement that does
not follow from the
Hohfeldian framework. (See page 181 of the AIBE Preparatory Materials, Book
1)
Question 60: The correct answer is (d). While applying the mischief rule, it is
critical to keep in
mind the situation before the statute and the mischief that the statute
intended to remedy. (See
page of the AIBE Preparatory Materials, Book 1)
Question 61: The correct answer is (c). The literal reading of the enactment
results in absurdity,
so the golden rule must be applied to address the absurdity. (See pages 184185 of the AIBE
Preparatory Materials, Book 1)
Question 62: The correct answer is (d). The mischief contemplated by the
enactment would be
suppressed by this reading, while also advancing the remedies under the
enactment. (See page
184 of the AIBE Preparatory Materials, Book 1)
Question 63: The correct answer is (e). The general words other public
places follows specific
words that are all in the nature of commercial establishments, so the term
other public places
must be read to mean other commercial establishments (See pages 183184 of the AIBE

Preparatory Materials, Book 1)

Question 64: The correct answer is (e). (See page 186 of the AIBE Preparatory
Materials, Book 1)
Question 65: The correct answer is (d). There is no prohibition on advocates
against running for
political office. (See page 187-189 of the AIBE Preparatory Materials, Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 66: The correct answer is (d). An advocate may refuse to accept a
particular brief in
special circumstances. (See page 189 of the AIBE Preparatory Materials, Book
1)
Question 67: The correct answer is (c). An advocate must only communicate
or negotiate with an
opposing party regarding the controversy, through the counsel representing
the opposing
party. (See page 197 of the AIBE Preparatory Materials, Book 1)
Question 68: The correct answer is (c). The Rules of the Bar Council do not
prevent an advocate
from owning, or having a share in, a business that the advocate has inherited.
The advocate
may not, however, be personally involved in the management of the
business. (See page 188 of
the AIBE Preparatory Materials, Book 1)
Question 69: The correct answer is (d). A has identified D in the affidavit, and,
if the affidavit is
critical to the case, A may be called upon as a material witness to identify D
in the suit. A can be
disbarred from appearing in the matter. (See page 189 of the AIBE
Preparatory Materials, Book
1)
Question 70: The correct answer is (c). Since A was not aware of the receipt,
he cannot be held
responsible for the delay. (See page 194 of the AIBE Preparatory Materials,
Book 1)
Question 71: The correct answer is (e). A standing timber, as opposed to
timber tree, includes
only such trees which, if cut, can be used as a timber. (See page 199 of the
AIBE Preparatory
Materials, Book 1)
Question 72: The correct answer is (c). Positive covenants do not run with the
land. (See page 203
of the AIBE Preparatory Materials, Book 1)
Question 73: The correct answer is (c). A contingent interest is normally
transferable; however, if
the transferee of a contingent interest dies before obtaining the possession,
the interest fails, and

therefore, cannot be inherited.(See page 206 of the AIBE Preparatory

Materials, Book 1)
Question 74: The correct answer is (d). In this form of mortgage, the
mortgage is created simply
by way of deliverance of the title deed of an immoveable property by the
mortgagor to the
mortgagee (or the mortgagees agent), with the intent of creating a security
on such property.
(See page 210 of the AIBE Preparatory Materials, Book 1)
Question 75: The correct answer is (b). The death of C makes the condition
incapable of being
satisfied. (See page 206 of the AIBE Preparatory Materials, Book 1)
Question 76: The correct answer is (c). The condition is invalid in so far as it
exceeds the period
of 18 years. Accordingly the income may be disposed off as if the restrictive
period has
expired.(See page 205 of the AIBE Preparatory Materials, Book 1)
Question 77: The correct answer is (e). None of the options is an absolute
restraint. (See page 202
of the AIBE Preparatory Materials, Book 1)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

-Part II
Question 78: The correct answer is (a). Despite some judgments bypassing
the classificatory
approach the predominant approach remains the classificatory one.
Therefore, since the actions
of the authority were in exercise of its legislative functions, the Court would
most likely not
insist upon adherence to the principles of natural justice. (See pages 2-3 of
the AIBE Preparatory
Materials, Book 2)
Question 79: The correct answer is (b). Power to modify an Act can be
delegated, subject to the
safeguards that the parent Act lays down the policy according to which the
power is to be
exercised. (See pages 4-5 of the AIBE Preparatory Materials, Book 2)
Question 80: The correct answer is (d). The enactment specifically permits
the authority to give
retrospective effect to its regulatory notifications. However, enactment does
not clearly and
specifically provide for retrospective levy of fees. (See page 8 of the AIBE
Preparatory Materials,
Book 2)
Question 81: The correct answer is (b). The principle does not deal with the
vires of provisions in

the Articles of Association, but rather, the manner in which such provisions
may be enforced.
(See page 25-26 of the AIBE Preparatory Materials, Book 2)
Question 82: The correct answer is (a). The agreement is invalid and A has no
remedy, because
had A consulted the Articles of Association of the company, A would have
detected the defect
in the agreement. (See pages 27 of the AIBE Preparatory Materials, Book 2)
Question 83: The correct answer is (d). A director of a public company has a
fiduciary obligation
towards the company and is under a duty to act in the best interest of the
company. Duty of
good faith implies that all the actions of the directors must be for the benefit
of the company
and the shareholders of the company. (See page 31 of the AIBE Preparatory
Materials, Book 2)
Question 84: The correct answer is (c). A holding company can never be the
subsidiary of its own
subsidiary. (See page 24 of the AIBE Preparatory Materials, Book 2)
Question 85: The correct answer is (c). Since the company restricts the right
of its members to
transfer its shares, it must be a private limited company (S.3(1)(iii) of the
Companies Act). Since
the question states that the company is in good standing, the excess
members must be
employees or ex-employees. (See page 23 of the AIBE Preparatory Materials,
Book 2)
Question 86: The correct answer is (e). A company has a separate legal
identity from its
members, and can therefore inter alia own property, whether immovable,
intangible or goods, in
its own name, and enter into contracts in its own name, even with its
members. (See page 22 of
the AIBE Preparatory Materials, Book 2)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 87: The correct answer is (a). Since A was a Muslim at the time of
his death, property
will only pass to C and not to B. (See page 72 of the AIBE Preparatory
Materials, Book 2)
Question 88: The correct answer is (a). It is not a defence to urge that the
disease was innocently
contracted or that it is curable. The ground is satisfied if it is shown that the
disease is in a
communicable form. (See page 65 of the AIBE Preparatory Materials, Book 2)
Question 89: The correct answer is (d). A is a Hindu, but only if he never
professed the Christian

faith. The mere act of baptism in such cases does not amount to conversion.
(See page 78 of the
AIBE Preparatory Materials, Book 2)
Question 90: The correct answer is (c). The Central Board and the State
Boards perform the
functions set out in Ss.16 and 17 of the Air Act. S.17(1)(g) empowers the
state boards to
independently notify emission standards. However, by operation of S.24 of
the EPA, the
Environment Protection Rule norms take precedence over standards laid
down by state boards.
(See page 49 of the AIBE Preparatory Materials, Book 2)
Question 91: The correct answer is (b). Although S.31A of the Air Act enables
the state board to
direct closure or discontinuance of the objectionable activity, sealing the unit
and preventing
access is unauthorised. (See page 49-50 of the AIBE Preparatory Materials,
Book 2)
Question 92: The correct answer is (d). The Wildlife Protection Act does not
extend to all types of
lizards and snakes but applies only to scheduled species. A would be
acquitted if the articles
were not made from the skins of scheduled species. (See pages 57-58 of the
AIBE Preparatory
Materials, Book 2)
Question 93: The correct answer is (a). Indian courts have not generally
accepted prior
knowledge as an exception to the rule of strict liability. (See page 61 of the
AIBE Preparatory
Materials, Book 2)
Question 94: The correct answer is (b). The State is under a duty to provide a
lawyer to accused
persons who are unable to afford legal services. (See page 89 of the AIBE
Preparatory Materials,
Book 2)
Question 95: The correct answer is (e). This is on the basis of the decision in
Bangalore Water
Supply & Sewerage Board v. A. Rajappa, AIR 1978 SC 548 . (See page 99 of
the AIBE Preparatory
Materials, Book 2)
Question 96: The correct answer is (d). This strike is not illegal, as the
conciliation proceedings
are before a conciliation officer and not a Board of Conciliation. (See page
101 of the AIBE
Preparatory Materials, Book 2)
Question 97: The correct answer is (a). The fact that A continued in
employment knowing that
his work would precipitate injury is irrelevant. Once it is found that the work
which A has been

doing is to be within the scope of As employment, the question of

negligence, great or small on
As part is irrelevant. (See page 115 of the AIBE Preparatory Materials, Book
2)
All India Bar Examination, December 2010: Answers and Explanations to Model Question Paper
1.
2010, Bar Council of India and Rainmaker Training & Recruitment Private Limited. Any
unauthorised use or reproduction of
these materials shall attract all applicable civil and criminal law remedies.

Question 98: The correct answer is (d). Since B is As servant, A is vicariously

liable for Bs
tortious act and must compensate C. (See page 124 of the AIBE Preparatory
Materials, Book 2)
Question 99: The correct answer is (c). An Indian company is always resident
in India. (See page
142 of the AIBE Preparatory Materials, Book 2)
Question 100: The correct answer is (b), since this statement is not an
application of the principle
described. (See page 142 of the AIBE Preparatory Materials, Book 2)
x-x