Taxmann's How To Crack All India Bar Examination (AIBE)

PREFACE

It gives us immense pleasure in presenting the book on “How To Crack All India Bar Examination (AIBE) – XVIII”, with its first edition. The Bar Council of India mandates to clear All India Bar Council Exam for every person, who wish to enrolled with any State Bar Council and wants to practice law in India are required to clear AIBE. The present book represents a complete guidance and clarification on the syllabus, paper pattern, passing criteria for AIBE. The book gives complete explanation with illustrative clarification on solving the questions generally asked in the AIBE. It will help the readers to understand the exam pattern/style and provide a road map to clear the exam in a more systematic and easy way.

Dr. Rajendra Parikh Parth Trivedi Himashri Pawaskar

ANALYSIS OF QUESTIONS ASKED IN AIBE - XVII (FEBRUARY 2023)

DETAILED ANALYSIS OF QUESTIONS ASKED IN AIBE - XVII (FEBRUARY 2023)

TYPES OF QUESTION TO BE ANSWERED MARKS

TYPE 1

Questions where Act and Sections/Articles/ Orders are provided together

1. Section 12 of Hindu Maintenance and Adoption Act, 1956 deals with

(A) Rights of adoptive parents to dispose of their properties

(C) Presumption as to the document relating to adoption

(B) Effects of adoption (D) Cancellation of adoption

Ans. (B) Effects of adoption

2. If any advocate is aggrieved by an order of Disciplinary Committee of State Bar Council made under Section 35 of the Advocate Act or Advocate General of the State may prefer and appeal to the Bar Council of India within ___ days of the date of communication of order.

(A) 30 (C) 60

(B) 45 (D) 90

Ans. (C) 60

3. Under Section 41 of Consumer Protection Act, 2019 an appeal from the order of District Commission lies to _______.

(A) State Commission (C) National Commission

(B) Consumer Tribunal (D) High Court

Ans. (A) State Commission

4. B, the proprietor of a newspaper, publishes at A’s request, a libel upon C in the paper, and A agrees to indemnify B against the consequences of the publication, and all costs and damages of any action in respect thereof.

(18)

ALL INDIA BAR EXAMINATION - XVII (FEBRUARY 2023)

TYPES OF QUESTION TO BE ANSWERED MARKS

B is sued by C and has to pay damages, and also incurs expenses. Decide in the light of the Section 224 of the Indian Contract Act, 1872

(A) A is not liable to B upon indemnity.

(B) A is liable to B upon indemnity.

(C) A is not liable to C upon indemnity.

(D) None of these

Ans. (A) A is not liable to B upon indemnity.

5. According to Section 5 of Specific Relief Act, 1963 a person entitled to the possession of specific immovable property may recover it in the manner provided in _______.

(A) The Specific Relief Act, 1963

(B) The Code of Civil Procedure, 1908

(C) The Code of Criminal Procedure, 1973

(D) The Transfer of Property Act, 1882

Ans. (A) The Speci c Relief Act, 1963

6. As per Article 16, no citizen shall, on grounds only of _____ or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(A) Religion, race, caste, sex, descent, place of birth, residence

(B) Religion, age, caste, sex, descent, place of birth, residence

(C) Religion, race, age, sex, descent, place of birth, residence

(D) Religion, race, caste, sex, descent, place of birth, age

(B) Religion, age, caste, sex, descent, place of birth, residence

Ans.

7. The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be ______.

(A) 2

(B) 3

Ans. (D) 5

(C) 4

(D) 5

8. According to the Article 300A of the Constitution of India, No _____shall be deprived of his property save by authority of law.

ALL INDIA BAR EXAMINATION - XVII (FEBRUARY 2023)

177

TYPES OF QUESTION TO BE ANSWERED MARKS

(A) Person

(C) Foreigner

(B) Citizen (D) Indian Ans. (A) Person

9. Which of the following is not ‘Law’ according to Article 13 of Indian Constitution?

(A) Rule

(B) By-laws

Ans. (D) None of these

(C) Custom or usage

(D) None of these

10. The consent is not a valid consent under Section 90 of IPC:

(A) If given under fear of injury or misconception of fact

(B) If given by person of unsound mind

Ans. (D) All of these

(C) If given by child below 12 years of age

(D) All of these

11. The provision of ‘Plea Bargaining’ under chapter XXIA of Cr.PC are not applicable if the offence is committed against a child below the age of

(A) 12 years

(B) 14 years

Ans. (A) 12 years

(C) 16 years

(D) 18 years

12. Under Sections 82 and 83 of Indian Penal Code, an offence is punishable if it is done by a child

(A) Of below seven years of age

(C) Of above seven years of age but below ten years having attained sufficient maturity and understanding

(B) Of above seven years of age but below twelve years having attained sufficient maturity and understanding.

(D) Of above seven years of age but below twelve years not having attained sufficient maturity and understanding

Ans. (D) Of above seven years of age but below twelve years not having attained suf cient maturity and understanding

13. Any police officer making an investigation under Section 160 of Cr.PC cannot require the attendance of a male, at a place other than the place of his residence who is

TYPES OF QUESTION TO BE ANSWERED MARKS

(A) Under the age of 15 years and above the age of 60 years

(B) Under the age of 18 years and above the age of 60 years

(C) Under the age of 15 years and above the age of 65 years

(D) Under the age of 18 years and above the age of 65 years

Ans. (A) under the age of 15 years and above the age of 65 years

14. Which of the following is not Secondary evidence as per Section 63 of Indian Evidence Act, 1872?

(A) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies

(B) Copies made from or compared with the original.

(C) Oral accounts of the contents of a document given by some person who has himself seen it

(D) Copies not certified under Section 63

Ans. (D) Copies not certi ed under Section 63

15. Under section 29 of the Arbitration and Conciliation Act, 1996 arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal _____.

(A) Shall be made by all members

(B) Shall be made by 2/3 majority of its members

(C) Shall be made by the chief arbitrator

(D) Shall be made by majority of its members

Ans. (D) Shall be made by majority of its members

16. The provision for ‘maintenance pendente lite’ in Hindu Marriage Act, 1955 is given in ______.

(A) Section 22

(B) Section 23

Ans. (C) Section 24

(C) Section 24

(D) Section 25

17. Which of the following is not a ground of void marriage under Section 11 of the Hindu Marriage Act?

(A) Bigamy

(B) Degrees of Prohibited Relationship

Ans. (D) Child marriage

(C) Sapinda Relationship

(D) Child marriage

ALL INDIA BAR EXAMINATION - XVII (FEBRUARY 2023) 179

TYPES OF QUESTION TO BE ANSWERED MARKS

18. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 Section 2, if the husband has been insane for a period of:

(A) 1 year (C) 5 years

(B) 2 years (D) 7 years

Ans. (A) 1 year

TYPE 2

Questions where Acts are provided and Sections/ Articles/Orders are given in the Options

1. Under which Section of the Environment (Protection) Act, 1986. An appeal to National Green Tribunal (NGT) lies?

(A) Section 4A (C) Section 6A

(B) Section 5A (D) Section 7A

Ans. (D) Section 7A

2. Which one of the following Fundamental Duties relates to Environmental Protection?

(A) Article 51A(b) (C) Article 51A(j)

(B) Article 51A(g) (D) Article 51A(k)

Ans. (A) Article 51A(b)

3. Which of the following is/are CORRECT with respect to “Declaratory Decrees” under the Specific Relief Act, 1963?

(A) Section 34 of the said Act deals with it (C) Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature)

(B) It is discretionary in nature. (D) None of these

Ans. (A) Section 34 of the said Act deals with it

4. Which of the following Schedule deals with Union list, State list and Concurrent list in the Constitution of India?

(A) Schedule 7 (C) Schedule 11

(B) Schedule 10 (D) Schedule 12

Ans. (D) Schedule 12

5. Provisions for Right of Private Defence is given between _____ of IPC.

(A) Sections 74-84 (C) Sections 107-120

180 ALL INDIA BAR EXAMINATION - XVII (FEBRUARY 2023)

TYPES OF QUESTION TO BE ANSWERED MARKS

(B) Sections 96-106 (D) Sections 141-160

Ans. (B) Sections 96-106

6. Causing of the death of child in the mother’s womb is not homicide as provided under

(A) Explanation III to Section 300 (C) Explanation III to Section 301

(B) Explanation III to Section 299 (D) Explanation III to Section 302

Ans. (B) Explanation III to Section 299

7. Which Sections deal with the processes to compel appearance under Code of Criminal Procedure 1973?

(A) Sections 61 to 90 (C) Sections 211 to 219

(B) Sections 154 to 173 (D) Sections 274 to 282

Ans. (A) Sections 61 to 90

8. Which Order of Civil Procedure Code deals with Temporary Injunction and interlocutory Injunction?

(A) Order 38 (C) Order 40

(B) Order 39 (D) Order 41

Ans - (B) Order 39

9. Which of the following Section of Civil Procedure Code deals with the concept of Res Judicata?

(A) Section 10 (C) Section 12

(B) Section 11 (D) Section 13

Ans. (B) Section 11

10. The doctrine of “Res Gestae” has been discussed in which Section of the Evidence Act?

(A) Section 5 (C) Section 10

(B) Section 6 (D) Section 11

Ans. (B) Section 6

11. When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872?

(A) Section 17 (C) Section 19

(B) Section 18 (D) Section 21

Ans. (C) Section 19

HOW TO CRACK ALL INDIA BAR EXAMINATION (AIBE)

AUTHOR : RAJENDRA PARIKH , PARTH TRIVEDI , HIMASHRI PAWASKAR

PUBLISHER : TAXMANN

DATE OF PUBLICATION : SEPTEMBER 2023

EDITION : 2023 Edition

ISBN NO : 9789357789837

BINDING TYPE : PAPERBACK

DESCRIPTION

This book provides comprehensive guidance & clarification to the All-India Bar Examination (AIBE), covering aspects such as:

• Syllabus

• Paper Pattern

• Passing Criteria

It solves the common questions encountered in the exam by using the following:

• Illustrations

• Explanations

This book aims to help the reader understand the exam pattern/style and provides a clear roadmap to approach the exam more systematically and efficiently. The Present Publication is the latest 2023 Edition, authored by Dr Rajendra Parikh, Parth Trivedi and Himashri Pawaskar. The noteworthy features of this book are as follows:

• [Question Paper & Answer Keys] for the past five years has been provided

• [Analysis of Question Papers]

o Questions where Act and Sections/Articles/Orders are provided together

o Questions, where the Name of the Acts are provided in Question and Sections/Articles/Orders, are given in the Options

o Questions based on the Enforcement of the Act

o Questions based on the Definition

o Questions based on the Number of Chapters/Sections

o Questions based on Illustrations

o Questions based on the Schedules

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