Practice paper All India Bar Examination (AIBE) Entrance Exam

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1. For criminal conspiracy the minimum number of persons required as —

(A) Seven

(C) Two

(B) Five

(D) Three

Ans:-C

2. Assault cannot be caused by—

(A) Mere words

(B) Gestures

(C) Preparation

(D) Any one of these

Ans:-A

3. Robbery is dacoity if committed conjointly by—

(A) More than two persons but less than five persons

(B) More than five persons or more

(C) At least seven persons

(D) At least ten persons

Ans:-B

4. For an unlawful assembly, the minimum number of persons required is —

(A) Ten

(B) Seven

(C) Five

(D) Three

Ans:-C

5. X knows that Y is suffering from a disease in his head and also knows that if a blow is given to Y on his head it is likely to cause his death, X gives a first blow to Y on his head. Y died. X is—

(A) Guilty of culpable homicide not amounting to murder

(B) Guilty of murder

(C) Guilty of causing hurt

(D) Guilty of no offence

as in ordinary circumstances that blow is’ not sufficient to cause death of a person of normal health.

Ans:-A

6. Y inserts his hand into the pocket of Z but the pocket was empty. Y is guilty of—

(A) No offence as the offence was not completed

(B) Theft

(C) Mischief

(D) Attempt to theft

Ans:-D

7. Two young ladies X and Y fight with each other. X knowing herself to be likely permanently disfigure Y’s face, she inflicts injury with a blade on the face of Y, leaving permanent ugly scar on the cheek of Y. Here X is guilty of causing—

(A) Simple hurt

(B) Grievous hurt by dangerous means

(C) Attempt to commit murder

(D) Grievous hurt by rash and negligent act

Ans:-B

8. When the injury is intentional and sufficient to cause death in the ordinary course of nature and death follow, the offence is—

(A) Attempt to murder

(B) Culpable homicide to amonting to murder

(C) Murder

(D) Grievous hurt

Ans:-C

9. In a cognizable case the police will have powers to—

(A) Investigate except the power to arrest without warrant

(B) Investigate and power to arrest without warrant only after seeking permission from the Magistrate

(C) Investigate including the power to arrest without warrant

(D) Investigate and arrest without warrant, only after informing the Magistrate having jurisdiction to inquire into or try the offence

Ans:-C

10. Permission to investigate into a non cognizable offence can be granted by a—

(A) Magistrate in any part of India

(B) Magistrate in any part of State

(C) Magistrate having jurisdiction to try the case

(D) Session Judge

Ans:-C

11. Warrant case has been defined as a case relating to an offence punishable with death,

imprisonment for life or imprisonment for a term—

(A) Exceeding one year

(B) Exceeding two years

(C) Exceeding three years

(D) Exceeding seven years.

Ans:-B

12. Offences of Indian Penal Code other than mentioned in section 320 oCrimina1

Procedure Code are —

(A) Not compoundable

(B) Compoundable with the permission of court

(C) Compoundable by the Court of Sessions

(D) Compoundable by the High Court

Ans:-A

13. Section 164 Criminal Procedure Code provides a special procedure for recording of—

(A) Confessions

(B) Statements made during the course of investigation

(C) Confessions as well as statements made during the course of investigation.

(D) Examination of witnesses by police

Ans:-C

14. When investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is—

(A) Ten days

(B) Fifteen days

(C) Thirteen days

(D) Thirty days

Ans:-B

15. If a Magistrate administers oath before recording the confession of an accused, the confessional statement is—

(A) Good in law and admissible in evidence

(B) Bad in law and inadmissible in evidence

(C) Good in law but admissible only on corroboration

(D) Bad in law but become admissible on corroboration by other evidence

Ans:-A

16. When investigation is not completed within the prescribed period of 90 days or 60 days, as the case may be and accused is in custody, on expiry of the said period, if he is prepared to and does furnished bail, the accused is entitled to be—

(A) Discharged

(B) Acquitted

(C) Released on bail by the investigating officer

(D) Released n bail by the concerning Magistrate

Ans:-D

17. Under the provisions of section 125 (4) Criminal Procedure Code, who of the following cannot claim maintenance from her husband—

(A) Wife herself earning money

(B) Wife living separately by mutual consent

(C) Woman, who has been divorced by her husband and has not remarried

(D) Woman, who has obtained divorce from her husband and has not remarried

Ans:-B

18. Jurisdiction to grant bail under section 438 of Criminal Procedure Code vests with —

(A) Only High Court

(B) Only Sessions Court

(C) Only Magistrate

(D) Either High Court or Court of Sessions

Ans:-D

19. Compounding of offence under the provisions of Criminal Procedure Code results in that criminal case—

(A) Acquittal of accused

(B) Discharge of accused

(C) Acquittal only if the charges have been framed

(D) Discharge only if the charges have been framed

Ans:-A

20. Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is —

(A) 90 days

(B) One year

(C) Three years

(D) No period of limitation is prescribed

Ans:-D

21. A disputed handwriting can be proved—

(A) By calling an expert

(B) By examining a person acquainted with the handwriting of the writer of the questioned document

(C) Comparison of the two, admitted and disputed documents

(D) All of the above,

Ans:-D

22. In relation to a court question the adverse party—

(A) Has a. right to cross examination as a matter of right

(B) Can cross examine only with the permission of court

(C) Has no right to cross examine

(D) Can make any objection as a matter of right

Ans:-B

23. Evidence means and include—

(A) Ocular evidence only

(B) Documentary evidence only

(C) Ocular 01 documentary evidence both

(D) Ocular evidence based on documents only

Ans:-C

24. The documents are—

(A) Caricature

(B) Words printed lithographed or photographed

(C) A map and an inscriptttion on a stone

(D) All of the above

Ans:-D

25. Contents of documents may be proved—

(A) By secondary evidences

(B) By primary evidence

(C) (A) and (B) both are correct

(D) Above all options are incorrect

Ans:-C

26. Under sub-section (5) (C) of section 65 (B) in Indian Evidence Act, a computer output shall be taken to have been produced by a computer—

(A) Whether it was produced by it directly

(B) Whether it was produced by means of any appropriate equipment

(C) Whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment

(D) Whether it was produced by it directly or by means of any appropriate equipment

In these four statements which are complete one?

Ans:-C

27. Admissions —

(A) Must be in writing

(B) Must be oral

(C) Can be either oral or in writing

(D) Must be oral and in writing both

Ans:-C

28. Facts which need not be proved by the parties, include —

(A) Facts which have been admitted by the parties at or before the hearing

(B) Statements made on oath

(C) Any registered document

(D) Statements made in plaint or in written statement supported by affidavit.

Ans:-A

29. Under Indian Evidence Act, a document required by law to be attested, can be proved by calling —

(A) Both the attesting witnesses

(B) At least one of the attesting witnesses

(C) Any other person

(D) A legal heir of the attesting witness

Ans:-B

30. Due execution of a document more than thirty years old, coming from proper custody is a —

(A) Presumption of facts

(B) Rebuttable presumption of law

(C) Irrebuttable presumption of law

(D) Presumption of facts and law both

Ans:-A

31. In criminal proceedings the burden of proof lies—

(A) On prosecution to prove the guilt of accused beyond reasonable doubt

(B) On accused to prove his innocence

(C) On both the parties

(D) Depends on the facts of each case

Ans:-A

32. Leading questions can be asked during —

(A) Examination-in-chief

(B) Cross-examination

(C) Re-examination

(D) Cannot be asked in any circumstances

Ans:-B

33. Under Hindu Law

(i) A mother cannot be natural guardian of a minor during life time of father.

(ii) After father’s death grandfather is natural guardian of the minor.

(iii) Maternal uncle would be guardian after father and grandfather.

(iv) Elder brother would be guardian after father and grandfather.

(A) (i) and (iii) are true

(B) (ii) and (iv) are true

(C) All are true

(D) None of the above

Ans:-D

34. After a notice of demand for arrears of rent has been served on tenant, he should pay or tender the arrears of rent, to save himself from eviction —

(A) Within fifteen days

(B) Within one month

(C) Within two months

(D) Within three months

Ans:-C

35. Tenant may be evicted on the ground of bonafide need of landlord for residential purpose, but the need does not extend to —

(A) His son’s need

(B) Need of the other family members

(C) Need of any person’ for whose benefit accommodation is held

(D) Need of any other tenant paying more rent

Ans:-D

36. For a construction, which has materially altered the accommodation to the detriment of- the landlord’s interest or is likely to diminish its value substantially, by the tenant—?

(A) Oral permission from landlord is sufficient

(B) Written permission of landlord is necessary

(C) Permission has to be taken from the Rent Controlling Authority

(D) No such permission is required

Ans:-D

37. In a case of eviction on the ground of bonafide need for residential or non-residential accommodation, the landlord cannot obtain possession of the accommodation before —

(A) One month

(B) Two months

(C) Three months

(D) Six months

from the date of judgement of eviction.

Ans:-B

38. In Hindu law, a father-in-law is bound to provide maintenance to his widowed daughter-in-law-—

(A) Out of his own resources

(B) If the daughter-in-law is not re-married

(C) Out of coparcenary property in his possession

(D) She is unable to get maintenance from her father

Ans:-D

39. Which of the following is incorrect statement?

(A) Tenant can sublet the whole or any part of the accommodation held by him as a tenant with the previous consent in writing of landlord

(B) Tenant can transfer or assign his rights in the tenancy or in any part thereof with the previous, consent in writing of landlord

(C) For subletting, the previous consent of landlord has to be taken in writing. It is a mandatory provision

(D) A landlord shall claim or receive the payment of any sum as premium of ‘pugree’ for giving his consent to the subletting of the accommodation held by the tenant.

Ans:-D

40. Standard rent may be fixed by —

(A) The court

(B) Landlord and tenant

(C) Rent Control Authority

(D) Collector

Ans:-C

41. Where a landlord recovers possession of any accommodation from the tenant in pursuance of an order made under clause (e) or clause (f) of sub-section (1) of section 12 of M.P. Accommodation Control Act, 1961, the landlord shall not, except with the permission of the Rent Controlling Authority obtained in the prescribed manner, relet the accommodation within —

(A) One year

(B) Two years

(C) Three years

(D) Five years

Ans:-B

42.. If the accommodation was let to a tenant for use as a residence by reason of his being in service or employment of the landlord and that tenant has ceased to be in such service or employment then which of the following is perfect —

(A) Ground for eviction is available in all respect

(B)This is not a ground for eviction

(C)Ground for eviction shall not be available if any dispute, as to whether the tenant has ceased to be in service or employment of the landlord, is pending before any competent authority

(D) No ground for eviction is available, if the tenant keeps paying the rent on or before due date

Ans:-C

43. Which of the following is not a legal ground of eviction?

(A) Tenant has built up, acquired vacant possession of or has been allotted an accommodation suitable for his residence

(B) Tenant has caused or permitted to be caused substantial damages to the accommodation

(C) Landlord desire to increase the rent being paid by tenant and tenant refuses for such increase

(D) Tenant has been convicted under any law of an offence of using the building or allowing the building to be used for immoral or illegal purposes

Ans:-C

44. The case of Hanuman Prasad Pandey Vs. Mst. Baboee is related to—

(A) Adoption

(B) Marriage

(C) Guardianship

(D) Maintenance

Ans:-C

45. On transfer for his benefit, an unborn person acquires vested interest—

(A) Upon his birth

(B) After one week of his birth

(C) After twelve days of his birth

(D) There is no such provision in law

Ans:-A

46. Where immovable property is transferred for consideration by persons, having distinct interest therein, but their interests in the property are of equal value, the transferor

are—

(A) Entitled to get equal share in the consideration

(B) Entitled to get unequal share in the consideration

(C) Entitled to get equal share subject to further transfers in future

(D) None of the above

Ans:-A

47. ‘Rule of lis pendent’ is applicable to suits for specific performance of contracts to transfer the immovable property. This statement is—

(A) False

(B) True

(C) Partly true

(D) Depends on the facts of each case

Ans:-B

48. In case of transfer of property, the seller is—

(A) Not entitled to rents and profits

(B) Entitled to rents and profits of the property till the ownership thereof passed to buyer

(C) Entitled to rents and profits forever

(D) None of the above

Ans:-B

49. In case of usufructurary mortgage the mortgagee is placed in possession and has a right to receive the rents and other profits —

(A) Till the mortgage money is paid

(B) Till the contract is rescinded

(C) For a fixed period of thirty years

(D) For a fixed period of ninety nine years

Ans:-A

50. A right to obtain a decree from the court that the mortgagor shall be absolutely &barred of his right to redeem the mortgaged property is called—

(A) A right for foreclosure

(B) A right for claim

(C) A right for redemption

(D) A right for sale

Ans:-A

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