Bar Council Mock - 4

(4) Layoff means suspension or termination of employment with or without notice by the employer or management.
Layoffs are not caused by any fault of the employees, but by reasons such as lack of work, cash or material. 

(3) Under the Industrial Dispute Act, 1947, closure means the permanent closing down of a place of employment or part thereof.

(3) A refusal to work, organised by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer. In other words, a strike means cessation of work coupled with gherao of management.

(3) The Consumer Protection Act, 1986 was enacted on December 24, 1986.

(4) Under Section 27A of the Consumer Protection Act, 1986, every appeal shall be preferred within a period of thirty days from the date of an order of a District Forum or a State Commission or the National Commission.

(4) The Rann of Kachchh dispute was settled by international arbitration.

(4) The International Court of Justice has compulsory jurisdiction over all international disputes between states and states enjoy sovereignty in international relations.

Peacekeeping operations are usually led by the Department of Peacekeeping Operations (DPKO). The UN General Assembly has the power to authorise UN peace-keeping operations.
The General Assembly represents the entire membership of the United Nations. There are 193 United Nations (UN) member states and each of them is a member of the United Nations General Assembly.
Both A and R are individually true, but R is not the correct explanation of A. 

(3) Articles 94 of the United Nations Charter provides that if any party to a case fails to perform its obligations under the judgment, the other party may have recourse to the Security Council, which may decide upon measures to be taken to give effect to the judgment.

The statement presented in option (4) is incorrect.

(1) Administrative tribunals are specialised governmental agencies established under federal or provincial legislation to implement legislative policy.

(4) Administrative law includes legislative acts, rules, decisions and directives of public officials, agencies, boards and commissions.

(4) Regulatory bodies are typically established to ensure that services meet certain standards based on a perceived need by the government to protect the public.

The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes. Doctrine of proportionality is a concept relating to Administrative Law. 

Alternative Disputes Redressal (ADR) is a concept in Civil Procedure Code. Only in civil cases, ADR can be an effective machanism.

Under Section 114 of Evidence Act, the court may presume the existence of any fact which it thinks likely to have happened.

Opinion of experts is relevant under Section 45 of Evidence Act.

(4) Under Arbitration and Conciliation Act, 1996, “court” means the principal Civil Court of original jurisdiction in a district.

Section 143 of Indian Evidence Act states that leading questions are generally asked in cross examination.

(4) An arbitral award must be in writing and made on a stamp paper of prescribed value.

Section 1 of Indian Evidence Act expressly provides that the act is not applicable to affidavits presented to any court or proceedings before an arbitrator.

All of the above facts are relevant.

Test Identification Parade can be taken by any person whom the court authorises by police officer not below the rank of sub-inspector and by the court itself.

A husband is obliged to maintain his divorced wife till she gets remarried.

Sumitra Kulkarni is the only woman member of the Constitution Review Commitee.

(4) Austin defined law as a command of the sovereign.

(2) Aristotle has made distinction between distributive justice and corrective justice.

(2) Savigny propounded volksgiest theory.

Under Section 26 of Indian Evidence Act, confession while in the custody of police officer is not admissible in evidence unless it is made in the immediate presence of Magistrate.

Certiorari quashes the order of a lower court that has been without jurisdictions.

Option (1) is incorrect: No such provision under the Code of Criminal Procedure.
Option (2) is incorrect: No such provision under the Code of Criminal Procedure.
Option (3) is correct: Section 29 of the Code of Criminal Procedure says that the court of a Chief Judicial Magistrate may pass any sentence authorised by law, except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
Option (4) is incorrect: No such provision under the Code of Criminal Procedure.

The most active committee of the cabinet is Committee on Political Affairs.

All these evidences are relevant and admissible under Indian Evidence Act, 1872. 

The Constitution of India guarantees right against exploitation to children and women.

Option (1) is correct: Under Section 155(4) of the Code of Criminal Procedure, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Option (2) is incorrect: It is not considered as a non-cognizable case.
Option (3) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a warrant case. It is always taken as a cognizable case.
Option (4) is incorrect: There is no provision under the Code of Criminal Procedure to look into whether it is a summons case. It is always taken as a cognizable case.

Option (1) is incorrect: No such provision of ten days under the Code of Criminal Procedure.
Option (2) is correct: As provided under Section 167(2), when an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is fifteen days.
Option (3) is incorrect: No such provision of thirteen days under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of thirty days under the Code of Criminal Procedure.

Option (1) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall alter when it has signed its judgement or final order disposing of a case.
Option (2) is incorrect: Under Section 362 of the Code of Criminal Procedure, no court shall review the same when it has signed its judgement or final order disposing of a case.
Option (3) is correct: Under Section 362 of the Code of Criminal Procedure, no court, when it has signed its judgement or final order disposing of a case, shall alter or review the same, except to correct a clerical or arithmetical error and the retrial of the case.
Option (4) is incorrect: No court may begin retrial of the case when it has signed its judgement or final order disposing of a case.

Option (1) is incorrect: No provision under the Code of Criminal Procedure.
Option (2) is incorrect: Withdrawal is always by the Public Prosecutor or Assistant Public Prosecutor in charge of a case.
Option (3) is correct: Under Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the court, at any time before the judgement is pronounced, withdraw from the prosecution of any person.
Option (4) is incorrect: No provision under the Code of Criminal Procedure for the aggrieved persons to withdraw the case.

Option (1) is incorrect: Discharge is during trail procedure.
Option (2) is incorrect: Acquittal is also during trial procedure.
Option (3) is incorrect: When an investigation is not completed within the prescribed period, then bail can be granted only by the concerning magistrate.
Option (4) is correct: Under Section 167(2) of the CrPc, when an investigation is not completed within the prescribed period of 90 days or 60 days, as the case may be, and the accused is in custody on expiry of the said period, the accused is entitled to be released on bail if he is prepared to and does furnish bail.

Option (1) is incorrect: Acquittal or conviction is always on merits in all cases, i.e. after hearing the accused.
Option (2) is correct: No conviction can be made without giving an opportunity to the accused or without hearing the accused. 
Option (3) is incorrect: It is required always before the magistrate finds the accused guilty. 
Option (4) is incorrect: It is a mandatory provision for the court.

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction.
Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court.
Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata.
Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

Option (1) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, if the offence is punishable with fine only, is six months.
Option (2) is incorrect: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is one year, if the offence is punishable with imprisonment for a term not exceeding one year.
Option (3) is correct: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance is three years, if the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years. Defamation is an offence punishable with an imprisonment of two years or fine or both.
Option (4) is incorrect: Limit is prescribed under Section 468(2) of the Code of Criminal Procedure, where the offence is punishable with imprisonment for a term exceeding one year, but not exceeding three years.

Option (1) is incorrect: No such provision of 7 years under the Code of Criminal Procedure.
Option (2) is correct: Under Section 24 of the Code of Criminal Procedure, the Central Government or the State Government may appoint an advocate who has been in practice for not less than ten years as a Special Public Prosecutor.
Option (3) is incorrect: No such provision of 15 years under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of 5 years under the Code of Criminal Procedure.

Option (1) is incorrect: No such provision
Option (2) is correct: Under Order XVI, Rule 1(1) of the Code of Civil Procedure, the parties shall present in court a list of witnesses whom they propose to call, not later than fifteen days after the date on which the issues are settled.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is correct: Under Section 21 of the Indian Contract Act, 1872, a contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.

Option (1) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is void from the beginning and can never become voidable.
Option (2) is correct: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is said to be void.
Option (3) is incorrect: An agreement not enforceable by law is not illegal.
Option (4) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement when enforceable by law becomes contract.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: Order VIII, Rule 1 proviso states that where the defendant fails to file the written statement within thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
Option (4) is incorrect: No such provision

Option (1) is incorrect: The court passing the decree cannot determine such question.
Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree.
Option (3) is incorrect: The appellate court cannot determine such question.

Option (1) is incorrect: FIR made under Section 154 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence.
Option (2) is incorrect: FIR is an initial process to start an investigation of an offence.
Option (3) is correct: An FIR is just to inform the police about an offence, but this information or statement by the informant cannot be used as evidence or previous statement for any purpose in further proceedings of a case.

Option (1) is correct: In case of a suit against the Central Government where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of the General Manager of that railway.
Option (2) is incorrect: In case of a suit against the Central Government, except where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government.
Option (3) is incorrect: In case of a suit against a State Government, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government or the Collector of the district.
Option (4) is incorrect: No such provision

Option (1) is incorrect: The day from which the period is to be counted shall not be counted for computation of period of limitation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Time taken by the advocate to prepare memorandum of appeal shall not be counted for computation of period of limitation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: As per provisions of Section 12 of the Limitation Act, 1963, time taken to obtain copy of judgement/order/award shall be counted for computation of period of limitation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Time taken for obtaining leave to sue as an indigent person shall not be counted for computation of period of limitation.

Option (1) is incorrect: For a valid agreement, there must be a proposal from one person. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that either to such act or abstinence, he is said to make a proposal.

Option (2) is incorrect: When the person to whom the proposal is made, gives his assent, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. An unaccepted proposal can never become a promise.

Option (3) is incorrect: When, at the desire of the person who made the proposal, the person to whom the proposal is made or any other person promises to do or to abstain from doing something, such act or promise is called a consideration for the promise. Hence, every promise and every set of promises, forming the consideration for each other, is an agreement.

Option (4) is correct: Immovable property is not required to make a valid agreement under the Indian Contract Act, 1872. Contract is not confined to immovable property.

Option (1) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to appeals.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Starting words of Section 5 states that provisions of this section are applicable only to appeal or any application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to applications.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Option (2) is correct.

As per Section 6 of act, it means to have chances of succeeding to hereditary property. It is not the property of another person. Thus option (1) is the correct answer.

The claim of S is contingent. Its validity depends upon the life of A. Thus (2) is correct option.

(3) In every contract there must be an offer containing a promise and every promise must have a consideration which is accepted or agreed upon.

Option (1) is incorrect: Yes, A is entitled for reimbursement from the property of B.
Option (2) is incorrect: No such provision
Option (3) is correct: Under Section 68 of the Indian Contract Act, 1872, if a person incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such an incapable person.

(2) Fire and marine insurance contract, in general, are contracts of indemnity, that is, they provide for compensating the insured for loss or damage sustained. A contract of life insurance forms an exception to the general rule. A life insurance contract does not resemble a contract of indemnity because the insurer does not undertake to indemnify the assured for any loss on maturity or death of the assured but promises to pay sum assured in that event.

The property may be transferred without writing in every case where writing is not expressly required by law.
Thus (1) is correct.
So, option (2) is incorrect which specifies only written transfers.
Option (3) is incorrect as there are oral provisions of transfer.

Option (1) is incorrect: Section 9 of Specific Relief Act provides for defense respecting suits for relief based on contract.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 14 of Specific Relief Act deals with 'contracts not specifically enforceable'.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 10 of Specific Relief Act deals with cases in which specific performance of contract is enforceable.

(1) Section 147 of the Negotiable Instruments Act, 1881 deals with offences to be compoundable.

Option (1) is correct: Under Section 426 of the Indian Penal Code, whoever commits mischief shall be punished with imprisonment of either description for a term, which may extend up to three months, or with fine or with both.

It is a suit where the plaintiff holds the property in which he has pecuniary interest. There are many defenders pleading against each other. Section 88 says that such a person can claim against all the claimants. It further says if any suit is pending in which rights of all parties can be properly decided, no such interpleader suit shall be instituted. Thus (4) is the correct option.

Option (2) is correct: Section 399 of the IPC states that whoever makes any preparation for committing dacoity shall be punished.

The presumption under section 137 of the Negotiable Instruments Act, 1881 is the law of any foreign  country regarding promissory notes, bills of exchange and cheque is same as that of India.

Option (1) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 12 of Specific Relief Act deals with specific performance of part of contract.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 13 of Specific Relief Act deals with rights of purchaser or lessee against person with no title or imperfect title.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 14 of Specific Relief Act deals with contracts not specifically enforceable.

Option (1) is incorrect: Whoever intentionally puts any person in fear of any injury to that person and thereby, dishonestly induces the person so put in fear to deliver any property, commits extortion.

A son is obliged to pay a pious debt (religious debt) contracted by his father either before or after partition.

(1) The Motor Vehicles Act, 1939 was enacted to deal specifically with accidents arising out of the use of motor vehicles.

Option (4) is correct: Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person, shall be liable to be punished.

Option (1) is incorrect: Chapter VI of the Specific Relief Act deals with declaratory decrees.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Provisions for mandatory injunctions are provided u/s 39.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 26 of Specific Relief Act provides when instruments may be rectified.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Provisions for rescission of contracts are provided u/s 27.

Option (1) is correct: Under Section 67 of the Indian Penal Code, if the offence is punishable with fine only, then the imprisonment which the court imposes in default of payment of the fine shall be simple.

Option (3) is correct: Section 73 of the IPC provides for the maximum limit of solitary confinement to be three months.

The judgment against B is irrelevant against C.

Option (3) is correct: Persons are said to be joint tortfeasors when their separate shares in the commission of a tort are done in furtherance of a common design.

Option (2) is correct: Damage is an essential element of liability in the tort of conspiracy for the tort.

(4) Prices of essential commodities, paying capacity, productivity and difference in exchange rates are the factors that caused variation of minimum wages in India.

(2) Claim on the basis of 'No Fault Liability' can be made under the Motor Vehicles Act.

(2) Corporate Social Responsibility

(3) All those who are affected by or can affect the operations of an organisation are known as stakeholders.

Articles of association is a concept of the Companies Act. 

The time lag between two successive annual general meetings of a company shall not exceed 15 months, which may further be extended by the Registrar by 3 months. 

The provision regarding this maximum number of partners is mentioned in the Indian Companies Act.

(2) The World Environmental Day is celebrated on June 5.

(3) The use of internet or other electronic means to stalk or harass an individual, a group of individuals or an organisation is called cyberstalking.

(4) The Government of India, by the 42^nd Amendment of the Constitution in 1976 made the express provision for the protection and promotion of the environment, by the introduction of Articles 48A and 51A(g), which form the part of Directive Principles of State Policy and the Fundamental Duties, respectively.

(4) Section 66F of the IT Act deals with cyberterrorism.

(1) The Government of India, by the 42^nd Amendment of the Constitution in 1976, made the express provision for the protection and promotion of the environment, by the introduction of Articles 48A and 51A(g), which form the part of Directive Principles of State Policy and the Fundamental Duties, respectively. 

(1) Section 66 of the IT Act covers most of the common crimes arising out of 'Unauthorised Access'.

(3) The Forest (Conservation) Act was enacted in the year 1980.

(2) The first of the major environmental protection acts to be promulgated in India was the Wildlife Protection Act.

A government company is any company in which not less than fifty-one percent of the paid-up share capital is held by the central government or by any state government or governments or partly by the central government and partly by one or more.

(4) The central government can enact laws or statutes on regulation of labour and safety in mines and oilfields.

(2) Section 67B of the IT act provides for child pornography.

(4) A premises including precincts thereof is a ‘factory’ within the meaning of the Factories Act, 1948 wherein a manufacturing process is being carried on without the aid of power and where the number of workers working is 50 or more.

(1) India's first case of cyberstalking was registered in Delhi.

(3) Lawyers have duties towards the Society, the Courts, the Bar and the Client.

(4) Lawyers who were appointed to the Judiciary are not prohibited from practicing law.

(3) Philippine residency is not required to be possessed by the applicants of the Bar Examinations.

(4) The power of the SC to regulate the practise of law does not include exercise overall supervision of the legal profession including lawyers.