Bar Council Mock - 6

The minor son on attaining majority can challenge the sale on the ground of not taking permission from the court.

Alternative dispute resolution (ADR) is designed to help parties to resolve their differences without the need to go to court. Litigation should be the last resort for the parties, and only be used if all attempts at resolution have failed.

(1) The maxim Res ipsa loquitur is a rule of evidence.

(4) The parties cannot themselves appoint the second arbitrator and are required to again approach the chief justice for appointement of another arbitrator.

(3) Under Section 45 of the Indian Evidence Act, the opinion of an expert cannot be on the question of Indian law.

(1) A lunatic who is not prevented by his lunacy from understanding the questions put to him is a competent witness.

(2) Arbitration is a process where parties refer a dispute to a third party rather than going to court.

(3) His evidence is relevant u/s 114 and 133 of the Evidence Act.

(1) The chief justice is bound to appoint the arbitrator leaving the plea of limitation open for decision in arbitration award.

(3) Res Ipsa loquitur means the thing speaks for itself.

(4) Under Section 44 of the Indian Evidence Act, evidence of judgment, order or decree can be challenged on the ground of fraud or collusion or incompetence of the court.

(2) An accomplice is not a competent witness in offences punishable with hadd.

Option (1) is correct: The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of Ireland.

(4) Hostile witness is the one who is not desirous to tell the truth and gives testimony against the party who called him as a witness in his favour.

Option (1) is incorrect: The State Legislature Assembly is not the head of the ‘State Executive’.
Option (2) is incorrect: The State Cabinet is not the head of the ‘State Executive’.
Option (3) is incorrect: The real executive power rests with the Chief Minister who heads the Council of Ministers.
Option (4) is correct: In the states, the Governor, as the representative of the President, is the head of the ‘State Executive’. 

Option (1) is incorrect: Equal pay for equal work to all is a socialistic principle.
Option (2) is incorrect: Protection of the health of the workers is a socialistic principle.
Option (3) is incorrect: Prevention of concentration of wealth and the means of production is a socialistic principle.
Option (4) is correct: All the three directive principles are socialistic principles.

Option (1) is incorrect: Right to equality is available to all the persons “citizens or non-citizens”.
Option (2) is incorrect: Protection against arrest and detention is available to all the persons “citizens or non-citizens”.
Option (3) is correct: The Fundamental Right available only to citizens is "freedom of speech and expression".
Option (4) is incorrect: Protection of life is available to all the persons “citizens or non-citizens”.
Option (5) is incorrect: Protection personal liberty is available to all the persons “citizens or non-citizens”. 

(3) The classification of Jurisprudence has been provided by Bentham.

(3) Utilitarian thinkers do not argue that laws which do not benefit the greater good are invalid, but that a law is a good law only if it maximises the happiness or well-being of the greater number.

Option (1) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of faith, along with liberty of thought, expression and worship.
Option (2) is correct: The Preamble to the Constitution secures to all citizens liberty of thought, expression, belief, faith and worship.
Option (3) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of belief, along with liberty of thought, expression, faith and worship.
Option (4) is incorrect: The Preamble to the Constitution also secures to all citizens the liberty of worship, along with liberty of thought, expression, belief and faith.

(2) Any magistrate can set aside a declaration of forfeiture under section 95 of CrPC.

(1) Section 92 of CrPC lays down the procedure for production of document(s) in the custody of postal or telegraph authority.

(4) Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.

(1) The investigating officer under section 160 of CrPC cannot require the attendance of a male, at a place other than the place of his residence, who is under the age of 15 years.

(1) Withdrawal of a complaint under section 257 of CrPC results in acquittal of the accused in cases where charge has already been framed.

(1) Positivism studies law in the sense of norms produced by the people who are entitled to create them, irrespective of the democratic nature of the law-making institutions.

(1) The registration of the case regarding commission of cognizable offence is under section 154 of CrPC.

(3) Section 164 of CrPC provides a special procedure for recording of confession as well as statements made during the course of investigation.

Option (1) is incorrect: No such provision
Option (2) is correct: Under section 35A (2) of the CPC, no court shall make any such order for the payment of an amount exceeding Rs. 3000 or exceeding the limits of its pecuniary jurisdiction, whichever is less.
Option (3) is incorrect: No such provision

(1) An order of maintenance or interim allowance can be cancelled under the circumstances stated under section 125(5) of CrPC.

Option (1) is incorrect: The summons shall not be served by affixing outside the prison.
Option (2) is incorrect: The summons shall not be served by sending process server in the prison.
Option (3) is correct: Under Order V, Rule 24 of the CPC, where the defendant is confined in a prison, the summons shall be delivered or sent by post or by courier service, by fax message or by electronic mail service to the officer in charge of the prison for service on the defendant.
Option (4) is incorrect: The summons shall not be served by production warrant through the court.

As per section 122 of Transfer of Property Act, 1882, "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Option (1) is incorrect: No such provision
Option (2) is correct: Under Order VI, Rule 18 of CPC, if a party, who has obtained an order for leave to amend, does not amend accordingly within the time limited for that purpose by the order or if no time is thereby limited, then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

(3) The investigating police officer in a case has power to require attendance of a person acquainted with the facts and circumstances of the case under section 160 of CrPC.

(1) A magistrate records the confession of an accused or a statement of a witness during investigation, under section 164 of CrPC.

Option (1) is incorrect: Does not preclude the courts in India from trying a suit founded on the same cause of action.
Option (2) is correct: Explanation under section 10 states that the pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the same cause of action.
Option (3) is incorrect: It doesn’t depend on the nature of suit.
Option (4) is incorrect: No such provision

(4) Agency by operation of law arises where it is necessary to act on behalf of another, where it is impossible to obtain proper authority to perform necessary acts on behalf of a principal and is limited to situations of emergency.

As per section 3 of Transfer of Property Act, 1882, where a person professes to transfer property or where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee, the amount or value of the property attempted to be transferred to him.

The transfer is invalid. As per section 59 of Transfer of Property Act, 1882, where the principal money secured is one hundred rupees or more, a mortgage other than a mortgage by deposit of title deeds can be affected only by a registered instrument signed by the mortgagor.

Option (1) is incorrect: A cannot sue B afterwards for the rent due for 1905.
Option (2) is incorrect: A cannot sue B afterwards for the rent due for 1907.
Option (3) is incorrect: A cannot sue B afterwards for the rent due for both 1905 and 1907.
Option (4) is correct: Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

Option (1) is correct: The starting words of section 511 clearly state that 'whoever attempts to commit an offence punishable by this Code'. So, section 511 applies to offences punishable under the IPC.

Option (1) is incorrect: A has not caused voluntary hurt.
Option (2) is incorrect: A is not liable to assault.
Option (3) is correct: A has committed no offence. This agreement implies the consent of each to suffer any harm in course of fencing.
Option (4) is incorrect: A is not liable to compensate B. 

Option (1) is incorrect: Every type of corporeal property
Option (2) is incorrect: Every type of corporeal property
Option (3) is correct: The word 'movable property' does not include land and things attached to the earth or permanently fastened to anything which is attached to the earth.
Option (4) is incorrect: Every type of corporeal property

Option (2) is correct: Section 405 of the Indian Penal Code talks about criminal breach of trust.

Option (1) is incorrect: This defence is not admissible in the court of law.
Option (2) is incorrect: This defence is not admissible in the court of law.
Option (3) is correct: Consent is a defense taken into consideration under the act of rape.

Option (3) is correct: Under section 376 of the IPC, a public servant committing rape on a woman in his custody shall be punished with rigorous imprisonment for a term which shall not be less than ten years.

(4) Jurisdiction of district is twenty to fifty lac. 

(1) Under the Apprentices Act, 1961, an apprentice is entitled for casual leave for a maximum period of twelve days in a year.

Every member of district forum shall hold office for a term of 5 years or up to age 65 years.
A member of district forum shall be eligible for reappointment for another term.
Members of district forum may resign office in writing addressed to state government.
 

(1) A vehicle under temporary registration number plate may be used on road for thirty days.

(4) The Province of Quebec uses a source of law known as the Civil Code.

(2) Violation of the Child Labour (Prohibition and Regulation) Act, 1986 shall be punishable with imprisonment for a term not less than three months.

Option (1) is correct: A is liable as he may not know that B has a duplicate key in his possession.

(1) Power has been given to Appropriate Government to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.

(4) The Industrial Dispute Act was first amended in the year 1949.

Option (1) is incorrect: It is not against the police excesses.
Option (2) is incorrect: It is not against damaging the dignity of a person.

(2) Statutes are laws established by governing bodies in particular jurisdictions.

(1) Before the Industrial Disputes Act was implemented in the year 1947, Trade Disputes Act, 1929 took care of the industrial disputes.

Special resolution should be passed by ¾ members of a company.

(3) The final stage in a bill becoming a law is proclamation by the government.

(1) The appointment is valid under Industrial Dispute Act.

A company may become a holding company by acquiring 50% voting stock in another company to exercise control of its operations.
Thus, XYZ is a holding company. 

A company may remove the Chief Executive from his office. But, for this purpose, it has to pass special resolution.

(2) The biggest legal issue with a Universal Resource Locator (URL) is the domain name.

(2) The Information Technology Act, 2000 governs internet usage in India.

(1) Controller of Certifying Authorities

(1) Every person who was in charge of and was responsible to the company will be held liable if a company commits an offence under the IT Act, 2000.

(1) Imprisonment for 10 years and also a fine which may extend to two lakh Rupees

Option (4) is correct.

(2) In case of reparations for injuries suffered in the service of the United Nations, the International Court of Justice held that United Nations Organisation possesses international legal capacity to make an international claim against a sovereign state.

(2) Irrespective of its rudimentary character, International Law is more honoured in observance than in breach.

Public companies start business only after getting certificate of commencement of business.

(3) This definition was given by Oppenheim.

 Interim suspension is a temporary suspension of a lawyer from the practice of law pending imposition of discipline.

(2) Pacta sum Servanda means treaties are a source of International Law.

(3) An experienced lawyer, usually a retired member the judiciary, employed by a law firm as consultant is known as Of Counsel.

(1) Attorney lien refers to the right to retain the funds, documents and papers against the client until the attorney’s fees is fully paid.

(1) Ratification allows a principal to accept the acts of an agent after a contract has been negotiated for which the agent lacked authority.

Option (2) is correct as the contract is voidable. A void contract is the one which has become invalid due to certain reasons. A valid contract contains all the essential elements of a valid contract. An immoral contract is the one which is opposed to public policy.

Option (1) is incorrect as a part of the contract is valid.
Option (2) is incorrect as a part of contract is void. 
Option (3) is incorrect as the whole contract is not unlawful.
Option (4) is correct answer: The agreement to deliver wheat is valid, but the agreement is void as for the pistol. 

Option (3) is correct as the intention of contract is not mentioned in contract act. Section 11 is concerned with competency of parties. As per contract act, the consideration should be real, not illusory. The object should be lawful.

Option (2) is correct. The payment for necessities supplied to a minor can be recovered from his estate. The agreement with or by a minor is void ab initio. Thus, both Assertion and Reason are correct. However, it is not the correct explanation.

Option (1) is correct: The starting words of Section 8 state ”Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.”
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section<span style="font-family:" arial;="" font-size:="" small;=""> 8 cannot be invoked against the person who is the owner of the article.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 8 cannot be invoked by the person not entitled to the possession of the article.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Section 8 can be invoked in respect of any article.

Option (1) is correct: Under Section 6(2) (a) of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property after six months from the date of dispossession.
Option (2) is incorrect: No such provision
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: Section 31 provides provision as to barred or pending suits, etc.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 27 of the Limitation Act, 1963 creates an exception to aforesaid principle.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 26 deals with exclusion in favour of reversionary of servant tenement.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 25 deals with acquisition of easement by prescription.

Option (2) is correct: Under Limitation Act, 1963, a suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of 12 years.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: The period of limitation will begin to run from the date when the right to sue first accrues.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: The period of limitation will begin to run from the date when any successive violation of right accrues.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: The period of limitation will begin to run from the date when the right to sue last accrues.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: If a suit is based on multiple causes of action, the period of limitation will begin to run from the day the violation of the right comes to the knowledge of the party.