Bar Council Mock - 5

Option (1) is incorrect: It is not a presumption of fact.

Option (1) is incorrect: Section 5 of Hindu Marriage Act, 1955 deals with conditions for a Hindu marriage.

(4) Cannot be challenged since the 1940 act stands repealed on coming into force of the 1996 act

(3) An arbitration award under the arbitration and conciliation act, 1996 has the status of a decree only after the time of three months for making an application to set aside the same has expired or such application having been made has been refused.

(1) A civil court before which an action is brought in a matter which is subject matter of arbitration, while referring the parties to arbitration on application of any party, is under the arbitration & conciliation act, 1996 required to dispose of the suit in terms of said reference.

(2) An application under Section 11 of the arbitration & conciliation act, 1996 can be filed in the court of appropriate pecuniary juisdiction dependent upon the subject matter of the dispute i.e. either before the civil judge or the district judge or the high court.

(4) Nothing is an exception to hearsay evidence.

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction.  

(3) Section 108 of the Indian Evidence Act provides presumption for death, i.e. 'Burden of proving that person is alive who has not been heard of for seven years.'

(2) A dumb witness who gives his evidence by writing in open court is termed oral evidence.

(1) Section 13 of Indian Evidence Act applies to both public and private rights.

(4) This section was introduced by the Criminal Law (Second Amendment) Act 46 of 1983.

Option (1) is incorrect: Available to citizens, not to non-citizens
Option (2) is incorrect: No such specific provision for Article 19
Option (3) is correct: Rights under Article 19 of the Constitution are available to citizens only.
Option (4) is incorrect: No such specific provision for Article 19

(2) In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of section 73 of Indian Evidence Act.

(2) Jurisprudence includes the value of the law and is not only how the law works or what the law is.

Option (1) is incorrect: Article 131 of Constitution of India deals with Original jurisdiction of the Supreme Court of India.
Option (2) is correct: Under Article 141 of the Constitution of India “the law declared by the Supreme Court shall be binding on all the Courts within the territory of India.”
 Option (3) is incorrect: Article 143 of the Constitution confers Advisory Jurisdiction to the Supreme Court of India.
Option (4) is incorrect: Article 142 of Constitution of India deals with Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

(1) The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 is related to identification parades.

Option (1) is incorrect: There is a specific provision in the Constitution for the impeachment of the Chief Justice of a High Court.
Option (2) is incorrect: There is a specific provision in the Constitution for the impeachment of the Chief Justice of India.
Option (3) is correct: There is no provision in the Constitution for the impeachment of the Governor.
Option (4) is incorrect: There is a specific provision in the Constitution for the impeachment of the Vice President.

(4) Under section 145 of the Code of Criminal Procedure, 1973, any dispute relating to the possession of immovable property is decided by the Executive Magistrate.

(3) Under section 315, any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. 

Option (1) is incorrect: Race is a ground in both Article 15 and Article 16 on which the State can discriminate.
Option (2) is incorrect: Article 15 and Article 16 states prohibition of discrimination on grounds of caste.
Option (3) is correct: Article 15 and Article 16 do not state prohibition of discrimination on grounds of residence.
Option (4) is incorrect: Article 15 and Article 16 states prohibition of discrimination on grounds of place of birth.

(3) Statements under section 161 of the Code of Criminal Procedure, 1973 are recorded by the police during investigation by the police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf.

(1) Under section 190 of the Code of Criminal Procedure, 1973, any Magistrate of the first class, and any Magistrate of the second class specially empowered, may take cognizance of any offence.

Option (1) is incorrect: The constitution of India is not highly federal.
Option (2) is incorrect: The constitution of India is partly federal and partly unitary.
Option (3) is incorrect: The constitution of India is not highly unitary.
Option (4) is correct: In a federal set up, there is a two tier Government with well assigned powers and functions. A unitary system is governed constitutionally as one single unit, with one constitutionally created legislature.

(2) Under section 133 of the Code of Criminal Procedure, 1973, a District Magistrate or Sub-divisional Magistrate may prevent environmental pollution.

Section 357 C of the Code of Criminal Procedure states the provision that all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person shall immediately provide the first-aid or medical treatment free of cost to the victims of any offence covered under section 326 A, 376, 376 A, 376 B, 376 C, 376 D or 376 E of the Indian Penal Code. 

(3) Analytical jurisprudence is dedicated to establishing what the law is.

(1) Under section 160 of the Code of Criminal Procedure, 1973, any police officer may, by order in writing, require the attendance before himself of any person who appears to be acquainted with the facts and circumstances of the case.

(4) Section 216 of the Code of Criminal Procedure, 1973 states that any Court may alter or add to any charge at any time before judgment is pronounced.

(2) The philosophy of natural law does not see law as an emanation of nature, but as a social necessity which reflects universal principles grounded on the nature of human beings.

(3) Under section 313, statements of an accused person are recorded by the court during trial under the Code of Criminal Procedure, 1973.

(2) Investigation is done by a police officer and inquiry is done by the court or by an officer authorised by the court.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: Under Order XVII, Rule 1(1) of the Code of Civil procedure, if sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than three times.
Option (4) is incorrect: No such provision

Option (1) is incorrect: Under Order V, Rule 15 of the CPC, a servant is not a member of his family within the meaning of this rule.
Option (2) is incorrect: Summons cannot be served on minor members of the family. 
Option (3) is incorrect: If the munim would not be present, then summons can be served on the adult daughter.
Option (4) is correct: Where in a suit, the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on any adult member of the family, whether male or female, whoever is residing with him.

Option (1) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.
Option (2) is correct: Under Order XXXII, Rule 10 of the CPC, on the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
Option (3) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.
Option (4) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.

As per section 106 of Transfer of Property Act, 1882, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy.

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine any person.
Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine and adjust accounts.
Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to perform any ministerial or clerical act.
Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commission to arrest a person. 

(1) Agency by conduct arises when a person knowingly permits another to act on his or her behalf.

(2) An agent may be liable to a third party when he exceeds his or her authority.

Option (1) is incorrect: Within certain limits from the place where the court is situated
Option (2) is incorrect: Within certain limits from the place where the court is situated
Option (3) is incorrect: Within certain limits from the place where the court is situated
Option (4) is correct: Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within certain limits from the place where the court is situated.

A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.

Options (1), (2) and (4) are incorrect.
Option (3) is correct: Under Section 58 of Transfer of Property Act, 1882, six types of mortgages are defined.

Options (1), (2) and (3) are incorrect: As per Section 5 of "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
Hence Option (4) is correct: Transfer of property can be made to himself and one or more other living person.

(1) If in the books of selling bank, the account was NPA for two years.

Option (2) is incorrect: Theft is dishonestly taking property from the possession of other person without the consent. In the above case, A has not taken any property by his act. Hence, it is not theft.
Option (3) is correct: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence.
Option (4) is incorrect: No criminal force has been used in the above case.

Option (1) is incorrect: Forgery is when a person makes any false documents or part of a document with intent to cause damage or injury to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed.
Option (2) is incorrect: Robbery is when a person commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person and by so putting in fear induces the person to deliver up the thing extorted.
Option (3) is correct: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits 'extortion'.
Option (4) is incorrect: Cheating is when a person by deceiving any person induces the person so deceived to deliver any property to any person, or is likely to cause damage or harm to that person in body, mind, reputation or property.

Option (1) is correct: Cruelty under Section 498A means (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman (b) harassment of the woman to coercing her to meet any unlawful demand for any property.
Option (3) is incorrect: It includes mental and physical torture and demand of dowry.
Option (4) is incorrect: It includes mental and physical torture and demand of dowry.

Option (3) is correct: Under Section 55 of the Indian Penal Code, in every case in which sentence of imprisonment for life shall have been passed, the appropriate government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

Option (1) is incorrect: Lurking house-trespass is whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Criminal misappropriation is whoever dishonestly misappropriates or converts to his own use any movable property.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Whoever attempts to commit an offence of theft or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be liable for attempt to commit theft.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: A person is said to commit 'house-breaking' who commits house-trespass if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Option (1) is incorrect: A is liable for abetting murder of C.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: A is liable for abetting murder of C.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A is not guilty of abetment by conspiracy.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: A person abets the doing of a thing who instigates any person to do that thing. Here, in the above facts, A is liable for abetting murder.

(2) Delivery of the cheque is foremost requirement. Delivery is also needed

Option (3) is correct: Scienti non fit injuria, which means that only knowledge of the risk is not enough to claim defence, there must be acceptance to undergo the results of the risk undertaken. There had to be consent and mere knowledge is not sufficient.

Option (1) is incorrect: A private action lies in public nuisance when the damage caused is direct, substantial and consequential.

(3) Emergency vehicles mean ambulance and fire service vehicles.

(3) Person holding a licence to drive a motorcar can drive motorcycle if the licence authorises him to do so specifically.

(4) Every appointment of district forum shall be made by the state government on the recommendation of a selection committee in which President of the state commission shall be a chairman, Secretary (law department of the state) shall be a member and Secretary (in charge of department dealing with consumer affair) shall be another member.

(1) As per the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988, an employer of any small establishment or very small establishment required to furnishes a Core Return in Form A.

(3) A sitting judge of High court will work as president in case absence of the president of state commission.

(3) Collective bargaining is a process in which working people, through their unions, negotiate contracts with employers to determine their terms of employment, including pay, health care, pensions and other benefits, hours, leave, job health and safety policies, ways to balance work and family and more. Employees jointly decide their priorities for bargaining.

(3) Labour Court have been set up under the provisions of Industrial Dispute Act, 1947 for adjudication of industrial disputes in an organization.

(2) At the time of establishment employing 100 persons or more are required to seek prior permission of Appropriate Government before effecting lay-off, retrenchment and closure.

(2) An unregistered trade union has no corporate existence.

(2) The philanthropic dimension of social responsibility refers to a business's societal contribution of time, money, and other resources.

(1) Stakeholders are considered more important to an organisation when they can make use of their power on the organisation.

(1) Administrative law refers to a body of law which is enforced by specialised administrative tribunals.

(4) The term "common law" refers to case laws, previous decided cases and law based on precedent.

(3) Award means an interim or a final determination of any industrial dispute is determined by Labour Court and Arbitrator.

(1) The term "stare decisis" refers to the precedent system of law behind the common law system.

When two or more persons hold one or more shares in a company jointly, then they will be treated as a single member.

Redeemable capital shares include finance obtained on the basis of any security or obligation not based on interest, other than an ordinary share of a company.

If an advertisment invites public for the subscription or purchase of any shares, it is called a prospectus. 

(4) The performance audit of environmental issues enables the entities to improve their performance, assist policy matters and legislators to rectify the omissions and shortfalls and contribute to good governance.

CD-ROM and floppy containing the names of members of a company and debenture holders are books and paper, books of accounts and registers.

(4) Performance audit of environmental issues include Identification of risks caused by pollution, existence or adequacy of environmental policies and laws and compliance with commitments, if entered into or legally obligated with international treaties.

(3) The success of audit of environmental issues would be possible only when the SAI does the evaluation of the performance entity and against authentic criteria.

(3) The mandate of SAI to undertake environmental audit is w.r.to the provision of the constitution and not the CAG’s DPC Act.

(3) Information contained on an Internet website can be the subject of a copyright infringement claim if duplicated without permission.

(4) The location of a contract which is electronically completed remains uncertain at present.

Organisations with operations that directly or indirectly affect the environment positively or negatively, those with powers to make or influence environment policy formulation and regulation and those with powers to monitor and control the environmental actions of the others are the type of organisations and institutions which are subject to environment audit. 

(4) An electronic document will be deemed received if the receiver has an information system which has been designated at the moment the document enters the information system and if the receiver does not have an information system at the time that the receiver becomes aware of the document.

(1) The Latin American concept of uti possidetis juris is related to succession to state property.

A data message is deemed dispatched at the place of its originator's business and deemed to be received at the place of business of the addressee.

(2) An electronic document is deemed to be sent when it leaves the sender's control.

(2) If the treaty is universally accepted by states

(2) Legal Ethics.

(4) A lawyer is named as Counsel de offico in case in which he is appointed by the court to represt a party, usually an indigent defendant.

(3) A general term referring to a person trained in the law and authorized to advise or represent others in legal matters is lawyer.

(3) Amicus curiae literally means friend of court.

Right of self-determination and inherent right to life are the rights that have been recognised under the International Covenant on Civil and Political Rights, 1966.

Upon violation of human rights by a state, the victim may petition only before UN Human Rights Commissioner.

(3) The machinery for the enforcement of human rights is most effective under the European Convention on Human Rights, 1950.

Only option 2 is correct as it contains the promise from the two parties and the essentials elements of a valid contract, which is legally enforceable.
Option 1 is incorrect as it contains the contract involving personal service and such contracts are not enforceable.
Option 3 is a promise and as such it is not a contract.
Option 4 is not correct as the contracts made by guardians on behalf of minors are not enforceable.

Option 3 is correct as the compensation may not be sometimes adequate relief and thus, the court can order for the specific performance only.
Option 1 is incorrect as inability to collect compensation is not a base for specific performance.
Option 2 is incorrect because it involves a void contract. The death of a defendant can make the contract void if the contract is of personal nature.

Option (1) is the correct answer. Anson gave the statement “Contract is not joke of leisure time”. Lord Atkin quoted ‘A mistake will not affect assent unless it is made by both parties.’ The others are not concerned with the above statement. 

Option (4) is correct as acceptance of proposal subject to conditions create counter offer and thus there is no contract.
Option (1) is incorrect. The voidable contact is the one, which is valid at the option of one of the parties but not at the option of the other party.
Option (3) is incorrect as the proposal accepted as such cannot be valid.

Option (1) is incorrect: A time barred debt cannot be claimed as a set off.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: A time barred debt cannot be claimed as a counter claim.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A time barred debt cannot be claimed as a fresh suit.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: A time barred debt can never claimed as a set off, a counter claim and a fresh suit.

Option (1) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: U/s 8 of Specific Relief Act, any person having the possession of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession in the both the above cases.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Option (3) is correct.<span style="font-family:" arial;="" font-size:="" small;="">
 

Option (1) is incorrect: Section 14 of the act deals with contracts not specifically enforceable.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 15 of the act deals with who may obtain specific performance.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 16 of the act deals with personal bars to relief.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 17 states that contract to sell or let property by one who has no title, is not specifically enforceable.

Option (1) is correct: Provisions of Section 3 have to be taken as provided.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: It is not based upon the discretion of the court.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: It is read as directory provisions not mandatory.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Provisions of Section 3 are not permissive.

Option (1) is incorrect: Section 28 of the Limitation Act, 1963 deals with amendment of certain Acts.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 29 of the Limitation Act, 1963 deals with savings clause.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 30 of the Limitation Act, 1963 deals with provision for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 31 of the Limitation Act, 1963 provides provision as to barred or pending suits, etc.