Bar Council Mock - 9

Option (1) is incorrect: Dower can be prompt or deferred.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Dower can be prompt or deferred.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Dower can be prompt or deferred.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Dower can be prompt or deferred.

(4) All are correct in relation to the acts of conciliator in conciliation proceedings.

(3) This is an institutional arbitration.

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

(3) An arbitration agreement providing for arbitration of four arbitrators is, under the Arbitration and Conciliation Act, 1996, to be construed as an agreement for arbitration by three arbitrators.

Option (1) is incorrect: A confession, whether it is judicial or extrajudicial, made under a threat is not admissible in evidence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: If it is made with fear of assault or is of involuntarily nature, then it is inadmissible.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A confession made involuntarily can never be used as a supporting evidence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Partly is of no criteria.

(4) Section 23 deals with civil cases; “Admission in civil cases relevant".

Option (1) is incorrect: The court cannot dictate the question to the advocate under any provision of law.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: The court is under no authority to hear the question.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: If the court is of the opinion that any such question was asked by any barrister, pleader, vakil or attorney without reasonable grounds, then the court may report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: The court is under no authority to give permission and to hear the question.

Option (1) is incorrect: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (2) is correct: Under Section 31 of the Indian Evidence Act, admissions are not conclusive proof of the matters admitted, but they may operate as estoppels.
Option (3) is incorrect: Admissions are not always relevant.

(4) Indian Evidence Act applies to an inquiry to determine a jural relation between persons.

(1) After section 22, the following section shall be inserted, namely “When oral admission as to contents of electronic records are relevant under section 22A".

Option (1) is incorrect: Under Section 145 of the Indian Evidence Act, a witness may be cross-examined as to previous statements made by him in writing without such writing being shown to him or being proved.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 143 of the Indian Evidence Act states that leading questions may be asked in cross-examination.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: A person summoned to produce a document cannot be cross-examined even with the permission of the court unless and until he is called as a witness.

(3) Possession was said to be ownership on the defensive by Ihering.

(4) Admission cannot be proved against the representative in interest of the maker.

The advisory opinion tendered by the Supreme Court is not binding on the President.

(3) Realist theory of law emphasises on social criterion of validity of law.

Option (1) is incorrect: The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission, by the President.
Option (2) is incorrect: The Chairman of Union Public Service Commission shall be appointed by the President without consultation of the Governor.
Option (3) is correct: The Chairman and other members of a Public Service Commission shall be appointed, in the case of the State Commission, by the Governor of the State.
Option (4) is incorrect: The Chairman of Union Public Service Commission shall be appointed by the President without consultation of the Governor.

CrPC includes a provision that in a First Information Report, if an offence is cognizable and another is non-cognizable, then the whole case shall be deemed to be cognizable.

(2) Four sets of various Hohfeldian jural relations are duty/liberty, right/no-right, liability/immunity and power/disability.

Option (1) is incorrect: No such provision under Thirty-second Constitutional Amendment.
Option (2) is correct: In Thirty-sixth Constitutional Amendment, Sikkim was included as a full-fledged State of the Indian Territory.
Option (3) is incorrect: No such provision under Forty-fourth Constitutional Amendment.
Option (4) is incorrect: No such provision under Forty-second Constitutional Amendment.

(3) Under section 211(6) of the Code of Criminal Procedure, a charge shall be written in the language of the court.

Option (1) is incorrect: The words were not added by the Forty-fourth Amendment of the Constitution.
Option (2) is correct: The words ‘Socialist Secular’ have been inserted in the preamble by the Forty-second Amendment of the Constitution.
Option (3) is incorrect: The words were not added by the Forty-first Amendment of the Constitution.
Option (4) is incorrect: The words were not added by the Fortieth Amendment of the Constitution. 

The State Government shall establish a Court of Session for every session division.
It does not require consulting the High Court.

Option (1) is incorrect: Economic and Social Council is one of the principal organs of the United Nations.
Option (2) is incorrect: Trusteeship Council is one of the principal organs of the United Nations.
Option (3) is correct: International Labour Organisation is not one of the principal organs of the United Nations.
Option (4) is incorrect: International Court of Justice is one of the principal organs of the United Nations.

(1) Under Section 449 of the Code of Criminal Procedure, 1973, an order passed by a magistrate under Section 446 is appealable to the Session Judge.

The provisions of the Code of Criminal Procedure, 1973 extends to the whole of India, except the State of Jammu and Kashmir.  
Provided that, the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply to the State of Nagaland. 

(1) Section 366 of the Code of Criminal Procedure, 1973 provides that when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court and the sentence shall not be executed unless it is confirmed by the High Court.

(2) A Magistrate of First Class can try all offences not punishable with death.

(1) If a person against whom an order under Section 133 of the Code of Criminal Procedure, 1973 is made, appears and show cause against the order, then the magistrate shall take evidence in the matter as in a summon case.

Slender is the correct usage.

For an offence of cheating, intention to cheat should be present from the very beginning.

(2) Criminal Law (Amendment) Act, 2013 came into effect on 3^rd February, 2013.

(3) While recording confession under Section 164 of the Code of Criminal Procedure, 1973, the presence of advocate of the accused is not an essential requirement.

No confirmation of sale is required in the present case.

Where accused is on bail and imprisonment is not exceeding 3 years, a trial court can release an accused on bail under Section 389(3) of the CrPC after conviction.

Section 5 of the Limitation Act,1963 provides that an appeal or an application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 may be admitted after a prescribed period.

Option (1) is correct: A counter-offer is an offer given in response to an offer.
Option (2) is incorrect: It is not a rejection of the original offer.
Option (3) is incorrect: It is not the same as tthe original offer.

Option (1) is incorrect: It is not a valid contract.
Option (2) is correct: The contract is voidable at the option of the party whose consent was so caused.
Option (3) is incorrect: It is not void, but voidable at the option of the party whose consent was so caused.
Option (4) is incorrect: It is not illegal, but voidable at the option of the party whose consent was so caused.

Option (1) is incorrect: An agreement not enforceable by law is not voidable.
Option (2) is correct: An agreement not enforceable by law is said to be void.
Option (3) is incorrect: An agreement not enforceable by law is not illegal, but void.

Option (1) is incorrect: Agreement is without consideration.
Option (2) is incorrect: Promise is against the public policy or provisions of law.
Option (3) is incorrect: Agreement is void as to uncertainty.
Option (4) is correct: It is a valid agreement.

(3) Duties of a principal does not include a duty to pay all of the agent's expenses.

(4) The returning memo is enclosed to comply with the RBI Clearing House rules.

(4) Duties of an agent include all of the above mentioned duties.

(1) Section 18 of the Negotiable Instrument Act states provisions that if the amount undertaken or ordered to be paid is stated differently in figures and in words, then the amount stated in words shall be the amount undertaken or ordered to be paid.

Option (1) is correct: Ignorance of law can never be an excuse in the proceedings of the court.

Option (2) is correct: Under Section 359 of the Indian Penal Code, kidnapping is of two types: kidnapping from India and kidnapping from lawful guardianship.

Option (2) is correct: Under Section 320 of the Indian Penal Code, any hurt which endangers life or which causes the sufferer to be, during the space of twenty days, in severe bodily pain or unable to follow his ordinary pursuits is 'grievous'.

Option (1) is correct: Under Section 398 of the IPC, if, at the time of dacoity, the offender is armed with any deadly weapon, then the imprisonment with which such offender shall be punished shall not be less than seven years.

Option (1) is correct: Under Section 391 of the Indian Penal Code, when five or more persons conjointly commit or attempt to commit a robbery, every person so committing is said to commit 'dacoity'.

A Hindu widow could be divested of her property inherited by her from her husband if she becomes unchaste. 

Option (1) is incorrect: A man is said to commit rape who has sexual intercourse with a woman with or without her consent, when she is under sixteen years of age.
Option (2) is incorrect: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Option (3) is incorrect: Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Option (4) is correct: Death penalty is never awarded under the offence of rape.

(4) Any person aggrieved by an order made by the district forum may prefer an appeal such order to the State commission within 30 days.

Option (1) is incorrect: Absolute liability is a standard of legal liability.
Option (2) is incorrect: Tortuous liability arises from the breach of a duty primarily fixed by law.
Option (3) is correct: The liability of a master for acts of his servant in law of torts is called vicarious liability.

(4) A member is disqualified if he has been convicted and sentenced to imprisonment for an offence, which in the opinion of the state government, involves moral turpitude or is an undercharged insolvent or is of unsound mind.

(2) When the Motor Vehicle Inspector demands any information, it is obligatory to furnish it.

(2) The registration mark should be illuminated by white light.

Option (1) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.
Option (2) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.
Option (3) is incorrect: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.
Option (4) is correct: Defence of 'volenti non fit injuria' is available if the consent is obtained by compulsion, fraud and under a mistake.
 

(3) The minimum number of members required for the registration of a trade union is seven.

(2) Under Section 2A of the Industrial Disputes Act, an individual dispute is deemed to be industrial dispute.

(1) Section 26 of the Industrial Dispute Act prescribes penalty imposed on any workman who continues or otherwise acts in furtherance of a strike, which is illegal under this Act. Constitution of India has not mentioned right to strike as a fundamental right.

(1) The employer is required to send a report to the Commissioner for workmen’s compensation within 7 days of the death or serious injury of the workman.

Section 2 (oo) of the Industrial Disputes Act, 1947 defines retrenchment as the termination by the employer of the service of a workman for any reason whatsoever.

(2) As per the Schedule to the Child Labour (Prohibition and Regulation) Act, 1986, paper making is a process.

(3) Ethical conduct and human rights and employee relations are the terms relating to corporate social responsibility.

(2) The primary objective of a business organisation is to make a profit.

A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada and 50% of the country's population.

Certificate of incorporation is the conclusive evidence in case of a company that statutory requirements have compiled with.

Charter Rights may be overridden in limited circumstances where the government wishes to pass a law, which conflicts with the Charter using the 'notwithstanding' clause, rights of an individual could be exercised to the detriment of the general public and limitation is justified in a free and democratic society.

Immediately after the issue of certificate of commencement of business, a private company can start its business.

A company can change its name at its own descretion by passing a special resolution.

(1) The Charter of Rights and Freedoms contains a 'notwithstanding' clause, i.e. to pass a law which conflicts with the Charter without amendment of the Constitution, which automatically expires after 5 years.

Private company limits the number of its members to 50.

(4) The objective of CBD is to ensure conservation of biological diversity, sustainable use and promotion of benefits utilised from genetic sources.

(3) Central and state pollution control boards have been established by the Water (Prevention and Control of Pollution) Act, 1974.

(3) The Air (Pollution and control of Pollution) Act, 1981 has been enacted in line with the objectives of Stockholm conference, 1972.

(3) Adjudication by the National Green Tribunal is final and no appeal is allowed.

(4) A clickwrap agreement is the clickbox of "I agree" and can constitute a valid acceptance.

(2) Environmental audit is the criteria based on local and national standards, but not on global standards.

(4) Cybersquatting involves registering a domain name to extort their later sale and is prohibited by the US law.

(2) E-commerce mainly developes from the Personal Information Protection and Electronic Documents Act.

(4) Documents which are not covered by the Personal Information Protection and Electronic Documents Act are wills and codicils, power of attorneys and negotiable instruments.

(2) In the 1996 advisory opinion of the legality of the threat or use of nuclear weapons in armed conflict, the International Court of Justice held that the threat or use of nuclear weapons is illegal under any circumstances.

(2) The Personal Information Protection and Electronic Documents Act relates to the collection of information on individuals for commercial activities.

The right of self-defence can be invoked by a state when it is attacked by the armed forces of another state and it has evidence of the effect that another state aids, recruits, trains and sends terrorists and mercenaries on a significant scale across the border into the territory of the former.

(4) The Security Council is one of the UN organs that can take enforcement action in case of a threat to peace or breach of peace.

(3) The International Court of Justice exercises its contentious jurisdiction if the UN General Assembly requests an advisory opinion of the dispute.

(2) City councilor is not restricted in the practice of law.

Somalia and Yugoslavia are the member states of the UN that have been expelled under Article 6 of the UN Charter.

(4) A lawyer's first duty is to the court.

(2) The power of admission to the practice of law by the Supreme Court is a constitutional power.

(4) Mandamus is a kind of writ and not available against an unauthorised practice of law.

Option (1) is incorrect: Section 6 of the Specific Relief Act deals with suit by persons dispossessed of immovable property.
Option (2) is incorrect: Section 11 of the Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable.
Option (3) is correct: This relief is available in the Specific Relief Act under Section 9.
Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Option (1) is incorrect: Section 12 of the Specific Relief Act deals with specific performance of a part of contract.
Option (2) is correct: Section 19 of the Specific Relief Act talks about relief against parties and persons claiming under them by subsequent title.
Option (3) is incorrect: Section 18 of the Specific Relief Act deals with non-enforcement, except with variation.
Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Option (1) is incorrect: It is one of the essential conditions.
Option (2) is incorrect: It is one of the essential conditions.
Option (3) is incorrect: It is one of the essential conditions.
Option (4) is correct: All are the essential conditions under Section 31 of the Specific Relief Act.

Option (1) is incorrect: No such provision
Option (2) is correct: Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water or any other easement, which have been peaceably enjoyed without interruption for 30 years shall be absolute and indefeasible if the property belongs to the government.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: Law of limitation doesn’t provide procedure to be followed by the court.
Option (2) is correct: Law of limitation provides rights; so it is a substantive law.
Option (3) is incorrect: Only substantive law
Option (4) is incorrect: Option (2) is correct.