Bar Council Mock - 10

(2) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen percent per annum from the date of the award to the date of payment.

(3) An arbitral award can be set aside on the ground that the arbitral procedure was not in accordance with the agreement of the parties.

(4) No time limit has been prescribed.

(2)  Only in the court at Delhi, where the cause of action arises or defendant resides. As defendant also resides in Delhi.

Option (1) is incorrect: Confession made to a police officer, whether made voluntarily, is not deemed as made voluntarily. Hence, it is inadmissible.
Option (2) is correct: Confession made before a magistrate having competent jurisdiction is admissible in evidence.
Option (3) is incorrect: Confession made to a village sarpanch with request to save him from police is a confession made in lieu of promise. Hence, it is not made voluntarily and is inadmissible.
Option (4) is incorrect: Confession made to a police officer, if leads to discovery of facts, is admissible in evidence.

Option (1) is incorrect: Under Section 76 of the Indian Evidence Act, a secondary evidence can be given for public document in the form of certified copies.
Option (2) is incorrect: Under the Indian Evidence Act, a secondary evidence can be given by a person who has himself seen it, where the original has been destroyed.
Option (3) is correct: Where the original document in itself is inadmissible in evidence, secondary evidence cannot be admissible.
Option (4) is incorrect: When the original is not easily movable, a secondary evidence can be given in any manner under Section 63 of the Indian Evidence Act.

Option (1) is incorrect: Under the Indian Evidence Act, one attesting witness will always be required to be examined for the proof of a will.
Option (2) is incorrect: Under the Indian Evidence Act, whether will is registered or not, one attesting witness will always be required to be examined for the proof of a will.
Option (3) is correct: Under the Indian Evidence Act, whether it is admitted by the heir, at least one attesting witness will always be required to be examined for the proof of a will.
Option (4) is incorrect: Under the Indian Evidence Act, if no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting and that the signature of the person executing the document is in the handwriting of that person. 

Option (1) is incorrect: Section 113(A) of the Indian Evidence Act deals with abetment of suicide by a married woman.
Option (2) is incorrect: Section 114(B) of the Indian Evidence Act deals with presumption of existence of certain facts.
Option (3) is correct: Section 113(B) of the Indian Evidence Act deals with presumption as to dowry death.
Option (4) is incorrect: Section 114(A) of the Indian Evidence Act deals with presumption as to absence of consent in certain prosecutions for rape.

Option (1) is incorrect: Under Section 139 of the Indian Evidence Act, a person summoned to produce a document does not become a witness by the mere fact that he produces it unless and until he is called as a witness.

Option (2) is incorrect: Under Section 139 of the Indian Evidence Act, 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.

Option (3) is incorrect: Under Section 139 of the Indian Evidence Act, 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.

Option (4) is correct: Under Section 139 of the Indian Evidence Act, 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. 

Option (1) is incorrect: Under Section 8 of the Indian Evidence Act, if A would have made a complaint after being ravished, then it becomes relevant as a conduct.
Option (2) is incorrect: Under Section 8 of the Indian Evidence Act, it is not relevant as a substantive piece of evidence.
Option (3) is incorrect: Secondary evidence is always given as a proof of a document. It is not relevant.
Option (4) is correct: Here, A, without making a complaint said that she had been ravished. It may be relevant as a dying declaration under Section 32, clause (1) or as corroborative evidence under Section 157. 

Option (1) is incorrect: Whatever said by A or B or slanders is relevant as facts are the occasion of relevant facts.

(1) The propounder of “Pigeon-hole theory” is Salmond.

Articles 20 and 21 cannot be suspended.

Option (1) is incorrect: Under the Indian Evidence Act, harm is the consequence of defamation. It is not relevant in evidence.
Option (2) is incorrect: Under the Indian Evidence Act, facts in the given situation are not necessary to explain the fact in issue.
Option (3) is correct: Under the Indian Evidence Act, it is relevant because the facts are proving A’s intention to harm B’s reputation.

Option (1) is incorrect: The Cabinet cannot appoint the chairman and members of the UPSC.
Option (2) is incorrect: The Chief Justice of India cannot appoint the chairman and members of the UPSC.
Option (3) is incorrect: The Prime Minister of India cannot appoint the chairman and members of the UPSC.
Option (4) is correct: The chairman and members of the UPSC are appointed by the President of India.

(3) Ihering defined law as "the form of guarantee of the conditions of life of society, assured by the states' power of constraint".

(1) 'Limits of Jurisprudence Defined’ is written by Jeremy Bentham.

Option (1) is incorrect: Supreme court doesn’t try cases of its original, advisory and appellant jurisdiction.
Option (2) is correct: The Court having jurisdiction to try an election petition shall be the High Court
Option (3) is incorrect: District court doesn’t have such jurisdiction under the provisions of law.
Option (4) is incorrect: Election Tribunal doesn’t have such jurisdiction under the provisions of law.

Francis Coralie Vs. Union of Territory of Delhi

The Finance Commission constituted under Article 280 of the Constitution, which is mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves.

Option (1) is incorrect: Shall not be stayed

Option (1) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred.
Option (2) is correct: An aggrieved person cannot apply for a review of an order or judgement of a Civil Court by a decree or order is passed in the absence of the aggrieved person.

Option (1) is incorrect: In case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (1) is incorrect: The court shall not dismiss the whole suit.

Option (1) is incorrect: He is appointed by the original agent of the business.
Option (2) is correct: Subagent is an agent of original agent in the business of agency.
Option (3) is incorrect: He acts under the control of original agent.
Option (4) is incorrect: The agent is fully responsible to the principal for the acts of subagent.

Option (1) is incorrect: An offer is always by one party to another.
Option (2) is correct: Tender means a type of quotation offering lowest price for supply of some goods or services or job works. It is an invitation to offer.
Option (3) is incorrect: It is not a counter-offer. 
Option (4) is incorrect: An offer when accepted becomes a promise.

Option (1) is incorrect: The agreement is completely void for uncertainty of kind of oil.
Option (2) is correct: The agreement is void for uncertainty of kind of oil.
Option (3) is incorrect: The agreement is not enforceable in the court of law.

Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility.
Option (2) is incorrect: A contract stands frustrated by imposition of government restriction.
Option (3) is incorrect: A contract stands frustrated by destruction of subject matter.
Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.

(3) Certification of breach is enough in terms of bank guarantee.

(3) All government contracts made in exercise of the executive power of the union shall be expressed to be made by the President under Article 299 of the Constitution of India.

(1) A complaint against an offence under Section 138 of the Negotiable Instrument Act, 1881 must be in writing.

(2) Legal term for an original or any subsequent holder of a negotiable instrument who has accepted it in good-faith and has exchanged something valuable for it, i.e holder for value.

Option (2) is correct: A is guilty of abetment of murder under Section 106. B is not guilty of any offence.

Option (2) is correct: Culpable homicide is murder if it is done with the intention of causing such bodily injury as the offender knows that it is likely to cause the death of the person to whom the harm is caused.

Option (1) is correct: A is guilty of murder under Section 302, although he may not have had a premeditated design to kill any particular individual.

Option (1) 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 (3) is correct: Exception under Section 499 states 'It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good'.  Here, if the imputation is made in good faith, and for the public good, then A is within the exception.

Under Hindu Marriage Act, desertion means abandonment of one spouse by the other without the other's consent and reasonable cause."Condonation" applies only to the act of desertion under Hindu Marriage Act, 1955.

Option (2) is correct: Section 511 states that whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Both consent and breakdown theories

Option (1) is correct: Private defence is a valid defence to an action for nuisance that the said nuisance is under the terms of grant.

(3) The number of members of state consumer protection council should not exceed ten.

Option (1) is correct: Malice in law means act done with ill-will against a person.

(2) The chairman of the district consumer protection council is the collector of the district.

(3) Driver driving a vehicle in a public place without a licence is liable for issue of warning notice.

(3) When you approach a barrier, it is caution to stop the vehicle.

(1) The term "same work or work of a similar nature” is mentioned in the Equal Remuneration Act, 1976.

(2) Provision for nursing break to woman employees is laid down under Maternity Benefit Act, 1961.

(3) Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/ contractor in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.

(2) Unfair labour practices mean any of the practices specified in the Fifth Schedule of the Industrial Disputes Act.

(1) An accounting tool that looks at the impact on people, planet and profits is called triple bottom line.

(4) In General Manager, Haryana Roadways v. Rudhan Singh, 2005, Court observed that there is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the termination of service was in violation of Section 25-F of the Act, entire back wages should be awarded.

(2) Alternative organisations run differently from conventional shareholder led approach to are run in non-hierarchical ways which aim to provide a positive impact on society rather than to make profit.

(4) A work stoppage means the concerted refusal of employees to perform work that their employer has assigned to them in order to force the employer to grant certain demanded concessions, such as increased wages or improved employment conditions. But right to strike is not a fundamental right.

(3) If a company was incorporated before 1984, then it is an existing company.

No, because Congress still passes legislation restricting agency spending and limiting their authority to make rules on certain subjects.

The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.

No, because section 53 is silent on the question of ex parte contracts.

(1) Company limited by shares means a company having the liability of its members limited to the amount, if any, unpaid on the shares respectively held by them.

(3) Debentures are debt securities and equity securities both.

(2) Any person occupying the position of a director is a director of company.

(3) The EPA contains 26 sections.

(1) Non-Governmental Organisation

 Women population in the world is almost half.

(4) Litrate women can help in reducing infant mortality rate, population growth, and in promoting female children education.

(2) Meeting of the needs of the present without compromising the ability of future generations to meet their own needs is called sustainable development.

(1) Programs that multiply like viruses, but spread from computer to computer are called worms.

(1) According to a report on crimes in India in 2011 published by the National Crime Records Bureau, the largest number of cyber crimes were registered in Maharashtra.

(1) Process of transforming plain text to unreadable scrambled text is encryption.

(3) Click fraud is a type of cyber crime that occurs in pay per click online advertising when a person, automated script or computer program imitates a legitimate user of a web browser by clicking on an ad for the purpose of generating a charge per click without having actual interest in the target of the ad’s link.

(3) A law declaring illegal a transaction between two foreigners concluded to be performed in their respective countries is illegal under International Law.

(3) International Law is a weak legal system of jurisprudence, but it can be enforced through proper mechanism.

(1) State A has the jurisdiction to try the diplomat.

Option (4) is correct: There must be a fiduciary relationship between the persons for the application of concept of vicarious liability. No such relation is there between parents and children.

(1) International Law does not recognise a unilateral right of humanitarian intervention by a state against another state which has committed violations of human rights except in self-defence.

(1) General Assembly resolutions may sometimes have normative value and its resolutions constitue opinio juris.

(2) Impeachment proceedings against Supreme Court are not penal in nature. Imeachment is in the hands of Supreme Court.

(1) The temporary witholding of a lawyer's right to practise his profession as a lawyer for a certain period or for an indefinite peiod of time is called suspension.

(2) A fee payable not to the lawyer but to the client, unless there is an agreement that the award shall pertain to the lawyer as an additional compensation, is an exraordinary fee.

(2) It is an indirect contempt of court.

Option (1) is incorrect: Section 395 of the CrPC provides reference to the High Court.
Option (2) is correct: Section 401 of the CrPC provides the High Court's powers of revision.
Option (3) is incorrect: Section 399 of the CrPC deals with Sessions Judge's powers of revision.
Option (3) is incorrect: Section 396 of the CrPC states disposal of a case according to the decision of the High Court.

Option (1) is incorrect: Section 40 of the CrPC deals with duty of officers employed in connection with the affairs of a village to make certain report.
Option (2) is correct: Section 2(n) of the CrPC defines the term 'offence'.
Option (3) is incorrect: Section 2(w) of the CrPC defines 'summons case'.

Option (1) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Option (1) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (2) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (3) is correct: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation.
Option (4) is incorrect: Section 164 of the Code of Criminal Procedure deals with both confessions and statements made during the course of investigation. 

Before being summoned, the accused has got a right to participate in the proceeding.

Option (1) is correct: Offences against other laws (except IPC), if punishable with imprisonment for 3 years or more, but not more than 7 years, are deemed as cognizable and non-bailable.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision

Option (1) is incorrect: Executive Magistrate cannot give distribute business among the Subordinate Judicial Magistrates.

Option (1) is incorrect: Wife who has her own source of income cannot claim maintenance under Section 125 of the CrPC.
Option (2) is correct: Under Section 125(1)(b), a legitimate or illegitimate minor child, whether married or not, and unable to maintain himself/herself, can claim maintenance.
Option (3) is incorrect: Stepson or daughter cannot claim maintenance under Section 125 of the CrPC.
Option (4) is incorrect: Brother and sister cannot claim maintenance under Section 125 of the CrPC.

Option (1) is correct: Under Section 262 of the CrPC, no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial.
Option (2) is incorrect: No such provision.
Option (3) is incorrect: No such provision.
Option (4) is incorrect: No such provision.

Section 52 - Transfer of property pending suit relating thereto: During the pendency in any court having authority within the limits of India (excluding the State of Jammu and Kashmir Government or established beyond such limits) by the Central Government of any suit or proceedings, which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding. Thus it is true and option (2) is correct.

The maxim of ‘No consideration, no contract’ is not applicable for gift. The other conditions are required. Thus (2) is the correct option as consideration is not required.

Since the fixed period for lease has been over, so the lessee will be called tenant of holding over. He is no more the licensee as the period of lease has been over. Tenant of sufferance means the lease period has not been over but the owner is demanding to vacate the lease.

Section 105 contains the provision of lease.
Section 100 contains the provisions of charges.
Section 54 contains the provisions of sale.
Thus, (3) is the correct option. 

Option (1) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 32 of the Act states that where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 40 of the Act states about injunction to perform negative agreement.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction.

Option (3) is correct: Specific performance of contract is allowed where compensation is not the adequate relief.

Option (1) is correct: Section 18 of Specific Relief Act deals with non-enforcement except with variation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 19 of Specific Relief Act deals with relief against parties and persons claiming under them by subsequent title.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 20 of Specific Relief Act provides discretion as to decreeing specific performance.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases.

Option (1) is incorrect: No such provision
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Under A<span style="font-family:" arial;="" font-size:="" small;="">rticle 54 of Limitation Act, the specific performance of a contract shall be sought within 3 years from the date fixed for the performance.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: No such provision
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: No such provision

Option (1) is incorrect: No such provision
Option (2) is correct: Under Article 5 of Limitation Act, the period of limitation for an account and a share of profits of a dissolved partnership is 3 years.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision