Bar Council of India Mock Examination - Comprehensive Legal Topics

Hearsay evidence is that which has been derived by other person. In case of hearsay evidence, the person giving evidence does not take the responsibility of its veracity.
Newspaper report about any matter is hearsay evidence. 

As the contract is void, the arbitration clause is also void. Arbitration clause would not operate.

A disputed handwriting can be proved by any of the given cases; depends on the court's discretion.

In relation to a court question, the adverse party can cross-examine only with the permission of the court. 

(3) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(1) In case of repudiation, frustration and breach of contract, performance of contract comes to an end and arbitration clause does not operate.

(4) Jurisdiction cannot be objected as a separate agreement can be made for arbitration.

In general, the evidence of a witness is given orally and this means oral evidence.
The documents including records produced for the inspection of the court are called documentary evidence.
So, evidence may be both ocular evidence and documentary evidence and admissible in the court of law. 

The main objective of the fundamental rights is to ensure individual liberty.

Option (1) is incorrect: No such provision.
Option (2) is incorrect: No such provision.
Option (3) is incorrect: No such provision.
Option (4) is correct: When the question is whether a man is alive or dead and it is proved that he has not been heard of for seven years by those who would naturally have heard of him, if he had been alive, it is presumed to be a civil death.

Option (1) is incorrect: Under Section 3 of the Indian Evidence Act, 'fact' means and includes any thing, state of things or relation of things, capable of being perceived by the senses; any mental condition of which any person is conscious.

Option (2) is correct: Under Section 3 of the Indian Evidence Act, 'court' includes all judges and magistrates and all persons, except arbitrators.

Option (3) is incorrect: Under Section 3 of the Indian Evidence Act, 'documents' mean any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used, for the purpose of recording that matter.

Option (4) is incorrect: Under Section 3 of the Indian Evidence Act, a fact is said not to be proved when it is neither proved nor disproved.

A secular state means equal treatment of all the religions by the state.

Judicial review is a doctrine under which legislative and executive actions are reviewed by the judiciary.

Option (1) is incorrect: Section 145 of the Indian Evidence Act deals with cross-examination as to previous statements in writing.
Option (2) is correct: Section 159 of the Indian Evidence Act deals with refreshing memory.
Option (3) is incorrect: Section 165 of the Indian Evidence Act deals with judge’s power to put questions or order production.
Option (4) is incorrect: Section 157 of the Indian Evidence Act deals with former statements of witness that may be proved to corroborate later testimony as to the same fact.

(1) The terms monism and dualism are used to describe two different theories of the relationship between international law and national law.

Option (4) is correct: The retirement age of a judge of the Supreme Court of India is 65 years.

(2) 'Natural law' theories may be broadly divided into Ancient theories, Medieval theories, Renaissance theories and Modern theories.

According to fundamental rights to Constitutional remedies, a person can move to Supreme Court in case of violation of their fundamental rights.

(1) Hans Kelsen coined the term ‘legal theory’. 

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also.
Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree.
Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also.
Option (4) is incorrect: No such provision.

Option (1) is incorrect: The court shall not determine whether the decree is obtained by fraud or not.
Option (2) is correct: The question shall be determined by the court whether any person is or is not the representative of a party.
Option (3) is incorrect: The court shall not determine whether the decree is obtained by collusion or not.

Option (1) is incorrect: Res judicata applies to suits and all other issues.
Option (2) is incorrect: Res judicata applies to suits and all other issues.
Option (3) is incorrect: Res judicata doesn’t apply to arbitration proceedings.
Option (4) is correct: The starting words of Section 11 of the Code of Civil Procedure states that no court shall try any suit or issue, which means that it includes suits and all other issues, including executing proceedings also.

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Option (2) is incorrect: After the rejection, plaintiff can present a fresh suit.
Option (3) is incorrect: Plaintiff doesn’t require the leave of the High Court.

Option (1) is incorrect: It is not a void contract.
Option (2) is incorrect: It is voidable only at the option of B.
Option (3) is correct: If B doesn’t want to perform the contract, he can declare it to be void from the court.
Option (4) is incorrect: It is not an illegal contract.

Option (1) is incorrect: Cannot determine case finally
Option (2) is incorrect: Cannot remand case
Option (3) is correct: An appellate court cannot take additional evidence.
Option (4) is incorrect: Cannot frame and refer for trial

Option (1) is incorrect: It is a quasi contract.
Option (2) is incorrect: It is a quasi contract.
Option (3) is incorrect: It is a quasi contract.
Option (4) is correct: Novation is the substitution of a new contract in place of an old one. It is not a quasi contract.

Option (1) is correct: When the person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.
Option (2) is incorrect: Every promise as well as every set of promises, forming the consideration for each other, is an agreement.
Option (3) is incorrect: An agreement enforceable by law is a contract.
Option (4) is incorrect: A consideration is something of value given by both the parties to a contract that induces them to enter into the agreement to exchange mutual performances.

A residential building can be converted into a non-residential property after taking permission from the Prescribed Authority.

Option (1) is incorrect: Void from the beginning
Option (2) is correct: Under Section 11 of the Indian Contract Act, 1872, every person is competent to contract who is of the age of majority. A contract with a minor is void ab initio.
Option (3) is incorrect: It is not a voidable contract.
Option (4) is incorrect: It is not a voidable contract at the option of either party.

Option (3) is correct. If a tenant has been guilty of misconduct or nuisance to neighbourhood or has done such act as may impair the value of the building or unable to occupy the building within a said period, then these can be the ground for such notice.

The name and address of a tenant is not required. Thus, (1) is the correct option. Other particulars are required.

(1) Hiring and storing goods in a bank's locker by itself is not bailment though there is delivery of goods to the bank premises. The goods are in no way entrusted to the bank.

(C) Only movable property can be the subject matter of pledge.

Option (1) is correct: Mere words do not amount to an assault.

Option (2) is correct. If a owner needs to carry out building work for govenment purposes or to carry repair or re-building work, then he can take steps for eviction of property.

(2) The Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 inserted in the Negotiable Instruments Act, 1881, a new Chapter XVII, comprising Sections 138 to 142 with effect from 1^st April, 1989.

Option (1) is incorrect: Under the offence of rape, consent is immaterial if she is under 16 years of age.

(1) Chapter XVII contain Sections 138 to 142.

Option (1) is correct: In law, tortous liability arises from the breach of duty primarily fixed by the law.

Option (1) is correct: Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished under Section 369 of the IPC.

Option (1) is incorrect: Whoever takes dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

(1) Overloading of any kind is prohibited by law.

A person cannot be adopted if he or she has not completed the age of fifteen years.

Option (4) is correct: In law of tort, a person should be called upon to pay for damage caused by his fault.

Option (2) is correct: Section 399 states whoever makes, any preparation for committing dacoity, shall liable to be punished.

(3) Vehicle with left hand controls can be used in India with a signaling device.

(4) Complainant under consumer protection act means consumer, any voluntary consumer association registered under the Companies Act, 1956 and central government or any state government.

(4) Complaint under section 2(c) of Consumer Protection Act means allegation in writing made by a complainant that an unfair trade practice or restrictive trade practice has been adapted by any traders or service provider, the goods bought by him or agreed to be bought by him suffer from one or more defect and a traders or the service provider as the case may be has charged for the goods or for the services mentioned in the complaint a price in excess of the price.

He can challenge this transaction on the ground of not taking permission from the court.

(3) The present wage ceiling per month for the purpose of the Payment of Wages Act, 1936 is Rs. 18,000

(1) As per Payment of Wages Act, 1936, in railway factory or industrial or other establishment upon or in which less than one thousand persons are employed, wages shall be paid before the expiry of the seventh day of the month.

Option (1) is incorrect: It is not an offence of attempt to murder.

(2) A lockout is generally used to enforce terms of employment upon a group of employees during a dispute. A lockout can act to force unionized workers to accept changed conditions such as lower wages.

(4) A socially responsible mutual fund will only purchase stocks in companies that have good social performance.

(4) The Employees’ State Insurance Act, 1948 protects the interest of workers in contingencies like sickness, maternity, temporary or permanent physical disablement and death due to employment injury resulting in loss of wages or earning capacity.

(1) Whistle blowers are those individuals who call attention to possible wrongdoing within their organizations which are the subjects of much controversy.

Lay off means to discontinue work or activity to dismiss/discharge temporarily. Lay off does not confer any power on the management to lay-off.
Financial stringency can never be a ground for lay off held by Supreme Court.
Reason doesn't constitute correct explanation for assertion. 

(1) The hearing process in administrative tribunals is similar to that of an informal court.

Lockout is the corresponding weapon in the armoury of the employer. In the case of lockout, it is only the place of business which is closed and not the business itself. In lockout employer shuts down his place of business as a means of reprisal.  Lock-out does not include discharge.

(4) Provincial agencies that have been created to implement broad government policies include Human Rights Commissions, Workers' Compensation Boards and Securities Commission.

(2) Transfer of shares in case of private company is restricted.

(4) “Association not for profits” are exempted to add “Ltd” or “Pvt Ltd” at the end of their name.

Article of association is one of the important documents. Article of association contains the rules that govern the management of the internal affairs of a company.

(1) The Wildlife Protection Act contains 66 sections.

Every person holding equity share capital of the company and whose name is entered as a beneficial owner in the records of the depository shall be deemed to be a member of the concerned company.

(1) The Water act lays 64 sections.

(2) SEO means Search Engine Optimisation.

(2) CAPTCHA is a type of challenge-response test used in computing as an attempt to ensure that the response is generated by a human being. The process usually involves a computer asking a user to complete a simple test which the computer is able to grade.

(4)  a person who attracts users to spam related websites by loading hidden copies of popular keywords is called spamdexter.

(1) De jure means legal and c/c facto means factual.

(2) “Succession of Government” means change of internal sovereignty through constitutional revolutionary processes.

A state has a right to decide whether or not to become a party to multilateral treaty and if it decides to become a party, it may do so with or without reservations provided that its reservations are compatible with the objects and purposes. 

(2) The International Court of Justice in the Right of Passage over India Territory Case, 1960 dealt with the customary right relating to territory.

(1) The Secretary General of the U.N. is appointed by the General Assembly on the recommendation of the Security Council.

(4) The contingency or certainty of compensation does not formpart of the basis of applying the principle of quantum meruit or “as much as he deserves”

(3) Habituality is not included in the criteria for determining whether a person is engaged in the practice of law.

(1) Lawyers who are members of the Provincial Board cannot practice law.

Listing in the law list is an exception to the general rule.

(4) The Water Act contains 8 chapters.

(1) The famous personality Ankit Fadia is associated with ethical hacking.

(1) Sending numerous duplicate mails to the same email address is called email bombing.

(3) Governments regulate professions by passing an act to create an entity to control the profession.

(2) The Water Prevention and Control of Pollution Act was enacted in the year 1974.

(1) The Wildlife Protection Act contains 7 chapters.

Option (1) is incorrect: It is in the case of a cognisable offence.
Option (2) is correct: Under Section 2(l), a non-cognisable offence means a police officer has no authority to arrest without a warrant.
Option (3) is incorrect: No such provision is there in the CrPC.
Option (4) is incorrect: The Indian Penal Code has prescribed a list of cognisable and non-cognisable offences. It is not the discretion of a police officer. 

Option (1) is incorrect: Section 207 deals with supply to the accused, a copy of police report and other documents.
Option (2) is correct: Section 206 deals with special summons in cases of petty offences.
Option (3) is incorrect: Section 210 deals with the procedure to be followed when there is a complaint case and police investigation in respect of the same offences.

Option (1) is incorrect: Either compoundable or not.

Option (1) is incorrect: Under Section 125 of the CrPC, a divorced wife and can claim maintenance.
Option (2) is incorrect: If a wife is unable to maintain herself, she can claim maintenance under Section 125.
Option (3) is incorrect: If a wife refused to live with her husband on the ground that he keeps a mistress, she can claim maintenance under Section 125.
Option (4) is correct: Under Section 125(5) of the CrPC, no wife shall be entitled to receive an allowance for the maintenance from her husband under this Section if she is living in adultery.

Option (1) is incorrect: Information under Section 154 of the CrPC can be given orally or in writing.
Option (2) is incorrect: Under Section 154, an officer under the direction of an officer in charge of a police station reduced into writing all the information given by the informant in relation to the commission of a cognizable offence.
Option (3) is incorrect: Information given by the informant shall be signed by him as provided under Section 154 of the CrPC.
Option (4) is correct: A copy of information shall be given free of cost to the informant as provided under Section 154 of the Code of Criminal Procedure.

Option (1) is incorrect: A District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons to be appointed as the Public Prosecutor for the district.
Option (2) is incorrect: The High Court doesn’t prepare a panel of names of persons who are fit to be appointed as the Public Prosecutor for a district.
Option (3) is correct: Under Section 24(4) of the Code of Criminal Procedure, a District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion, fit to be appointed as the Public Prosecutor for the district.
Option (4) is incorrect: The Superintendent of Police has no authority to prepare a panel of names of to be appointed as the Public Prosecutor for a district.

Option (1) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.
Option (2) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.
Option (3) is correct: Under Section 57 of the Code of Criminal Procedure, no police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours, exclusive of the time necessary for the journey from the place of arrest to the magistrate's court.
Option (4) is incorrect: No police officer shall detain in custody a person arrested without warrant for a period longer than 24 hours.

Option (1) is incorrect: Minimum limitation period under the Code of Criminal Procedure 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 incorrect: 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.
Option (4) is correct: The Code of Criminal Procedure doesn’t provide any provision of period of limitation to take cognizance of an offence punishable for a term more than three years.

Option (1) is correct: Under Section 2(w), summons case means a case relating to an offence, and not being a warrant case.
Option (2) is incorrect: No such provision of summons case.
Option (3) is incorrect: Summons cases does not only deal with theft cases.
Option (4) is incorrect: No such provision in the CrPC.

Option (1) is incorrect: Arrest can be made beyond the jurisdiction of the concerned police station.
Option (2) is incorrect: Arrest can be made beyond the jurisdiction of a district.
Option (3) is incorrect: Arrest can be made beyond the jurisdiction of a state.

Option (1) is incorrect: No such provision has been laid down in the Act.
Option (2) is incorrect: No such provision has been laid down in the Act.
Option (3) is incorrect: No such provision has been laid down in the Act.
Option (4) is correct: A suit for possession under Section 5 of the Specific Relief Act can be filed within 12 years.

Option (1) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property.
Option (2) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property.
Option (3) is correct: Under the Specific Relief Act, a suit for recovery of possession of immovable property and movable property can be filed under Section 5 and Section 7, respectively.

Option (1) is incorrect: No such time limit has been provided under Section 26.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: No such time limit has been provided under Section 26.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: No such time limit has been provided under Section 26.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Section 26 of the Act doesn’t provide any time limit for the discovery of mistake or fraud.

Option (1) is incorrect: It doesn’t mean absolute necessary time.
Option (2) is correct: ‘Time requisite’ under Section 12(2) of the Limitation Act means actual time taken.
Option (3) is incorrect: It doesn’t mean maximum time taken.
Option (4) is incorrect: It doesn’t talk about minimum time taken.

Option (1) is incorrect: Section 11 of Limitation Act deals with suits on contracts entered into outside the territories to which the Act extends.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 13 of Limitation Act deals with exclusion of time in cases where leave to sue or appeal as a pauper is applied for.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 14 of Limitation Act deals with exclusion of time of proceeding bona fide in court without jurisdiction.