Bar Council Mock - 3

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

(3) The United Nations Commission on International Trade Law (UNCITRAL) and Rules was used by the Indian Arbitration and Conciliation Act, 1996.

(4) To minimise the burden of the courts.

A person cannot authorise an agent to enter into an arbitration agreement.

(3) The purpose of punishment is reforming a wrongdoer.

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

(2) An arbitration agreement in which the government is a party must comply with Article 299 of the Constitution.

(4) Hypothesis of Grundnorm was propounded by Kelson.

(2) Adverse possession may lead to loss of title.

(4) Jurisdiction cannot be objected as a separate agreement can be made for arbitration. The whole arbitration proceedings were valid.

Option (1) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (2) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (3) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (4) is correct: If any person has entered into an agreement with the applicant to finance the litigation, the court can reject an application to sue as an indigent person.

Option (1) is correct: Under Order VII, Rule 11(1)(e) of the Code of Civil Procedure, where the plaint is not filed in duplicate, the court shall reject the plaint.
Option (2) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (3) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (4) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.

Option (1) is incorrect: It can be either preliminary or final.
Option (2) is incorrect: It can be either preliminary or final.
Option (3) is incorrect: It can be either preliminary or final.
Option (4) is correct: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

Option (4) is correct: Under Order XXXIX, Rule 3A of the Code of Civil Procedure, where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted.

Option (1) is incorrect: It is an example of continuing guarantee.
Option (2) is incorrect: It is not a simple guarantee.
Option (3) is correct: A guarantee which extends to a series of transactions is called a 'continuing guarantee'.

Option (1) is correct: A judgement passed by a court can be reviewed by the very same court.
Option (2) is incorrect: District judge can review its own decisions only.
Option (3) is incorrect: The High Court can review its own decisions only.
Option (4) is incorrect: The decisions of the Supreme Court can never be reviewed by it. 

Option (1) is correct: It is a lawful consideration in the eyes of law.
Option (2) is incorrect: It is completely lawful.
Option (3) is incorrect: It is a valid consideration.

Option (1) is correct: If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such a person does anything which renders it impossible that he should so act within any definite time or otherwise than under further contingencies.

Option (1) is incorrect: It is not valid.
Option (2) is incorrect: An agreement is not voidable, it is completely void.
Option (3) is correct: Under Section 24 of the Indian Contract Act, 1872, if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.
Option (4) is incorrect: The agreement is not illegal, but void.

It is a lease agreement. A lease is the transfer of right to enjoy such property for a certain time. Thus, (2) is the correct option. A sale is the transfer of right for uncertain or indefinite period of time until such rights are further sold. A mortgage is the security for a loan agreement.

Section 41 is not applicable if the ostensible owner has transferred the property without consideration. Thus, (4) is the correct answer.

The right is available until the rent is paid. Thus, (1) is the correct option. There is no condition of recession of contract.

The mortgager will have the benefit of new lease in this case. Thus, (2) is the correct option. The previous lease has already expired. Thus, (3) cannot be the correct option. (1) is incorrect because such benefits are applicable.

(2) The creditor’s forbearance from suing the principal may amount to good consideration to support a gurantee.

(2) The provisions of Section 143 of the Negotiable Instruments Act, 1881, all offences under the Act are to be tried by Judicial Magistrate of the First Class or by a Metropolitan Magistrate.

In the contract of gurantee, the surety, who put his steps into the shoes of principal debtor, cannot place a limit upon his liability.

(1) An offender under Section 138 of the Negotiable Instruments Act can be punished with imprisonment for a term which may extend to two years.

Option (4) is correct: Section 402 of the IPC states whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine. 

Option (3) is correct: Section 82 states 'nothing is an offence which is done by a child under seven years of age'.

Option (4) is correct: Irresistible impulse is a defence neither in India nor in England.

Option (2) is correct: Under Section 108 of the IPC, a person abets an offence, who abets either the commission of an offence is an abettor.

Option (4) is correct: Under Section 103 of the IPC, the right to private defence of property extends to causing death if the offence is mischief, robbery, housebreaking by night and theft.

Option (4) is correct: Section 304B (2) states that 'Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life.

If a party has been heard of as being alive from a period of seven years then it is not a ground to obtain divorce under the Hindu Law.

Same gotra marriage under the Hindu Marriage Act, 1955 is completely valid.

(3) Under the Consumer Protection Act, appropriate laboratory means a laboratory or organisation recognised by the central government or by the state government subject to such guide­lines as may be prescribed by the central government on this behalf.

(4) It extends to the whole of India, except the state of Jammu and Kashmir.

(1) Driving by a drunken is punishable if the quantity of alcohol in blood exceeds 30 mg per 100ml of blood.

(2) The present wage ceiling per month for the purpose of the Employees’ State Insurance Act, 1948 is Rs. 15,000.

(2) An accident victim can be treated by any registered medical practitioner or doctor.

(2) The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations.

(1) The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to establishments in which work is of an intermittent or casual nature.

(3) Third Schedule of the Factories Act, 1948 specifies Beriyllium poisoning, Anthrax and Arsenic poisoning or its sequelae, etc. as notifiable diseases.

(4) A firm is said to have good corporate social performance when stakeholders are satisfied with its level of social responsibility.

III, II, IV and I

(1) It has been taken that while exercising its powers under Section 10(1), the function performed by the appropriate Government is purely administrative in nature.

Statement under Section 161 of the CrPC is made during investigation and it can be used to contradict the statement in the court during a trial.

Regulatory agencies, commissions and boards control regulation of professions, incorporation of businesses and sale of securities by public companies.

(3) The stakeholder view of social responsibility states that organisations must respond to the needs of all interested parties.

Adherence to principles of natural justice includes giving notice of changes to affected individuals and providing affected individuals with the right to present their case.

(4) A governing entity will typically performs all of the above mentioned acts.

For summoning an accused under Section 319 of the CrPC, a statement on oath in a trial is relevant.

The purpose of Section 313 is to give an opportunity to an accused to explain the facts appearing against him in the evidence. He is not examined here as a witness. Hence, under Section 313(2), oath is not required before taking the statement of an accused.

Ordinarily, place of trial is where the offence has been committed.

As provided under Section 2(x), warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Inquiry is conducted by a Magistrate with a view to find out an apparent nature of something on intial adjudication.

The cries of the mob are relevant as explanatory of the nature of the transaction.

There are 12 schedules in the Indian Constitution.

Original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

Public Interest Litigation originated in the USA. Person filing a petition under Public Interest Litigation must prove to the satisfaction of the court that the petition is being filed for a public interest. 

The Constitution of India is a living document, an instrument that makes the government system work.

The account can be operated by his widow, being guardian of the eldest male member to be called karta.

An important step in the formation of a company is to prepare a document called 'Memorandum of Association'. It is the charter of a company and is a very important document as it contains the basic conditions on which the company is incorporated.

Option (1) is incorrect: No such provision for issuance of any writ.
Option (2) is incorrect: No such provision for issuance of any writ.
Option (3) is correct: Issuance of writ of Mandamus relates to non-performance of public duty.
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In a public limited company, the maximum and minimum numbers of shareholders are unlimited and 7, respectively. 

(3) The Forest (Conservation) Act extends to the whole of India, except the state of Jammu and Kashmir.

(1) Penalty for conservation of the provisions of the Forest Act is under Section 3A.

As conversion of a public company into a private company involves alteration of 'Articles of Association' of a public company, so central government's permission is required in case of conversion of a public company into a private company.

(3) Offences by the authorities and the government department in the Forest Act is under Section 3B.

(4) The Wildlife (Protection) Act was enacted in the year 1972.

(2) The use of electronic messaging systems to send unsolicited bulk messages is called spamming.

(1) The power of the central government to declare an area as a sanctuary or a national park comes under Section 38. 

(2) India's first cyber police station was inaugurated in Banglore.

(3) Carding is a term used for the process to verify the validity of stolen card data. The thief presents the card information on a website that has real-time transaction processing. If the card is processed successfully, the thief knows that the card is still good. The specific item purchased is immaterial and the thief does not need to purchase an actual product; a web site subscription or charitable donation would be sufficient.

(2) The first cybercrime police station of Kerala started functioning in Thiruvananthapuram.

(4) Phishing is the attempt to acquire sensitive information such as usernames, passwords and credit card details (and sometimes, indirectly, money), often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication.

(4) The first effort towards this was made after the Second World War.

(3) The Permanent Court of International Justice applied the principle of res judicata while deciding Chozow factory indemnity case.

(2) ‘Monism’ denotes that the International Law and State Law are the concomitant aspects of one system.

(3) Fits cogens denotes peremptory norms of the International Law.

(4) A lawyer may be employed as counsel by the client by all of the above ways, except written.

(4) A lawyer’s responsibility to himself and society includes the following duties, except the duty of professional courtesy.

(2) According to the Vienna Convention on the Law of Treaties, 1960, the provisions of the treaty to which the reservation applies, shall not apply between the reserving state and the objecting state, unless the objecting state specifically objects to the entry into force of the treaty as between the two states.

(3) An attorney whose name is entered in the records of an acion or suit as the lawyer of the designate party is attorney of record.

(4) To forward his notarial register, when filed, to the proper clerk of court does not form part of the duty of a notary public.

Option (1) 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 (2) is correct: 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 (3) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years.
Option (4) is incorrect: No limitation period for taking cognizance is mentioned under the Code of Criminal Procedure, if the offence is punishable by more than three years.

Option (1) is correct: Under Section 107 of the Code of Criminal Procedure, when an Executive Magistrate receives information that any person is likely to commit a breach of peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of peace or disturb the public tranquillity, require such person to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year.
Option (2) is incorrect: No such provision of two years under the Code of Criminal Procedure.
Option (3) is incorrect: No such provision of three years under the Code of Criminal Procedure.
Option (4) is incorrect: No such provision of six months under the Code of Criminal Procedure.

Option (1) is incorrect: Section 461 of the Code of Criminal Procedure deals with irregularities, which vitiate proceedings if the magistrate is not empowered to do so and to issue a search warrant under Section 94 of the CrPC by a magistrate, who is not authorised, does not come under this section.
Option (2) is incorrect: To hold an inquest under Section 176 of the CrPC does not come under Section 461.
Option (3) is correct: If a magistrate tries an offender summarily, who is not authorised to do so, will vitiate proceedings under Section 461.
Option (4) is incorrect: To tender a pardon under Section 306 of the CrPC does not come under Section 461.

Option (1) is incorrect: Section 154 of the Code of Criminal Procedure deals with the process of taking information of a cognizable offence.
Option (2) is incorrect: Section 156 of the Code of Criminal Procedure talks about the police officer's power to investigate a cognizable case.
Option (3) is incorrect: Section 159 of the Code of Criminal Procedure deals with the magistrate’s power to hold investigation and preliminary enquiry.
Option (4) is correct: Under Section 157 of the Code of Criminal Procedure, if from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence, which he is empowered to investigate under Section 156, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report. 

Option (1) is incorrect: No such provision is provided under the Code of Criminal Procedure.
Option (2) is incorrect: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time, while in the custody of such officer to give bail, he shall be released on bail.
Option (3) is correct: Under Section 438(3) of the Code of Criminal Procedure, if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, he shall be released on bail.
Option (4) is incorrect: Code of Criminal Procedure does not provide any provision of three days.

Option (1) is incorrect: It has an effect of acquittal, not conviction.
Option (2) is incorrect: It has an effect of acquittal, not conviction.
Option (3) is correct: Under Section 320(8) of the Code of Criminal Procedure, the composition of an offence under this section shall have the effect of acquittal of the accused with whom the offence has been compounded.
Option (4) is incorrect: It has an effect of acquittal, not conviction.

Option (1) is correct: Under Section 468(2) of the Code of Criminal Procedure, the period of limitation for taking cognizance, where the offence is punishable with fine only, 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 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 (1) is correct: Section 29(2) of the Code of Criminal Procedure says that the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term, not exceeding three years or of fine not exceeding five thousand rupees or of both.
Option (2) is incorrect: No such provision of five years.
Option (3) is incorrect: No such provision of seven years.
Option (4) is incorrect: No such provision of four years.

Option (1) is correct: Definition provided under Section 2(1) of the Code of Criminal Procedure, a 'bailable offence' means an offence which is shown as bailable in the First Schedule.
Option (2) is incorrect: All cases of summons trial are not only bailable offences.
Option (3) is incorrect: All non-cognizable offences are not bailable.
Option (4) is incorrect: No such provision is provided under the CrPC.

Option (1) is incorrect: A magistrate cannot forward the case directly to the Sessions Court.
Option (2) is correct: Under Section 325 of the Code of Criminal Procedure, whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind or more severe than that which such magistrate is empowered to inflict, he may record the opinion and submit his proceedings, and forward the accused to the Chief Judicial Magistrate to whom he is subordinate.

Option (1) is incorrect: Part II of the Specific Relief Act, 1963 deals with specific relief.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Part II, Chapter VI of the Specific Relief Act, 1963 deals with declaratory decrees.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Part III of the Specific Relief Act, 1963 deals with preventive relief.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: None of the above provisions.

Option (1) is incorrect: Section 37 of the Specific Relief Act talks about temporary and perpetual injunctions.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 38 of the Act deals with perpetual injunctions when granted.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 39 of the Act deals with mandatory injunctions.
<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 (1) is correct: Under Section 6(2)(a) of the Act, no suit shall be brought after expiry six months from the date of dispossession.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: No such provision 
<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: For any suit for which no period of limitation is provided elsewhere in the schedule of the Act, the limitation would be three years.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is correct: Section 9 of Limitation Act provides where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it.
Option (2) is incorrect: No such provision
Option (3) is incorrect: Where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it, although court grants leave.
Option (4) is incorrect: Option (1) is correct.