All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Enhance your All India Bar Examination (AIBE) prep with Jetty Study's Previous Year Question Papers. Practice MCQs and answers for a confident performance. Get ready to succeed!

1. An Arbitral Tribunal Should Usually Consist of :

2. In an arbitration agreement, the arbitrator(s) :

3. An "arbitration agreement" is a condition precedent for a valid arbitration under the provision of the Arbitration and Conciliation Act,1996. With Reference to a Substantive agreement between the parites :

4. Under the Arbitration and conciliation Act, 1996, the rule of Procedure for a Domestic arbitration :

5. Civil Contractor A entered into an agreement with Architecture Firm B to design a building. Further, all matters in relation to the design of a mall in the same building were sub- contracted to another Architecture Firm C. The contract had a clause titled "Arbitration", under which the Chief Architect of a third Architecture Firm D had the power to remove any difficulties, including with regard to modification of any plans for the mall's design. The parties sought to get an interim order under section 9 of the Arbitration and Conciliation Act, 1996. Will the parties succeed ?

6. A and B enter into a valid arbitration agreement in relation to a share purchase agreement. As per the agreement, any dispute in relation to the share purchase between A and B must be referred to a sole arbitrator. Thereafter, A and B have a dispute in relation to the share purchase. A and B refer the matter to a sole arbitrator. The sole arbitrator passes an award in favor of A. B is aggrieved by the award he believes that the as arbitrator misinterpreted a provision of the agreement relating to the "delivery of shares". B wants to appeal on this ground.

7. A and B enter into a shareholders' agreement for the management of Company X. They agreed that if the Company X is wound up, they would split the profits in a manner that is in accordance with the Companies Act, 1956. They agreed to subject themselves to arbitration in case of any dispute with regard to the winding up of the Company X. What will be the result if such a dispute arises ?

8. An ex-parte decree implies that :

9. The Limitation Act, 1963 prescribes limitation periods for various kinds of proceedings. For a proceeding which is not specifically provided for in the schedules :

10. A court may pass interim or interlocutory orders.

11. Filing a caveat before a court would mean that:

12. Company A, registered in Mumbai, owns a property in Chennai. The company took a loan from a bank established in Kolkata mortgaging the Chennai Property. The company defaulted in repaying the loan and the bank decided to foreclose the mortgage. Which of the following options is most correct :

13. A and B, two Indians, have a dispute in relation to delivery of goods and payment of money in a trade from India to England. An English court decided on the matter in favour of A based on the principles of natural justice and applicable international commercial laws, including in respect of jurisdiction. B decided to institute a fresh suit in India. Which of the following is the most correct in such a situation ?

14. A had filed a suit against B for trespass on A's property. However, A fails to prove trespass. In appeal, A takes the leave of the court to produce an eyewitness, A's guard, who is willing to appear before the appellate court. A had tried to make the guard an eyewitness before the lower court as well. However, the guard had left the country at that time, and despite several summons being issued, had failed to appear before the lower court.

15. Which of the following is correct in relation to the formation of a new State from the territory of existing States?

16. Which provision of the Constitution gives the State authority to provide for reservation of appointments or posts in the services under the State in favour of any backward class of non-citizens which, in the opinion of the State, is not adequately represented in the services under the State?

17. Which of the following writs may the Supreme Court use to inquire into the legality of a claim that a person asserts to a public office and to remove such a person from the public office if the claim is not well- founded?

18. Which of the following is most correct in respect of a Money Bill ?

19. A five-judge Bench of the Supreme Court passes judgment in a matter. In a later case before a High Court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the High Court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?

20. Company A made sales of bricks, which were supplied from outside a State, to several purchasers within the State. The State levies a tax on these sales. Can the State levy such a tax?

21. A held an office under a State Government. A was not entitled to receive any salary or compensation under the terms of office, but was entitled to claim reimbursement of expenses incurred in the course of discharge of A's duties. The terms of office provided a limit on the expenses that could be incurred, and that would be reimbursed. Later, A stands for election to the State Legislature, and is elected. A member of the opposing party challenges A's membership in the State Legislature on the ground that A holds an office of profit under the government. Which of the following is most accurate in this case ?

22. An agreement is not voidable if consent is caused by :

23. An agreement in restraint of trade not accompanied by a sale of goodwill, is :

24. When one party rescinds a voidable contract, it must :

25. Which of the following Statements is least accurate about partnership law in India ?

26. A sends a letter to B offering to sell two hundred grams of gold at a certain price and requests B to convey his acceptance by post only. B writes a letter accepting A's offer and hands it over to his peon and asks him to mail it for him. The peon forgets to do so and posts the letter after two days. A day after the letter is posted, A calls B ask him whether he has replied to his offer and B informs him that he has accepted the offer by post. A receives the letter a couple of days later but opens it only after a week. When was the acceptance of B compete against A ?

27. A gave some goods to B, and asked B to store them in a warehouse for a period of time and clean them regularly. A agrees to pay B a fee for the use of the warehouse and a fee for the cleaning, and B agrees not to retain the goods under any circumstances once the contract expires. Upon expiry of the contract, A demands that B hand over his goods. Can B retain A's goods until A pays him the agreed fees?

28. On December, 2010, Company A enters into a contract with Company B to supply Company B with thousand shirts specially designed for sale on Republic Day. No time for delivery is mentioned in the contract and it is not stated whether time is the essence of the contract. Company A delivers the shirts after the Republic Day celebrations in 2011 are over. Has the contract been validly performed?

29. If a person is intoxicated against his will and commits a crime when he is incapable of knowing the nature of his actions, then he will be :

30. Section 53 of the Indian Penal Code, 1860 provides five forms of punishment, namely: (a) death; (b) imprisonment for life; (c) imprisonment, either rigoros or simple; (d) forfeiture of property; and (e) fine. Imprisonment for life under section 53 means :

31. In which of the following cases does culpable homicide amount to murder ?

32. Certain acts that lie within an Exception, such as that the defendant was of unsound mind when committing the act charged as an offence, are not treated as offences. Who has the onus of proving that an act lies within an Exception ?

33. A, a man, asked B, an adult woman, if he could have sexual intercourse with her. B refused. A brandishes a gun and threatens to kill her neighbors if she does not consent. B gives consent out of fear for the lives of her neighbors and they have sexual intercourse. A is charged with rape. In the court, the defennce. argues that at the time of the sexual intercourse, B had given her consent. Which of the following statements is the most accurate application of the principle below ?

34. A, a police office, is directed by her superior to arrest B's younger sister, C, in the mistaken belief that she is actually B. Has A committed any offence?

35. A asks B to forge a registered sale deed for him and B does so. A misrepresents the forged sale deed to be the genuine one and sell C's property to D. Which of the following statements is the most correct application of the principle below ?

36. Taking cognizance of an offence under the Code of Criminal Procedure, 1973 means :

37. Which of the following courts may award a sentence of imprisonment for life ?

38. If an offence is classified as a non-bailable offence, it implies that :

39. The Code of Criminal Procedure, 1973, deals with procedural aspects of criminal law. An Exception in the Code of Criminal Procedure, 1973, where the proceedings are civil in nature, is a proceeding pertaining to :

40. During a trial for murder, the prosecutor alleges that the murder weapon is hidden in the house of the accused but his wife is not allowing them into the house. What should the prosecution seek from the court to secure the murder weapon ?

41. A has murdered her husband. She goes to the police station with the murder weapon and confesses before the police. In view of the principle below, what would be the most correct action for the police ?

42. A, a witness to a murder, files a First Information Report ("F.I.R."), but A was in a State of shock and could not record his statement completely. Which of the following statements is the most accurate application of the principle below ?

43. Which of the following statements is the most accurate description of the principle of ejusdem generis ?

44. Which provision of the Code of Civil Procedure, 1908 states that no pleading subsequent to the Written Statement of a defendant other than by way of defence to a set-off or counter-claim shall be presented except with the leave of the Court, and upon such terms as the Court thinks fit ?

45. Which of the following statements about a 'testatum of a deed' is most accurate?

46. In a Written Statement, which of the following forms of defence is a defendant not permitted to take ?

47. B is a private limited company engaged in the manufacture and sale of shoes and is also one of your clients. A is, one of the legal managers of B. A approaches you and gives you instructions to file a suit for recovery of money on behalf of B against one of its vendors. You know that another legal manager of B, named C, had been authorized in a prior case. Is it necessary that you confirm if A is also authorized to give instructions on behalf of B ?

48. Assume that the immigration laws of India state that "All these persons to whom this Act extends shall have the right of abode in India and to come and go into and from". What does 'come and go into and from India' signify ?

49. Parties A and B enter into an Agreement for Sale of immovable property. In the recitals portion of the agreement, it is mentioned that A, being the seller, agrees to pay all the relevant taxes to the authorities, including registration charges. However, the operative part to the said agreement contains a clause whereby B, being the purchaser, agrees to pay the registration charges. Who has to pay the registration charges ?

50. Which of the following statements is most accurate about the law of evidence ?