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Code of Civil Procedure (CPC)

228 questions from 16 papers

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AIBE XIII Q.12 Walkthrough

Which one of the following Section deals with form of summons?

a. Section 60
b. Section 61
c. Section 62
d. Section 64
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AIBE XIII Q.15 Walkthrough

Section 25 empowers the Supreme Court to transfer any suit, appeal or other proceeding:

a. From one High Court to another High Court
b. Form one civil court in court in one State of another civil court in any other State
c. Both (a) and (b)
d. Only (a)
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AIBE XIII Q.16 Walkthrough

In which of the following cases, can C set- off the claim?

a. A sues C on a bill of exchange for Rs.500/-, C alleges that A has wrongfully neglected to insure C’s goods and he is liable to pay compensation
b. A sues C on a bill of exchange for Rs. 500/, C holds a decree against A for recovery of debt of Rs. 1000/-
c. A sues Band C for Rs. 1000/-, the debt is due to C alone by A.
d. A and B sues C for Rs. 1000/-, the debt is due to C by alone
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AIBE XIII Q.19 Walkthrough

Disciplinary Committee of Bar Council is conferred the powers of Civil Court under code of Civil Procedure, 1908 by-

a. Section 36 of Advocates Act, 1961
b. Section 42 of Advocates Act, 1961
c. Section 42A of Advocates Act, 1961
d. Section 28 of Advocates Act, 1961
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AIBE XIII Q.47 Walkthrough

The term ‘Suit of a Civil Nature’ refers to:

a. Private rights and obligations of a citizen.
b. Political, social and religious question.
c. A suit in which principal question relates to caste or religion.
d. All of the above.
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AIBE XIII Q.49 Walkthrough

A suit brought by a person to recover possession from a stranger of math property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the math:

a. The second suit will be barred by Res Judicata.
b. The second suit will not be barred by Res Judicata.
c. The second suit will be barred by Res sub- Judice
d. None of the above
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AIBE XIII Q.64 Walkthrough

A suit may be dismissed under Order IX: (i) Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons (Rule 2) (ii) Where neither the plaintiff nor the defendant appears (Rule 3) (iii) Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons (Rule 5) (iv)Where on the date fixed for hearing in a suit only defendant appears and he does not admit the’ plaintiff’s claim. (Rule 8) Codes:

a. (i), (ii) and (iii)
b. (i), (iii) and (iv)
c. (ii), (iii) and (iv)
d. All of the above
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AIBE XIII Q.86 Walkthrough

State of U.P. v. Nawab Hussain, 1977 SCR(3) 428 relates to:

a. Res sub-judice.
b. Res judicate.
c. Constructive res judicata
d. Deemed res judicata
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AIBE XIII Q.87 Walkthrough

X is living in Pune and Y, his brother in Mumbai, X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.

a. The suit may be instituted in Delhi only.
b. The suit may be instituted in Bangalore only.
c. The suit may be instituted either in Delhi or Bangalore.
d. None of the above.
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AIBE XIII Q.88 Walkthrough

An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore. A suit to obtain compensation for wrong to the property may be instituted

a. At Bhopal
b. At Indore
c. Either at Bhopal or at Indore
d. None of these
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AIBE XIII Q.94 Walkthrough

A person entitled to the possession of specific immovable property may recover in the manner provided by:

a. The Code of Civil Procedure, 1908
b. The Indian Registration Act, 1908
c. The Indian Contract Act, 1872
d. The Transfer of Property Act, 1882
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AIBE XIV Q.8 Walkthrough

Which of the following is not an essential element of a decree:

a. Conclusive determination of the rights of the parties.
b. Formal expression of adjudication.
c. An adjudication from which an appeal lies as an appeal from an order.
d. The adjudication must have been given in a suit before the court.
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AIBE XIV Q.40 Walkthrough

A reference can be made during the pendency of the case:

a. The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of law.
b. The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of evidence.
c. The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of fact.
d. The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of court procedure.
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AIBE XIV Q.41 Walkthrough

A person can apply for review of judgment when:

a. He is aggrieved by a decree/ order from which an appeal is allowed, but no appeal has been preferred.
b. He is aggrieved by a decree/ order from which no appeal is allowed.
c. He is aggrieved by a decision on a reference from a Court of small causes.
d. All of the above.
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AIBE XIV Q.87 Walkthrough

‘Mesne Profits’ of property means:

a. Those profits by which the person in wrongful possession of such property actually received or might have received there from, together with interest on such profits.
b. The profits due to improvements made by person in wrongful possession.
c. Both (a) and (b)
d. None of the above
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AIBE XIV Q.88 Walkthrough

Which of the following is not a legal representative?

a. Executor and administrators.
b. Hindu coparceners.
c. Creditor.
d. Intermeddler
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AIBE XIV Q.92 Walkthrough

Which order of the CPC lays down general rules governing pleadings in a court?

a. Order 6
b. Order 7
c. Order 8
d. Order 9
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AIBE XIV Q.93 Walkthrough

Second appeal under section 100 is applicable:

a. Substantial question of law as formulated by the High Court
b. Substantial question of law as not formulated by the High Court provided that if it is satisfied that the case involves such question
c. An appellate decree passed Ex Parte
d. All of the above
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AIBE XV Q.14 Walkthrough

Imposition of compensatory costs in respect of false or vexatious claims or defences is dealt under:

a. Section 33 of CPC
b. Section 35A of CPC
c. Section 30 of CPC
d. Section 35 of CPC
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AIBE XV Q.15 Walkthrough

Which provision under the Code of Civil Procedure deals with substituted service of summons upon the defendant:

a. 0.5 R. 19A
b. 0.5 R.19
c. 0.5 R. 20
d. 0,5 R. 21
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AIBE XV Q.37 Walkthrough

Vis Major means:

a. Act of God
b. Act of Individual
c. Act of other party
d. Act of plaintiff
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AIBE XV Q.40 Walkthrough

The principle of Res Judicata is dealt under Section _______of CPC:

a. 9
b. 10
c. 11
d. 12
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AIBE XV Q.41 Walkthrough

Section 14 of the C.P.C. deals with:

a. Presumption as to decisions of tribunals
b. Presumption as to foreign judgments
c. Presumption as to judgments of the lower court
d. Presumption as to judgments of High Court
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AIBE XV Q.44 Walkthrough

What is the limitation period applicable to the three forums in entertaining a complaint under the Consumer Protection Act, 1986:

a. 3 years from the date on which the cause of action has arisen
b. 5 years from the date on which the cause of action has arisen
c. 4 years from the date on which the cause of action has arisen
d. 2 years from the date on which the cause of action has arisen
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AIBE XV Q.58 Walkthrough

Provision regarding filing of suits by an alien under the Code of Civil Procedure is dealt under:

a. Section 21A
b. Section 15
c. Section 21 B
d. Section 83
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AIBE XV Q.59 Walkthrough

An order issued by court under Civil Procedure Code, 1908 as per order XXI, rule 46, for recovery of amount due to judgment creditor is known as:

a. IT Order
b. Garnishee Order
c. Decree Holder order
d. Bank Order
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AIBE XV Q.60 Walkthrough

Section 88 read with Order XXXV of the Code of Civil Procedure, 1908 deals with:

a. Interpleader suit
b. Interlocutory Order
c. Restitution Order
d. Attachment Order
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AIBE XV Q.69 Walkthrough

Suits by indigent persons is dealt under: .

a. Order 44 of CPC
b. Order 33 of CPC
c. Order 55 of CPC
d. Order 22 of CPC
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AIBE XV Q.93 Walkthrough

“decree-holder” means:

a. any person in whose favour a decree has been passed or an order capable of execution has been made
b. any person in whose favour a decree has been passed or an order incapable of execution has been made
c. any Citizen in whose favour a decree has been passed or an order capable of execution has been made
d. an corporation in whose favour a decree has been passed or an order capable of execution has been made
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AIBE XVI Q.5 Walkthrough

Which of the following Sections of the Civil Procedure Code define the ‘Mesne Profit’ ?

a. Section 2(4)
b. Section 2(14)
c. Section 2(6)
d. Section 2(12)
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AIBE XVI Q.17 Walkthrough

Under Civil Procedure Code, 1908 “Foreign Court” means

a. A court situated outside India
b. A court situated outside India and not established under the authority of Government of India
c. A court situated in India, applying foreign law
d. All of the above
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AIBE XVI Q.21 Walkthrough

Under Civil Procedure Code find the incorrect match:

a. Section 5 Revenue Court
b. Section 7 Provincial Small Causes Court
c. Section 9 Pecuniary Jurisdiction of Courts
d. Section 8 Presidency Small Cause Courts
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AIBE XVI Q.34 Walkthrough

Provisions of Section 10 of CPC are:

a. Directory
b. Mandatory
c. None-Mandatory
d. Discretionary
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AIBE XVI Q.35 Walkthrough

Constructive res-judicata is contained in which of the following?

a. Explanation III to Section 11
b. Explanation IV to Section 11
c. Explanation VI to Section 11
d. Explanation VIII to Section 11
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AIBE XVI Q.42 Walkthrough

If a party who obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do that without the leave of the Court-

a. Fifteen days
b. Fourteen days
c. Twenty days
d. Thirty days
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AIBE XVI Q.46 Walkthrough

When Perpetual Injunction may be granted-

a. Where the defendant is trustee of the Property for the plaintiff.
b. Where there is no standard for ascertaining the actual damage.
c. Compensation in money would not afford adequate relief.
d. All of the above.
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AIBE XVI Q.59 Walkthrough

Provision for settlement of dispute outside court has been provided under Section. ............ of Civil Procedure Code.

a. 91
b. 89
c. 51
d. 151
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AIBE XVI Q.72 Walkthrough

Section 66, Indian Evidence Act lays down:

a. A notice must be given before secondary evidence can be received under section 65(a), Indian Evidence Act
b. Notice to produce a document must be in writing
c. Order XI, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document
d. All of them
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AIBE XVI Q.82 Walkthrough

In which of the following cases was it held that “the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract to the contrary. The fact that the date of decree makes no difference”?

a. Surenderabal v. Suppiah
b. Mukesh teli v. Bharti Teli
c. Sesi Ammal v, Thaiyu Ammal
d. Laxmi v. Krishna
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AIBE XVI Q.83 Walkthrough

A plaint has to be presented to the Court under Order IV , Rule 1 in-

a. Single copy
b. Duplicate
c. Triplicate
d. No fixed rule
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AIBE XVI Q.85 Walkthrough

Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section 82 CPC, execution, shall not be issued on any such decree unless the decree remains unsatisfied for a period of-

a. 3 months from the date of decree
b. 6 months from the date of the decree
c. 1 year from the date of the decree
d. 2 years from the date of decree
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AIBE XVI Q.97 Walkthrough

Which of the following cases can be cured under section 465 of the code of criminal procedure, 1973?

a. Entertaining of complaint without complying with section 195 and 340 of the Cr.P.C
b. The reading and recording of the evidence taken in one case into another companion case
c. The examination of witness in absence of the accused
d. Non Compliance with 235(2)
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AIBE XVI Q.98 Walkthrough

Which of the following statements hold true for de novo trials?

a. Omission or illegality in the procedure even if it does not affect the core of the case can become a ground far calling de novo trials
b. A de novo trial should be the last resort
c. the court originally trying the case can order de novo trial
d. None of these
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AIBE XVII Q.29 Walkthrough

Which Order of Civil Procedure Code deals with Temporary Injunction and Interlocutory Injunction?

a. Order 38
b. Order 39
c. Order 40
d. Order 41
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AIBE XVII Q.31 Walkthrough

Which of the following Section of Civil Procedure Code deals with the concept of Res Judicata?

a. Section 10
b. Section 11
c. Section 12
d. Section 13
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AIBE XVII Q.32 Walkthrough

Mr. X, Mr. Y and Mr. Z are jointly and severally liable for ` 10,000 under a decree obtained by Mr. A. Mr. Y obtains a decree for ` 10,000 against Mr. A singly and applies for execution to the Court in which the joint-decree is being executed. Which of the following option is correct for Mr. A?

a. Mr. A may treat his joint-decree as cross- decree under Order 21 Rule 18.
b. Mr. A cannot treat his joint-decree as cross- decree under Order 21 Rule 18.
c. Mr. A cannot treat his joint-decree as cross- decree under Order 22 Rule 18.
d. None of these
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AIBE XVII Q.33 Walkthrough

A, B and C are coparceners of Joint Hindu Family. They jointly execute a mortgage in favour of Y. Y files a suit against all of them. Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all. A and B applied to set aside the ex parte decree. The decree will be set aside against

a. Only C
b. Only A & B
c. A, B and C
d. None of these
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AIBE XVII Q.34 Walkthrough

Which of the following provision of Civil Procedure Code, 1908 deals with the Institution of Suits?

a. Section 22
b. Section 24
c. Section 26
d. Section 28
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AIBE XVII Q.35 Walkthrough

Defendant shall, within __ days from the date of service of summon on him, present a Written Statement of his defence (ORDER VIII).

a. 15
b. 30
c. 60
d. 45
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AIBE XVII Q.37 Walkthrough

As per Order VI, Pleading shall mean?

a. Plaint
b. Written Statement
c. Both Plaint and Written Statement
d. None of these
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AIBE XVII Q.38 Walkthrough

Which of the following Order deals with “Death, Marriage and Insolvency of Parties”?

a. Order 20
b. Order 21
c. Order 22
d. Order 23
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AIBE XVII Q.83 Walkthrough

The National Consumer Disputes Redressal Commission under Consumer Protection Act, 2019 shall have the jurisdiction to complaints where the value of the goods or services paid as consideration exceeds _______

a. 1 Crore
b. 10 Crores
c. 50 Crores
d. 100 Crores
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AIBE XVII Q.91 Walkthrough

A _____injunction can only be granted by the decree made at the hearing and upon the merits of the suit, the defendant is thereby perpetually enjoined from, the assertion of a right, or from the commission of an act, which could be contrary to the rights of the plaintiff.

a. Temporary
b. Perpetual.
c. ‘Both Temporary and Perpetual
d. None of these
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AIBE XVII Q.95 Walkthrough

Which of the following is/are CORRECT with respect to “Declaratory Decrees” under The Specific Relief Act, 1963?

a. Section 34 of the said Act deals with it.
b. It is discretionary in nature.
c. Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature)
d. None of these
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AIBE XVIII Q.53 Walkthrough

Which of the following is material for deciding the jurisdiction of the Civil Court under CPC?

a. Averments made in the plaint
b. Averments made in the written statement
c. Both (A) & (B)
d. Neither (A) nor (B)
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AIBE XVIII Q.54 Walkthrough

Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908?

a. Suit for recovery of voluntary payments or offerings
b. Suit for rights of franchise
c. Suit for specific reliefs
d. Suit relating to rights of worship
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AIBE XVIII Q.55 Walkthrough

Which provision of CPC makes the doctrine of res judicata applicable in representative suit?

a. Section 11, Explanation V
b. Section 11, Explanation VI
c. Section 11, Explanation VII
d. Section 11, Explanation VIII
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AIBE XVIII Q.56 Walkthrough

In which situation will a court not issue summons for personal appearance to the defendant?

a. Defendant resides within local limits of court's jurisdiction
b. Defendant resides within 40 miles from court
c. Defendant resides 250 miles away with public conveyance available
d. Woman to whom Section 132 CPC does not apply
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AIBE XVIII Q.57 Walkthrough

In which situation is plaintiff precluded from bringing a fresh suit as per CPC?

a. Dismissal where summons not served due to plaintiff's failure to pay costs
b. Dismissal because neither party appeared
c. Dismissal because plaintiff did not appear
d. Dismissal because plaintiff didn't apply for fresh summons within time limit
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AIBE XVIII Q.58 Walkthrough

How many times at max. may an adjournment be granted to a party during hearing of the suit as per the Code of Civil Procedure, 1908?

a. Two times
b. Three times
c. Four times
d. No limit prescribed
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AIBE XVIII Q.59 Walkthrough

Which Amendment Act made the provision in CPC to produce a witness without a summons?

a. The CPC (Amendment) Act, 1976
b. The CPC (Amendment) Act, 1999
c. The CPC (Amendment) Act, 2002
d. Such provision does not exist
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AIBE XVIII Q.60 Walkthrough

Which of the following is not included in the word costs as provided under the Code of Civil Procedure, 1908?

a. The expenses of the witnesses incurred
b. Legal fees and expenses incurred
c. Fooding and lodging expenses incurred
d. Any other expenses incurred in connection with the proceedings
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AIBE XVIII Q.61 Walkthrough

What period is prescribed for defendant to enter appearance in summary procedure suit under CPC?

a. Seven days from receiving summons
b. Ten days from receiving summons
c. Fifteen days from receiving summons
d. Thirty days from receiving summons
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AIBE XVIII Q.62 Walkthrough

Under which provision of CPC may the appellate court remit an issue for trial to lower court?

a. Order XLI Rule 23
b. Order XLI Rule 23-A
c. Order XLI Rule 24
d. Order XLI Rule 25
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AIBE XIX Q.29 Walkthrough

A suit is pending in District Court A, but one of the parties, Meera, requests its transfer to District Court B, claiming bias of the judge. The opposing party objects, stating the request is baseless. Who has the authority to decide whether the suit can be transferred?

a. The District Court A where the suit is pending
b. The High Court or the Supreme Court
c. The Civil Judge in District Court B
d. A committee of local advocates
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AIBE XIX Q.30 Walkthrough

Maya files a suit in Court A for the recovery of money from Neha. During proceedings, Neha requests that Seema be added as a defendant, claiming Seema is liable. Maya objects. The Court reviews the application and decides Seema should be included as a defendant. Which principle of CPC is applied?

a. Order 1, Rule 10 – Joinder and Substitution of Parties
b. Order 7, Rule 11 – Rejection of Plaint
c. Order 5 – Service of Summons
d. Order 6, Rule 17 – Amendment of Pleadings
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AIBE XIX Q.31 Walkthrough

Which section of the CPC allows for the appeal from original decrees?

a. Section 96
b. Section 100
c. Section 115
d. Section 104
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AIBE XIX Q.32 Walkthrough

Under the CPC, what is the maximum time limit for filing a written statement in a suit?

a. 30 Days
b. 60 Days
c. 120 Days
d. 90 Days
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AIBE XIX Q.33 Walkthrough

Which section of the CPC provides exemption of the President of India and the Governors of states from personal appearance in court?

a. Section 132
b. Section 133
c. Section 128
d. Section 130
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AIBE XIX Q.34 Walkthrough

What is the term used for a court's power to transfer a case from one court to another under the Code of Civil Procedure?

a. Res Judicata
b. Reference
c. Review
d. Transfer of suits
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AIBE XIX Q.35 Walkthrough

Under which order of the CPC the procedure for summary suits is provided?

a. Order XXXV
b. Order XXXVII
c. Order XXXIV
d. Order XXXVI
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AIBE XIX Q.36 Walkthrough

Which section of the CPC deals with the principle of "res judicata"?

a. Section 11
b. Section 10
c. Section 12
d. Section 9
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AIBE XIX Q.37 Walkthrough

______ of the CPC provides for an interpleader suit.

a. Section 88
b. Section 89
c. Section 92
d. Section 86
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AIBE XIX Q.38 Walkthrough

Which section of the CPC provides for the payment of compensatory costs?

a. Section 35
b. Section 35(A)
c. Section 35(B)
d. Section 36
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AIBE IV Q.5 Walkthrough

Complaint as provided under section 2(d) of Cr.P.C.-

a. Can be in writing only
b. Can be oral
c. Either in writing or oral
d. Can be by gestures
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AIBE IV Q.32 Walkthrough

Offer under section 2(a), Contract Act is-

a. Communication from one person to another
b. Suggestion by one person to another
c. Willingness to do or abstain from doing an action in order to obtain the assent of other thereto
d. None of the above
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AIBE IV Q.33 Walkthrough

Which of the following statement is incorrect?

a. Specific Relief Act, 1963, extends to the whole of India except State of Jammu and Kashmir
b. Specific performance is granted where there exists no standard for ascertaining damage
c. Where the aggrieved party can be adequately compensated in money, he will get only a decree for damages and not the recourse to
d. None of the above
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AIBE IV Q.34 Walkthrough

Which of the following is the correct statement:

a. Under section 7, CP.C the suit may be for recovery of special movable property or, in the alternative for compensation
b. Under section 7, C.P.C pecuniary compensation is not an adequate relief to the plaintiff for the loss of the article and the relief prayed is for injunction restraining the defendant from disposing of the article or otherwise injuring or concealing it, or for return of the same
c. Both (A) and (B) are correct
d. All are incorrect
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AIBE IV Q.46 Walkthrough

Section 10 sub-section (1) of the Arbitration & Conciliation Act talks about

a. Power of Arbitration
b. Numbers of Arbitrators
c. Capacity of Arbitrators
d. None of the above
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AIBE IV Q.47 Walkthrough

Foreign court under section 2(5) of CPC means:

a. A court situated outside India
b. A court situated outside India under the authority of Government of India
c. A court situated in India applying foreign law
d. All of these
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AIBE IV Q.48 Walkthrough

Judgment under section 2(9) of CPC means:

a. A decree
b. Dismissal of an appeal
c. Statement of ground of an order or decree
d. All of the above
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AIBE IV Q.49 Walkthrough

Principle of Res-sub judice is provided in

a. Section 10 of CPC
b. Section 11 of CPC
c. Section 13 of CPC
d. Section 14 of CPC
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AIBE IV Q.50 Walkthrough

Doctrine of Res-judicata as contained in section 11 of CPC is based on the maxim:

a. Nemo debet bis vexari pro uno eteadern causa
b. Interest republicae at sit finis litium
c. Both (A) & (B)
d. Either (A) or (B)
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AIBE IV Q.51 Walkthrough

Principle of Res-judicata applies:

a. Between co-defendants
b. Between co-plaintiffs
c. Both (A) & (B)
d. Neither (A) nor (B)
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AIBE IV Q.52 Walkthrough

Validity of a foreign judgment can be challenged under Section 13 of CPC;

a. In a civil court only
b. In a criminal court only
c. In both civil and criminal court
d. Neither in civil nor in criminal court
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AIBE IV Q.53 Walkthrough

Under section 15 of CPC, every suit shall be instituted in:

a. The district court
b. The court of the lowest grade
c. The court of higher grade
d. All of the above
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AIBE IV Q.54 Walkthrough

"X" residing in Delhi, publishes statements defamatory to "Y" in Calcutta, "Y" can sue "X" at:

a. Delhi
b. Calcutta
c. Anywhere in India
d. Either in Delhi or in Calcutta
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AIBE IV Q.55 Walkthrough

A suit for damages for breach of contract can be filed at a place:

a. Where the contract was made
b. Where the contract was to be performed or breach occurred
c. Anywhere in India
d. Both (A) and (B)
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AIBE IV Q.57 Walkthrough

The existence of statutes of limitation are due to:

a. Long dormant claims have more of cruelty than justice in them
b. The defendant may have lost the evidence to dispute the stale claim
c. Persons with good causes of action should pursue them with reasonable diligence
d. All the above
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AIBE IV Q.58 Walkthrough

Limitation Act, 1963 is applicable to-

a. Civil suits
b. Criminal cases
c. Both of the following is correct
d. All the above
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AIBE IV Q.83 Walkthrough

Rule of Law is antithesis of arbitrariness in all civilized societies. It has come to be regarded as mark of a free society. It seeks to maintain the balance between the opposite notions of individual liberty and public order, this was opined by whom in famous “Habeas Corpus” Case?

a. Justice HR. Khanna
b. Chief Justice Ray
c. Justice Chandrachud
d. Justice Bhagwati
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AIBE IV Q.87 Walkthrough

Appeal against the award of Claims Tribunals under the Motor Vehicles Act, 1988 can be made under:

a. Section 171
b. Section 172
c. Section 173
d. Section 174
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AIBE IV Q.93 Walkthrough

The concept of ‘Judicial Review’ in India is based on:

a. Procedure established by law
b. Due process of law
c. Rule of law
d. International treaties and convention
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AIBE VI Q.1 Walkthrough

The provision under CPC that relates to suit by indigent persons-

a. Order 32
b. Order 34
c. Order 35
d. Order 33
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AIBE VI Q.2 Walkthrough

Section 5 of the Limitation Act, 1963 enables the court to condone delay in filing ........ on sufficient satisfaction of sufficient cause.

a. appeal or application
b. appeal, suit and application
c. appeal, petition and counter-petition
d. appeal, petition, suit and counter-petition
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AIBE VI Q.3 Walkthrough

Limitation period prescribed in filing a suit by a mortgagor to recover possession of immovable property mortgaged

a. 20 years
b. 12 years
c. 10 years
d. 30 years
View Walkthrough →
AIBE VI Q.5 Walkthrough

Who decides as to which of the several modes he/she will execute the decree:

a. Plaintiff
b. Court
c. Judgment-debtor
d. Decree-holder
View Walkthrough →
AIBE VI Q.6 Walkthrough

Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as-

a. Question Petition
b. Question pamphlet
c. Interrogatories
d. Discovery
View Walkthrough →
AIBE VI Q.7 Walkthrough

.........is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

a. Joint suit
b. Representative suit
c. Collusive suit
d. Collective suit.
View Walkthrough →
AIBE VI Q.14 Walkthrough

A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per-

a. Section 12, Specific Relief Act, 1963
b. Section 11 (2), Specific Relief Act, 1963
c. Section 12(2), Specific Relief Act, 1963
d. Section 13, Specific Relief Act, 1963
View Walkthrough →
AIBE VI Q.15 Walkthrough

Under section 41 of the Specific Relief Act, 1963 an injunction cannot be granted-

a. to restrain in any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought
b. to restrain any person from applying to any legislative body
c. to restrain any person from instituting or prosecuting any proceeding in a criminal matter
d. all of the above
View Walkthrough →
AIBE VI Q.16 Walkthrough

Specific Relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Which provision brings in such prohibition?

a. Section 4, Specific Relief Act, 1963
b. Section 5, Specific Relief Act, 1963
c. Section 7, Specific Relief Act, 1963
d. Section 10, Specific Relief Act, 1963
View Walkthrough →
AIBE VI Q.25 Walkthrough

The discriminatory aspects of section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the

a. Indian Divorce (Amendment) Act of 2001
b. Divorce (Amendment) Act of 2002
c. Indian Divorce (Amendment) Act of 2006
d. Indian Divorce (Amendment) Act of 2012
View Walkthrough →
AIBE VI Q.32 Walkthrough

A seven-member Bench of the Supreme Court unanimously struck down clause 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to Tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the Constitution. Name the case-

a. L. Chandra Kumar u. Union of India
b. Kihota Hollohon u. Zachilhu
c. Nagaraj u. State of Andhra Pradesh
d. Rajendra Singh Rana u. Swami Prasad Maurya
View Walkthrough →
AIBE VI Q.45 Walkthrough

Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody, under which section-

a. Section 41(1)(a)
b. Section 41(1)(c)
c. Section 41(1)(e)
d. Section 41(1)(d)
View Walkthrough →
AIBE VI Q.56 Walkthrough

The commencement of arbitral proceedings is, not dependent on interim relief being allowed or denied under section 9 of the Arbitration and Conciliation Act, 1996. Supreme court in which case held so

a. Firm Ashok Traders v. Gurumukh Das Saluja
b. M.M. T.C. Ltd. v. Sterile Industries (India) Ltd.
c. National Thermal Power Corporation v. Flowmore (P .) Ltd.
d. Magma Leasing Ltd. v. NEPC Micon Ltd.
View Walkthrough →
AIBE VI Q.58 Walkthrough

Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court?

a. Section 98
b. Section 99
c. Section 89
d. Section 88
View Walkthrough →
AIBE VI Q.74 Walkthrough

Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

a. Section 11
b. Section 9
c. Section 10
d. Section 12
View Walkthrough →
AIBE VI Q.75 Walkthrough

Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff’s action and it is called as

a. Cross-claim
b. Set-off
c. Cross-demand
d. Cross-decrees
View Walkthrough →
AIBE VI Q.76 Walkthrough

An attachment before judgment order takes away.

a. Right to ownership
b. Right to file suit
c. Power to alienate the property
d. Capacity of execution of a decree.
View Walkthrough →
AIBE VI Q.77 Walkthrough

The three pillars on which foundation of every order of injunction rests

a. Prima facie case, injury with damage and balance of inconvenience
b. Prime facie case, reparable injury and balance of convenience
c. Prime facie case, irreparable injury and balance of convenience
d. Prime facie case, damage without injury and balance of convenience.
View Walkthrough →
AIBE VI Q.78 Walkthrough

_______ is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

a. Review
b. Reference
c. Appeal
d. Revision
View Walkthrough →
AIBE VI Q.99 Walkthrough

Section 9 of the Hindu Marriage Act, 1955 deals with

a. Restitution of Conjugal Rights
b. V oid Marriages
c. Judicial Separation
d. Grounds of Divorce
View Walkthrough →
AIBE VII Q.4 Walkthrough

Which section of the Specific Relief Act, 1963 describes temporary injunction-

a. 45
b. 41
c. 37
d. 36
View Walkthrough →
AIBE VII Q.13 Walkthrough

Right to freedom to acquire, hold and dispose-off property is abolished by-

a. 44th Constitution (Amendment) Act, 1978
b. 43rd Constitution (Amendment) Act, 1976
c. 50th Constitution (Amendment) Act, 1950
d. 1st Constitution (Amendment) Act, 1951
View Walkthrough →
AIBE VII Q.16 Walkthrough

_______of the Environmental Protection Act, 1986, defines ‘Environment’

a. Section 2(a)
b. Section 3(a)
c. Section 1(a)
d. Section 11(a)
View Walkthrough →
AIBE VII Q.20 Walkthrough

"A", a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by B and C adversely to each other. A can institute-

a. An application to decide the same
b. An interpleader suit
c. Friendly suit
d. None of the above
View Walkthrough →
AIBE VII Q.21 Walkthrough

What is the period of limitation to file a suit for compensation for false imprisonment?

a. 2 Years
b. 3 Years
c. 12 Years
d. 1 Year
View Walkthrough →
AIBE VII Q.22 Walkthrough

As per Section 19 of the Limitation Act, 1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the-

a. Time when suit was filed
b. When the payment was made
c. When the creditor demands
d. None of the above
View Walkthrough →
AIBE VII Q.25 Walkthrough

Conditions of Hindu Marriage have been laid down under _____of Hindu Marriage Act, 1955-

a. Section 9
b. Section 10
c. Section 5
d. Section 13
View Walkthrough →
AIBE VII Q.26 Walkthrough

The Hindu Succession (Amendment) Act, 2005-

a. ’ Allows married daughters of the deceased equal rights with unmarried daughters
b. Allows sons of the deceased equal rights with widow
c. Allows daughters of the deceased equal rights with wife
d. Allows daughters of the deceased equal rights with sons
View Walkthrough →
AIBE VII Q.30 Walkthrough

Under which provision of the Code of Criminal Procedure it is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable-

a. Section 150
b. Section 105
c. Section 50
d. Section 510
View Walkthrough →
AIBE VII Q.32 Walkthrough

Civil Surgeon shall refer unsound minded person to a clinical Psychologist! Psychiatrist. However by virtue of section ___ the aggrieved accused may prefer appeal before Medical Board consisting of head of Psychiatry and faculty of Medical College.

a. 328, Cr.P.C
b. 328 (lA), Cr.P.C
c. 328 (2), Cr.P.C
d. 346, Cr.P.C
View Walkthrough →
AIBE VII Q.55 Walkthrough

Identify the correct order in which the following law-making treaties are concluded- (1) The Vienna Convention on Consular Relations (2) The General Agreement on Tariffs and Trade (3) The Declaration of Paris Select the correct answer from the codes given below:

a. (1), (3), (2)
b. (3), (2), (1)
c. (2), (1), (3)
d. (1), (2), (3)
View Walkthrough →
AIBE VII Q.64 Walkthrough

“Where a body corporate is negligent in implementing reasonable security practices and thereby causes wrongful loss or gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected.” Which section of the Information Technology (Amendment) Act, 2008 envisages so?

a. 43
b. 43A
c. 43B
d. 43C
View Walkthrough →
AIBE VII Q.66 Walkthrough

Period of limitation for execution of the order of maintenance is _____from the date on which it becomes due.

a. 1 year
b. 5 years
c. 9 years
d. 15 years
View Walkthrough →
AIBE VII Q.68 Walkthrough

Who defines “eternal law is the divine order or Will of God which requires the preservation of natural order and forbids the breach of it”?

a. Ambrose
b. Augustine
c. Gregory
d. All the above
View Walkthrough →
AIBE VII Q.72 Walkthrough

General power of the Bar Council of India to make Rules is envisaged under which section of the Advocates Act, 1961?

a. Section 48
b. Section 49
c. Section 11
d. Section 42
View Walkthrough →
AIBE VII Q.76 Walkthrough

Section 89 of the Civil Procedure Code, 1908 was incorporated through the Civil Procedure Code (Amendment) Act of _____ which is the prominent provision that discusses about the jurisdiction of civil courts in applying Alternate Dispute Resolution mechanisms.

a. 1989
b. 1999
c. 1988
d. 2009
View Walkthrough →
AIBE VII Q.79 Walkthrough

What are the remedies open to the party aggrieved in a suit on contracts?

a. Specific performance and injunction
b. Specific performance and damages
c. Specific performance only
d. All the above
View Walkthrough →
AIBE VII Q.81 Walkthrough

The general principle of waiver that provides that failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent stage and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code, 1908-

a. Section 15
b. Section 16
c. Section 51
d. Section 21
View Walkthrough →
AIBE VII Q.82 Walkthrough

Act of court can do no wrong to any person. Which concept relates to this ideology-

a. Precept
b. Caveat
c. Restitution
d. Injunction
View Walkthrough →
AIBE VII Q.97 Walkthrough

Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year-

a. 1992
b. 1982
c. 2009
d. 2010
View Walkthrough →
AIBE VIII Q.3 Walkthrough

Amendments made in the year _____ through the insertion of Section _____ to the Civil Procedure Code introduced provisions to enable the courts to refer pending cases to arbitration, conciliation and mediation to facilitate early and amicable resolution of disputes.

a. 1989, 98
b. 1990, 88
c. 1999, 89
d. 2001, 88
View Walkthrough →
AIBE VIII Q.9 Walkthrough

According to The Consumer Protection Act, 1986 what is the limitation period applicable to the three forums in entertaining a complaint

a. 2 years from the date on which the cause of action has arisen
b. 2 years from which the article was purchased
c. 3 years
d. None of the above
View Walkthrough →
AIBE VIII Q.10 Walkthrough

Any person aggrieved by an order made by the District forum may prefer an appeal against such order to the _____within a period of ______days from the date of the order.

a. State Commission, 30
b. State Tribunal, 30
c. State Forum, 30
d. State Commission, 60
View Walkthrough →
AIBE VIII Q.22 Walkthrough

Which is true of contracts of agency?

a. The relation between the agent and the principal is of a trust
b. It is only when a person acts as a representative of the other in the creation, modification or termination of contractual obligations; between that order and third persons that he is an agent.
c. The only essence of a contract of agency is the agent’s representative capacity.
d. None of the above
View Walkthrough →
AIBE VIII Q.25 Walkthrough

Selvi’s daughter Kavita had married Shivakumar of a different caste against the wishes of her family. Shivakumar was brutally killed in 2004, and Selvi and two others became the suspects. Since the prosecution’s case depended entirely on circumstantial evidence, it sought the court’s permission to conduct polygraphy and brain-mapping tests on the three persons. The court granted permission and the tests were conducted. When the results of the polygraphy test indicated signs of deception, the prosecution sought the court’s permission to perform narcoanalysis on the three persons. The magistrate directed the three to undergo narcoanalysis. All of them challenged this decision in the Karnataka High Court, but failed to get relief. They then went in appeal to the Supreme Court. The Court held

a. Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(3) and 21 of the Constitution.
b. Compulsory brain-mapping and polygraph tests and narcoanalysis were valid under Articles 20(3) and 21 of the Constitution.
c. Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 20(1) and 21 of the Constitution.
d. Compulsory brain-mapping and polygraph tests and narcoanalysis were in violation of Articles 14 and 21 of the Constitution.
View Walkthrough →
AIBE VIII Q.30 Walkthrough

Article 48A and Article 51A (g) were inserted in the Constitution by

a. The Constitution (42nd Amendment) Act, 1978
b. The Constitution (42nd Amendment) Act, 1976
c. The Constitution (43rd Amendment) Act, 1978
d. The Constitution (44th Amendment) Act, 1978
View Walkthrough →
AIBE VIII Q.32 Walkthrough

A is in possession of property claimed by Band C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute_____suit

a. Friendly
b. Caveat
c. Interpleader
d. Restitution
View Walkthrough →
AIBE VIII Q.35 Walkthrough

As per the provisions of the Code of Criminal Procedure, in case of merger of the complaint with the police report the procedure to be followed for the trial shall be of______

a. The complaint case
b. The case instituted on the police report
c. Both as per the convenience during the trial
d. None of these
View Walkthrough →
AIBE VIII Q.41 Walkthrough

Section 47(3), Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. Explain the nature of the function exercised.

a. This is a judicial function, as the Authority’s decision is based on an official policy.
b. This is a quasi-judicial function, as the Authority’s decision is based on an official policy.
c. This is an administrative function, as the Authority’s decision is based on an official policy
d. None of the above
View Walkthrough →
AIBE VIII Q.44 Walkthrough

Retention of money deposited with advocate for the decree-holder even after execution proceedings was held as an instance of misconduct in which case

a. In Re D.C. Saxena
b. M. Veerendra Rao v. Tek Chand
c. Shambhu Ram Yadav v. Hanuman Das Khatry
d. Prahlad Saran Gupta v. Bar Council of India
View Walkthrough →
AIBE VIII Q.46 Walkthrough

The judgment in ________skews the delicate balance, carefully crafted by the Model Law (and enshrined in Section 34), between finality of arbitral awards on one hand and permissible judicial review on the other.

a. Renu Sagar Power Co. v. General Electric Corporation
b. ONGC v. Saw Pipes Ltd.
c. Sundaram Finance v. NEPC
d. Olympus Superstructures Pvt. Ltd. v. Meena Vijay Khetan
View Walkthrough →
AIBE VIII Q.48 Walkthrough

Which Section of the 1996 Arbitration Act permits’ the parties to engage in conciliation process even while the arbitral proceedings are on?

a. Section 30
b. Section 10
c. Section 40
d. Section 20
View Walkthrough →
AIBE VIII Q.49 Walkthrough

Where territorial jurisdiction of a court is transferred after passing a decree, an execution application may be filed

a. In the court which had passed the decree
b. In the Court to which territorial jurisdiction was transferred only
c. In either of the court under (A) or (B)
d. In any court in India
View Walkthrough →
AIBE VIII Q.50 Walkthrough

When a decree is transferred for execution to another court and if the decree- holder has reasons to apprehend that the judgment-debtor will dispose of the property before it is attached by the other court, he may apply to the court which passed the decree to issue a __ to attach the property at once.

a. Caveat
b. Restitution order
c. Attachment order
d. Precept
View Walkthrough →
AIBE VIII Q.51 Walkthrough

Where the right to the discovery or the inspection sought depends on the determination of any issue in the suit, the court may try that issue as a before deciding upon the right to discovery or inspection

a. Special issue
b. Preliminary issue
c. Res Judicata
d. Res sub judice
View Walkthrough →
AIBE VIII Q.52 Walkthrough

Identify a case where set off can be pleaded

a. Claim for unliquidated damages
b. Suit for recovery of ascertained sum of money
c. Suit for a sum legally non-recoverable
d. None of the above
View Walkthrough →
AIBE VIII Q.53 Walkthrough

Period of limitation for execution of the order of maintenance is ______from the date on which it becomes due

a. 1 year
b. 5 years
c. 6 years
d. 15 years
View Walkthrough →
AIBE VIII Q.55 Walkthrough

Chapter dealing with Plea Bargaining, has been inserted by

a. The Criminal Law (Amendment) Act, 1993
b. The Criminal Law (Amendment) Act, 2005
c. The Code of Criminal Procedure (Amendment) Act, 2001
d. The Code of Criminal (Amendment) Act, 1993
View Walkthrough →
AIBE VIII Q.57 Walkthrough

Prosecution for the offence of defamation can be initiated only

a. On the complaint of the aggrieved party
b. On the basis of an F.I.R.
c. On the basis of a police report
d. If it is a matter related to domestic affairs of a family
View Walkthrough →
AIBE VIII Q.63 Walkthrough

In tort, there are two broad categories of activities for which a plaintiff may be held strictly liable

a. Possession of certain animals and abnormally dangerous activities
b. Assault and battery
c. Battery and negligence
d. None of the above
View Walkthrough →
AIBE VIII Q.64 Walkthrough

What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immovable property mortgaged?

a. 3 years
b. 10 years
c. 30 years
d. 12 years
View Walkthrough →
AIBE VIII Q.65 Walkthrough

Sections 12-15 of the Limitation Act, 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion?

a. Day on which judgment/order/award is pronounced
b. Time during which stay/injunction operated
c. Time during which the defendant had been out of India
d. All the above
View Walkthrough →
AIBE VIII Q.66 Walkthrough

Provisions regarding Corporate Social Responsibility are incorporated in the Companies Act, 2013 under

a. Section 101
b. Section 111
c. Section 135
d. Section 235
View Walkthrough →
AIBE VIII Q.73 Walkthrough

Section 6 of the Specific Relief Act, 1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by______, recover possession thereof, notwithstanding any other title that may be set up in such suit

a. Application
b. Restitution application
c. Suit
d. Reference
View Walkthrough →
AIBE VIII Q.74 Walkthrough

As per the Specific Relief Act, 1963, identify the situation wherein any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court

a. Where the contract is voidable or terminable by the plaintiff;
b. Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff
c. Both (A) and (B)
d. None of the above
View Walkthrough →
AIBE IX Q.8 Walkthrough

Section 10 of CPC does not apply-

a. when the previous suit is pending in the same court
b. when the previous suit is pending in a foreign court
c. when the previous suit is pending in any other court of India
d. when the previous suit is pending in a court outside India established by the Central Government
View Walkthrough →
AIBE IX Q.9 Walkthrough

Principle of Res judicata is:

a. Mandatory
b. Directory
c. Discretionary
d. All the above
View Walkthrough →
AIBE IX Q.17 Walkthrough

Which of the following actions can be taken by a Registrar under section 4(5) of the Companies Act, 2013?

a. He can direct the Company to change it’s name within a period of 6 months after passing an ordinary resolution
b. Take action for striking off the name of the Company from the register of Companies
c. Order winding up of the Company on his own accord
d. All of these
View Walkthrough →
AIBE IX Q.20 Walkthrough

Objection as to non-joinder or mis- joinder of parties under Order 1, Rule 13 of CPC

a. can be taken at any stage of the proceedings
b. should be taken at the earliest possible opportunity or shall be invalid
c. can be taken in appeal or revision for the first time
d. either (A) or (C)
View Walkthrough →
AIBE IX Q.21 Walkthrough

Objection as to the place of suing

a. can only be taken before the court of first instance at the earliest possible opportunity
b. can also be taken before the appellate court for the first time
c. can also be taken before the court of revision for the first time
d. all of the above
View Walkthrough →
AIBE IX Q.22 Walkthrough

On the retirement, removal or death of a next friend, under Order, XXXII, Rule 10 of CPC, the suit is liable to be-

a. stayed
b. dismissed
c. rejected
d. either (A), (B) or (C)
View Walkthrough →
AIBE IX Q.28 Walkthrough

Which of the following statements hold true for adjudicatory bodies

a. Doctrine of Stare Decisis applies to them
b. Doctrine of Res judicata does not apply to them
c. Inherent lack of jurisdiction in a tribunal cannot be cured or created by the act of the parties
d. None of the above
View Walkthrough →
AIBE IX Q.38 Walkthrough

What is true of perpetual injunction

a. It is a judicial process
b. preventive in nature
c. the thing prevented is a wrongful act
d. all of the above
View Walkthrough →
AIBE IX Q.41 Walkthrough

The binding force of precedent is destroyed or weakened by:

a. Public opinion
b. Abrogated decision
c. Res judicata
d. Lis pendens
View Walkthrough →
AIBE IX Q.47 Walkthrough

Under the provisions of the Industrial Disputes Act, 1947, the appropriate government can by order in writing

a. refer the dispute to a Board for promoting a settlement of the dispute
b. refer any matter appearing to be relevant to the dispute to a court for inquiry
c. both (A) and (B)
d. neither (A) nor (B)
View Walkthrough →
AIBE IX Q.48 Walkthrough

Which of the following statement is true for loss of confidence by management in the workman?

a. Even ‘when dismissal or discharge is held to be wrongful, the court may not yet order reinstatement if the employer is able to establish that the workman held a position of trust and there was loss of confidence.
b. Loss of confidence may also be a ground for discharge simpliciter of the workman
c. both (A) and (B)
d. neither (A) nor (B)
View Walkthrough →
AIBE IX Q.49 Walkthrough

Under the provisions of the Consumer Protection Act, 1986, the period of limitation for filing complaint before the National Commission is

a. 1 year from the date on which cause of action has arisen
b. 2 years from the date on which cause of action has arisen
c. 3 years from the date on which cause of action has arisen
d. 4 years from the date on which cause of action has arisen
View Walkthrough →
AIBE IX Q.54 Walkthrough

Recording of pre-summoning evidence may be dispensed with under section 200 of Cr.P.C

a. If the complaint is supported by the affidavit of the complainant
b. If the complaint is made in writing by a public servant in the discharge of his official duties
c. both (A) and (B) are correct
d. only (A) is correct but (B) is incorrect
View Walkthrough →
AIBE IX Q.58 Walkthrough

A suit under section 6 of the Specific Relief Act, 1963 can be brought by:

a. trespasser
b. a tenant holding over
c. servant
d. manager
View Walkthrough →
AIBE IX Q.59 Walkthrough

Injunction cannot be granted in a suit:

a. in which the specific performance cannot enforced
b. for breach of negative contract to enforce specific contract
c. for declaration where the plaintiff is in possession
d. neither (A), nor (B), nor (C)
View Walkthrough →
AIBE IX Q.75 Walkthrough

Where the police submits a final report under section 173(2) of Cr.P.c. for dropping of proceedings to a Magistrate, the Magistrate

a. may accept the same
b. may reject the same
c. may reject the same and order further investigation
d. any of the above
View Walkthrough →
AIBE IX Q.76 Walkthrough

The orders under section 125 of Cr.P.C. are

a. summary in nature but finally determine the rights and obligations of the parties
b. summary in nature and do not finally determine the rights and obligations of the parties which are to be finally determined by a civil court
c. Substantive in nature and finally determine the rights and obligations of the parties
d. Substantive in nature and are not subject to determination of a right of the parties by a civil court
View Walkthrough →
AIBE IX Q.81 Walkthrough

Where co-judgment debtors are in the position of joint promisors, each is-

a. not jointly and severally liable to the decree holder
b. jointly and severally liable to the decree holder
c. jointly lable to the decree holder only
d. severally liable to the decree holder only
View Walkthrough →
AIBE IX Q.83 Walkthrough

Section 5 of the Limitation Act, 1963 applies to-

a. Suits
b. Execution
c. Election petitions
d. None of the above
View Walkthrough →
AIBE X Q.14 Walkthrough

An appeal to the High Court against the order of IT AT should be filed within:

a. 45 days when the order is communicated
b. 60 days when the order is communicated
c. 90 days when the order is communicated
d. 120 days when the order is communicated
View Walkthrough →
AIBE X Q.40 Walkthrough

Under Section 115, CPC, in the exercise of its revisional jurisdiction, a High Court can do which of the following things:

a. To call for the record of any case which has been decided by any Court, subordinate to the High Court.
b. To vary/reverse any decree or order against which an appeal lies to the High Court
c. Both (a) & (b)
d. None of the above
View Walkthrough →
AIBE X Q.50 Walkthrough

Under Section 114, a person can apply for review of judgment when:

a. He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed.
b. He is aggrieved by a decree/ order from which no appeal is allowed.
c. He is aggrieved by a decision on a reference from a court of small causes.
d. All of the above
View Walkthrough →
AIBE X Q.69 Walkthrough

A perpetual injunction can only be granted by the decree at the hearing and upon the:

a. Demand of the party
b. Discretion of the Court
c. Merit of the suit
d. None of the above
View Walkthrough →
AIBE X Q.70 Walkthrough

Under which section of CPC, option for settlement of dispute is provided outside the Court?

a. 80(1)
b. 89(2) .
c. 89(1)
d. 80(2)
View Walkthrough →
AIBE X Q.77 Walkthrough

Which of the following case is leading case in term of ‘deliberate delay in filing of the suit’ resulting in huge losses to the complainant?

a. Prof Krishanraj Goswami v. Vishwanath D. Mukashikar
b. Pratap Narayan v. Y . P . Raheja
c. Babulal Jain v. Subhash Jain
d. John D’ souza v. Edward Ani
View Walkthrough →
AIBE X Q.78 Walkthrough

In which of the following cases, it was said that “unless a right of appeal is clearly given by statute it does not exist”.

a. M/s. Ram Narayan Pvt. Ltd. v. Trading Corporation Ltd., AIR 1983 SC 786
b. Raja Himanshu Dhar Singh v. AddI. Registrar, AIR 1962 All. 439
c. Zair Hussain Khan v. Khurshed Jain, (1906) ILR 28 ALL 545
d. Smt. Gangabai v. Vijaya Kumar, AIR 1974, SC 1126
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AIBE X Q.81 Walkthrough

Under Section 18 of the Indian Evidence Act, the admission of which of the following person is not admissible against the other:

a. One of the plaintiffs
b. One of the defendants
c. Agents of the parties
d. Statement of the third party
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AIBE X Q.85 Walkthrough

Under Order 33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?

a. He is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
b. He is not entitled to property worth Rs. 1000
c. He has no sufficient means for his livelihood
d. He may present the application for permission to sue as an indigent either himself or through an authorized agent
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AIBE X Q.86 Walkthrough

A decree can be transferred for execution to another court:

a. If the judgment debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such court.
b. If the judgment debtor has property sufficient to satisfy the decree within the limits of that court.
c. If the decree directs the sale of delivery of immovable property situated outside the local limits of jurisdiction of the court which passed it.
d. All of the above.
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AIBE X Q.99 Walkthrough

Any person aggrieved by an order made by the Disciplinary Committee of the Bar Council of India under section 36 or 37 of the Advocates Act, may prefer an appeal to the:

a. High Court
b. Supreme Court
c. State Government
d. Central Government
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AIBE XI Q.7 Walkthrough

Provisions of Section 80 of CPC are binding on:

a. The High Court
b. The Court of civil judge
c. The District Judge
d. All of the above
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AIBE XI Q.8 Walkthrough

Temporary Injunction can be granted:

a. Suo moto
b. Ex parte
c. Hearing both parties
d. None of the above
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AIBE XI Q.9 Walkthrough

Right to Appeal is a

a. Natural Right
b. Inherent Right
c. Statutory Right
d. Delegated Right
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AIBE XI Q.62 Walkthrough

A decree can be

a. Final
b. Preliminary
c. Only Preliminary not final
d. Either preliminary or final
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AIBE XI Q.63 Walkthrough

Foreign Judgment is defined in CPC:

a. Under Section 2(6) of CPC
b. Under Section 2(7) of CPC
c. Under Section 2(8) of CPC
d. None of the above
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AIBE XI Q.71 Walkthrough

Sections 36 to 42 of Specific Relief Act provides

a. Injunctions
b. Court’s discretion on specific performance
c. Cancellation of instruments
d. None of the above
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AIBE XI Q.73 Walkthrough

In a suit where the doctrine of res judicata applies

a. The suit is liable to be dismissed
b. The suit is liable to be stayed
c. Both (a) and (b)
d. None of the above
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AIBE XI Q.74 Walkthrough

Under Section 16, CPC a suit relating to immovable property can be filed in a Court whose local jurisdiction is:

a. Where the property is situated
b. Where the defendant voluntarily resides or carries on business
c. Both (a) and (b)
d. None of the above
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AIBE XI Q.75 Walkthrough

Pleading means:

a. Plaint and written statement
b. Plaint only
c. Written statement
d. Oral statement by the pleader
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AIBE XI Q.76 Walkthrough

On failure to file a written statement, under Order VIII, Rule 10 of CPC, the Court may:

a. pass any other order
b. Order for striking off the decree
c. May pronounce the judgement at once
d. Any of the above
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AIBE XII Q.23 Walkthrough

Section 10 of the CPC provides for:

a. Stay of the suit
b. Summoning witness
c. Examination of witness
d. Sentencing the judgment
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AIBE XII Q.36 Walkthrough

Which of the following deals with plaint in interpleader-suits in the code of civil procedure?

a. Order 12, Rule 1
b. Order 17, Rule 10
c. Order 33, Rule 18
d. Order 35, Rule 1
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AIBE XII Q.50 Walkthrough

Doctrine of “LIS PENDENS” is given under which section of the Transfer of Property Act?

a. Section 41
b. Section 52
c. Section 53
d. Section 53A
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AIBE XII Q.57 Walkthrough

Recovery of specific immovable property is defined under-

a. Section 5 of Specific Relief Act
b. of IPC
c. Under Section 10 of Sale of Goods Act
d. None of the above
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AIBE XII Q.65 Walkthrough

Section 34 of the CPC provides:

a. The Payment of fine imposed by the Court
b. Payment of compensation to the other party
c. Payment of interest
d. None of the above
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AIBE XII Q.71 Walkthrough

The word “is not possessed of sufficient means” in Order 33 Rule 1 refer:

a. To dower debt due by the petitioner’s husband
b. To property over which petitioner has actual control
c. To sufficient property and excludes sole means livelihoods
d. None of these
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AIBE XII Q.73 Walkthrough

Clerical or arithmetical mistakes in judgments, decrees or orders etc. can be corrected:

a. Under Section 151 of CPC
b. Under Section 152 of CPC
c. Under Section 153 of CPC
d. Under Section 153A of CPC
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AIBE XII Q.92 Walkthrough

Which of the following is true of rules framed by the Supreme Court with reference to appeals to it?

a. They are a special law within section 4 of the Code of Civil Procedure
b. They must take precedence over section 114 or Order 47
c. Both (a) and (b)
d. None of these
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AIBE XX Q.9 Walkthrough

Under the Bharatiya Nyaya Sanhita, 2023, if a person is ordered to pay a fine of Rs 4,000 but fails to do so, what is the maximum simple imprisonment the court may impose on the defaulter?

a. One year
b. Two months
c. Four months
d. Six months
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AIBE XX Q.15 Walkthrough

As per Section 30 of Code of Criminal Procedure, 1973, if a Magistrate sen- tenced a person to two years’ imprisonment and a fine, what is the maximum imprisonment he may impose in default of payment of the fine?

a. 1 year
b. 2 years
c. 6 months
d. 3 months
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AIBE XX Q.17 Walkthrough

According to the Code of Civil Procedure, 1908, who can direct the Court that passed the decree to take security when an execution order is challenged in appeal?

a. Only the High Court exercising writ jurisdiction
b. The Appellate Court hearing the appeal
c. The District Registrar of Property Records
d. The Police Authority of the concerned jurisdiction
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AIBE XX Q.18 Walkthrough

Under the Code of Civil Procedure, 1908, how many High Court Judges con- stitute the judicial membership of the Rule Committee?

a. Three Judges of the High Court
b. Two Judges of the High Court
c. Four Judges of the High Court
d. Five Judges of the High Court
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AIBE XX Q.21 Walkthrough

Under Section 58 of the Code of Civil Procedure, 1908, what is the maximum period of detention in civil prison for a decree amount exceeding 5,000? 15

a. Six weeks
b. Two months
c. Three months
d. Six months
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AIBE XX Q.22 Walkthrough

Which of the following situation falls within Section 58(1)(b) of the Code of Civil Procedure, 1908?

a. Decree for 1,800, detention up to three months
b. Decree for 3,500, detention up to six weeks
c. Decree for 6,200, detention up to six months
d. Decree for 10,000, detention up to one year
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AIBE XX Q.23 Walkthrough

A civil suit is filed against Ajay, and the court issues summons requiring him to appear. After receiving the summons, Ajay consults his lawyer to understand the timeline for filing his written statement of defence under the Code of Civil Procedure, 1908. Within how many days from the date of service of summons must he submit his written statement?

a. Thirty days
b. Fifteen days
c. Sixty days
d. Ninety days
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AIBE XX Q.24 Walkthrough

How long does the registered address furnished under Section 14A(1) of the Code of Civil Procedure, 1908, remain valid if not changed?

a. Six years after final determination of the cause
b. Three years after the institution of the suit 17
c. Two years after final determination of the cause
d. Five years from the date of decree
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AIBE XX Q.27 Walkthrough

What is the maximum term of imprisonment prescribed under Section 31 of the Protection of Women from Domestic Violence Act, 2005 for breach of protec- tion order?

a. Six months
b. One year 19
c. Two years
d. Three years
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AIBE XX Q.30 Walkthrough

Under which provision can a citizen file a public case in the Court of Magistrate regarding issues of public interest?

a. Section 302 of the Indian Penal Code
b. Section 144 of Code of Criminal Procedure, 1973
c. Section 133 of Code of Criminal Procedure, 1973
d. Section 482 of Code of Criminal Procedure, 1973
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AIBE XX Q.40 Walkthrough

According to Section 35A of the Code of Civil Procedure, 1908, what is the maximum amount a Court can award as compensatory costs in ordinary cases?

a. 2,000
b. 10,000
c. 5,000
d. 3,000
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AIBE XX Q.48 Walkthrough

Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). Assertion (A):Under the Bharatiya Nagarik Suraksha Sanhita, 2023, if the proclaimed person appears within the time specified in the proclamation, the Court shall release the attached property.Reason (R):The attachment of property under the Bharatiya Nagarik Suraksha Sanhita, 2023 is intended to compel the appearance of the proclaimed person before the Court, not to permanently deprive him of his property.In the 34 context of the above assertion and reason, which one of the following is correct?

a. and the other labelled as Reason (R). Assertion (A):Under the Bharatiya Nagarik Suraksha Sanhita, 2023, if the proclaimed person appears within the time specified in the proclamation, the Court shall release the attached property.Reason (R):The attachment of property under the Bharatiya Nagarik Suraksha Sanhita, 2023 is intended to compel the appearance of the proclaimed person before the Court, not to permanently deprive him of his property.In the 34 context of the above assertion and reason, which one of the following is correct? (A) Both (A) and (R) are true, and (R) is the correct explanation of (A)
b. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
c. (A) is true, but (R) is false
d. (A) is false, but (R) is true
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AIBE XX Q.56 Walkthrough

For a petition for nullity of marriage under the Hindu Marriage Act, 1955, on the ground that consent was obtained by fraud, what is a statutory bar to granting the decree ?

a. The petition was filed more than six months after the discovery of the fraud.
b. The petitioner has lived with the respondent as husband and wife after the discovery of the fraud.
c. The fraud relates to the social status of the respondent’s family.
d. The parties have not attempted reconciliation through a counselling center.
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AIBE XX Q.61 Walkthrough

As per Section 11 of the Code of Civil Procedure, 1908 for Res Judicata to be applicable on a subsequent suit, the former suit I. has been finally decided. II. can only be instituted prior to the subsequent suit. III. relates to the same matter directly and substantially in issue in the subsequent suit. IV. is between the same parties, or between parties under whom they or any of them claim. Select the correct answer.

a. I, II and III
b. II, III and IV
c. I, III and IV
d. I, II, III and IV
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AIBE XX Q.62 Walkthrough

Where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportu- nity of showing cause, the Court is satisfied that the I. judgment-debtor, is likely to abscond or leave the local limits of the jurisdiction of the Court. II. judgment-debtor has, before the institution of the suit in which the decree was passed, dis- honestly transferred any part of his property. III. decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. IV. judgment-debtor has, or has had since the date of the decree, the means to pay substantial amount of the decree and neglected to pay the same. Select the correct answer.

a. I, II and III
b. II, III and IV
c. I, III and IV
d. I, II, III and IV
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AIBE XX Q.63 Walkthrough

As per The Code of Civil Procedure, 1908, a decree ex parte can be set aside against a defendant I. if he satisfies the Court that the summons was not duly served. II. if he satisfies the Court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing. III. if he satisfies the Court that there has been an irregularity in the service of summons despite the fact that defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim. IV. without notice being served on the opposite party. Select the correct answer.

a. I and II
b. I, II and III
c. I and IV
d. I, II, III and IV
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AIBE XX Q.69 Walkthrough

The grounds for decree for dissolution of marriage under Section 2 of the Dis- solution of Muslim Marriages Act, 1939 are that the : I. whereabouts of the husband have not been known for a period of two years. 52 II. husband has been sentenced to imprisonment for a period of five years. III. husband has failed to perform, without reasonable cause, his marital obligations for a pe- riod of two years. IV. husband has neglected or has failed to provide for maintenance of his wife for a period of one year. Select the correct answer.

a. III and IV
b. I and II
c. I, II, III and IV
d. None of these
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AIBE XX Q.71 Walkthrough

Under Section 37 of the Arbitration and Conciliation Act, 1996, which of the following orders is not appealable ?

a. Refusing to refer parties to arbitration under Section 8.
b. Refusing to appoint arbitrator under Section 11. 54
c. Refusing to grant any measure under Section 9.
d. Refusing to grant an interim measure under Section 17.
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AIBE XX Q.81 Walkthrough

In a criminal trial of defamation, the trial court, i.e., the High Court, has restrained publication of any news on the given case. Which of the following con- stitutional powers has been exercised by the High Court while passing given order?

a. Power to issue the writ of mandamus
b. Power to issue the writ of prohibition
c. Inherent power
d. Residuary power 62
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AIBE XX Q.85 Walkthrough

By virtue of Articles 129 and 215, the Supreme Court of India and the High Courts in the States are courts of record and possess contempt Jurisdiction. What is true about the lower Judiciary in the same connection?

a. Lower Judiciary has to bear with its contempt.
b. Lower Judiciary has to complain about its contempt to the Supreme Court of India.
c. Lower Judiciary can itself punish the contemnor for having caused its contempt.
d. The respective High Courts can take up the matter of such a contempt under whose juris- diction the lower court falls.
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AIBE XX Q.89 Walkthrough

Under the Specific Relief Act, 1963, when can a defendant in possession of movable property be compelled to deliver it to the plaintiff ?

a. When the property is held as agent or trustee of the plaintiff
b. When the property is held as mortgaged asset of the plaintiff
c. When the property is held as lessee or sub-tenant of the plaintiff
d. When the property is held as co-owner in common with the plaintiff
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AIBE XX Q.97 Walkthrough

In the following question, a Statement is followed by two Conclusions, I and II. Statement : Under the Protection of Women from Domestic Violence Act, 2005, a Magistrate may issue a protection order to prevent the respondent from committing acts of domestic violence, contacting the aggrieved person, alienating assets or stridhan without permission, or causing harm to her dependents. Conclusions : I. A protection order can cover not just physical violence but also financial and emotional aspects of domestic violence. II. The Magistrate has wide powers to restrict the respondent’s conduct to safe- guard the aggrieved person and her dependents. In the context of the above Statement and Conclusions under the Protection of Women from Domestic Violence Act, 2005, which one of the following is correct ?

a. Only Conclusion I follows
b. Only Conclusion II follows
c. Both Conclusions I and II follow
d. Neither Conclusion I nor II follows
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