Prelims · objective

AIBE 2015 (VIII) Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All AIBE papers

1. Question 1 · Prelims

   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.

   1. (A) Special issue
   2. (B) Preliminary issue
   3. (C) Res judicata
   4. (D) Res sub judice

   Answer: (B) Preliminary issue

2. Question 2 · Prelims

   The Supreme Court in ……... held that irrespective of where the 'central management and control is exercised' by a company, companies incorporated in India, cannot choose foreign law as the governing law of their arbitration.

   1. (A) TDM Infrastructure (P) Ltd. vs. UE Development India (P) Ltd.
   2. (B) Corned Chemicals Ltd. VS. C.N. Ramchand
   3. (C) Shreejee Traco (I) Pvt. Ltd. VS. Paperline International Inc
   4. (D) Bhatia International vs. Bulk Trading

   Answer: (A) TDM Infrastructure (P) Ltd. vs. UE Development India (P) Ltd.

3. Question 3 · Prelims

   There was a contract to supply oil - seeds. But the Government rendered the sale and purchase of oil - seed illegal under the Defence of India Rules. Identify the effect.

   1. (A) Party at default is held liable
   2. (B) Both parties are discharged from the performance of such contract
   3. (C) Both parties are directed specific performance of the contract
   4. (D) None of the above

   Answer: (B) Both parties are discharged from the performance of such contract

4. Question 4 · Prelims

   If by imposing solitary confinement there is total deprivation of comraderie (friendship) 'amongst co - prisoners coming and taking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix, mingle, talk, Share Company with co - prisoners if substantially curtailed would be violative of Article 21 - This was held in the case of

   1. (A) Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675
   2. (B) Kishore Singh vs State of Rajasthan, AIR 1981 SC 625
   3. (C) D.K. Basu vs State of West Bengal, AIR 1997 SC 610
   4. (D) Parmanand Katara vs Union of India, AIR 1989 SC 2039

   Answer: (A) Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675

5. Question 5 · Prelims

   The Supreme Court observed, Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis - a - vis the tortious principle of strict liability. In such a case, the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation must have a deterrent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation payable by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise. Name the case.

   1. (A) Subhash Kumar vs. State of Bihar 1991
   2. (B) Rural Litigation and Entitlement Kendra vs. State of U.P., 1985
   3. (C) M.C. Mehta vs. Union of India, 1986
   4. (D) Union Carbide vs. Union of India, 1984

   Answer: (C) M.C. Mehta vs. Union of India, 1986

6. Question 6 · Prelims

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

   1. (A) In the Court which had passed the decree
   2. (B) In the Court to which territorial jurisdiction was transferred only
   3. (C) In either of the Court under (1) or
   4. (D) In any Court in India

   Answer: (A) In the Court which had passed the decree

7. Question 7 · Prelims

   Identify the wrong statement from the following,

   1. (A) An indemnity is for reimbursement of a y loss, while a guarantee is for security of the creditor
   2. (B) In a contract of indemnity, the liability of the indemnifier is secondary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is primary and arises when the principal debtor defaults.
   3. (C) The indemnifier after performing his part of the promise has no rights against to the third party and he can sue the third party only if there is an assignment in his favor. Whereas in a contract of guarantee, the surety steps into the shoes of the creditor on discharge of his (liability, and may sue the principal debtor,
   4. (D) In a contract of indemnity, the liability of the indemnifier is primary and arises when the contingent event occurs. In case of contract of guarantee the liability of surety is secondary and arises when the principal debtor defaults.

   Answer: (B) In a contract of indemnity, the liability of the indemnifier is secondary and arises when the contingent event occurs. In case of contract of guarantee, the liability of surety is primary and arises when the principal debtor defaults.

8. Question 8 · Prelims

   The doctrine of civil conspiracy was enunciated by the House of Lords in

   1. (A) Walsby vs. Anley
   2. (B) Moghul Steamship Company vs. Mc. Gregor Gow and Company
   3. (C) Alien vs. Flood
   4. (D) Quinn vs. Leathem

   Answer: (D) Quinn vs. Leathem

9. Question 9 · Prelims

   The Indian who is presently a member of International Court of Justice

   1. (A) Justice A.S. Anand
   2. (B) Justice Bhagwati
   3. (C) Justice Dalveer Bhandari
   4. (D) Justice Nagendra Singh

   Answer: (C) Justice Dalveer Bhandari

10. Question 10 · Prelims

    According to Environmental (Protection) Act of 1986 “environmental pollutant” means —

    1. (A) any solid, liquid or gaseous substance 'present in such concentration as may be, or tend to be, injurious to environments
    2. (B) any substance present in such concentration as may be, or tend to be, injurious to environment
    3. (C) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to a person
    4. (D) any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the society

    Answer: (A) any solid, liquid or gaseous substance 'present in such concentration as may be, or tend to be, injurious to environments