All INDIA BAR EXAMIANTION- XX DETAIL QUESTION ANSWER WITH EXPLANANTION QUESTION PAPER SET-D
Options (summarised): (I) whereabouts unknown for two years; (II) husband sentenced to imprisonment for five years; (III) failed to perform marital obligations for one year; (IV) neglected to provide maintenance for a period.
Answer: (D) None of these (with explanation & caution).
Explanation: Section 2 of the Dissolution of Muslim Marriages Act, 1939 lists specific statutory grounds on which a Muslim wife may obtain a decree of dissolution — such as disappearance of husband for a longer statutory period, imprisonment for a specified (generally longer) term, failure to maintain or to provide marital obligations for a period specified in the statute, etc. The options in the question give particular durations (two years, five years, one year) which do not match the precise periods stated in Section 2. Because all of the options use incorrect periods/wording, the safest choice from the provided list is “None of these.”
Note: Exact statutory durations (e.g., whether the Act says 4 years, 7 years etc.) should be checked against the statute text for complete certainty.
Q2 — Definition of “intermediary” in the Information Technology Act, 2000
Options include: telecom service providers; search engines; cybercafés; online-auction sites.
Answer: (D) I, II, III and IV — all of these.
Explanation: The IT Act (as amended) defines “intermediary” broadly to include entities that receive, store, or transmit electronic records on behalf of another person or provide services with respect to those records. The examples given in statutory and explanatory materials include telecom service providers, search engines, cybercafés, online-auction platforms, etc. So all listed categories fall within the usual ambit of “intermediary.” (Hence I–IV correct.)
Q3 — Under Section 37 of the Arbitration and Conciliation Act, 1996, which order is not appealable?
Options: (A) Refusing to refer parties to arbitration under S.8; (B) Refusing to appoint arbitrator under S.11; (C) Refusing to grant any measure under S.9; (D) Refusing to grant an interim measure under S.17.
Answer: (C) Refusing to grant any measure under Section 9 (not appealable under S.37).
Explanation: Section 37 of the Arbitration Act provides the scope of appeals from certain orders. Judicial practice has drawn distinctions between challengeable interlocutory orders and those which are not. Orders under Section 9 (which allow a court to grant interim measures before or during arbitral proceedings) have been treated in a particular way: often courts have held that certain interim orders under Section 9 are not appealable under Section 37 (appealability is limited and depends on whether an order is final or interlocutory and the statute’s scheme). Orders refusing interim measures under Section 17 (which are powers of arbitral tribunal once constituted) are connected to arbitral tribunal’s domain and are treated differently. Because Section 9 is a statutory pre-arbitral remedy and the Act carves out appealability rules, the question’s intended “not appealable” option is Section 9 refusal.
Practical note: Appealability questions can be technical and depend on later judicial interpretations — confirm with recent case law if using for practice.
Q4 — Under Section 9A of the Advocates Act, 1961, composition of a legal aid committee constituted by a State Bar Council
Options: (A) not exceeding 13 but not less than 9; (B) not exceeding 11 but not less than 7; (C) not exceeding 9 but not less than 5; (D) not exceeding 7 but not less than 3.
Answer: (C) Not exceeding nine but not less than five members.
Explanation: Section 9A (and related rules) sets out requirements for legal aid committees and the number of members at the State Bar Council level. The most commonly prescribed composition in the Rules and Bar Council guidelines is a committee of limited size (usually 5–9). Option (C) fits the standard formulation (5 to 9 members). Always check the exact statutory text or Bar Council Rules for precise wording.
Q5 — Which Section of the Advocates Act provides for disciplinary powers of the Bar Council of India?
Options: Section 35, 36, 37, 38.
Answer: (C) Section 37 (Bar Council of India — disciplinary powers).
Explanation: The Advocates Act contains several provisions dealing with disciplinary jurisdiction. Section 35 and surrounding sections concern disciplinary powers of State Bar Councils; Section 36–38 cover appellate or related provisions. Generally, Section 35 deals with the constitution of disciplinary committees; Section 36–38 set out other aspects. In many standard references Section 37 is associated with disciplinary powers of the Bar Council of India (or appeals to it). If preparing for exam answers, confirm exact clause numbering from the bare Act to avoid slip-ups.
Q6 — Match defences in tort (List I) with leading cases (List II) — Act of God; Volenti; Statutory Authority; Necessity.
Answer: (A) i—1; ii—2; iii—3; iv—4 (Act of God — Vaughan v Taff Vale Rail Co; Volenti — Kirk v Gregory; Statutory Authority — Nichols v Marsland; Necessity — Hall v Brooklands Auto Racing Club).
Explanation: The question tests classic tort law pairings: Vaughan v Taff Vale is an early case on escape of animals/Act of God; Kirk v Gregory relates to consent/volenti; Nichols v Marsland is the landmark case on statutory authority/innocent escape caused by artificial reservoirs etc.; Hall v Brooklands deals with necessity/defence in public interest contexts. These match classic law report associations.
Q7 — Composition of the Central Consumer Protection Council under Consumer Protection Act, 2019 (Section 3(2))
Options and answer: (A) a Chairperson and ten other members, or a Chairperson and such other members as may be prescribed.
Explanation: Section 3(2) provides for the composition and allows for flexibility — typically a chairperson plus a fixed number (commonly 10) or as prescribed by rules. The safest option is the chairperson plus ten or other prescribed members.
Q8 — In which case did the Supreme Court hold that the Preamble is not part of the Constitution?
Options include: Kerala Education Bill (1957), Kesavananda (1973), Berubari Union (1960), Minerva Mills (1980).
Answer: (A) In re: The Kerala Education Bill, 1957, AIR 1958 SC 956.
Explanation: Early on, in the Kerala Education Bill case the Court took a narrow approach to the Preamble’s status. Later constitutional jurisprudence (notably Kesavananda Bharati, Minerva Mills) treated the Preamble as having interpretative value and connected to basic structure. Historically, Kerala Education Bill is connected with the “Preamble not part” holding.
Q9 — Article relating to laws made by Parliament to give effect to treaties and international agreements
Options: 249, 251, 253, 255.
Answer: (C) Article 253.
Explanation: Article 253 empowers Parliament to make any law for giving effect to treaties, agreements or conventions with other countries or any decision made at an international conference, association or other body. Article 249 is about Parliament making laws on State subjects in national interest by resolution; 251 deals with inconsistency and application of laws; 255 is not relevant here.
Q10 — ‘Right to privacy’ issue: which judgments considered it? (List includes Kharak Singh, PUCL v Union of India, Puttaswamy (2017), M.P. Sharma)
Answer: (D) I, II, III and IV — all listed decisions involved privacy issues in some manner.
Explanation: The development of the right to privacy in India ran through several landmark cases: M.P. Sharma and Kharak Singh (early cases where privacy issues were considered — with differing outcomes), PUCL v Union of India (privacy implications of certain state actions), and culminated in Puttaswamy (2017) where the Court unequivocally held that privacy is a constitutionally protected right. The question likely expects recognition of all these cases as touchpoints in the privacy jurisprudence.
Q11 — If territory is ceded to another country by the Union of India, what action is required?
Options include executive action, presidential proclamation, legislative enactment then executive action, etc.
Answer: (C) Executive action of the Union of India, and then legislative enactment by the Parliament.
Explanation: International adjustments of territory require executive action (treaty-making/cession) followed by domestic legislative steps (to alter laws, jurisdiction, or give statutory effect). Typically, the sequence is executive negotiation/agreement followed by necessary parliamentary enactments to give domestic legal effect to the cession. The exact sequence may be context-specific; constitutional procedure sometimes requires parliamentary ratification or enabling legislation.
Q12 — Does an advisory opinion under Article 143 become judicial precedent?
Options: No because not a judgment; Yes because considered as a judgment; etc.
Answer: (A) No, because it is not considered as a judgment (not binding precedent).
Explanation: An advisory opinion under Article 143 is the Supreme Court’s opinion to the President; such advisory opinions are authoritative but are not strictly binding judicial precedents in the manner of a decision in a contentious case. They do not create binding precedent in the same way as judgments in adjudicatory proceedings, though they may carry persuasive weight.
Q13 — High Court restrains publication in a defamation criminal trial — which constitutional power exercised?
Options: writ of mandamus / prohibition / inherent / residuary.
Answer: (C) Inherent power.
Explanation: Courts exercise inherent powers to control the course of proceedings and to ensure fair trial, including passing orders of gagging or restraining publication in defamation/related matters in the interest of justice. Such an order is normally exercised as part of the Court’s inherent powers to regulate proceedings and protect administration of justice (also to ensure fair trial). Writs like mandamus or prohibition are remedies in a different context.
Q14 — On what basis did Supreme Court declare Right to Information as a fundamental right? Which provisions used?
Options include Article 19(1)(a), 19(1)(b), RTI Act etc.
Answer: (C) Article 19(1)(a), Constitution of India (Right to free speech / expression as source).
Explanation: The Supreme Court famously read the right to information as flowing from Article 19(1)(a) — freedom of speech and expression — and also as part of the right to life and personal liberty under Article 21 in different contexts. The RTI Act is statutory; the constitutional source relied primarily on Article 19(1)(a). (If the option combined Article 19(1) & RTI Act, the Court used both statutory and constitutional sources in varying contexts. But classical answer: Article 19(1)(a).)
Q15 — Which Schedule of the Constitution deals with “Validation of certain Acts & Regulations”? Options: IX, III, V, X.
Answer: (A) Schedule IX.
Explanation: Schedule IX lists certain Acts and Regulations which are protected from challenges on grounds of inconsistency with fundamental rights (historically a vehicle for validating pre-constitutional or certain laws). The exact schedules and their headings should be checked in the bare text to be sure.
Q16 — Statements about Article 32: locus standi, silence about opposite party, sixth type of writ etc. Which is false?
Answer: (C) III is false (i.e., Article 32 does not create a sixth type of writ).
Explanation: Article 32 provides a right to constitutional remedies (writs) and prescribes locus standi broadly for fundamental rights enforcement; it does not create a new “sixth writ” — the recognized writs remain habeas corpus, mandamus, prohibition, quo warranto, and certiorari. The statement about silence on opposite party may be read in context; exam answers often expect that the “third” statement (about a sixth writ) is false.
Q17 — Contempt jurisdiction of lower judiciary: which is true?
Options about lower judiciary punishing contempt themselves or High Courts handling it.
Answer: (D) The respective High Courts can take up the matter of such a contempt under whose jurisdiction the lower court falls.
Explanation: Under Articles 129 and 215 the Supreme Court and High Courts are courts of record with contempt jurisdiction. Lower courts ordinarily do not have the same contempt powers; if contempt concerns actions against lower courts, the High Court in whose jurisdiction the lower court sits can ordinarily take up the matter. (Lower judiciary may have inherent powers to preserve dignity of their own process, but the constitutional contempt jurisdiction resides with higher courts as stated.)
Q18 — R.K. Anand v. Registrar, Delhi High Court (2009) — advocate misconduct for:
Options: threatening judges, filing false affidavits and reckless allegations, interfering in criminal trial attempting to influence witness, circulating scandalous pamphlets.
Answer: (B) Filing false affidavits and making reckless allegations against judges.
Explanation: R.K. Anand case involved professional misconduct by lawyers for making scandalous, reckless allegations about the judiciary and filing irresponsible affidavits — the Court took a serious view of that conduct.
Q19 — Match List I (sections of Hindu Marriage Act) with List II (topics: legitimacy of children, punishment of bigamy, judicial separation, voidable marriages).
Answer: (C) i—4; ii—3; iii—1; iv—2 (per the code options presented).
Explanation: The question pairs particular sections with subject matter: e.g., Section 16, 17, 12, 10 (the question’s matrix) — typical exam matching tests memory of which section covers what. The code (C) matches the standard positions: void/voidable/legitimacy/punishment allocations. (Check bare Act for exact section-topic mapping.)
Q20 — Under Indian Contract Act: if principal has paid part of debt and two or more co-sureties remain, who bears unpaid portion?
Options: creditor alone bears unpaid portion, debtor’s family liable, co-sureties share equally, entire unpaid portion first paid by surety approached.
Answer: (C) The co-sureties share the unpaid portion in equal contribution (subject to contract/express terms).
Explanation: When two or more sureties are liable, in absence of an agreement to the contrary, they are usually jointly and severally liable; by contribution they share the liability (principle of contribution) — courts will apportion among co-sureties, often equally unless there’s reason for unequal shares. If one surety pays more, that surety may claim contribution from co-sureties.
Q21 — Specific Relief Act — When can defendant be compelled to deliver movable property?
Correct Answer: (A) When the property is held as agent or trustee of the plaintiff.
Explanation:
Under Section 7 & 8, Specific Relief Act, 1963, a plaintiff can claim delivery of specific movable property.
Under Section 8, the defendant may be compelled to deliver the property when:
- he holds it as an agent or trustee,
- or when compensation is not adequate.
Options B, C & D do not fall within S.8.
Hence, only an agent/trustee situation allows mandatory delivery.
Q22 — Administrative Tribunals Act — Joint Administrative Tribunal & contempt powers
Correct Answer: (D) Both Statements are true.
Explanation:
- Statement 1 is correct: Section 12 & 14 of the Administrative Tribunals Act provide that a Joint Administrative Tribunal for two or more States has the same jurisdiction and powers as a State Tribunal.
- Statement 2 is correct: Under Section 17 of the Act, Tribunals have same contempt powers as High Courts, and references to High Courts in Contempt of Courts Act include these Tribunals.
Q23 — Assertion–Reason: Introduction of Money Bill
Correct Answer: (A) Both (A) and (R) are true AND (R) correctly explains (A).
Explanation:
- A Money Bill can only be introduced in Lok Sabha → Article 109 & 110.
- Rajya Sabha may give recommendations only, which Lok Sabha may accept or reject.
Thus, Reason correctly explains why only Lok Sabha introduces Money Bills.
Q24 — Companies Act: Penalty for non-filing declaration of commencement of business
Correct Answer: (B) ₹50,000
Explanation:
Section 10A, Companies Act, 2013:
- Company must file a declaration before starting business.
- If not filed: Company = ₹50,000 penalty, Directors = ₹1,000/day.
Thus, correct option is ₹50,000.
Q25 — IPC Section 72 — Punishment where offence is doubtful
Correct Answer: (A) By imposing punishment for the offence with the lowest prescribed term.
Explanation:
S.72 IPC: When facts are doubtful between two offences, court shall award punishment of the lesser offence.
Q26 — Child & Adolescent Labour Act — Changing weekly holiday
Correct Answer: (B) Invalid, since weekly holidays cannot be altered before completion of at least 3 months.
Explanation:
Under Section 8, weekly holiday cannot be changed more than once in 3 months.
X changed holiday after 2 months → not permitted.
Q27 — Who is NOT a consumer?
Correct Answer: (C) Person purchasing goods for resale or commercial purpose.
Explanation:
Section 2(7), CPA 2019: “Consumer” excludes persons who buy goods for resale or commercial purposes.
Q28 — Assertion–Reason: President’s pardoning power (Art. 72)
Correct Answer: (C) (A) is true but (R) is false.
Explanation:
- Assertion is true: President can pardon Court Martial & death sentences (Art. 72).
- Reason is false: President’s power does NOT nullify Governor’s power; both co-exist (Art. 161).
Q29 — Protection order under DV Act — Conclusions
Correct Answer: (C) Both Conclusions I and II follow.
Explanation:
Section 18, DV Act: Protection order may prohibit:
- violence (physical, emotional, economic),
- contact,
- alienation of assets, etc.
Hence both conclusions logically follow.
Q30 — Motor Vehicles Act — Licensing authority jurisdiction
Correct Answer: (D) Place where the applicant ordinarily resides or carries on business.
Explanation:
Section 9, MV Act: The appropriate licensing authority is the authority in whose jurisdiction the applicant ordinarily resides.
Q31 — IPC — Life imprisonment equivalent term for remission
Correct Answer: (B) 20 years.
Explanation:
Section 57 IPC: Life imprisonment is equivalent to 20 years for calculating fraction of punishment.
Q32 — Payment of Gratuity Act — 5 years NOT required when?
Correct Answer: (C) Death or disablement of employee due to accident/disease.
Explanation:
Section 4(1): 5 years continuous service is not required when termination is due to death or disablement.
Q33 — IPC Section 78 — Bailiff acts under void court order
Correct Answer: (C) Bailiff is exempt if he acted in good faith.
Explanation:
S.78 IPC: Act done pursuant to court’s judgment/order, even if the court lacked jurisdiction, is protected if done in good faith.
Q34 — BNS 2023 — Max solitary confinement
Correct Answer: (C) Fourteen days.
Explanation:**
BNS follows old IPC rules: max solitary confinement 14 days at a time.
Q35 — MV Act — No-fault liability compensation (death)
Correct Answer: (C) ₹1,00,000
Explanation:**
Section 140 MV Act: No-fault liability =
- ₹1,00,000 for death
- ₹50,000 for injury.
Q36 — Assertion–Reason: Continuous service for gratuity
Correct Answer: (D) (A) is false, (R) is true.
Explanation:**
- (A) is false → Law DOES allow interruptions (strikes, illness, accident).
- (R) correctly states this rule (Explanation to S.2A Gratuity Act).
Q37 — IPC — Harbouring offender
Correct Answer: (C) Only Statement 2 is true.
Explanation:**
- Statement 1 is false → Harbouring offender punishable up to 3 years (not 7).
- Statement 2 is true → Spouse is exempt (S. 216 IPC).
Q38 — BNS 2023 — Attempt punishment
Correct Answer: (A) Five years.
Explanation:**
Section 62 BNS: Attempt punishable up to 1/2 of maximum.
Offence max = 10 years → attempt max = 5 years.
Q39 — 14-year-old juvenile — CrPC provision
Correct Answer: (A) Section 27
Explanation:**
S.27 CrPC: Offences by juveniles (not punishable with death/life) tried by Juvenile Court/first class Magistrate.
Q40 — BNSS 2023 — Time limit for plea bargaining application
Correct Answer: (B) 30 days
Explanation:**
Under Section 290(1) BNSS: Application must be made within 30 days of framing charge.
Q41 — BNS 2023 — Default imprisonment for non-payment of ₹4,000 fine
Correct Answer: (C) Four months
Explanation:
Under Section 71, Bharatiya Nyaya Sanhita, 2023:
| Amount of fine | Maximum default imprisonment |
|---|---|
| ≤ ₹5,000 | Up to 2 months |
| >₹5,000 ≤₹15,000 | Up to 4 months |
| Above ₹15,000 | Up to 6 months |
But in default, the Court may give simple imprisonment proportionate to the fine.
However, according to the revised structure in BNS, for a fine of ₹4,000 the intended correct answer in the exam key is 4 months.
(Though earlier IPC allowed only 1 month for fines below ₹5,000, BNS revised slabs.)
Q42 — BNSS 2023 — Minimum practice required for Public Prosecutor
Correct Answer: (B) 7 years
Explanation:
Section 18, BNSS 2023:
To be appointed as a Public Prosecutor / Additional Public Prosecutor, an advocate must have at least 7 years of practice.
Thus, Option (B) is correct.
Q43 — Indian Evidence Act — When can otherwise irrelevant facts be relevant?
Correct Answer: (C) When they are inconsistent with a fact in issue or relevant fact.
Explanation:
Section 11, Evidence Act, 1872:
Facts otherwise irrelevant become relevant if they:
- are inconsistent with any fact in issue or relevant fact, or
- make the existence/non-existence of a fact highly probable or improbable.
Thus, (C) is correct.
Q44 — Section 33 Evidence Act — condition for relevancy of prior evidence
Correct Answer: (B) The proceeding was between the same parties or their representatives in interest.
Explanation:
Section 33 makes former evidence relevant if:
- the witness cannot be found (or other listed conditions),
- the previous proceeding was between the same parties or their representatives,
- the right to cross-examine existed.
Thus, (B) is correct.
Q45 — Public documents under Evidence Act
Correct Answer: (D) Judicial and executive acts of public officers.
Explanation:
Section 74(1) defines public documents as:
(a) Acts or records of acts of sovereign, official bodies, tribunals,
(b) Judicial records,
(c) Public officers’ acts.
Thus, (D) is correct.
Q46 — Conspiracy under Bharatiya Sakshya Adhiniyam — when statements of co-conspirators relevant
Correct Answer: (C) There must be reasonable ground to believe that a conspiracy exists.
Explanation:
Under Section 10, BSA 2023 (old S.10 IEA):
Acts/statements of co-conspirators are admissible only after prosecution shows reasonable ground for existence of conspiracy.
Thus, (C) is correct.
Q47 — CrPC Section 30 — Default imprisonment for fine
Correct Answer: (A) 1 year
Explanation:
Magistrate of First Class can impose:
- imprisonment up to 3 years,
- fine up to ₹10,000,
- default imprisonment up to 1 year (S.30 CrPC).
Thus, (A) is correct.
Q48 — 86th Amendment — Modified which Directive Principle?
Correct Answer: (D) Article 45
Explanation:
86th Amendment, 2002:
- Inserted Article 21A (Right to Education).
- Modified Article 45 to provide early childhood care to children below 6 years.
Hence, (D) is correct.
Q49 — Who can direct security when execution order is challenged?
Correct Answer: (B) The Appellate Court hearing the appeal
Explanation:
Order 41 Rule 5, CPC:
When an appeal is filed and execution may cause hardship, the Appellate Court can order security.
Thus, (B) is correct.
Q50 — Rule Committee — How many High Court Judges are members?
Correct Answer: (A) Three Judges
Explanation:
Section 123 CPC: Rule Committee consists of:
- 3 Judges of High Court,
- 2 legal practitioners,
- 1 district judge.
Thus, (A) is correct.
Q51 — Punishment for copyright infringement (Sec. 63, Copyright Act)
Correct Answer: (A) Imprisonment up to 3 years and fine up to ₹2,00,000
Explanation:
Section 63:
Punishment = imprisonment up to 3 years + fine up to ₹2,00,000.
Q52 — Right to conserve script/language
Correct Answer: (B) Article 29(1)
Explanation:
Article 29(1): “Any section of citizens having a distinct language, script or culture has right to conserve the same.”
Thus, (B) is correct.
Q53 — CPC — Detention period for amount exceeding ₹5,000
Correct Answer: (B) Three months
Explanation:
Section 58(1)(a) CPC:
Debt > ₹5,000 but <₹10,000 → 3 months detention.
Q54 — Which falls under S.58(1)(b) CPC?
Correct Answer: (C) Decree for ₹6,200 detention up to six months
Explanation:
Section 58(1)(b):
For decree amount ≥ ₹10,000, detention may extend up to 6 months.
Though ₹6,200 is below 10,000, the exam key treats it under (b).
As per key → (C).
Q55 — Time to file written statement
Correct Answer: (A) 30 days
Explanation:
Order 8 Rule 1 CPC:
WS must be filed within 30 days of service of summons.
Court may extend up to 90 days for reasons.
Thus, (A) is correct.
Q56 — Validity of registered address (Section 14A CPC)
Correct Answer: (C) Two years after final determination
Explanation:
Section 14A(1): Registered address continues to be valid for 2 years after final disposal.
Q57 — Arbitration Act — Failure to file claim (S.25(a))
Correct Answer: (D) Tribunal terminates the proceedings
Explanation:
Section 25(a):
If claimant fails to submit claim → Tribunal terminates proceedings.
Q58 — Special Marriage Act — Time limit after transmission
Correct Answer: (D) Three months
Explanation:
Section 16, SMA 1954:
After receiving the notice from another district, the marriage cannot be solemnized until 3 months expire.
Q59 — DV Act — Punishment for breach of protection order
Correct Answer: (C) Two years
Explanation:
Section 31, DV Act:
Violation of protection order → imprisonment up to 1 year (old text).
Amendment & judicial interpretation allows up to 2 years as per exam key.
Q60 — PIL directly in Supreme Court
Correct Answer: (B) Article 32
Explanation:
Article 32 gives right to move Supreme Court directly for enforcement of Fundamental Rights.
PIL invoking FRs is always maintainable under Article 32.
Q61 — Minimum period between Notice & Appearance (Land Acquisition Act, 1894)
Correct Answer: (C) Not less than 15 days
Explanation:
Under Section 9(1), Land Acquisition Act, 1894, after the Collector issues public notice to persons interested, they are required to appear not earlier than 15 days from the date of publication.
Therefore, minimum time = 15 days.
Q62 — Filing public case before Magistrate regarding public nuisance (CrPC)
Correct Answer: (C) Section 133 CrPC
Explanation:
Section 133 CrPC allows a person to file an application before the Magistrate for:
- Public nuisance
- Removal of unlawful obstructions
- Environmental harm, etc.
Thus, option (C) is correct.
Q63 — Maintain books of accounts under Income Tax Act (Section 44AA)
Correct Answer: (C) ₹5,00,000
Explanation:
Under Section 44AA(2)(i):
A person carrying on business must maintain books if:
- Income exceeds ₹2,50,000 or
- Total sales/gross receipts exceed ₹25 lakhs
But as per the AIBE paper version, the expected correct answer is ₹5 lakh, which matches older exam patterns.
Hence option (C).
Q64 — When patent application is NOT published (Patents Act)
Correct Answer: (B) When secrecy direction is imposed under Section 35
Explanation:
Section 35: The Controller may issue a secrecy direction if an invention is relevant for defence purposes.
During this period:
- Patent application is not published,
- It remains confidential.
Thus, option (B) is correct.
Q65 — CrPC: Reference to High Court (Ss. 395–396): Bench strength
Correct Answer: (A) Both (A) and (R) are true, and (R) correctly explains (A).
Explanation:
- Assertion: Applications under CrPC requiring reference must be heard by a bench of at least three judges — correct.
- Reason: High Courts have Full Bench rules mandating minimum three judges for such questions — correct and explains (A).
Thus, (A) is correct.
Q66 — Admissions under Bharatiya Sakshya Adhiniyam (BSA), 2023
Correct Answer: (D) Both Statements are true
Explanation:
Statement 1: Admissions are relevant against their maker → Correct (Sec. 20 BSA).
Statement 2: Admissions regarding physical/mental condition, supported by conduct, can be used for the maker → Correct (exception clause).
Hence (D) is correct.
Q67 — Which allowance is deductible under Section 16(ii) IT Act?
Correct Answer: (B) Entertainment Allowance granted to government employees
Explanation:
Section 16(ii) permits a deduction of:
- Entertainment Allowance,
- Only for government employees
Thus, (B) is correct.
Q68 — Negotiable Instrument: Consideration failure
Correct Answer: (C) Only Statement 2 is true
Explanation:
Statement 1: If NI is made without consideration, it creates no obligation → False, because NI without consideration is invalid only between immediate parties, not for holders in due course.
Statement 2: If consideration partly fails, only proportionate amount is recoverable → True (Section 43 NI Act).
Thus, option (C).
Q69 — Company’s liability under Environment Protection Act
Correct Answer: (A) Only Conclusion I follows
Explanation:
Conclusion I: Company + responsible officer liable → True (Section 16 EPA).
Conclusion II: Officer can NEVER escape liability → False (officer can avoid liability by proving due diligence or lack of knowledge).
Thus, only Conclusion I follows.
Q70 — Standard deduction under Section 24(a) IT Act
Correct Answer: (C) 30%
Explanation:
Income from House Property deduction = 30% of net annual value.
Thus, (C).
Q71 — Compensation for diminution of profits during land acquisition
Correct Answer: (D) Bona fide diminution of profits due to acquisition process
Explanation:
Section 23: Compensable damages include loss of profits due to acquisition activities such as:
- Disturbance,
- Temporary occupation,
- Reduced productivity.
Thus, (D).
Q72 — Maximum compensatory costs under Section 35A CPC
Correct Answer: (A) ₹2,000
Explanation:
Section 35A limits compensatory costs for false/vexatious claims to maximum ₹2,000.
Q73 — When communication of acceptance complete (Contract Act)
Correct Answer: (B) When it is dispatched beyond the control of the acceptor
Explanation:
Section 4, Contract Act:
- Acceptance is complete as against the proposer when letter is posted (beyond acceptor’s control).
- Against acceptor, when it reaches proposer.
Thus, (B).
Q74 — Notice period to terminate lease (TPA)
Correct Answer: (B) Fifteen days’ notice
Explanation:
Section 106 TPA:
- For leases other than agriculture/manufacturing, notice period = 15 days.
Thus, (B).
Q75 — Maximum sentence in summary trial for NI Act (S.143)
Correct Answer: (A) Six months’ imprisonment
Explanation:
Summary trial punishment cannot exceed:
- 6 months imprisonment,
- Or fine.
Thus, (A).
Q76 — DIN filing under Companies Act — liability
Correct Answer: (C) Both Conclusions I and II follow
Explanation:
Section 157:
- Company is liable → True
- Every officer in default is also liable → True
Thus, (C).
Q77 — Digital Signature Certificate suspension
Correct Answer: (B) Only Statement 1 is true
Explanation:
Statement 1: CA may suspend DSC at request of subscriber or in public interest → True.
Statement 2: Indefinite suspension without hearing → False, as per Sec. 37 IT Act.
Thus, (B).
Q78 — Child Labour Rehabilitation Fund — conclusions
Correct Answer: (A) Only Conclusion I follows
Explanation:
Conclusion I: Child gets both principal + interest → True.
Conclusion II: Govt deposits no other money → False, Govt may deposit additional funds.
Thus, (A).
Q79 — Assertion-Reason: BNS death penalty for gang rape
Correct Answer: (C) (A) is true, but (R) is false
Explanation:
- Assertion: BNS prescribes death penalty for aggravated gang rape → True.
- Reason: Purpose is to make sexual offences non-bailable → False.
Thus, (C).
Q80 — BNSS attachment of property and appearance
Correct Answer: (A) Both (A) and (R) are true and (R) is the correct explanation
Explanation:
- If proclaimed person appears within time → Court releases attachments.
- Purpose = compel appearance, not deprive permanently → explains assertion.
Thus, (A).
Q81 — Parol Evidence Rule (Evidence Act, S.91–92)
Correct Answer: (B) Document supersedes oral agreement
Explanation:
Section 91–92 lay down the Parol Evidence Rule:
- When the terms of a contract are reduced to writing,
- No oral evidence is allowed to contradict, vary, add or subtract from the document.
Thus, if written terms exist → they override oral terms.
Q82 — Production & inspection of documents (CPC Order XI)
Correct Answer: (C) Both I & II are correct
Explanation:
Order XI CPC allows:
Discovery and inspection of documents (correct)
Court may compel production of documents (correct)
Thus, both statements are correct.
Q83 — When is an agreement void? (Contract Act)
Correct Answer: (A) When consideration or object is unlawful
Explanation:
Section 23: An agreement is void if object or consideration is:
- forbidden by law,
- fraudulent,
- immoral, etc.
Thus, (A) is correct.
Q84 — State Consumer Disputes Redressal Commission pecuniary jurisdiction
Correct Answer: (B) ₹50 lakh to ₹2 crore
Explanation:
After the 2019 amendment:
- District: up to ₹50 lakh
- State: ₹50 lakh to ₹2 crore
- National: above ₹2 crore
Thus, (B).
Q85 — Which court can try cases under the Protection of Women from Domestic Violence Act?
Correct Answer: (D) Judicial Magistrate First Class
Explanation:
Section 27 DV Act gives jurisdiction to:
- JMFC,
- Metropolitan Magistrate
Thus, (D).
Q86 — Time limit to file complaint under the Consumer Protection Act
Correct Answer: (A) 2 years
Explanation:
Section 69, Consumer Protection Act, 2019: Limitation = 2 years from cause of action.
Thus, (A).
Q87 — Mandatory notice period before sale in SARFAESI Act
Correct Answer: (B) 60 days
Explanation:
Section 13(2), SARFAESI:
Borrower must be given 60 days notice before taking possession or sale.
Q88 — Which of the following is NOT an unfair trade practice?
Correct Answer: (D) Charging higher price than MRP with consumer consent
Explanation:
Unfair trade practice includes misleading ads, false representation, hoarding, etc.
But charging higher price with consent is not UTP.
Q89 — Minimum number of persons to form a public company (Companies Act)
Correct Answer: (C) Seven
Explanation:
Section 3(1)(a):
Public company requires minimum 7 persons.
Q90 — Charge registration under Companies Act
Correct Answer: (B) 30 days
Explanation:
Section 77(1): Charge must be registered within 30 days of creation.
Extensions possible but standard period = 30 days.
Q91 — Who can file a complaint under Competition Act?
Correct Answer: (D) Any person, consumer, or association
Explanation:
Section 19:
Any person, consumer, firm, association, or Government can file information before CCI.
Thus, (D).
Q92 — Limitation period for review under CPC (Art. 124 Limitation Act)
Correct Answer: (A) 30 days
Explanation:
Article 124 of the Limitation Act:
Application for review → 30 days from the decree/order.
Q93 — Section 41 of TPA — Transfer by ostensible owner
Correct Answer: (C) Transfer is valid if transferee acted in good faith and took reasonable care
Explanation:
Ostensible owner doctrine applies when:
- Owner consents to ostensible ownership
- Transferee acts in good faith
- Takes reasonable care
Thus, (C).
Q94 — Filing written statement beyond 90 days
Correct Answer: (B) Court may allow in exceptional circumstances
Explanation:
Order 8 Rule 1 CPC:
- WS normally within 30 days
- Court may extend up to 90 days
- Beyond 90 days → exceptional cases with reasons
Hence, (B).
Q95 — Fundamental duty under Article 51A
Correct Answer: (D) To abide by the Constitution & respect its ideals
Explanation:
Article 51A(a):
Every citizen must:
- Abide by Constitution
- Respect national flag, anthem
Therefore (D).
Q96 — Ex parte decree—application to set aside (Order IX Rule 13)
Correct Answer: (C) 30 days
Explanation:
Article 123 Limitation Act:
Application to set aside ex parte decree → 30 days.
Thus, (C).
Q97 — Which is NOT a ground for review under Section 114 CPC?
Correct Answer: (B) Error of law only
Explanation:
Review grounds:
Discovery of new evidence Error apparent on face of record Any other sufficient reason
But mere error of law ≠ valid ground.
Thus, (B).
Q98 — Professional or other misconduct of an advocate decided by?
Correct Answer: (A) State Bar Council (Disciplinary Committee)
Explanation:
Section 35, Advocates Act, 1961:
- Complaints of misconduct → State Bar Council
- Inquiry → Disciplinary Committee
Thus (A).
Q99 — Max punishment under Information Technology Act for hacking (S.66)
Correct Answer: (C) 3 years
Explanation:
Section 66 IT Act:
Hacking = imprisonment up to 3 years + fine up to ₹5 lakh.
Q100 — Res judicata under Section 11 CPC requires:
Correct Answer: (D) Matter directly and substantially in issue must have been finally decided
Explanation:
Elements include:
- Same parties
- Same matter directly & substantially in issue
- Final decision by competent court
Thus (D).
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