AIBE (MOCK-TEST)

1.) Which of the following is not a pre-requisite for a valid Arbitration?

A.) the parties must agree to an Arbitration agreement

B.) the agreement should be valid as per the provisions of the Indian Contract Act

C.) the parties must not agree to an Arbitration agreement

D.) the arbitration agreement must be registered

2.) Can the provisions of the repealed Arbitration Act of 1940, apply in relation to arbitration proceeding which commenced prior to the coming into force of the 1996 Act on January 25, 1996?

A.) No the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties

B.) No the provisions of Arbitration Act of 1940 cannot apply as it is a general principle under ~UNCITRAL Model Law that the most update version of the rules and provisions for the smooth running of the Arbitral process.

C.) UNCITRAL model law that the most update version of the rules and provisions for the smot running of the abritral process

D.) Yes the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties


3.) Is an otherwise valid arbitration clause enforceable by law in case the main contract is found to be void or annulled?

A.) No, arbitration clause being a part of contract between the parties ceases to enforceable by law in case of annulment of contract.

B.) No, validity of the contract containing arbitration clause is a pre-requisite for valid Arbitration.

C.) Yes, arbitration clause will be enforceable since it is separable from the other clauses of the contract and constitutes an agreement by itself.

D.) Arbitration clause will be enforceable in case annulment of the main contract if the intention of the parties is to refer the disputes between them to arbitration and not otherwise


4.) Under the Arbitration Act do the courts have an obligation to refer the parties to arbitration in terms of their arbitration agreement in cases where there is a pre-existing arbitration agreement?

A.) In some cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration.

B.) In all cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration.

C.) There is no provision under Arbitration Act which makes the courts obliged to refer the parties to arbitration in cases where there is an arbitration clause.

D.) Courts are obliged to refer the parties to arbitration in cases where there is an arbitration clause only in respect of “a matter which is the subject matter of an arbitration agreement”.

5.) Which section of CPC provides that sections 16, 17 and 20 shall not be applicable to the High Court?

A.) 121

B.) 122

C.) 119

D.) 120


6.) Which section of the Civil Procedure Code provides for the principle of res judicata and res sub judice?

A.) section 11 and section 10

B.) section 10 and section 11

C.) section 9 and section 10

D.) section 11 and section 12


7.) Provisions for an interpleader suit are made under which section?

A.) s.87

B.) s.88

C.) s.86

D.) s.85


8.) Which Order makes provisions for suits filed by indigent persons?

A.) order 39

B.) order 33

C.) order 34

D.) order 35


9.) You are apprehending that a suit may be filed with respect to a property in which you may have some interests. In case any such suit is filed, you would like to be notified about the same. Which of the following is relevant to you?

A.) summon

B.) caveat

C.) compromise

D.) service


10.) What is a summon and under which Order is the provision for summons made?

A.) The intimation given to the defendant during the suit, in case he fails to appear on a particular day, Order 5, rule 2.

B.) The intimation given to the defendant when the suit is filed by the plaintiff to appear before the court, Order 6, Rule 1.

C.) The intimation given to the defendant when the suit is filed by the plaintiffto appear before the court, Order 5, Rule 1.

D.) The intimation given to the defendant during the suit, in case he fails to appear on a particular day, Order 5, Rule 1.


11.) The CPC provides for review under which section?

A.) s.114

B.) s.115

C.) s.109

D.) s.96


12.) Which provision under the CPC provides for the withdrawal of the suit?


A.) Rule 1, Order 22

B.) Rule 2, Order 23

C.) Rule 1, Order 23

D.) Rule 2, Order 22.

13.) What is the period of limitation for the execution of a decree?

A.) 12 years

B.) 11years

C.) 14years

D.) 13years


14.) Who is considered to be an indigent person for the purpose of filing a suit?

A.) a person who does not have sufficient means to pay court fees for the suit (except from property which is exempt from attachment)

B.) if the suit has no court-fee, then, where the person is entitled to property of less than INR 1000

C.) both a and b

D.) and indigent person can never sue, so the question is irrelevant


15.) Which of the following bodies can be considered ‘State’ under A.12, if they are financially and functionally controlled by the government?

A.) a society

B.) a corporation

C.) a body created under statute

D.) all of the above


16.) All Constitutional Rights under Part III are granted to all people.


A.) True, since there are fundamental, which implies that they should be guaranteed to all people equally

B.) False, since some of these rights are available only to citizens while some are available to all persons

C.) False, since this part does not contain rights at all.

D.) True, since under the principle of equality, all men are equal before the law.



17.) Special Leave Petitions can be filed under Article__ of the Constitution


A.) 32

B.) 21

C.) 226

D.) 136


18.) The right to life and personal liberty includes the following


A.) Merely physical existence

B.) The right to live with dignity, and not merely animal existence

C.) The right to due process

D.) Both b and c


19.) What is the validity of Schedule IX of the Constitution?


A.) Its validity has been upheld in the case of IR Coelho.

B.) To hold something outside the purview of judicial review is a violation of the basic structure of the Constitution

C.) Acts can still be placed under this schedule

D.) It is a contentious and undecided issue


20.) In our Constitution which country is the language of the Preamble adopted from :


A.) Germany

B.) Australia

C.) The USA

D.) Ireland


21.) The principle of secularism in the Indian Constitution is the following:


A.) That there is no state religion

B.) That no state has its own religion

C.) That everyone is entitled to their own freedom of conscience, and that this allows them to practice their own religion


22.) Which Amendment added the duty of the state to provide for Free Legal Aid as a Directive Principle?


A.) 42nd Amendment 1976

B.) 44th Amendment, 1978

C.) 73rd Amendment, 1992

D.) None of the above


23.) The Constitution provides that India is:


A.) A federation of states

B.) A quasi-federation

C.) A quasi-union

D.) A union of States


24.) Laws that were enacted before the Constitution was enacted still exist. Such laws can be inconsistent with the provisions of the Constitution.


A.) true

B.) True, because they were valid at the time of enactment, and it is hard to envisage subsequent illegality.

C.) False.

D.) False, since all laws should adhere to the provisions of the constitution, even if the constitution is amended after the enactment is passed.


25.) When did the Indian Contract Act come in force?


A.) 1st January 1872

B.) 1st January 1872

C.) 1st September 1872

D.) 1st June 1872


26.) A proposal is revoked:


A.) by the failure of the acceptor to fulfil a condition precedent to acceptance

B.) by the death or insanity of the proposer, if the fact of the death or insanity comes to the knowledge of theacceptor before acceptance

C.) Only a

D.) Both a and b


27.) Under which of the following circumstance/s is a contract deemed void?

A.) Mistake of law in force in India by the parties at the time of entering into the contract

B.) Mistake of law not in force in India by the parties at the time of entering into the contract

C.) When both the parties are mistaken on a matter of fact which is essential to the agreement

D.) When one of the parties are mistaken on a matter of fact which is essential to the agreement


28.) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is:


A.) Invalid

B.) Void

C.) Voidable

D.) Quasi-contract


29.) Ram left a brand new watch at Shyam’s house. Shyam treats the watch as his own. He is bound to pay it to Shyam under Section ___ of the Contract Act, 1872:


A.) 100

B.) 120

C.) 70

D.) 130


30.) P appoints an agent A for his business, and gives him certain computers to conduct the business. After 4 months, P terminates A’s agency services. Is A entitled to retain the computers?


A.) No, agents don’t have right of lien.

B.) No, agent is not a bailee so right of lien cannot be exercised

C.) Yes, A can exercise right of lien over principal’s property, until commission is paid.

D.) None of the other options


31.) A party to a contract remains silent as to facts known by him which would likely affect the willingness of the other party to enter into the contract:


A.) This makes the contract voidable at the option of the other party

B.) This the contract void abinitio

C.) This contract is vitiated by fraud

D.) This contract is not vitiated by fraud


32.) X guarantees payment to Y, a cigarette-dealer, to the amount of Rs 5000, for any cigarette which Y may from time to time supply to Z. Y supplies Z with cigarettes of above the value of Rs 5000, and Z pays Y for it. Afterwards, Y supplies Z with cigarettes of the value of Rs 10000. Z fails to pay. X is liable:


A.) to Y for Rs 5000

B.) to Z for 5000

C.) to Y for 10000

D.) to Z for 10000


33.) A and B were rival shopkeepers in a locality, and A agreed to pay B a sum of money in exchange for B closing B’s shop. B closed the shop and demanded the money.


A.) This agreement is void

B.) A is estopped from refusing to pay B the money

C.) The actions of A were not illegal, since B consented with no coercion etc

D.) B is entitled to the money


34.) What sort of consideration is needed to create an agency relationship.


A.) Financial

B.) Trust

C.) Any

D.) None of the above


35.) The agreement entered into by an insane personis :


A.) Null and void contract

B.) Voidable contract , at the option of the minor

C.) Valid and enforceable contract

D.) Not a contract at all


36.) X suffers from occasional fits of hysteria and is interred at an asylum for mentally differently empowered people. He enters into an agreement with Y when he was in sound mind, although before signing it, he had a bout of hysteria. The agreement is:


A.) Valid

B.) Void

C.) Voidable at the option of X when he is in a stable mental state

D.) Voidable at the option of Y


37.) When a person hires another to do work for him, and the contract is either not completed or is otherwise rendered un-performable, the person performing may sue for the value of the improvements made or the services rendered to the defendant. The law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve. This maxim of contract law is called:


A.) Consensus ad idem

B.) Non est factum

C.) Quantum meruit

D.) Ubi juis ibi remedium


38.) Acceptance of offer must be


A.) Absolute and unqualified

B.) Communicated to offeror

C.) Within a reasonable time before the offer lapses

D.) All of the above


39.) In law of contracts, the mirror image rule ___


A.) Is also referred to as an unequivocal and absolute acceptance requirement, which states that an offer must be accepted exactly without modifications

B.) both a and b

C.) none of the above


40.) In contract law, the defense of frustration of purpose can be invoked when:

A.) an unforeseen event undermines a party’s principal purpose for entering into a contract

B.) both parties knew of this principal purpose at the time the contract was made.

C.) Both a and b

D.) Neither a nor b


41.) The basic rule for how to determine the scope of consequential damages arising from a breach of contract, that one is liable for all losses that ought to have been in the contemplation of the contracting parties was laid down in the landmark Judgement of


A.) Baxter v Hadley

B.) Hadley v. Baxandale

C.) Carlil v. Carbolic

D.) Donoghue v. Stevenson


42.) If A has two pieces of land, X and Y and he sells X to B with a covenant for the beneficial enjoyment of Y, would the covenant bind B?


A.) Yes, because the original transferee is bound by both negative and positive covenants

B.) No, he is bound only if the covenant is positive

C.) Yes, because the covenant is negative

D.) No, because he consented to such a covenant


43.) Maximum prescribed term for imprisonment and maximum fine for dishonour of cheques due to insufficiency of funds are___________ respectively