AIBE - XXI Model Paper 26

Added: 2026-06-02

[00:00:00]Welcome to model paper 26 for the allindia bar examination 21. This video contains 100 practice questions with answer keys and explanations covering 19 subjects including CPC, constitutional law, family law, ADR, and more. Question one asks for the minimum number of directors in a public company under the company's act 2013. The correct answer is a three. Section 1491 requires a minimum of three directors for a public company. Question two asks where the directive principles of state policy are contained in the constitution. The correct answer is C part 4 covering articles 36 to 51. These principles are fundamental to governance. Question three addresses the punishment for murder under the Batia Nya Sanhita 2023.

[00:00:50]The correct answer is A. Section 103.

[00:00:53]Murder is defined in section 101 and punishable under section 103 replacing section 302 of the IPC. Question four asks for the section that defines the quote previous year under the income tax act 1961. The correct answer is a section three. This section defines it as the financial year immediately preceding the assessment year. Question five. Which section of BNSS 2023 deals with the power to issue search warrants?

[00:01:22]The answer is C. Section 96. This section empowers a court to issue a search warrant. Question six asks about the landmark case recognizing the doctrine of legitimate expectation in administrative law. The correct answer is D. Union of India versus Hindustan Development Corporation 1993.

[00:01:43]Question seven asks what the rule in Rylands versus Fletcher establishes. The correct answer is C. Strict liability for the escape of dangerous things subject to exceptions. Question 8. Under IPC1 1860, the general exception of private defense of the body is in which section? The correct answer is D.

[00:02:03]Section 100, which lists situations where this right extends to causing death? Question n asks how the residential status of an individual is determined under the income tax act 1961. The correct answer is D. Section six which lays down residence tests based on physical presence in India.

[00:02:22]Question 10 asks in which landmark case the locust stand rule was relaxed for public interest litigation PIL. The answer is D. SP Gupta versus Union of India 1981 allowing public spirited persons to file PILS. Question 11 concerns the guarantee provided by article 21 of the constitution. The correct answer is D. life and personal liberty, a right broadly interpreted by the courts. Question 12 asks for the period to complete an investigation under BNSS 2023 for cases punishable up to 10 years. The correct answer is D. 60 days while graver offenses allow 90 days. Question 13. Where is strike defined under the Industrial Disputes Act 1947? The correct answer is A.

[00:03:09]Section 2 Q. It is defined as a cessation of work or concerted refusal to work. Question 14 asks, which writ is issued to a public officer to perform a duty? The correct answer is B.

[00:03:24]Mandamus. This writ directs a public authority to perform a public or statutory duty. Question 15. Under Muslim law, mayor is defined as the daer payable to the wife. The correct answer is D. Mare is a sum of money or property payable to the wife upon marriage ensuring her financial security.

[00:03:43]Question 16 asks on what IGST is levied under the GST regime. The correct answer is B. Interstate supply of goods and services. IGST applies to cross-state supplies and imports with revenue shared between the center and states. Question 17 asks, what an advocate accepting a brief and then refusing it without sufficient cause amounts to. The correct answer is C. Professional misconduct as this breaches professional duty under the Advocates Act NBC and BCI rules.

[00:04:13]Question 18. Presumption as to negotiable instruments under the Negotiable Instruments Act 1881 is in section 118. The correct answer is C.

[00:04:24]This section raises presumptions in favor of holders such as consideration and due execution. Question 19. Under the Special Marriage Act 1954, how long must notice of intended marriage be given? The correct answer is B. 30 days before marriage as per section 5 of the act. Question 20 addresses the time limit for framing charges in a session's trial under BNSS 2023. The answer is a 60 days from the first hearing on the charge promoting speedy trials. Question 21 asks where decree is defined under the CPC. The correct answer is C.

[00:05:01]Section 22. A decree is the formal expression of an adjudication conclusively determining the rights of the parties. Question 22. Expert opinion is dealt with under which section of BSA 2023? The correct answer is D. Section 39. This section relates to the opinions of persons skilled in foreign law, science, art, etc. Question 23. Where is fact an issue defined under BSA 2023?

[00:05:29]The correct answer is C. Section 2 1G.

[00:05:33]It defines it as any fact from which a right, liability or disability necessarily follows. Question 24 asks, under which section of the Arbitration and Consiliation Act 1996, an arbitral award may be set aside? The correct answer is A. Section 34, which sets out limited grounds for setting aside awards. Question 25. Under the patents act 1970, what is the term of a patent?

[00:05:59]The correct answer is D. 20 years from the filing date as stipulated in section 53 of the act. Question 26. What does the maximum valente non-fit injury mean?

[00:06:10]The correct answer is D. To a willing person, no injury is done. This implies consent prevents a claim for damages.

[00:06:17]Question 27 asks, what governs the welfare of the minor under the Guardians and Wards Act 1890? The correct answer is D. Section 17, which directs the court to prioritize the minor's welfare.

[00:06:30]Question 28 concerns the minimum cooling off period for mutual divorce under section 13B2 of the Hindu Marriage Act.

[00:06:38]The correct answer is a 6 months, although this period may be waved in appropriate cases. Question 29. Which article of the constitution provides for the abolition of untouchability? The correct answer is A. Article 17, which forbids its practice and makes its enforcement a punishable offense.

[00:06:57]Question 30 asks, which constitutional amendment inserted the right to education as article 21A? The correct answer is C. The 86th amendment act 2002 making free and compulsory education a fundamental right. Question 31. Under the Indian Contract Act 1872, an agreement without consideration is void under section 25. The correct answer is C. Consideration is generally essential for a valid contract except in certain specified cases. Question 32. Under CRPC1 1973, section 125 provides for the maintenance of wives, children, and parents. The correct answer is C. This section offers a speedy remedy to prevent destitution. Question 33 asks, which section of the Industrial Disputes Act 1947 provides for layoff compensation? The correct answer is B.

[00:07:52]Section 25 C, which mandates payment equal to 50% of basic wages and deerness allowance. Question 34. Under the Payment of Wages Act 1936, wages must be paid before the seventh day of the next month in small establishments. The correct answer is A. Question 35 asks, under which section of the IT act 2000, publishing obscene material in electronic form is punishable. The answer is A, section 67. Question 36 asks where the doctrine of estoppel is contained in the BSA 2023. The correct answer is C, section 121, preventing denial of previously represented facts.

[00:08:32]Question 37. What does the seat of arbitration determine? The correct answer is C. Supervisory jurisdiction of courts. This determines which court oversees the proceedings and award.

[00:08:43]Question 38. The principle of absolute liability was laid down in the case MC Meta versus Union of India Olium gas leak. The correct answer is C. Question 39 asks, which judge pioneered the concept of public interest litigation in India? The correct answer is C. Justice PN Baguati who relaxed the rule of Locustandi. Question 40. Under the Consumer Protection Act 2019, the district commission has pecuniary jurisdiction up to 50 lakh rupees. The correct answer is B. Question 41.

[00:09:17]Section 9 of the CPC deals with the jurisdiction of civil courts. The correct answer is D. Civil courts try all suits of a civil nature unless explicitly barred. Question 42 asks where social impact assessment is provided under the LR Act 2013. The answer is C. Section four, requiring this study before land acquisition.

[00:09:39]Question 43. Mortgage is defined under the transfer of property act 1882 in section 58. The correct answer is B. A mortgage is a transfer of interest in specific immovable property for loan security. Question 44 asks where advertising by an advocate is prohibited. The correct answer is B. BCI rules part 6, chapter 2, which regulates professional conduct. Under the Information Technology Act 2000, identity theft is punishable under section 66 C. This section punishes the fraudulent or dishonest use of another person's electronic signature, password, or unique identifier. The next question asks about the appeal process under the Advocates Act 1961. An appeal from an order of the state bar council disciplinary committee lies to the bar council of India as per section 37 of the act under the transfer of property act 1882. The term sale is defined in section 54. This section defines sale as a transfer of ownership in exchange for a price paid promised or partly paid and partly promised. Section 89 of the code of civil procedure or CPC provides for the settlement of disputes outside court. It empowers courts to refer disputes for resolution through methods like arbitration, consiliation, judicial settlement or mediation. Privileged communications between spouses under the pariaaka adinium 2023 or BSA 2023 fall under section 128. This section protects marital communications from disclosure without consent. Under BNS section 113, the offense defined is a quote terrorist act. Section 113 of the BNS 2023 defines and punishes this new codified offense which addresses acts threatening the unity, integrity and security of India.

[00:11:33]Professional misconduct of an advocate under the advocates act 1961 is dealt with by the state bar council disciplinary committee. This is established under section 35 of the act.

[00:11:44]Specific performance under the specific relief act 1963 is governed by section 10. This section as amended in 2018 dictates that the specific performance of a contract shall be enforced by the court subject to statutory limits. The principle Audi alterm is a core rule of natural justice meaning here the other side. It requires that no one be condemned unheard. Under BNS 2023, organized crime is dealt with under section 111. This newly codified offense covers continuing unlawful activity by crime syndicates. The fixing of minimum wages under the minimum wages act 1948 is dealt with under section 3. This section empowers the appropriate government to fix and revise minimum rates of wages for scheduled employments. The new offense of snatching is introduced under section 304 of the BNS 2023. It distinguishes the sudden, quick, or forcible seizure of movable property as a separate offense from theft. Under the Trademarks Act 1999, the term of registration of a trademark is 10 years and it is renewable. Section 25 confirms that registration is valid for 10 years and can be renewed indefinitely for successive 10-year periods. By the Hindu Succession Amendment Act 2005, daughters became co-parenters by birth with effect from the 9th of September 2005. This grants them rights equal to those of sun. Under article 356, president's rule can initially be imposed for a maximum period of 6 months. This rule can be extended subject to parliamentary approval up to a maximum of 3 years. The offense of cheating, formerly IPC section 420, now corresponds to section 318 of the BNS 2023. This section consolidates cheating related offenses under the new code. Article 368 empowers parliament to amend the constitution. It allows for addition, variation, or repeal of constitutional provisions subject to the basic structure doctrine.

[00:13:43]A first appeal from an original decree lies under section 96 of the CPC. This allows appeal from a decree passed by a court exercising original jurisdiction to the authorized appellet court. The doctrine of frustration in the Indian Contract Act 1872 is contained in section 56. This section voids a contract to do an act that becomes impossible or unlawful after the contract is made. The defense of insanity under BNS 2023 is provided in section 22. This section exempts a person incapable of knowing the nature or wrongfulness of the act due to unsoundness of mind. The Supreme Court laid down guidelines against sexual harassment at the workplace in the landmark case of Vishaka versus state of Rajasthan. These guidelines were later codified in the Posh Act 2013.

[00:14:32]Administering a poisoned suite with intent to kill, resulting in death, constitutes murder under section 103 of the BNS 2023. A second appeal under the CPC lies only on the ground of a substantial question of law. This provision restricts second appeals to matters of legal importance. Under the Hindu Marriage Act 1955, sependa relationship extends to three generations through the mother and five through the father. Marriages within these degrees are prohibited unless custom permits. If a sub inspector refuses to register an FIR for a cognizable offense, the agrieved party may approach the superintendent of police under BNSS section 1734. PIL can be filed in the Supreme Court under article 32 of the constitution. This article guarantees the right to move the Supreme Court for the enforcement of fundamental rights. Dishonor of a check under the Negotiable Instruments Act 1881 is punishable under section 138 which addresses check bouncing due to insufficient funds. Electronic records are admissible under section 63 of the Paratia Sakshia Adinium 2023. This section modernizes the law of evidence regarding digital documents. The rid of certari is issued to quash an order of an inferior tribunal. It ensures that judicial and quasi judicial bodies act within their jurisdiction. The inherent powers of the high court under the CRPC are found in section 482. These powers are exercised to prevent abuse of the process of any court or to secure the ends of justice. Under the Hindu Marriage Act 1955, the minimum age of marriage for a bride is 18 years. The act sets this age requirement to ensure informed consent and maturity for marriage. Order 39 of the CPC relates to temporary injunctions and interlocatory orders. This order is crucial for protecting the rights of parties during the pendency of a suit. Under the arbitration act 1996, the appointment of arbitrators is governed by section 11.

[00:16:35]This section provides the mechanism for appointing arbitrators including court intervention when necessary. The FIR provision under the Bharata Nagarak Suraka Sanita 2023 corresponds to section 173. This replaces the former section 154 of the CRPC detailing the procedure for registering first information reports. The doctrine of res judicata is codified under section 11 of the CPC. This section prohibits the trial of any suit or issue that has already been directly and substantially in issue in a former suit. An agreement to pay someone to commit assault is void as it is opposed to public policy under section 23 of the Indian Contract Act 1872. The object is unlawful.

[00:17:19]Jurisdiction for a suit involving immovable property such as a property situated in Mumbai is determined under section 16 of the CPC. Such suits must be filed where the property is located.

[00:17:31]Under the Indian evidence act 1872, resest is dealt with under section 6.

[00:17:37]This section makes facts that are part of the same transaction relevant evidence. An order of stay of execution of decree is governed by order 21 rule 26 of the CPC. This rule allows the executing court to pause execution to permit the judgment debtor to approach the decree passing court. Summary trials under BNSS 2023 are dealt with under section 283. This provides a simplified and expeditious process for minor offenses. Capital gains under the income tax act are charged under section 45.

[00:18:09]This section taxes the profits or gains arising from the transfer of a capital asset. The provision relating to anticipatory bail under BNSS 2023 is contained in section 482. This grants the high court or court of session the power to direct the release of an accused on bail in the event of arrest.

[00:18:27]The national green tribunal was established under the national green tribunal act 2010. This tribunal addresses environmental protection and the conservation of forests and other natural resources. Divorce by mutual consent under the Hindu Marriage Act 1955 is provided in section 13B. This allows spouses to jointly petition for divorce after a minimum period of separation. Presumption as to documents 30 years old under BSA 2023 is contained in section 92. This relates to the assumption of authenticity for old documents produced from proper custody.

[00:19:01]Under the LR act 2013, the consent of affected families for private projects is required to the extent of 80%. Under the Paratia Saka Adanium 2023, a dying declaration is admissible under section 26. This section allows statements by a deceased about the cause of death to be admitted as evidence. According to the Consumer Protection Act 2019, the limitation period for filing a complaint is 2 years from the date the cause of action arises as specified in section 69. The doctrine of basic structure was first propounded by the Supreme Court in the landmark case of case of Anandanda Bharati versus State of Kerala in 1973.

[00:19:42]The concept of procedure established by law under article 21 was expanded in the case of Maneka Gandhi versus Union of India 1978 to require a just, fair and reasonable procedure. No fault liability under the motor vehicles act 1988 is provided in section 140. This section grants fixed compensation regardless of negligence in death or permanent disability cases. The 10th schedule of the constitution deals with the anti-defection law introduced by the 52nd amendment in 1985. The doctrine of corporate veil was first lifted in the English case of Solomon versus Solomon and Co. Limited in 1897 establishing the separate legal personality of a company.

[00:20:26]Trial of summons cases by magistrates under BNSS 2023 is governed by sections 274 to 282 which prescribe the procedure for less serious offenses. Section 9 of the Arbitration and Consiliation Act 1996 provides for interim measures by the court empowering courts to grant protection before, during, or after arbitral proceedings. Order 7, rule 11 of the CPC, empowers the court to reject a plaint if it discloses no cause of action, is undervalued, or is barred by