Quick Solution-Key for AIBE

SECTIONS
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
17. Review of the Rehabilitation and Resettlement Scheme.
18. Approved Rehabilitation and Resettlement Scheme to be made public.
19. Publication of declaration and summary of Rehabilitation and Resettlement.
20. Land to be marked out, measured and planned including marking of specific areas.
21. Notice to persons interested.
22. Power to require and enforce the making of statements as to names and interests.
23. Enquiry and land acquisition award by Collector.
24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain
cases.
25. Period within which an award shall be made.
26. Determination of market value of land by Collector.
27. Determination of amount of compensation.
28. Parameters to be considered by Collector in determination of award.
29. Determination of value of things attached to land or building.
30. Award of solatium.

CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement Award for affected families by Collector.
32. Provision of infrastructural amenities in resettlement area.
33. Corrections to awards by Collector.
34. Adjournment of enquiry.
35. Power to summon and enforce attendance of witnesses and production of documents.
36. Power to call for records, etc.
37. Awards of Collector when to be final.
38. Power to take possession of land to be acquired.
39. Additional compensation in case of multiple displacements.
40. Special powers in case of urgency to acquire land in certain cases.
41. Special provisions for Scheduled Castes and Scheduled Tribes.
42. Reservation and other benefits.

CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
43. Appointment of Administrator.
44. Commissioner for rehabilitation and resettlement.
45. Rehabilitation and resettlement committee at project level.

392 6

SECTIONS
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other
than specified persons.
47. Quantification and deposit of rehabilitation and resettlement amount.

CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation and resettlement.
49. Reporting requirements.
50. Establishment of State Monitoring Committee for rehabilitation and resettlement.

CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
52. Composition of Authority.
53. Qualifications for appointment as Presiding Officer.
54. Terms of office of Presiding Officer.
55. Staff of Authority.
56. Salary and allowances and other terms and conditions of service of Presiding Officers.
57. Filling up of vacancies.
58. Resignation and removal.
59. Orders constituting Authority to be final and not to invalidate its proceedings.
60. Powers of Authority and procedure before it.
61. Proceedings before Authority to be judicial proceedings.
62. Members and officers of Authority to be public servants.
63. Jurisdiction of civil courts barred.
64. Reference to Authority.

66. Service of notice by Authority.
67. Restriction on scope of proceedings.
68. Proceedings to be in public.
69. Determination of award by Authority.
70. Form of award.
71. Costs.
72. Collector may be directed to pay interest on excess compensation.
73. Re-determination of amount of compensation on the basis of the award of the Authority.
74. Appeal to High Court.

393 7

CHAPTER IX
APPORTIONMENT OF COMPENSATION
SECTIONS
75. Particulars of apportionment to be specified.
76. Dispute as to apportionment.

CHAPTER X
PAYMENT

77. Payment of compensation or deposit of same in Authority.
78. Investment of money deposited in respect of lands belonging to person incompetent to

alienate.
79. Investment of money deposited in other cases.
80. Payment of interest.

CHAPTER XI
TEMPORARY OCCUPATION OF LAND
81. Temporary occupation of waste or arable land, procedure when difference as to
compensation exists.
82. Power to enter and take possession and compensation on restoration.
83. Difference as to condition of land.

CHAPTER XII
OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc.
85. Penalty for contravention of provisions of Act.
86. Offences by companies.
87. Offences by Government departments.
88. Cognizance of offences by court.
89. Offences to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain persons.

CHAPTER XIII
MISCELLANEOUS
91. Magistrate to enforce surrender.
92. Service of notice.
93. Completion of acquisition not compulsory, but compensation to be awarded when not
completed.
94. Acquisition of part of house or building.
95. Acquisition of land at cost of a local authority or Requiring Body.
96. Exemption from income-tax, stamp duty and fees.

394 8

SECTIONS
97. Acceptance of certified copy as evidence.
98. Notice in case of suits for anything done in pursuance of Act.
99. No change of purpose to be allowed.
100. No change of ownership without permission to be allowed.
101. Return of unutilised land.
102. Difference in price of land when transferred for higher consideration to be shared.
103. Provisions to be in addition to existing laws.
104. Option of appropriate Government to lease.
105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
106. Power to amend Schedule.
107. Power of State Legislatures to enact any law more beneficial to affected families.
108. Option to affected families to avail better compensation and rehabilitation and resettlement.
109. Power of appropriate Government to make rules.
110. Rules made by Central Government to be laid before Parliament.
111. Rules made by State Government to be laid before State Legislature.
112. Previous publication of rules made by Central and State Government.
113. Power to remove difficulties.
114. Repeal and saving.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.

395 9

THE COPYRIGHT ACT, 1957
________

ARRANGEMENT OF SECTIONS
_______

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
3. Meaning of publication.
4. When work not deemed to be published or performed in public.
5. When work deemed to be first published in India.
6. Certain disputes to be decided by Appellate Board.
7. Nationality of author where the making of unpublished work is extended over considerable
period.
8. Domicile of Corporations.

CHAPTER II
COPYRIGHT OFFICE AND APPELLATE BOARD
9. Copyright Office.
10. Registrar and Deputy Registrars of Copyrights.
11. Appellate Board.
12. Powers and procedure of Appellate Board.

CHAPTER III
COPYRIGHT

13. Works in which copyright subsists.
14. Meaning of copyright.
15. Special provision regarding copyright in designs registered or capable of being registered under

the Designs Act, 2000.
16. No copyright except as provided in this Act.

CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17. First owner of copyright.
18. Assignment of copyright.
19. Mode of assignment.
19A. Disputes with respect to assignment of copyright.
20. Transmission of copyright in manuscript by testamentary disposition.
21. Right of author to relinquish copyright.

CHAPTER V
TERM OF COPYRIGHT
22. Term of copyright in published literary, dramatic, musical and artistic works.
23. Term of copyright in anonymous and pseudonymous works.
24. Term of copyright in posthumous work.

400

SECTIONS
25. [Omitted.].
26. Term of copyright in cinematograph films.
27. Term of copyright in sound recording.
28. Term of copyright Government works.
28A. Term of copyright in works of public undertakings.
29. Term of copyright in works of international organisations.

CHAPTER VI

LICENCES

30. Licences by owners of copyright.
30A. Application of sections 19.
31. Compulsory licence in works withheld from public.
31A. Compulsory licence in unpublished or published works.
31B. Compulsory licence for benefit of disabled.
31C. Statutory licence for cover versions.
31D. Statutory licence for broadcasting of literary and musical works and sound

recording.
32. Licence to produce and publish translations.
32A. Licence to reproduce and publish works for certain purposes.
32B. Termination of licences issued under this Chapter.

CHAPTER VII

COPYRIGHT SOCIETIES

33. Registration of copyright society.
33A. Tariff Scheme by copyright societies.
34. Administration of rights of owner by copyright society.
34A. [Omitted.].
35. Control over the copyright society by the author and other owners of rights.
36. Submission of returns and reports.
36A. Rights and liabilities of performing rights societies.

CHAPTER VIII

RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS

37. Broadcast reproduction right.
38. Performer’s right.
38A. Exclusive right of performers.
38B. Moral rights of the performer.
39. Acts not infringing broadcast reproduction right or performer’s right.
39A. Certain provisions to apply in case of broadcast reproduction right and performer’s .

CHAPTER IX

INTERNATIONAL COPYRIGHT

40. Power to extend copyright to foreign works.
40A. Power of Central Government to apply Chapter VIII to broadcasting organisations and

performers in certain other countries
41. Provisions as to works of certain international organisations.
42. Power to restrict rights in works of foreign authors first published in India.
42A. Power to restrict rights of foreign broadcasting organisations and performers.
43. Orders under this Chapter to be laid before Parliament.

401

CHAPTER X

REGISTRATION OF COPYRIGHT

SECTIONS
44. Register of Copyrights.
45. Entries in Register of Copyrights.
46. Indexes.
47. Form and inspection of register.
48. Register of Copyrights to be prima facie evidence of particulars entered therein.
49. Correction of entries in the Register of Copyrights.
50. Rectification of Register by Appellate Board.
50A. Entries in the Register of Copyrights, etc., to be published.

CHAPTER XI

INFRINGEMENT OF COPYRIGHT

51. When copyright infringed.
52. Certain acts not to be infringement of copyright.
52A. Particulars to be included in records and video Films.
52B. [ Omitted .]
53. Importation of infringing copies.
53A. Resale share right in original copies.

CHAPTER XII

CIVIL REMEDIES

54. Definition.
55. Civil remedies for infringement of copyright.
56. Protection of separate rights.
57. Author’s special rights.
58. Rights of owner against persons possessing or dealing with infringing copies.
59. Restriction on remedies in the case of works of architecture.
60. Remedy in the case of groundless threat of legal proceedings.
61. Owner of copyright to be party to the proceeding.
62. Jurisdiction of court over matters arising under this Chapter.

CHAPTER XIII

OFFENCES
63. Offences of infringement of copyright or other rights conferred by this Act.
63A. Enhanced penalty on second and subsequent convictions.
63B. Knowing use of infringing copy of computer programme to be an offence.
64. Power of police to seize infringing copies.
65. Possession of plates for purpose of making infringing copies.
65A. Protection of technological measures.
65B. Protection of Rights Management Information.
66. Disposal of infringing copies or plates for purpose of making infringing copies.
67. Penalty for making false entries in register, etc., for producing or tendering false entries.
68. Penalty for making false statements for the purpose of deceiving or influencing any authority or

officer.
68A. Penalty for contravention of section 52A.

402

SECTIONS
69. Offences by companies.
70. Cognizance of offences.
CHAPTER XIV
APPEALS
71. Appeals against certain orders of Magistrate.
72. Appeals against orders of Registrar of Copyrights and Appellate Board.
73. Procedure for appeals.
CHAPTER XV
MISCELLANEOUS
74. Registrar of Copyrights and Appellate Board to possess certain powers of civil courts.
75. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be
executable as a decree.
76. Protection of action taken in good faith.
77. Certain persons to be public servants.
78. Power to make rules.
79. Repeals, savings and transitional provisions.

403

THE TRADE MARKS ACT, 1999
_________

ARRANGEMENT OF SECTIONS
_________

CHAPTER I

PRELIMINARY

SECTIONS
1. Short title, extent and commencement.
2. Definitions and interpretation.

CHAPTER II

THE REGISTER AND CONDITIONS FOR REGISTRATION

3. Appointment of Registrar and other officers.
4. Power of Registrar to withdraw or transfer cases, etc.
5. Trade Marks Registry and offices thereof.
6. The Register of Trade Marks.
7. Classification of goods and services.
8. Publication of alphabetical index.
9. Absolute grounds for refusal of registration.
10. Limitation as to colour.
11. Relative grounds for refusal of registration.
12. Registration in the case of honest concurrent use, etc.
13. Prohibition of registration of names of chemical elements or international non-proprietary names.
14. Use of names and representations of living persons or persons recently dead.
15. Registration of parts of trade marks and of trade marks as a series.
16. Registration of trade marks as associated trade marks.
17. Effect of registration of parts of a mark.

CHAPTER III

PROCEDURE FOR AND DURATION OF REGISTRATION

18. Application for registration.
19. Withdrawal of acceptance.
20. Advertisement of application.
21. Opposition to registration.
22. Correction and amendment.
23. Registration.
24. Jointly owned trade marks.
25. Duration, renewal, removal and restoration of registration.
26. Effect of removal from register for failure to pay fee for renewal.

CHAPTER IV

EFFECT OF REGISTRATION

27. No action for infringement of unregistered trade mark.
28. Rights conferred by registration.
29. Infringement of registered trade marks.
30. Limits on effect of registered trade mark.
31. Registration to be prima facie evidence of validity.
32. Protection of registration on ground of distinctiveness in certain cases.
33. Effect of acquiescence.

4041

SECTIONS
34. Saving for vested rights.
35. Saving for use of name, address or description of goods or services.
36. Saving for words used as name or description of an article or substance or service.

CHAPTER IVA

SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL
REGISTRATION UNDER THE MADRID PROTOCOL

36A. Application of Act in case of international registration under Madrid Protocol.
36B. Definitions.
36C. Trade Marks Registry to deal with international applications.
36D. International application originating from India.
36E. International registrations where India has been designated.
36F. Effects of international registration.
36G. Duration and renewal of international registration.

CHAPTER V

ASSIGNMENT AND TRANSMISSION

37. Power of registered proprietor to assign and give receipts.
38. Assignability and transmissibility of registered trade marks.
39. Assignability and transmissibility of unregistered trade marks.
40. Restriction on assignment or transmission where multiple exclusive rights would be created.
41. Restriction on assignment or transmission when exclusive rights would be created in different

parts of India.
42. Conditions for assignment otherwise than in connection with the goodwill of a business.
43. Assignability and transmissibility of certification trade marks.
44. Assignability and transmissibility of associated trade marks.
45. Registration of assignments and transmissions.

CHAPTER VI

USE OF TRADE MARKS AND REGISTERED USERS

46. Proposed use of trade mark by company to be formed, etc.
47. Removal from register and imposition of limitations on ground of non-use.
48. Registered users.
49. Registration as registered user.
50. Power of Registrar for variation or cancellation of registration as registered user.
51. Power of Registrar to call for information relating to agreement in respect of registered users.
52. Right of registered user to take proceedings against infringement.
53. No right of permitted user to take proceeding against infringement.
54. Registered user not to have right of assignment or transmission.
55. Use of one of associated or substantially identical trade marks equivalent to use of another.
56. Use of trade mark for export trade and use when form of trade connection changes.

CHAPTER VII

RECTIFICATION AND CORRECTION OF THE REGISTER

57. Power to cancel or vary registration and to rectify the register.
58. Correction of register.
59. Alteration of registered trade marks.
60. Adaptation of entries in register to amended or substituted classification of goods or services.

4052

CHAPTER VIII

COLLECTIVE MARKS

SECTIONS
61. Special provisions for collective marks.
62. Collective mark not to be misleading as to character or significance.
63. Application to be accompanied by regulations governing use of collective marks.
64. Acceptance of application and regulations by Registrar.
65. Regulations to be open to inspection.
66. Amendment of regulations.
67. Infringement proceedings by registered proprietor of collective mark.
68. Additional grounds for removal of registration of collective mark.

CHAPTER IX

CERTIFICATION TRADE MARKS

69. Certain provisions of this Act not applicable to certification trade marks.
70. Registration of certification trade marks.
71. Applications for registration of certification trade marks.
72. Consideration of application for registration by Registrar.
73. Opposition to registration of certification trade marks.
74. Filing of regulations governing use of a certification trade mark.
75. Infringement of certification trade marks.
76. Acts not constituting infringement of certification trade marks.
77. Cancellation or varying of registration of certification trade marks.
78. Rights conferred by registration of certification trade marks.

CHAPTER X. SPECIAL PROVISIONS FOR TEXTILE GOODS. [Omitted]

79. [Omitted.]
80. [Omitted.]
81. [Omitted.]
82. [Omitted.]

CHAPTER XI

APPELLATE BOARD

83. Establishment of Appellate Board.
84. Composition of Appellate Board.
85. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.
86. Term of office of Chairperson, Vice-Chairperson and other Members.
87. Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in

certain circumstances.
88. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson

and other Members.
89. Resignation and removal.
89A. Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.
90. Staff of Appellate Board.
91. Appeals to Appellate Board.
92. Procedure and powers of Appellate Board.
93. Bar of jurisdiction of courts, etc.

4063

SECTIONS
94. Bar to appear before Appellate Board.
95. Conditions as to making of interim orders.
96. Power of Chairperson to transfer cases from one Bench to another.
97. Procedure for application for rectification, etc., before Appellate Board.
98. Appearance of Registrar in legal proceedings.
99. Costs of Registrar in proceedings before Appellate Board.
100. Transfer of pending proceedings to Appellate Board.

CHAPTER XII

OFFENCES, PENALTIES AND PROCEDURE

101. Meaning of applying trade marks and trade descriptions.
102. Falsifying and falsely applying trade marks.
103. Penalty for applying false trade marks, trade descriptions, etc.
104. Penalty for selling goods or providing services to which false trade mark or false trade

description is applied.
105. Enhanced penalty on second or subsequent conviction.
106. Penalty for removing piece goods, etc., contrary to section 81.
107. Penalty for falsely representing a trade mark as registered.
108. Penalty for improperly describing a place of business as connected with the Trade Marks Office.
109. Penalty for falsification of entries in the register.
110. No offence in certain cases.
111. Forfeiture of goods.
112. Exemption of certain persons employed in ordinary course of business.
113. Procedure where invalidity of registration is pleaded by the accused.
114. Offences by companies.
115. Cognizance of certain offences and the powers of police officer for search and seizure.
116. Evidence of origin of goods imported by sea.
117. Costs of defence or prosecution.
118. Limitation of prosecution.
119. Information as to commission of offence.
120. Punishment of abetment in India of acts done out of India.
121. Instructions of Central Government as to permissible variation to be observed by criminal

courts.
CHAPTER XIII

MISCELLANEOUS

122. Protection of action taken in good faith.
123. Certain persons to be public servants.
124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.
125. Application for rectification of register to be made to Appellate Board in certain cases.
126. Implied warranty on sale of marked goods.
127. Powers of Registrar.
128. Exercise of discretionary power by Registrar.
129. Evidence before Registrar.
130. Death of party to a proceeding.
131. Extension of time.
132. Abandonment.
133. Preliminary advice by the Registrar as to distinctiveness.
134. Suit for infringement, etc., to be instituted before District Court.
135. Relief in suits for infringement or for passing off.
136. Registered user to be impleaded in certain proceedings.

4074

SECTIONS
137. Evidence of entries in register, etc., and things done by the Registrar.
138. Registrar and other officers not compellable to produce register, etc.
139. Power to require goods to show indication of origin.
140. Power to require information of imported goods bearing false trade marks.
141. Certificate of validity.
142. Groundless threats of legal proceedings.
143. Address for service.
144. Trade usages, etc., to be taken into consideration.
145. Agents.
146. Marks registered by an agent or representative without authority.
147. Indexes.
148. Documents open to public inspection.
149. Reports of Registrar to be placed before Parliament.
150. Fees and surcharge.
151. Savings in respect of certain matters in Chapter XII.
152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.
153. Government to be bound.
154. Special provisions relating to applications for registration from citizens of convention countries.
155. Provision as to reciprocity.
156. Power of Central Government to remove difficulties.
157. Power to make rules.
158. Amendments.
159. Repeal and savings.
THE SCHEDULE.

4085

Previously Asked
Case Law Questions

This section of previous case law questions are given as a part of
ebook for getting knowledge about the questions on case studies, and
students can prepare themselves in view of case law questions and
how they set the questions on case laws.

AIBE - IV

63. In famous Carlill v. Carbolic Smoke Ball Co., (1893) 1 QBD 256, the Hob'ble
Court held that the Contract was accepted on being---------------
A. Communicated
B. Acted Upon
C. Refused
D. Advertised

AIBE- V

3. The Supreme Court has held that an advocate cannot claim a lien over a
litigation file entrusted to him for his fees........ no professional can be given the
right to the work done by him with his clients matter on the strength of any
claim for unpaid remuneration. The alternative is the professional concerned can
resort to other legal remedies for such unpaid remuneration. Refer to the
specific case
A) R.D. Saxena Vs. Balram Prasad Sharma
B) V.C. Rangadurai V's. D. Gopalan
C) Emperor Vs. Dadu Ram
D) G. Naranswamy Vs. Challapalli

409

21. ‘The DNA test cannot rebut the conclusive presumption envisaged under S.12
of the Indian Evidence Act. The parties can avoid the rigor of such conclusive
presumption only by proving non-access which is a negative proof.” It was so
held in which case
A) Shaik Fakruddin v. Shaik Mohammed Hasan AIR 2006 AP 48
B) Siddaramesh V. State of Kamataka (2010) 3SC0C 152
C) Kailash v. State of Madhya Pradesh AIR 2007 SC107
D) Somwant v. State of Punjab, AIR 1963 SC 151

36. “If an accused is charged of a major offence but is not found guilty
thereunder, he can be convicted of minor offence, if the facts established
indicate that such minor offence has been committed.” It was so upheld in which
case
A) Sangarabonia Sreenu vs. State of Andhra Pradesh
B) State of Himachal Pradesh vs. Tara Dutta
C) Shamsher Singh vs. State of Punjab
D) Nalini vs. State of Tamilnadu

37. “Provisions of S.195 of the Code are mandatory and non-compliance of it
would initiate the prosecution and all other consequential orders”. In which case
the court upheld so
A) C. Muniappan v. State of Tamilnadu
B) Kishun Singh v. State of Bihar
C) State of Kamataka v. Pastor P Raju
D} None of the above

410

42. |t was held by the Supreme Court of India that preamble was not a part of
the constitution in the case of ----------------- and this has been overruled in the
case of
A) In re Berubari Union; Keshavananda Bharathi vs. State of Kerala
B) A. K.Gopalan-vs. State of Madras; Maneka Gandhi vs. Union of India
C) Ajay Hasia vs. Khalid Mujib; Som Prakash vs. Union of India
D) LC. Golaknath vs. State of Punjab ; Shankari Prasad vs. Union of India

44. Doctrine of Legitimate Expectation was discussed in the following case
A) Ramakrishna Dalmia Vs. Justice Tendolkar
B) M.C. Mehta Vs. Union of India
C) State of U.P Vs. Deoman
D) Food Corporation of India Vs. M/s. Kamdhenu Cattle Feed Industries

45. The Supreme Court in Selvi & Ors, vs State Of Karnataka held that
compulsory brain mapping and polygraph tests and narco analysis were in
violation of the following Articles of the Constitution.
A) Art. 23 and 24
B) Art. 15 and 16
C) Art. 29 and 30
D) Articles 20 and 21

46. “Passive Euthanasia is permitted in certain cases" held in
A) Aruna Ramachandra Shanbaug Vs. Union of India
B) GianKaur Vs. State of Punjab
C) PB Rathinam Vs. Union of India

411

D) State of Maharashtra Vs. Chandraben

50. A's nephew has absconded from his home. He sent his servant to trace his
missing nephew. When the servant had left. A then announced that anybody
who discovered the missing bey, would be given the reward of Rs.500. The
servant discovered the missing boy without knowing the reward. When the
servant came to know about the reward, he brought an action against A to
recover the same. But his action failed. tt was held that the servant was not
entitled to the reward because he did not know about the offer when he
discovered the missing boy. Name the case on reading the facts
A) Lalman Shukla v. Gauri Dutt
B) Donogue v. Stevenson
C) Tweedle v. Atkinson
D) Dutton v. Poole

54. The commencement of arbitral proceedings is not dependant on interim
relief being allowed or denied under S.9 of the Arbitration and Conciliation Act,
1996. Supreme Court in which case held so
A) Firm Ashok Traders &another v. Gurumukh Das Salujagothers
B) M.M.T.C Lid. v. Sterile Industries (India) Lid.
C) National Thermal Power Corporation v. Flowmore (P.) Lid.
D) Magma Leasing Ltd. v. NEPC Micon

66. “Contravention of contract labour Act would not create employment
relationship between contract labour and principal establishment.” It was so
held in which case
A) SAIL vs, National Union Water front Workers
8) Air India Statutory Corporation vs. United Labour Union & Ors

412

(C) Bangalore Water Supply and Sewerage Board vs. A Rajappa
D) State of UP vs. Jai Bir Singh

68. A teacher is not a workman falling under the category of Workman under
Industrial Disputes Act, 1947. This was upheld in which case
A) Miss A. Sundarambal v. Government Of Goa, Daman and Diu & Others
B) Ahmedabad Pvt. Primary Teachers’ Association v. Administrative Officer And Ors
C) University of Delhi v. Ramnath Employees Union v. Management Of The Gymkhana
D) Secretary, Madras Gymkhana Club Employees Union v. Management Of The Gymkhana

83. 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-avis the tortious principle of strict liability. -
Held in the case of
A) Francis Caroli Vs. State
B) Shriram food and Fertilisers case
C) PUCL Vs. Union of India
D) State of Punjab Vs. Mahinder Singh Chawla

90. A seven-member bench of the Supreme Court unanimously struck down
clauses 2(d) of Art.323A and Clause 3(d) of Art 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 Art.224 and in the Supreme Court under Art.3z. This is an
integral part of the basic structure of the constitution. Name the case
A) L. Chandra Kumar vs. Union of India

413

B) Kihota Hollohon vs. Zachilhu
C) Nagaraj vs. State of A.P
D) Rajendra Singh Rana vs. Swami Prasad Maurya

92. Where two parties have made a contract which one of them has broken the
damage which the other party ought to receive in respect of such breach of
contract should be either such as may fairly and reasonably be considered
arising naturally i.e. according to the Usual course of things from such breach of
contract itself of such may reasonably be supposed to have been in the
contemplation of the parties at the time they made the contract as the probable
result of breach of it.” In which case the principle was down so:
A) Clegg v. Hands
B) Kapur Chand v. Himayet Ali khan
C) Frost v. Knight
D) Hadley v. Baxendale

96. Intention not to create a legal obligation was clear from the conduct of
parties which among the popular cases deals on the topic.
A) Balfour v. Balfour
B) Conogue v. Stevenson
C) Derry v. Peek
D) Birch v. Birch

AIBE - VI

40. Indian Council of Legal Aid and Advise v. BCI case deals with the issue of
A) Prescribing pre-enrolment training for advocates

414

B) Prescribing minimum qualification for an advocate
C) Prescribing uniform attire for the advocates appearing in the court of law
D} Prescribing age bar on enrollment of advocates

51. Ratilal v. State of Bombay is a popular case on the point of
A) Res judicata
B) Res sub-judice
C) Restitution
D) Doctrine of Cy-pres

95. Passive euthanasia under certain circumstance is permissible - held in the
case of
A) Aruna Ramachandra Shanbaug Vs. Union of India
8) Gian Kaur Vs State of Punjab
C) State of Maharashtra Vs. Maruty Sripaty Dubal
D) PB Rathinam Vs Union of India

96. It was held by the Supreme Court that the balance between Fundamental
Rights and Directive Principles of State Policy is the bedrock and the basic
structure of the constitution - in which case?
A) Keshavanada Bharathi v State of Kerala
B) Minerva Mills Vs. UOI
C) Indira Nehru Gandhi y Rajnarain
D) Kihota Hollohonv. Zachilhu

97. K.C. Gajapati Narayan Deo v. State of Orissa, is often quoted with reference
415

A) Doctrine of Eclipse
B) Doctrine of severability
C) Doctrine of colorable legislation
D) Doctrine of territorial nexus

98. Raja Ram Pal v. Hon'ble Speaker, Lok Sabha deals with
A) Presidents election
B) Privileges of the legislature
C) Pardoning power
D) Office of profit

AIBE — VII

4. ------------- was a leading case on the point as to whether an employer has a
right to deduct wages unilaterally and without holding an enquiry for the period
the employees go on strike or resort to go slow
(A) Bank of India v. T.S.Kelawala and others
(B) Randhirsingh v. Union of India
(C) Karnani metals and alloys Ltd. v. Their workmen
(D) Workmen v. Reptakos Brett and Co. Ltd.

12. “Pollution is a civil wrong. By its very nature, it is a tort committed against
the community as a whole. A person, therefore, who is guilty of causing
pollution, has to pay damages (compensation) for restoration of the
environment. He has also to pay damages to those who have suffered loss on
account of the act of the offender. Further, the offender can also be held liable to
pay exemplary damages so that it may act as a deterrent for others not to cause

416

pollution in any manner. However, the court cannot impose any pollution fine in
absence of any trial and finding of guilty under the relevant statutory
provisions." This observation was made in
(A) M.C. Mehta v. Kamal Nath
({B) Calcutta Tanneries Case
(C) M.C. Mehta y. UO!
(D) AP. Pollution Control Board v. M.V. Nayudu

17. “If an accused is charged of a major offence but is not found guilty
thereunder, he can be convicted of minor offence, if the facts, established
indicate that such minor offence has been committed.” It was so upheld in which
case
(A) Sangarabonia Sreenu v. State of Andhra Pradesh
(B) State of Himachal Pradesh v. Tara Dutta
(C) Shamsher Singh v. State of Punjab
(D) Nalini v. State of Tamil Nadu

29. In which case the Supreme Court held that Part 1.07 the Arbitration end
Conciliation Act would equally apply to international commercial arbitration held
outside India, unless any or all provisions have been excluded by agreement
between the parties.
(A) Bhatia International v. Bulk Trading S.A
(B) United India Ins. Co. Ltd v. Associated Transport Corpn. Ltd
(C} Hakam Singh v. Gammon (India) Ltd.
(D) Ajmera Brothers v. Suraj Naresh Kumar Jain

417

61. In the judgment of the Supreme Court in Salem Bar Association vs. Union of
India, the Supreme Court had requested this committee headed by ------------ to
prepare a case management formula.
(A) Justice Bhagwathi
(B) Justice Muralidhar
(C) Justice Raveendran
(D) Justice Jagannandha Rao

65. The concept of ‘privity of contract was rejected in
(A) Winterbottom vy. Wright
(B) Donoghue v. Stevenson
(C) Longmeid v. Holiday
(D) Heaven v. Pender

67. Accountability of medical professional and the need for qualitative change in
the attitude of the medical service provided by the hospitals was emphasized by
the Supreme Court in which of the following cases
(A) Bhatia International v. Bulk Trading 5.4
(B) Indian Medical Association v. V.P. Shantha and Ors
(C) Manekha Gandhi v. Union of India
(D) Lucknow Development Authority M.K. Gupta

74. The question whether the Fundamental Rights can be amended under
Art.368 came for consideration first time in
(A) Shankari Prasad v. Union of India
(6) Keshavananda Bharati v. Union of India

418

(C) Golak Nath v. State of Punjab
(D) None of the above

76. Equality of opportunity discrimination with reasons. It was observed by apex
court in
(A) State of Kerala v. N.M. Thomas
(B) Indira Sawhney v. Union of India
(C) AIR India ¥. Nargesh Mirza
(D) All the above

80. S.41-B is inserted in to the Criminal Procedure Code on the basis of which
among the following decisions
(A) NandiniSatpathy v.PL Dhani
(B) Sunil Batra v. Delhi Administration
(C) Prem Shankar Shukla v. Delhi Administration
(D) D.K Basu v. State of West Bengal

86. Rabindra Kumer Pal@ Dara Singh v. Republic of India a famous case coming
under S.30 of Evidence Act is also well known as
(A) Graham Stains Murder case
(B) Graham Bells Murder case
(C) Graham Street's Murder case
(0) Graham Stoits Murder case

90. Frost v. Knight is 2 leading case on

(A) S.32

419

(B) S.33
(C) S.34
(D) S.25

AIBE - VIII

1. “Mere illegality of the strike does not per se spell unjustifiability". J. Krishna
lyre In which case declared so
a) Chandramalai Estate v. Its workmen
b) Associated Cement Ltd., V. Their workmen
c) Gujarat Steel Tubes V. Gujarat Steel Tubes Mazdoor Sabha
d) Indian General Navigation of Railway Co. Lid., V. Their workmen

4. Pick out the case that is popularly called as the Solicitor's Case.
a) Ahmedabad Textile Industry's Research Association V. State of Bombay
b) National Union of Commercial Employees V. Industrial Tribunal Bombay
c) Salem Advocates Bar Association v. Union of India
d) Central Machine Tools Institute v. Dy. Registrar of Trade Unions

5. identify the case that is related to the need for promotion and preservation of
internal democracy within trade unions
a) Jay Engineering Works Lid, v. State of West Bengal
b) Railway Union v. Registrar of Trade Unions
c) ONGC Workmens Association v. State of West Bengal
d) Hanumantha Rao v. Dy. Registrar of Trade Unions

420

10. It was held by the Supreme Court that noise pollution beyond permissible
limits cannot be tolerated, even if such noise was a direct result of and was
connected with religious activities in the case of

a) Vellore Citizens Welfare Forum vs. Union of India

b) Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare
Association

c) Rural Enlightenment Kendra v Union of India

d) Narmada Bachao Andolan v Union of india

11. The Supreme Court observed, Where an enterprise is engaged ina 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.

a) Subhash Kumar Vs State of Bihar 1991

b) Rural Litigation and Entitlement. Kendra Vs State of U.P 1985

c) M.C. Mehta Vs Union of India 1986

d) Union Carbide v Union of India, 1984

21. The requirement to give reasons in administrative decisions which affect
rights and liabilities has been held to be mandatory by the Supreme Court in….

a) S.N. Mukherjee v/s Union of India

b} State of Orissa v/s Dr Binapani Dei

421

c) State of Maharashtra v/s Jalgaon Municipal Council
d} Motilal Padampat Sugar Mills Co. Ltd. v/s State of UP

24. In which famous case this issue had come up. Whether the advocate had
committed a professional misconduct and is guilty of the offence of the criminal
contempt of the Court for having interfered with and obstructed the course of
justice by trying to threaten, overawe and overbear the Court by using insulting.
disrespectful and threatening language.
a) Vinay Chandra Mishra, In Re
b) Ex -Capt. Harish uppal V. Union of India
c) Hikmat Ali Khan v: lshwar Prasad Arya and ors
d) None of the above

25. “Misconduct” would cover any activity or conduct which his professional
brethren of good repute and competency would reasonably regard as disgraceful
or dishonourable. It may be noted that the scope of “misconduct” is not
restricted by technical interpretations of rules of conduct. This was proven
conclusively in the case of
a) Noratanman Courasia v, M. R. Murali
b) Bar Council of Maharashtra v. M.V. Dahbolkar
¢) In NG. Dastane v. Shrikant S. Shinde
d) B. M. Verma v. Uttrakhand Regulatory Commission

26. 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 DC Saxena
b) M Veerendra Rao v Tek Chand
¢) Shambhu Ram Yadav v. Hanuman Das Khatry

422

d) Prahlad Saran Gupta v..Bar- Council of India

27.In which case, where the advocate of one of the parties was asking for
continuous adjournments to the immense inconvenience of the opposite party. it
was held by the Supreme Court that seeking adjournments for postponing the
examination of witnesses who were present without making other arrangements
for examining such witnesses is a dereliction of the duty that an advocate owed
to the Court, amounting to misconduct.

a) N.G. Dastane v. Shrikant S. Shinde

b) Sambhu Ram Yadav v.Hanuman Das Khatry

c) Noratanman Courasia v. M.R. Murali

d) None of the above

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

a) Renu Sagar Power Co vs. General Electric Corporation

b) ONGC vs, Saw Pipes Ltd.

c) Sundaram Finance vs. NEPG

d) Olympus Superstructures Pvt. Lid vs. Meena Vijay Khetan

29. 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.

a) TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd.

b) Comed Chemicals Ltd. v, C.N. Ramchand

c) Shreejee Traco (I) Pvt. Ltd. v. Paperline Intemational Inc

d) Bhatia International v. Bulk Trading

423

74. 1f by imposing solitary confinement there is total deprivation of comraderie
(friendship amongst co-prisoners coming and taking and being talked to. it
would offend Ar21 of the Constitution. The liberty to move, mix, mingle, talk.
share company with co-prisoners If substantially curtailed would be violative of
Art, 21- This was held in the case of
a) Suni Batra Vs. Delhi Administration AIR 1978 SC 1475
b) Kishore Singh Vs State of Rajasthan AIR19B1 SC 625
c) D.K. Basu Vs State of West Bengal AIR 1997 SC 610
d} Parmanand Katara V's Union of India - AIR 1989, SC 2039

75. In State of Karnataka Vs Union of India AIR 1978 SC 68, Appointment of a
commission by the Union government under S. 3(1) of the Commission of
Inquiry Act (60 of 1952) to look into the charges of corruption etc against the
Chief Minister and other Ministers of a state was challenged. It was held.
a) Arbitrary under Art.14
b) Violates federal principle
¢) Jurisdiction of the Court is ousted and hence violates the Basic Structure of the
Constitution
d) Federal Structure is not jeopardized.

76, Equality is a dynamic concept with many: aspects and dimensions and it
cannot be “cribbed, cabined and confined" within traditional and doctrinaire
limits. From a positivistic point of view, equality is antithetic to arbitrariness. In
fact equality and arbitrariness are sworn enemies — this was stated in the case
of
a) Jespar & Slong v. State of Meghalaya, AIR 2004 50 3533
b) Vajravelu Mudiliar Vs. Special Dty Collector, AIR 1965 50 1017
c) E. P Royappa v. State of T.N. AIR 19745 6 555

424

d) in Punjab Communication Ltd. v. Union of India - 1999 (4) SCC 727

78. Section 41-8 is incorporated into the Criminal Procedure Code on the basis of
which of the following decisions
a) Nandini Satpati v. P.L.Dani
b} Sunil Batra v. Delhi Administration
c) Prem Shankar Shukla v. Delhi Administration
d) DK Basu v. State of West Bengal

94. A corporate resolution is not offer unless efforts are made communicate it.
Which case held so
a) Blair v. Western Mutual Benefit Association
b) RL v. Dawood
e) Harvela Investments Ltd. v. Royal Trust Co. of Canada,
d) None of the above

AIBE — IX

75. The Bar Council of India Rule which stipulated that persons aged 45 years
and above could not be enrolled as advocates was struck down by the Supreme
Court in
a) In E.S. Reddi v Bar Council of India
b) Indian Council of Legal Aid and Advise v Bar Council of India
c) PR Shanmugam v Bar Council of India
d) Legal Committee v Bar Council of India

425

78. The Supreme court held in V.C. Rangadurai v D. Gopalan An advocate who
has been disbarred or suspended from practice must prove after expiration of a
reasonable length of time that
a) He appreciates the insignificance of his dereliction
b) He has lived a consistent life of poverty and integrity
c) He possesses the good character necessary to guarantee uprightness and
honour in his professional dealings
d) The burden is on the applicant to establish that he entitled to resume the privilege of
practicing law without restrictions

82. The provisions of the Arbitration and conciliation Act of 1994 have to be
interpreted being uninfluenced by the principles underlying the 1940 Act. This
observation was laid down in
a) M.M.7.C. Ltd vs Sterlite Industries (India) Lid
b) Sunderam Finance Ltd, V N.E.P.C. Ltd.
c) Olympus Superstructures Pvt Ltd v. Meera Vijay
d) Orma Impex Pyt Lid v Nissari Pvt. Ltd.

AIBE — X

15. In which case did the Supreme Court hold that "misconduct envisages
breach of discipline
a) P.D Gupte Vs. Ram Murti
b) Noratanmal Chaurasia Vs. M.R. Murli
c) PJ Ratnam Vs. DB. Kanikaram
d) None of the above

426

25. Which is the leading case on environment
a) M.C. Mehta Vs Union of India
b) Union of India Vs HS. Dhillon
c) Maneka Gandhi Vs Union of India
d) None of the above

27. Pre-emption on the ground of Shafie-i-Jar was declared unconstitutional in
a) Bhau Ram Vs Baij Nath
h) Govind Dayal Vs Inayatullah
c) Bhagawan Das Vs Chetram
d} Ram Saran Lall Vs Mst. Domini Kuer

32. Vikramaditya Vs. Smt. Jamila Khatoon ts an important case relating to
professional misconduct due to which factor
a) Advocate attending the court with fire arms
b} Not appearing before the court deliberately and intentionally
c) Suppression of material facts with intention to harass poor persons
d} Defrauding the client by exploiting the client's illiteracy

37. Which case is leading case on arrest
a) Joginder Kumar Vs State of U.P.
b) State of W.B. Vs DK. Basu
c) Both a and b
d) None of the above

427

57. Under which Supreme Court judgment, action of the President to summon,
proroque and dissolve either of the houses of the parliament, shall be
unconstitutional if acted without advice of Council of Ministers
a) Indira Gandhi Vs. Raj Narain A.A. 1975 5.0 2299
b) Anandan Vs. Chief Secretary, AR. 1966 5.0 657
c) Rao Vs. Indira Gandhi ALR. 1971 3.0. 1002
d) None of the above

65. Which of the following case is leading case in term of ‘deliberate delay in
Tiling of the suit resulting in huge losses to the complainant
a) Prof. Krishanraj Goswami Vs, Vishwanath D. Mukashikar
b) Pratap Narayan Vs. ¥. PB Raheja
¢) Babulal Jain Vs. Subhash Jain
d) John D'Souza Vs Edward Ani

74. Recently, in which case the Kerala High Court held that a University Grant
Commission criterion which allowed certain relaxation in marks to reserved
categories as violation of Article 16(1) of the Constitution
a) Nair Service Society Vs UGC; WP(C) No. 5190 of 2016 (W)
b) CBSE VS UGC; WP{C) No. 5190 of 2076 (W)
c) UGC Vs State of Kerala; WP(C} No. 5790 of 2016 (W)
d) UGC Vs Secretary of State; WP(C) No. 5190 of 2076 (W)

75. In which of the following cases, it was said that "unless a right of appeal is
clearly given by statue it does not exist":
a) M/s. Ram Narayan Pyt. Ltd. Vs Trading Corporation Ltd. A.1.R.1983 5.0. 786
b) Raja Himanshu Dhar Singh Vs Addl. Registrar, A.IR 1962 ALL. 439

428

c) Zair Hussain Khan Vs Khurshed Jain (1906) LR 28 ALL. 545
d) Smt. Gangabai V's Vijaya Kumar, 4.1. 1974 5.C 1126

87. The distinction between Sections 299 and 300 was made clear by Melvill. in
a) Reg Vs Guruchand Gope
b} Reg Vs Govinda
c) Reg Vs Hayward
d} Govind Vs Reg

92. In joint trail, the evidentiary value of confession of a co-accused affecting
himself and others, has been discussed by the supreme court in
a) Kashmira Singh Vs state of mp
b} Sate of UP Vs Deorman Upadhyay
¢) Ram Bharose Vs state of up
dj Rameshwar Vs State of Rajasthan

97. In which of the following cases the Supreme Court of India opined that “bail
is the surety and jail is an exception"

a) Joginder Kumar Vs State of U.P

b) Moti Ram Vs State of M.P

c) Maneka Gandhi Vs Union of India

d) State of W.B. Vs D.K. Basu

429

AIBE — XI

35. The case Krishna Gopal Vs State of MP
a) Water pollution
b) Air and water pollution
c) Noise and air pollution
d) Water and noise pollution

47. In Maneka Gandhi case it was observed that
a) Confiscation of Passport was correct
b) Right to go abroad is not within the meaning of Article 21
c) Right to go abroad is within the ambit of Article 19 (1) (A) but the
confiscation of Passport is not in accordance to law
d) None of the above

51. Indra Sawhney Vis Union of India is popularly known
a) Judges Transfer Case
b) illegal Detention case
c) Mandal Commission case
d) Constitutional case

52. Due to the outcome of this case slum dwellers were benefitted
a) NK Chanda V/s. State of Haryana
b) Olga Tellis v/s Bombay Municipal Corporation

430

c) PV. Narasimharao V/s. Union of india
d) Ratlam Municipal Council V's. Vardichand

54. Supreme Court in SP Gupta Ws. Union of India AIR 1982 SC 149, decided
a) Free Legal Aid
b} Bonded labours
c) Judges Transfer
d) Illegal detention

56. Vishakha Vs. State of Rajasthan case Is related
a) Sexual harassment at workplace
b} Protection of civil rights
c) Uniform civil code
d) None of the above

81. Rupa Bajaj Vis. KPS Gill, is a famous case which the Supreme Court decided
a) Wrongful restraint
b) Wrongful confinement
c) Outrage the modesty of a women
d} Maintenance to the divorced women

AIBE — XII

3. A landmark Habeas Corpus Petition was filed during emergency, that is
a) Keshavanand Bharati V/s. State of Kerala

431

b} Golaknath V.s State of Punjab
c) MC Mehta V/s. Union of india
d) ADM Jabalpur V/s. Shivkant Shukla

32. Supreme court has decided in Keshavanand Bharati Vs. State of Kerala, that
a) Parliament can amend any provision of the constitution
b) Parliament cannot. amend any provision of the constitution
c) Parliament can amend any provision of the constitution but not to alter the
basic structure and basic feature of the constitution
d) None of the above
42. The Kashmira Singh Vs. State of Punjab is a leading case
a) Dying Declaration
b} Admission
c) Confession
d) None of the above

47. The Family courts have concurrent jurisdiction to pass a decree for
dissolution of marriage under the Indian Divorce Act: In which case the order
was passed:

a) Handa v/s. Handa (AIR 1955)

b} Dr. Mary V/'s. Dr. Vincent (AIR 1997)

c) Peter V's. Anglina (AIR 1992)

d) None of the above

49. Which one is a case of public interest

a) Vishaka V/s State of Rajasthan

432

b) Minerva Mills V/s. Union of India AIR 1980
c) Municipal Council, Ratlam V.s. Vardichand AIR 1980
d) All the above
e) None of these

61. English case Ryland vs. Fletcher laid down a very important rule
a) Absolute Liability
b) Vicarious liability
c) Indirect liability
d) Financial liability
e) None of these

63. “Custodial death is perhaps one of the worst crimes in a civilised society
governed by the Rule of Law”. In which case supreme court made this remark,
a) A.K. Gopalan V/s. State of Madras
b) M.c. Mehta V/s. Union of India
c) DK. Basu V/s. State of Bengal
d) Visakha V/s. State of Rajasthan

AIBE — XIII

2. Which one of the following is a leading case on ‘Injuria Sine

a) Rylands Vs Fletcher

b) Ashby Vs White

c) Donougue Vs Stevension

433

d) All of the Above

3. Which one is leading case on Strict Liability
a) Alen Vs Flood
b) Rylands Vs Fletcherald
c) Borhil Vs Young SORTE
d) Donouque Vs Stevension

14. Section 66A was invalidated by the Supreme Court of India in:
a) Anvar PV. Vs PK. Basheer, (2074)10 SCC 473.
b) Shreya Singhal Vs Union of India, AIR 20158 1523.
c) Or. Prafulla Desai Ws State of Maharashtra, AIR 2003 SC 2053.
d) State (NCT of Delhi} Vs Navjot Sandhu, (2005) 11 SCC 600.

27. The doctrine of Lis pendens' was explained in the leading case of:
a) Bellamy Vs Sabine
b) Cooper Vs Cooper
c) Streatifised Vs Streafield
d) Tulk Vs Moxbay_

28. Delegated legislation was declared constitutional in?

a} Berubari case

b) Re Delhi laws act case

c} Keshwamand bharti case

id) Maneka Gandhi case

434

33. The Supreme Court of India issued a prevention of Woman in Various forms
of prostitution and to rehabilitate their Children Through various welfare
measures an 'so as to provide them with dignity of person, means of livelihood
and socioeconomic development in the Case of
a) Vishaka Vs State of Rajasthan, AIR 1997 Section 3017
b) Gaurav Jain V5 Union of India, AIR 1997 Section 3021
¢) Delhi Domestic Working women’s Forum Vs Union of India (1998) 1 Section 14
d) Sheela Barse Vs Union of India (1986) 35 Section 596

35. Right to fare Legal Aid was recognised as a fundamental right under act 21
of Indian Constitution in the Case of
a) Husseainara Khatoun Vs Home Secretary, State of Bihar, Air 1979 SC
b) M.H Hoskot Vs State of Maharashtra, Air 1978 SC 1548
c) Madhu Mehta Vs Union of India (1989) 4.5¢ 1548
d} Rudal Shah Vs State of Bihar (1993) 45 Sc 14

55. State of U.P. Vs Nawab Hussain, 1977 SCR (3) 428 relates to
a) Res subjudice.
b) Res judicate.
c) Constructive resjudicata
d) Deemed rejudicata

68. In which of the following cases the ‘Principal of common Employment was
evolved for the first time?
a) Rylands Vs Fletcher

435

b) Priestley Vs Fowler
c) Ashby Vs White
d)} Wagon Vs Mound

75. The distinction between section 29° and 300 was made clear by Melvill.J.in
a) Reg Vs Gorachand Gopee
b) Reg Vs Govinda
c) Govinda Vs Reg
d} Reg Vs Hayward

AIBE — XIV

5. The Concept of ‘Curative’ Petition was introduced by the Supreme Court of
India in the case
A. Rupa Ashok Hura Vs. Ashok Hura, AIR 2002 SC 1771
B. M.C.Mehta Vs. Union of India, AIR 1987 SC 1087
C. Krishna Swami V's. Union of India, (1992) 45: CC 605
D. Sheela Barse V's. Union of India, (1986)35 CC 5962

6. Right to Fare Legal Aid was recognised as a Fundamental Right under Act 21
of Indian Constitution in the case of
A. Hussaainara Khatoon Vs. State of Bihar, AIR 1979 SC 1360
B. M.H Hoskot Vs. State of Maharashtra, AIR 1976 SC 1548
C. Madhu Mehta Vs. Union of India (1989) 45¢ 1548
D. Rudal Shah Vs. State of Bihar (1983) 45 $c 14

436

7. The case of Muhammad Allahdad Khen Vs Muhammad Ismail Khan is related
to:
A. Pre-emptiori
B. Gift
C. Mahr
D. Adoption

8. In which of the following cases, the Supreme Court was in 2017 declared
pronouncements of talaq three times at a time by a Muslim husband as
unconstitutional?
A. Shayara Bano Vs. Union of india
B. Shassnim Ara Vs. State of UP
C. Baitahira Vs. Ali Hasan
D. Danial Latifi Vs. Union of India

12. Which of the following is not a case of Public Interest Litigation:
A. Kesavananda Bharti v. State of Kerala AIR 1973 SC 1461
B. Vincent Narayan v. Union of India, AIR 1986 SC 869
C. Union of India v. Association for Democratic Refonms, AIR 2002 SC 2112
D. Vincent Panikurlangara v. Union of India, AIR 1987 SC 990.

20. Supreme Court of India held that it is permanent obligation of every member
of medical profession either government or private to give medical aid to every
injured person brought for treatment immediately without waiting for
procedural formalities in the case of
A. Common Cause Vs. Union of India (1996) 1 SC 753

437

B. Peoples Union of India, AIR 1943 SC 339
C. Parmanand Katara Vs. Union of India, AIR 1989 SC 2039
D. Lakshmi Kant Pandey Vs. Union of India (1984) 25 SC 244

21. The Supreme Court of India has issued the direction to make the CBI
independent agency so that it can function more effectively and investigate
Crimes and Corruptions at high places in public life in the Case of
A. Union of India Vs. Association For democratic reforms, AIR 2002 SC 2112
B. Bangalore medical Trust Vs. 6.5 Muddappa (1991) 45 $C 54
C. Vincent Panikurlangre Vs. Union of India (1987) 2 SC 165
D. Vincent Narayan V's. Union of India, AIR 1998 SC B89

23. The Kashmira Singh Vs State of MP is a leading case
A. Dying declaration
B. Admission
C. Confession to police officer
D. Confession of a co-accused

28. In which case Justice J.C. Shah of S.C. observed ‘Since by the exercise of the
power a serious invasion is made upon the rights, privacy and freedom of the tax
payer, the power must be exercised strictly in accordance with law and only for
the purpose for which law authorizes it to be exercised’
A. Director of Inspection VWs Pooranmal
B. ITO Vs Seth Brothers
C. PR. Metrani Vs CIT
D. None of the choices

438

69. In which of the following cases the court has laid down that ‘Right to life’
does not include ‘Right To die?
A. State Vs Sanjay Kr. Bhatia
8. Smt. Gian Kaur Vs State of Punjab
C. R Vs Holiday
D. D P Rethinam Vs Union of India

72. In which of the following cases, the Supreme Court held that an
International Commercial Arbitration is one which has its juridical or legal seat
of arbitration outside India:
A. Bhatia International Vs. Buk Trading $.4. (2002).4 SCC 105,
B. Bharat Aluminium Company Vs. Kaiser Aluminium Technical Services Inc.
(2012) 9 SSC 552:
C. Booz Allen and Hamilton Inc. Vs. SBL Home Finance Limited (2011) 5 SCC 532.
D. Vimal Kishore Shah Vs. Jayesh Dinesh Shah (2016) & SCC 788.

87. In which case Supreme Court held that whether teachers are not workmen?
A. Dharangadhara Chemical work Ltd. Vs. State of Saurashtra, AIR 1957 Section 264:
B. University of Delhi Vs. Ram Nath, AIR 1963 Section 1873
C. J.K Cotton Spinning and Weaving Mills Co. Ltd. Vs. L.T AIR 1964 Section 737
D. Sunderambal Vs. Government of Goa, AIR (1988) Section 1700.

NOTE – Kindly Rectify the Answers if any queries will be there.

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2012 Set - D

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