AIBE 18 Set B English Question Paper with Answers & Solutions

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AIBE XVIII Set B English: Solved Question Paper

Question 1: Which of the following is incorrect with respect to the diary of proceedings in the investigation as per the Code of Criminal Procedure, 1973?

(A) The statements of witnesses recorded during the investigation shall be inserted in the diary.¹

(B) The diary shall be duly paginated.

(D) Can be used by the police officers to refresh memory.

Solution: (C) The diary may be used as evidence.

Explanation: While the diary is an important record, it cannot be used as evidence in itself. However, police officers can use it to refresh their memory.

Question 2: In which of the following cases the manner of committing the offense is not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973?

(A) A is accused of the theft of a certain article at a certain time and place.

(B) A is accused of cheating B at a given time and place.

(D) A is accused of giving false evidence at a given time and place.

Solution: (C) A is accused of disobeying a direction of the law with intent to save B from punishment.

Explanation: In certain charges, the specific manner of committing the offense isn’t always mandatory, especially when the offense is clearly defined by law, as in this option.

Question 3: Which of the following offenses may be tried summarily as per the Code of Criminal Procedure, 1973?

(A) Offense under Section 454 of the IPC.

(B) Offense under Section 504 of the IPC.

(D) Offense punishable with life imprisonment.

Solution: (B) Offense under Section 504 of the IPC.

Explanation: Summary trials are typically for less serious offenses, and while option C might seem correct, option B is specifically listed under offenses that can be tried summarily.

Question 4: Which of the following sections of the Code of Criminal Procedure, 1973 provides for reference to the High Court?

(A) Section 275

(B) Section 325

(D) Section 395

Solution: (D) Section 395

Explanation: Section 395 of the CrPC deals with reference to the High Court in certain situations, such as when the validity of any Act, Ordinance or Regulation is in question.

Question 5: A person accused of the following offense may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973:²

i. Accused of offense under Section 376AB of the IPC.

ii. Accused of offense under Section 376DA of the IPC.

iii. Accused of offense under Section 376DB of the IPC.

(A) i & ii

(B) ii & iii

(D) i, ii & iii

Solution: (D) i, ii & iii

Explanation: Section 438 of the CrPC relates to the direction for grant of bail to person apprehending arrest. However, in cases of certain heinous crimes like those mentioned (376AB, 376DA, and 376DB), bail is generally restricted.

Question 6: Which of the following acts if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure,³ 1973?

(A) Tender a pardon under Section 306 of CrPC.

(B) Recall a case and try it under Section 410 of the CrPC.

(D) Hold an inquest under Section 176 of the CrPC.

Solution: (A) Tender a pardon under Section 306 of CrPC.

Explanation: Section 306 deals with the power to tender pardon to an accomplice, and if a Magistrate does this without proper authority, it can invalidate the proceedings.

Question 7: Which of the following is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908?

(A) Averments made in the plaint

(B) Averments made in the written statement

(D) Neither (A) nor (B)

Solution: (A) Averments made in the plaint

Explanation: The jurisdiction of a Civil Court is primarily determined by the statements made by the plaintiff in the plaint.

Question 8: Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908?

(A) Suit for recovery of voluntary payments or offerings.

(B) Suit for rights of franchise.

(D) Suit relating to rights of worship.

Solution: (B) Suit for rights of franchise.

Explanation: Suits relating to rights of franchise (i.e., the right to vote) are generally not considered suits of a civil nature within the scope of Section 9 of the CPC.

Question 9: Which of the following provisions of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in a representative suit?

(A) Section 11, Explanation V

(B) Section 11, Explanation VI

(D) Section 11, Explanation VIII

Solution: (B) Section 11, Explanation VI

Explanation: Explanation VI to Section 11 of the CPC specifically addresses res judicata in relation to representative suits.

Question 10: In which of the following situations will a court not issue summons for personal appearance to the defendant?

(A) If the defendant resides within the local limit of the court’s jurisdiction.⁴

(B) If the defendant resides within 40 miles from the court.

(D) Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply.

Solution: (D) Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply.

Explanation: Section 132 of the CPC grants certain exemptions to women from personal appearance in court.

I hope this detailed explanation is helpful! Let me know if you’d like me to continue with the next set of questions.

Question 11: In which of the following situations is the plaintiff precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908?

(A) Dismissal of suit where summons not served in consequence of the plaintiff’s failure to pay costs.

(B) Dismissal of suit because neither party appeared.

(D) Dismissal of suit because the plaintiff did not apply for a fresh summons within the given time limit once it returned unserved. [cite: 34, 35, 36, 37]

Solution: (D) Dismissal of suit because the plaintiff did not apply for a fresh summons within the given time limit once it returned unserved. [cite: 37]

Explanation: This specific scenario precludes the plaintiff from filing a fresh suit, as it relates to the plaintiff’s own inaction in pursuing the case diligently. [cite: 37]

Question 12: How many times at max. may an adjournment be granted to a party during the hearing of the suit as per the Code of Civil Procedure, 1908?

(A) Two times

(B) Three times

(D) No limit prescribed [cite: 38, 39]

Solution: (B) Three times [cite: 39]

Explanation: The CPC puts a limit on the number of adjournments that can be granted to a party. [cite: 38, 39]

Question 13: Which of the following Amendment Acts made the provision in the Code of Civil Procedure, 1908 to produce a witness without a summons?

(A) The Code of Civil Procedure (Amendment) Act, 1976

(B) The Code of Civil Procedure (Amendment) Act, 1999

(D) Such provision does not exist. [cite: 40, 41]

Solution: (D) Such provision does not exist. [cite: 41]

Explanation: The CPC does not have a provision to produce a witness without a summons. [cite: 41]

Question 14: Which of the following is not included in the word “costs” as provided under the Code of Civil Procedure, 1908?

(A) The expenses of the witnesses incurred.

(B) Legal fees and expenses incurred.

(D) Any other expenses incurred in connection with the proceedings. [cite: 42, 43, 44]

Solution: (C) Fooding and lodging expenses incurred. [cite: 43]

Explanation: While costs cover various expenses related to the legal proceedings, fooding and lodging are generally not included. [cite: 43, 44]

Question 15: What period is prescribed under the Code of Civil Procedure, 1908 for the defendant to enter an appearance for filing an address for service of notice on him in the case of a suit where summary procedure is to be applied?

(A) Seven days from the date of receiving summons.

(B) Ten days from the date of receiving summons.

(D) Thirty days from the date of receiving summons. [cite: 45, 46, 47]

Solution: (B) Ten days from the date of receiving summons. [cite: 46]

Explanation: In summary procedures, the defendant has a shorter period to enter an appearance. [cite: 45, 46, 47]

Question 16: Under which of the following provisions of the Code of Civil Procedure, 1908 may the appellate court remit an issue for trial to the lower court?

(A) Order XLI Rule 23

(B) Order XLI Rule 23-A

(D) Order XLI Rule 25 [cite: 48, 49]

Solution: (A) Order XLI Rule 23 [cite: 49]

Explanation: Order XLI Rule 23 of the CPC deals with the power of the appellate court to remand a case. [cite: 48, 49]

Question 17: A is accused of the murder of B by beating him. Which of the following will not be considered a relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872?

(A) Whatever said by A or B at the time of beating. [cite: 50, 51, 52, 53, 54]

(B) Whatever done by A or B at the time of beating. [cite: 50, 51, 52, 53, 54]

(D) Whatever said by A or B a day before the day of beating. [cite: 50, 51, 52, 53, 54]

Solution: (D) Whatever said by A or B a day before the day of beating. [cite: 54]

Explanation: Facts relevant to the same transaction must be closely connected in time and place. [cite: 50, 51, 52, 53, 54]

Question 18: Which of the following provisions of the Indian Evidence Act, 1872 says that the confession to a police officer shall not be proved against him?

(A) Section 24

(B) Section 25

(D) Section 27 [cite: 55, 56]

Solution: (B) Section 25 [cite: 56]

Explanation: Section 25 of the Indian Evidence Act clearly states that a confession made to a police officer is not admissible in evidence. [cite: 55, 56]

Question 19: Under which of the following provisions of the Indian Evidence Act, 1872, may a dying declaration be admitted as evidence?

(A) Section 25

(B) Section 29

(D) Section 37 [cite: 56, 57]

Solution: (C) Section 32 [cite: 57]

Explanation: Section 32 of the Indian Evidence Act deals with statements of relevant facts by a person who is dead or cannot be found, etc., which includes dying declarations. [cite: 57]

Question 20: Which of the following is correct according to the Indian Evidence Act, 1872, pertaining to the proof of contents of the documents?

(A) Contents of the documents shall be proved by primary evidence. [cite: 58, 59, 60, 61, 62]

(B) Contents of the documents may be proved by secondary evidence. [cite: 58, 59, 60, 61, 62]

(D) Contents of documents may be proved either by primary or by secondary evidence. [cite: 62]

Solution: (D) Contents of documents may be proved either by primary or by secondary evidence. [cite: 62]

Explanation: The Evidence Act allows for proving documents by either primary or secondary evidence, depending on the circumstances. [cite: 62]

Question 21: Which of the following is a correct statement as per the Indian Evidence Act, 1872?

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(A) Leading questions may be asked in examination-in-chief.

(B) Leading questions may be asked in cross-examination.

(D) Leading questions cannot be asked in cross-examination. [cite: 63, 64, 65]

Solution: (B) Leading questions may be asked in cross-examination. [cite: 64]

Explanation: Leading questions are generally permitted in cross-examination to test the veracity of the witness. [cite: 64]

Question 22: In which of the following cases did the Supreme Court of India clarify the admissibility of electronic records as evidence?

(A) Anvar P.V. v P.K. Basheer

(B) State of Haryana v Jai Singh

(D) State of Punjab v Jagir Singh [cite: 66, 67]

Solution: (A) Anvar P.V. v P.K. Basheer [cite: 67]

Explanation: The Anvar P.V. v P.K. Basheer case is a landmark judgment that specifically dealt with the admissibility of electronic evidence. [cite: 66, 67]

Question 23: Which of the following is an incorrect statement in the light of the Indian Evidence Act, 1872?

(A) Confession always goes against a person making it.

(B) Admissions are conclusive as to the matters admitted.

(D) Confession is a statement written or oral which is a direct admission of the suit. [cite: 67, 68, 69]

Solution: (B) Admissions are conclusive as to the matters admitted. [cite: 68, 69]

Explanation: Admissions are not always conclusive and can be explained or rebutted. [cite: 68, 69]

Question 24: Which of the following sections of the Indian Evidence Act, 1872 is an exception to the hearsay rule?

(A) Section 32 (1)

(B) Section 32 (2)

(D) Section 32 (5) [cite: 70, 71]

Solution: (A) Section 32 (1) [cite: 71]

Explanation: Section 32 of the Evidence Act provides exceptions to the hearsay rule, and subsection (1) deals with dying declarations. [cite: 71]

Question 25: Which of the following is not a recognized alternate dispute resolution mechanism under the Code of Civil Procedure, 1908?

(A) Arbitration

(B) Conciliation

(D) Negotiation [cite: 71, 72]

Solution: (D) Negotiation [cite: 72]

Alright, let’s tackle questions 26 to 50 from the AIBE XVIII Set B English question paper.

AIBE XVIII Set B English: Solved Question Paper (Part 4)

Here’s the breakdown of questions 26 through 50, with detailed explanations to guide you:

Question 26: Which of the following is incorrect with respect to the Lok Adalat?

(A) No court fee is required in Lok Adalat.

(B) Lok Adalat can deal with all civil & criminal matters.

(D) No appeal against the award of Lok Adalat is allowed.¹

Solution: (B) Lok Adalat can deal with all civil & criminal matters.²

Explanation: Lok Adalats primarily deal with civil matters and certain compoundable criminal matters. They do not have jurisdiction over all criminal cases.

Question 27: Which of the following is incorrect with respect to the arbitration agreement as per the Arbitration and Conciliation Act, 1996?³

(A) Arbitration agreement may be written as well as oral.

(B) Arbitration agreement may be in the form of a separate agreement.

(D) Arbitration agreement may be for all or certain disputes which may arise between the⁴ parties.

Solution: (A) Arbitration agreement may be written as well as oral.

Explanation: According to the Arbitration and Conciliation Act, 1996, an arbitration agreement must be in writing.

Question 28: In which of the following circumstances may an arbitrator not be challenged as per the Arbitration and Conciliation Act, 1996?⁵

(A) When a justifiable doubt as to his independence arises.

(B) When a justifiable doubt as to his impartiality arises.

(D) When he becomes ineligible⁷ subsequent to his appointment.

Solution: (C) When he possesses the qualifications agreed by the party.

Explanation: An arbitrator can be challenged if there are justifiable doubts about their independence or impartiality, or if they lack the agreed qualifications or become ineligible. Possessing the agreed qualifications is a reason not to challenge.

Question 29: Within what period is an arbitral award to be made as per the Arbitration and Conciliation Act, 1996?

(A) Within six months from the date the arbitrator enters upon the reference.

(B) Within twelve months from the date the arbitrator enters upon the reference.

(D) No time limit is prescribed.

Solution: (B) Within twelve months from the date the arbitrator enters upon the reference.

Explanation: The Arbitration and Conciliation Act, 1996 specifies a time limit for making an arbitral award, which is generally twelve months, extendable by the parties’ consent or by the court.

Question 30: Which of the following provisions of the Constitution of India empowers the Parliament to make laws on any matters enumerated in the State List for any part of the territory of India not included in a State?

(A) Article 249

(B) Article 250

(D) Article 246(4)

Solution: (D) Article 246(4)

Explanation: Article 246(4) of the Constitution empowers the Parliament to make laws with respect to any matter for any part of the territory of India not⁸ included in a State.

Question 31: Which of the following Schedules of the Constitution of India contains provisions regarding the administration and control of Scheduled Areas and Scheduled Tribes?⁹

(A) Fifth Schedule

(B) Sixth Schedule

(D) Eighth Schedule

Solution: (A) Fifth Schedule

Explanation: The Fifth Schedule of the Constitution contains provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and¹¹ Mizoram.

Question 32: Which of the following articles of the Constitution of India states that laws inconsistent with or in derogation of the fundamental rights shall be void?

(A) Article 12

(B) Article 13

(D) Article 15

Solution: (B) Article 13

Explanation: Article 13 of the Constitution declares that any law that takes away or abridges the fundamental rights shall be void to the extent of the contravention.

Question 33: Which of the following writs can be issued by the High Court or the Supreme Court to secure the release of a person who has been unlawfully detained?

(A) Habeas Corpus

(B) Mandamus

(D) Quo Warranto

Solution: (A) Habeas Corpus

Explanation: The writ of Habeas Corpus is a legal remedy to challenge unlawful detention and secure the release of the detained person.

Question 34: The concept of ‘due process of law’ is enshrined in which of the following articles of the Constitution of India?

(A) Article 14

(B) Article 19

(D) Article 22

Solution: (C) Article 21

Explanation: While the Indian Constitution initially used the term “procedure established by law” in Article 21, the Supreme Court has interpreted it to include the principles of “due process of law.”

Question 35: Which of the following articles of the Constitution of India provides for the formation of new States and alteration of areas, boundaries or names of existing States?¹³

(A) Article 1

(B) Article 2

(D) Article 4

Solution: (C) Article 3

Explanation: Article 3 of the Constitution lays down the procedure for the formation of new States and the alteration of existing States’ areas, boundaries, or names.

Question 36: Which of the following parts of the Constitution of India deals with the Directive Principles of State Policy?

(A) Part III

(B) Part IV

(D) Part V

Solution: (B) Part IV

Explanation: Part IV of the Constitution of India contains the Directive Principles of State Policy, which are guidelines for the governance of the country.

Question 37: How many fundamental duties are enshrined in Part IVA of the Constitution of India?

(A) 8

(B) 9

(D) 11

Solution: (D) 11

Explanation: Part IVA of the Constitution, inserted by the 42nd Amendment Act, 1976, initially contained ten fundamental duties. The 86th Amendment Act, 2002 added the eleventh fundamental duty.

Question 38: Which of the following articles of the Constitution of India empowers the President to consult the Supreme Court?

(A) Article 141

(B) Article 142

(D) Article 144

Solution: (C) Article 143

Explanation: Article 143 of the Constitution empowers the President to consult the Supreme Court on any question of law or fact of public importance.

Question 39: Which of the following schedules of the Constitution of India deals with the allocation of seats in the Council of States¹⁴ (Rajya Sabha) to the States and Union Territories?

(A) Third Schedule

(B) Fourth Schedule

(D) Sixth Schedule

Solution: (B) Fourth Schedule

Explanation: The Fourth Schedule of the Constitution specifies the allocation of seats in the Rajya Sabha to the States and Union Territories.

Question 40: The power of the Supreme Court of India to decide disputes between the Union and the States falls under which of the following jurisdictions?

(A) Appellate Jurisdiction

(B) Advisory Jurisdiction

(D) Writ Jurisdiction

Solution: (C) Original Jurisdiction

Explanation: The Supreme Court has original jurisdiction to hear and determine disputes between the Government of India and one or more States, or between the Government of India and any State or States on one side and one or more other States on the other, or between¹⁵ two or more States.

Question 41: ‘Rule of Law’ as embodied in Article 14 of the Constitution of India is akin to the concept propounded by which of the following jurists?

(A) Austin

(B) Dicey

(D) Hart

Solution: (B) Dicey

Explanation: The concept of ‘Rule of Law’ as understood in the Indian Constitution is largely based on A.V. Dicey’s formulation, which emphasizes the supremacy of law, equality before the law, and the predominance of legal spirit.

Question 42: Which of the following is not a ground for reasonable restriction on the freedom of speech and expression under Article 19(2) of the Constitution of India?

(A) Sovereignty and integrity of India

(B) Security of the State

(D) To criticize the policies of the government

Solution: (D) To criticize the policies of the government

Explanation: While the freedom of speech and expression is guaranteed, it is subject to reasonable restrictions on several grounds listed in Article 19(2). Criticizing government policies, in itself, is not a ground for imposing restrictions unless it falls under the other specified categories.

Question 43: Which of the following articles of the Constitution of India abolishes ‘Untouchability’?

(A) Article 15

(B) Article 16

(D) Article 18

Solution: (C) Article 17

Explanation: Article 17 of the Constitution explicitly abolishes ‘Untouchability’ and forbids its practice in any form.

Question 44: The power of the High Courts in India to issue writs under Article 226 of the Constitution of India can be exercised for the enforcement of:

(A) Fundamental Rights only

(B) Ordinary legal rights only

(D) Neither Fundamental Rights nor ordinary legal rights

Solution: (C) Both Fundamental Rights and ordinary legal rights

Explanation: Unlike the Supreme Court’s writ jurisdiction under Article 32 (limited to fundamental rights), High Courts under Article 226 can issue writs for the enforcement of both Fundamental Rights and any other legal right.

Question 45: Which of the following is not a feature of a federal form of government?

(A) Distribution of powers

(B) Supremacy of the Constitution

(D) Independent judiciary

Solution: (C) Single citizenship

Explanation: A single citizenship is generally a feature of a unitary form of government. Federal governments often have dual citizenship (national and state), although India adopts a system of single citizenship within a federal structure. However, among the given options, it is the most distinct feature that is not typically associated with the core principles of federalism (division of powers, constitutional supremacy, and an independent judiciary to uphold the division).

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Question 46: Which of the following statements is correct about the Preamble of the Constitution of India?

(A) It is enforceable in a court of law.

(B) It is not a part of the Constitution.

(D) It can be amended by a simple majority.

Solution: (C) It indicates the source from which the Constitution derives its authority.

Explanation: The Preamble begins with “WE, THE PEOPLE OF INDIA,” indicating that the Constitution derives its authority from the people of India. It is not enforceable in court, is a part of the Constitution (as held in the Kesavananda Bharati case), and requires a constitutional amendment process (not a simple majority) for any changes.

Question 47: Which of the following Schedules was added to the Constitution of India by the Constitution (Ninety-Second Amendment) Act, 2003?

(A) Eighth Schedule

(B) Ninth Schedule

(D) Eleventh Schedule

Solution: (A) Eighth Schedule

Explanation: The Ninety-Second Amendment Act, 2003 amended the Eighth Schedule to include four more languages: Bodo, Dogri, Maithili, and Santhali.

Question 48: Which of the following parts of the Constitution of India deals with the Union Territories?

(A) Part VI

(B) Part VII

(D) Part IX

Solution: (C) Part VIII

Explanation: Part VIII of the Constitution deals with the administration of the Union Territories.

Question 49: Which of the following articles of the Constitution of India provides for adult suffrage?

(A) Article 324

(B) Article 325

(D) Article 327

Solution: (C) Article 326

Explanation: Article 326 of the Constitution establishes that elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage.

Question 50: Which of the following is not a characteristic of ‘State’ as defined under Article 12 of the Constitution of India?

(A) Government and Parliament of India

(B) Government and Legislature of each of the States

(D) Private commercial entities not controlled by the Government

Solution: (D) Private commercial entities not controlled by the Government

Explanation: Article 12 defines ‘State’ to include the Government and Parliament of India, the Government and Legislature of each State, and all local or other¹⁶ authorities within the territory of India or under the control of the¹⁷ Government of India. Purely private entities, not controlled or substantially funded by the government, are generally not included in this definition.

Okay, let’s continue with questions 51 to 75 from the AIBE XVIII Set B English question paper.

Question 51: Which of the following is an essential element of a valid contract?

(A) Intention to create legal relations

(B) Possibility of performance

(D) All of the above

Solution: (D) All of the above

Explanation: A valid contract requires an intention to create legal relations, the possibility of performance, and certainty in its terms.

Question 52: Which of the following sections of the Indian Contract Act, 1872 defines ‘Contract of Indemnity’?

(A) Section 123

(B) Section 124

(D) Section 126

Solution: (B) Section 124

Explanation: Section 124 of the Indian Contract Act, 1872 defines a ‘Contract of Indemnity.’

Question 53: Which of the following sections of the Indian Contract Act, 1872 deals with ‘Agency coupled with interest’?

(A) Section 200

(B) Section 201

(D) Section 203

Solution: (C) Section 202

Explanation: Section 202 of the Indian Contract Act, 1872 deals with ‘Agency coupled with interest.’

Question 54: Which of the following is the correct statement about ‘Quasi-Contracts’?

(A) Quasi-Contracts are not contracts at all.

(B) Quasi-Contracts are true contracts.

(D) Quasi-Contracts are contracts in which all the essentials of a valid contract are absent.

Solution: (A) Quasi-Contracts are not contracts at all.

Explanation: Quasi-contracts are not actual contracts but are legal obligations imposed by law to prevent unjust enrichment. They resemble contracts in their consequences but are based on the principle of equity.

Question 55: Which of the following sections of the Indian Contract Act, 1872 defines ‘Bailment’?

(A) Section 144

(B) Section 146

(D) Section 150

Solution: (C) Section 148

Explanation: Section 148 of the Indian Contract Act, 1872 defines ‘Bailment.’

Question 56: Which of the following sections of the Sale of Goods Act, 1930 defines ‘Buyer’?

(A) Section 2(a)

(B) Section 2(b)

(D) Section 2(d)

Solution: (A) Section 2(a)

Explanation: Section 2(a) of the Sale of Goods Act, 1930 defines ‘Buyer.’

Question 57: Which of the following sections of the Sale of Goods Act, 1930 deals with ‘Sale and agreement to sell’?

(A) Section 2

(B) Section 3

(D) Section 5

Solution: (C) Section 4

Explanation: Section 4 of the Sale of Goods Act, 1930 deals with ‘Sale and agreement to sell.’

Question 64: Which of the following is not a condition for the application of the doctrine of strict liability as laid down in the case of Rylands v. Fletcher?

(A) The thing must be dangerous.

(B) The thing must escape.

(D) The thing must be non-natural use of land.

Solution: (C) The thing must be brought by a person on his land for natural use.

Explanation: In Rylands v. Fletcher, the doctrine of strict liability applies when the thing is brought for a non-natural use of land and escapes, causing damage.

Question 65: Which of the following statements is incorrect about the tort of defamation?

(A) Defamation protects the reputation of a person.

(B) Defamation is a tort as well as a crime.

(D) Truth is not a defence in defamation.

Solution: (D) Truth is not a defence in defamation.

Explanation: Truth is a valid defense in defamation cases, often referred to as ‘justification.’

Question 66: Which of the following statements is correct about the tort of ‘trespass to land’?

(A) Trespass to land is actionable per se.

(B) Trespass to land is not actionable per se.

(D) Trespass to land is actionable with the permission of the owner of the land.

Solution: (A) Trespass to land is actionable per se.

Explanation: Trespass to land is actionable per se, meaning that the plaintiff can sue even without proving any actual damage.

Question 67: Which of the following statements is correct about the principle of ‘Volenti non fit injuria’?

(A) It is not a valid defence in tort.

(B) It is a valid defence in all torts.

(D) It is a valid defence in tort when the plaintiff voluntarily agrees to suffer harm.

Solution: (D) It is a valid defence in tort when the plaintiff voluntarily agrees to suffer harm.

Explanation: ‘Volenti non fit injuria’ is a defense in tort where the plaintiff willingly consents to the risk of harm.

Question 68: The principle of ‘Ubi jus ibi remedium’ means:

(A) There is no wrong without a remedy.

(B) There is no remedy without a wrong.

(D) Where there is a wrong, there is no remedy.

Solution: (C) Where there is a right, there is a remedy.

Explanation: ‘Ubi jus ibi remedium’ means that where there is a legal right, there is also a legal remedy.

Question 69: Which of the following sections of the Consumer Protection Act, 2019 deals with the ‘Liability of product manufacturer’?

(A) Section 82

(B) Section 84

(D) Section 88

Solution: (B) Section 84

Explanation: Section 84 of the Consumer Protection Act, 2019 deals with the ‘Liability of product manufacturer.’

Question 70: Which of the following sections of the Consumer Protection Act, 2019 deals with the ‘Punishment for manufacturing for sale or storing for sale adulterant or spurious goods’?

(A) Section 88

(B) Section 89

(D) Section 91

Solution: (A) Section 88

Explanation: Section 88 of the Consumer Protection Act, 2019 deals with the ‘Punishment for manufacturing for sale or storing for sale adulterant or spurious goods.’

Question 71: Which of the following statements is correct about the National Consumer Disputes Redressal Commission (NCDRC)?

(A) NCDRC can entertain consumer disputes where the value of the goods or services paid exceeds rupees one crore.

(B) NCDRC can entertain consumer disputes where the value of the goods or services paid exceeds rupees two crore.

(D) NCDRC can entertain consumer disputes where the value of the goods or services paid exceeds rupees four crore.

Solution: (B) NCDRC can entertain consumer disputes where the value of the goods or services paid exceeds rupees two crore.

Explanation: The pecuniary jurisdiction of the NCDRC is for claims exceeding a certain amount, which is specified in the Consumer Protection Act.

Question 72: Which of the following statements is correct about the ‘District Consumer Disputes Redressal Commission’?

(A) District Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid does not exceed rupees fifty lakh.

(B) District Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid does not exceed rupees one crore.

(C) District Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid does not exceed rupees two crore.

(D) District Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid does not exceed rupees three crore.

Solution: (A) District Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid does not exceed rupees fifty lakh.

Explanation: The District Consumer Disputes Redressal Commission has jurisdiction over claims up to a specified amount.

Question 73: Which of the following statements is correct about the ‘State Consumer Disputes Redressal Commission’?

(A) State Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid exceeds rupees fifty lakh but does not exceed rupees one crore.

(B) State Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid exceeds rupees fifty lakh but does not exceed rupees two crore.

(C) State Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid exceeds rupees one crore but does not exceed rupees two crore.

(D) State Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid exceeds rupees one crore but does not exceed rupees ten crore.

Solution: (B) State Consumer Disputes Redressal Commission can entertain consumer disputes where the value of the goods or services paid exceeds rupees fifty lakh but does not exceed rupees two crore.

Explanation: The State Consumer Disputes Redressal Commission handles claims within a specific range, higher than the District Commission but lower than the National Commission.

Question 74: Which of the following is not a feature of a ‘Public Interest Litigation’?

(A) It is a strategic arm of the legal aid movement.

(B) It is a cooperative effort by the petitioner, the State or public authority and the Court.

(D) It is a remedy for enforcing fundamental duties.

Solution: (C) It is a remedy for enforcing private rights.

Explanation: Public Interest Litigation (PIL) is primarily aimed at enforcing public rights and interests, not private rights.

Question 75: Which of the following statements is correct about the ‘National Green Tribunal’?

(A) The National Green Tribunal has jurisdiction over all cases dealing with environmental laws.

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(B) The National Green Tribunal has jurisdiction over all cases dealing with any kind of pollution.

(C) The National Green Tribunal has jurisdiction over cases dealing with environmental laws specified in Schedule I of the National Green Tribunal Act, 2010.

(D) The National Green Tribunal has jurisdiction over cases dealing with all environmental laws framed by the State Legislatures.

Solution: (C) The National Green Tribunal has jurisdiction over cases dealing with environmental laws specified in Schedule I of the National Green Tribunal Act, 2010.

Explanation: The NGT’s jurisdiction is limited to the environmental laws listed in Schedule I of the NGT Act.

Question 76: Which of the following statements is correct about the ‘National Human Rights Commission’?

(A) The National Human Rights Commission is a constitutional body.

(B) The National Human Rights Commission is a statutory body.

(D) The National Human Rights Commission is a quasi-judicial body.

Solution: (B) The National Human Rights Commission is a statutory body.

Explanation: The National Human Rights Commission (NHRC) is a statutory body, established under the Protection of Human Rights Act, 1993.¹

Question 77: Which of the following is not a function of the ‘National Human Rights Commission’?

(A) To inquire into complaints of violation of human rights.

(B) To intervene in court proceedings relating to human rights.

(D) To try the accused in cases of human rights violations.

Solution: (D) To try the accused in cases of human rights violations.

Explanation: The NHRC investigates and recommends actions but does not have the power to try or punish the accused. That falls under the jurisdiction of the courts.

Question 78: Which of the following statements is correct about the ‘National Commission for Women’?

(A) The National Commission for Women is a constitutional body.

(B) The National Commission for Women is a statutory body.

(D) The National Commission for Women is a quasi-judicial body.

Solution: (B) The National Commission for Women is a statutory body.

Explanation: The National Commission for Women (NCW) is a statutory body, constituted under the National Commission for Women Act, 1990.

Question 79: Which of the following is not a function of the ‘National Commission for Women’?

(A) To investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws.²

(B) To make recommendations to the Government on the matters relating to women.

(D) To award compensation to the victims of crimes against women.

Solution: (D) To award compensation to the victims of crimes against women.

Explanation: The NCW primarily investigates, recommends, and advises. It does not have the power to award compensation; that is typically a judicial function.

Question 80: Which of the following statements is correct about the ‘Central Information Commission’?

(A) The Central Information Commission is a constitutional body.

(B) The Central Information Commission is a statutory body.

(D) The Central Information Commission is a quasi-judicial body.

Solution: (B) The Central Information Commission is a statutory body.

Explanation: The Central Information Commission (CIC) was constituted under the Right to Information Act, 2005, making it a statutory body.

Question 81: Which of the following sections of the Right to Information Act, 2005 deals with the ‘Constitution of the Central Information Commission’?

(A) Section 10

(B) Section 11

(D) Section 13

Solution: (C) Section 12

Explanation: Section 12 of the Right to Information Act, 2005, deals with the Constitution of the Central Information Commission.

Question 82: Which of the following statements is correct about the ‘National Commission for Scheduled Castes’?

(A) The National Commission for Scheduled Castes is a constitutional body.

(B) The National Commission for Scheduled Castes is a statutory body.

(D) The National Commission for Scheduled Castes is a quasi-judicial body.

Solution: (A) The National Commission for Scheduled Castes is a constitutional body.

Explanation: The National Commission for Scheduled Castes (NCSC) is a constitutional body, established under Article 338 of the Constitution.³

Question 83: Which of the following articles of the Constitution of India deals with the ‘National Commission for Scheduled Castes’?

(A) Article 336

(B) Article 337

(D) Article 338A

Solution: (C) Article 338

Explanation: Article 338 of the Constitution of India deals with the National Commission for Scheduled Castes.

Question 84: Which of the following statements is correct about the ‘National Commission for Scheduled Tribes’?

(A) The National Commission for Scheduled Tribes is a constitutional body.

(B) The National Commission for Scheduled Tribes is a statutory body.

(D) The National Commission for Scheduled Tribes is a quasi-judicial body.

Solution: (A) The National Commission for Scheduled Tribes is a constitutional body.

Explanation: The National Commission for Scheduled Tribes (NCST) is a constitutional body, established under Article 338A of the Constitution.⁴

Question 85: Which of the following articles of the Constitution of India deals with the ‘National Commission for Scheduled Tribes’?

(A) Article 338

(B) Article 338A

(D) Article 340

Solution: (B) Article 338A

Explanation: Article 338A of the Constitution of India deals with the National Commission for Scheduled Tribes.

Question 86: Which of the following statements is correct about the ‘National Commission for Backward Classes’?

(A) The National Commission for Backward Classes is a constitutional body.

(B) The National Commission for Backward Classes is a statutory body.

(D) The National Commission for Backward Classes is a quasi-judicial body.

Solution: (A) The National Commission for Backward Classes is a constitutional body.

Explanation: The National Commission for Backward Classes (NCBC) is a constitutional body.

Question 87: Which of the following articles of the Constitution of India deals with the ‘National Commission for Backward Classes’?

(A) Article 338B

(B) Article 339

(D) Article 341

Solution: (A) Article 338B

Explanation: Article 338B of the Constitution of India deals with the National Commission for Backward Classes.

Question 88: Which of the following statements is correct about the ‘National Legal Services Authority’?

(A) The National Legal Services Authority is a constitutional body.

(B) The National Legal Services Authority is a statutory body.

(D) The National Legal Services Authority is a quasi-judicial body.

Solution: (B) The National Legal Services Authority is a statutory body.

Explanation: The National Legal Services Authority (NALSA) is a statutory body constituted under the Legal Services Authorities Act, 1987.⁵

Question 89: Which of the following is not a function of the ‘National Legal Services Authority’?

(A) To provide free and competent legal services to eligible persons.

(B) To organize Lok Adalats for amicable settlement of disputes.

(D) To prosecute individuals accused of crimes.

Solution: (D) To prosecute individuals accused of crimes.

Explanation: NALSA focuses on providing legal aid, organizing Lok Adalats, and promoting legal awareness, not on prosecution. Prosecution is the role of the state’s legal machinery.

Question 90: Which of the following is not a characteristic of ‘Good Governance’?

(A) Participation

(B) Rule of Law

(D) Accountability

Solution: (C) Corruption

Explanation: Good governance is characterized by participation, rule of law, and accountability. Corruption is the antithesis of good governance.

Question 91: Which of the following is not a source of ‘International Law’?

(A) International Conventions

(B) International Customs

(D) Decisions of the Municipal Courts

Solution: (D) Decisions of the Municipal Courts

Explanation: While decisions of international courts are a source, decisions of municipal (domestic) courts are generally not considered a primary source of international law, though they can sometimes influence its development.

Question 92: Which of the following statements is correct about the ‘International Court of Justice’?

(A) The International Court of Justice is the principal judicial organ of the United Nations.⁷

(B) The International Court of Justice is located at The Hague, Netherlands.

(D) All of the above.

Solution: (D) All of the above.

Explanation: All the statements are correct about the International Court of Justice (ICJ).

Question 93: Which of the following statements is correct about the ‘United Nations’?

(A) The United Nations is an international organization of States.

(B) The United Nations was established in 1945.

(D) All of the above.

Solution: (D) All of the above.

Explanation: All the statements accurately describe the United Nations.

Question 94: Which of the following statements is correct about the ‘World Trade Organization’?

(A) The World Trade Organization is an international organization dealing with the rules of trade between nations.

(B) The World Trade Organization was established in 1995.

(D) All of the above.

Solution: (D) All of the above.

Explanation: All the statements are correct about the World Trade Organization (WTO).

Question 95: Which of the following statements is correct about the ‘International Criminal Court’?

(A) The International Criminal Court is an intergovernmental organization.

(B) The International Criminal Court was established in 2002.

(D) All of the above.

Solution: (D) All of the above.

Explanation: All the statements are correct about the International Criminal Court (ICC).

Question 96: Which of the following is not a principle of ‘Natural Justice’?

(A) Nemo judex in causa sua

(B) Audi alteram partem

(D) Rule of evidence

Solution: (D) Rule of evidence

Explanation: The principles of natural justice include “Nemo judex in causa sua” (no one should be a judge in their own cause), “Audi alteram partem” (hear the other side), and the requirement for a reasoned decision. While evidence is crucial in legal proceedings, specific rules of evidence are not considered a core principle of natural justice itself, which is more about procedural fairness.

Question 97: Which of the following statements is correct about the ‘Public Interest Litigation’?

(A) Public Interest Litigation is a strategic arm of the legal aid movement.

(B) Public Interest Litigation is a cooperative effort by the petitioner, the State or public authority and the Court.

(D) All of the above.

Solution: (D) All of the above.

Explanation: All the statements accurately describe the characteristics of Public Interest Litigation (PIL).

Question 98: Which of the following is not a characteristic of an ‘ideal legal services clinic’?

(A) Accessibility

(B) Confidentiality

(D) Profit-oriented

Solution: (D) Profit-oriented

Explanation: Legal services clinics, especially those providing aid, are typically non-profit. The other options are core characteristics.

Question 99: Which of the following is not an objective of ‘Alternative Dispute Resolution’?

(A) To provide speedy trial

(B) To reduce the burden on the courts

(D) To promote amicable settlement of disputes

Solution: (A) To provide speedy trial

Explanation: While ADR methods can be faster than traditional litigation, the primary objective is not to provide a “speedy trial” in the formal sense, but rather to offer alternative ways to resolve disputes efficiently.

Question 100: Which of the following is not a method of ‘Alternative Dispute Resolution’?

(A) Arbitration

(B) Conciliation

(D) Trial

Solution: (D) Trial

Explanation: Trial is the traditional court process, not an alternative dispute resolution method.

This completes the solution to the AIBE XVIII Set B English question paper. I hope this detailed breakdown is helpful for your studies!