ALL INDIA BAR EXAMINATION – XVII (2023)
Held on 5th February 2023 Questions, Answers & Explanations
1. The title of the Constitution of India is laid down in
(A) Article 1
(B) Article 5
(C) Article 390
(D) Article 393
Answer: (*) This Question is deleted by the authority.
Explanation: The short title of the Constitution of India is laid down in Article 393.
2. Constitutional provisions of Fundamental Rights (FRs) are given under which Part?
(A) Part I
(B) Part II
(C) Part III
(D) Part IV
Answer: (C)
Explanation: Articles 12 to 35 in Part III deal with Fundamental Rights.
3. By which Amendment Act, 1985 was the Anti-Defection Law added?
(A) 51st Amendment
(B) 52nd Amendment
(C) 53rd Amendment
(D) 54th Amendment
Answer: (B)
Explanation: The Tenth Schedule (Anti-Defection Law) was inserted by the 52nd Amendment Act, 1985.
4. Which case held that a constitutional amendment is ‘law’ under Article 13(2)?
(A) Sajjan Singh v. State of Rajasthan
(B) Kesavananda Bharati v. State of Kerala
(C) Indra Sawhney v. Union of India
(D) Golak Nath v. State of Punjab
Answer: (D)
Explanation: The Supreme Court in Golak Nath (1967) held that constitutional amendments fall within Article 13(2).
5. Uniform Civil Code in India is:
(A) Fundamental Right
(B) Directive Principles of State Policy
(C) Government Policy
(D) Constitutional Right
Answer: (B)
Explanation: Article 44 of the DPSPs directs the State to secure a Uniform Civil Code.
6. Article 16 prohibits discrimination on grounds of:
(A) religion, race, caste, sex, descent, place of birth, residence
(B) religion, age, caste, sex, descent, place of birth, residence
(C) religion, race, age, sex, descent, place of birth, residence
(D) religion, race, caste, sex, descent, place of birth, age
Answer: (A)
7. Minimum number of Judges required for constitutional interpretation:
(A) 2
(B) 3
(C) 4
(D) 5
Answer: (D)
8. Article 300A: No _____ shall be deprived of property except by law.
(A) person
(B) citizen
(C) foreigner
(D) Indian
Answer: (A)
9. Which is not ‘law’ under Article 13?
(A) Rule
(B) By-laws
(C) Custom or usage
(D) None of these
Answer: (**) Deleted by the authority.
Explanation: Article 13 includes ordinances, orders, bye-laws, regulations, notifications, customs, and usages.
10. Schedule containing Union, State, and Concurrent Lists:
(A) 7th Schedule
(B) 10th Schedule
(C) 1st Schedule
(D) 12th Schedule
Answer: (A)
11. Under Sections 82 and 83 IPC, an offence is punishable if it is done by a child who is:
(A) Below seven years of age
(B) Above seven but below twelve years, having attained sufficient maturity and understanding
(C) Above seven but below ten years, having attained sufficient maturity and understanding
(D) Above seven but below twelve years, not having attained sufficient maturity and understanding
Answer: (B)
Explanation:
- Section 82 IPC: A child below 7 years is doli incapax—incapable of committing an offence.
- Section 83 IPC: A child above 7 and below 12 may be liable only if he has attained sufficient maturity to understand the nature and consequences of his conduct.
Thus, liability arises only in the situation described in Option (B).
12. Name two essential conditions of Penal Liability.
(A) Guilty Body & Rightful Act
(B) Guilty Intent & Wrong Motive
(C) Guilty Mind & Wrongful Act
(D) Guilty Motive & Wrongful Act
Answer: (C)
Explanation:
The two essential components of penal liability are:
- Actus Reus – the guilty act or wrongful act
- Mens Rea – the guilty mind, intention, or knowledge
Both must coexist for criminal liability, except in strict liability offences.
13. Provisions for Right of Private Defence are given under which Sections of IPC?
(A) Sections 74–84
(B) Sections 96–106
(C) Sections 107–120
(D) Sections 141–160
Answer: (B)
Explanation:
Sections 96 to 106 IPC deal with:
- Right of private defence of person
- Right of private defence of property
- Extent and limitations
- Causing death in exercise of this right (Sec. 100)
14. Consent is not valid under Section 90 IPC when:
(A) Given under fear of injury or misconception of fact
(B) Given by a person of unsound mind
(C) Given by a child below 12 years
(D) All of these
Answer: (D)
Explanation: Section 90 IPC invalidates consent when:
- It is given under fear of injury or misconception, and the person obtaining consent knows of it
- It is given by a person of unsound mind or intoxicated
- It is given by a child below 12 years
15. Causing death of a child in the mother’s womb is not homicide as provided under:
(A) Explanation III to Section 300
(B) Explanation III to Section 299
(C) Explanation III to Section 301
(D) Explanation III to Section 302
Answer: (B)
Explanation:
Explanation 3 to Section 299 IPC states that causing death of an unborn child is not homicide.
However, if any part of the child has been brought forth, even if not fully born, causing death may be culpable homicide.
16. Punishment for Defamation under IPC may extend to:
(A) 2 years
(B) 3 years
(C) 4 years
(D) 5 years
Answer: (A)
Explanation:
Section 500 IPC: punishment → Simple imprisonment up to 2 years, or fine, or both.
17. Assault or criminal force to woman with intent to outrage modesty (Sec. 354 IPC) is:
(A) Non-cognizable and bailable
(B) Cognizable and bailable
(C) Cognizable and non-bailable
(D) Non-cognizable and non-bailable
Answer: (C)
Explanation:
- Section 354 IPC → imprisonment 1–5 years + fine
- Under CrPC classification → Cognizable, Non-bailable, triable by Any Magistrate
18. A places armed men outside a building and prevents Z from leaving. A is guilty of:
(A) Wrongful confinement
(B) Wrongful restraint
(C) Both
(D) None
Answer: (A)
Explanation:
- Wrongful restraint (Sec. 339): obstructing movement in a particular direction
- Wrongful confinement (Sec. 340): preventing a person from moving beyond certain limits
Here, Z is trapped within a boundary → Wrongful confinement.
19. Plea bargaining under CrPC (Chapter XXIA) does not apply when the offence is committed against a child below:
(A) 12 years
(B) 14 years
(C) 16 years
(D) 18 years
Answer: (B)
Explanation:
Plea bargaining does not apply when:
- Offence punishable with >7 years
- Offence committed against a woman or child below 14 years
- Accused is a repeat offender
- Offence affects socio-economic condition of the country
20. Section 125 CrPC is “secular” in character. This was held in:
(A) Lalita Kumari v. State of U.P.
(B) Arnesh Kumar v. State of Bihar
(C) Mohd. Ahmed Khan v. Shah Bano Begum
(D) Selvy v. State of Karnataka
Answer: (C)
Explanation:
In the landmark Shah Bano case, the Supreme Court held that:
- Section 125 CrPC applies irrespective of religion
- It overrides personal laws where inconsistent
- It protects wives, children, and parents from destitution
21. Important duty of the court is to find, extract and declare the law in what manner?
(A) By interpretation
(B) Judicial legislation
(C) Both
(D) None
Answer: (A) Interpretation
Explanation:
Courts do not generally make law; they interpret existing law.
Judicial interpretation clarifies:
- Legislative intent
- Ambiguities
- Application to new situations
This ensures consistent application of statutes and constitutional provisions.
22. Law Commission of India is established by:
(A) President
(B) Parliament
(C) Supreme Court
(D) Central Government
Answer: (D)
Explanation:
The Law Commission is an executive body constituted by the Government of India.
It is not a constitutional or statutory body.
It primarily recommends legal reforms and removal of obsolete laws.
23. General principles relating to construction of statutory provisions are called:
(A) Aids of interpretation
(B) Bearings of interpretation
(C) Instruments of definition
(D) Legal determining factors
Answer: (A)
Explanation:
Aids of interpretation include:
- Internal aids: Preamble, headings, provisos, explanations
- External aids: Dictionaries, reports, legislative history, international conventions
These help the court understand the intended meaning of statutes.
24. Which maxim means: A thing may be within the letter of the law but not within its spirit?
(A) Ex visceribus actus
(B) A verbis legis non est recedendum
(C) Noscitur a sociis
(D) Ejusdem generis
Answer: (B)
Explanation:
This maxim means: One must not deviate from the words of the law.
It stresses that the literal text is controlling even if its result may seem inconsistent with legislative spirit.
25. Ejusdem generis means:
(A) The meaning of a word is known by its associates
(B) No word should be redundant
(C) Beneficial interpretation
(D) Of the same kind or nature
Answer: (D)
Explanation:
Under the ejusdem generis rule, when general words follow specific words, the general words take meaning from the specific category.
Example: “cars, trucks, buses and other vehicles” → “other vehicles” means similar road vehicles.
26. Literal rule of interpretation is also known as:
(A) Golden rule
(B) Mischief rule
(C) Plain meaning rule
(D) Harmonious construction
Answer: (C)
Explanation:
Literal rule: words must be given their ordinary, natural meaning, unless it leads to absurdity.
27. Mischief Rule originated from:
(A) Indian courts
(B) Supreme Court
(C) U.S. courts
(D) Heydon’s Case
Answer: (D)
Explanation:
Heydon’s Case (1584) laid down the mischief rule which directs courts to look at:
- The law before the Act
- The defect or mischief
- The remedy provided
- The true reason for the remedy
28. When two provisions conflict, the court applies:
(A) Literal rule
(B) Mischief rule
(C) Harmonious construction
(D) Strict construction
Answer: (C)
Explanation:
Harmonious construction resolves conflict so that:
- Both provisions operate
- One does not nullify the other
It maintains legislative coherence.
29. External aids to interpretation include:
(A) Preamble
(B) Explanation
(C) Definitions within statute
(D) Law Commission Reports
Answer: (D)
Explanation:
External aids include:
- Reports of Law Commission
- Parliamentary debates
- Historical background
- Dictionaries
- International conventions
These help discover legislative intent.
30. Expressio unius est exclusio alterius means:
(A) One must not deviate from the words of law
(B) Of the same kind
(C) Express mention of one thing excludes others
(D) Interpretation from the “inside of the Act”
Answer: (C)
Explanation:
When law expressly mentions one thing, it implies that what is not mentioned is excluded.
31. The word may in a statute is generally:
(A) Mandatory
(B) Directory
(C) Penal
(D) Negative
Answer: (B)
Explanation:
“May” usually confers discretion.
However, context can convert “may” into “shall” if required for justice.
32. The word shall in a statute is normally:
(A) Directory
(B) Discretionary
(C) Mandatory
(D) Optional
Answer: (C)
Explanation:
“Shall” usually imposes an obligation.
Courts treat it as mandatory unless context indicates otherwise.
33. Proviso in a statute is meant to:
(A) Expand the main provision
(B) Repeal the section
(C) Qualify or restrict the main provision
(D) Create separate rights
Answer: (C)
Explanation:
A proviso carves out exceptions or clarifies limitations within a main statutory provision.
34. Interpretation must give effect to:
(A) Only literal meaning
(B) Only beneficial meaning
(C) Only restrictive meaning
(D) True intention of the legislature
Answer: (D)
Explanation:
The ultimate goal of interpretation is to ascertain legislative intent, using all interpretative tools.
35. Internal aids of interpretation include:
(A) Title, Preamble, Headings, Provisos
(B) Parliamentary debate
(C) Law Commission Report
(D) Historical background
Answer: (A)
Explanation:
Internal aids are found within the statute itself.
They guide the meaning of its provisions.
36. Beneficial construction is applied to:
(A) Criminal statutes
(B) Tax laws
(C) Welfare and remedial legislation
(D) Penal statutes
Answer: (C)
Explanation:
Beneficial interpretation favors:
- Workers
- Consumers
- Social welfare
- Women & children
It ensures the object of welfare legislation is fulfilled.
37. Penal statutes should be interpreted:
(A) Beneficially
(B) Broadly
(C) Strictly
(D) Harmoniously
Answer: (C)
Explanation:
In criminal law, ambiguity is resolved in favor of the accused (“rule of lenity”).
Courts cannot expand penal provisions beyond their clear text.
38. The rule that meaning of words is understood by surrounding words is:
(A) Ejusdem generis
(B) Noscitur a sociis
(C) Expressio unius est exclusio alterius
(D) Casus omissus
Answer: (B)
Explanation:
“Noscitur a sociis”: a word derives meaning from the company it keeps.
39. Casus omissus means:
(A) Exclusion of one excludes others
(B) Of the same kind
(C) A case omitted / not provided for in the statute
(D) Meaning known by association
Answer: (C)
Explanation:
Courts cannot supply omissions in the statute unless absolutely necessary for justice.
40. If the language of a statute is clear and unambiguous, courts must apply:
(A) Mischief rule
(B) Golden rule
(C) Literal rule
(D) Harmonious construction
Answer: (C)
Explanation:
When words are clear Courts must apply the plain meaning without adding or subtracting anything.
41. What is the objective of the Indian Partnership Act, 1932?
(A) To consolidate the law regarding companies
(B) To consolidate the law relating to service laws
(C) To consolidate the law relating to partnership
(D) None of these
Answer: (C)
Explanation:
The Indian Partnership Act, 1932 provides a complete code relating to partnership—its formation, rights, duties, liabilities, dissolution, and registration procedures.
42. Partnership arises from:
(A) Status
(B) Marriage
(C) Contract
(D) Custom
Answer: (C)
Explanation:
Section 4 of the Act states that partnership is founded on an agreement, not on status.
Example: Members of a Hindu joint family are not partners unless they enter into a contract.
43. Every partner is an agent of:
(A) Outsiders
(B) Only himself
(C) Only designated partners
(D) The firm and other partners
Answer: (D)
Explanation:
- Partners act as agents for the firm and one another (Section 18 & 19).
- They can bind the firm through acts done in the course of business.
44. Maximum number of partners in a partnership firm (as per Companies Act, 2013) is:
(A) 10
(B) 50
(C) 20
(D) Unlimited
Answer: (B)
Explanation:
The old limit of 20 was removed.
Companies Act, 2013 (Rule 10 of Companies (Incorporation) Rules) specifies the maximum as 50 partners.
45. Registration of a partnership firm under the Partnership Act is:
(A) Compulsory
(B) Optional / Not mandatory
(C) Illegal
(D) Mandatory in all states
Answer: (B)
Explanation:
Registration is optional, BUT:
Unregistered firms suffer major disabilities such as:
- Cannot sue third parties
- Cannot claim set-off
- Partners cannot sue each other
Hence, practically most firms get registered.
46. Minor can be admitted to the benefits of partnership under:
(A) Section 8
(B) Section 30
(C) Section 40
(D) Section 50
Answer: (B)
Explanation:
A minor cannot be a full partner but can be:
- Admitted to benefits
- Entitled to a share of profits
- Not personally liable for losses
Upon attaining majority, he must decide whether to become a partner.
47. Which of the following does NOT dissolve a partnership firm?
(A) Mutual agreement
(B) Expiry of term
(C) Completion of venture
(D) Admitting a minor to benefits
Answer: (D)
Explanation:
Admitting a minor does not dissolve the firm; it continues as usual.
The other situations fall under Section 42 (Dissolution by conduct of partners).
48. Dissolution of the partnership between partners without dissolving the firm is called:
(A) Dissolution of firm
(B) Dissolution of partnership
(C) Dissolution by notice
(D) Reconstitution
Answer: (B)
Explanation:
- Dissolution of partnership → change in partners (retirement, admission, death); firm continues
- Dissolution of firm → firm comes to an end completely
49. A partner retiring from a firm is liable for acts of the firm until:
(A) The date of retirement
(B) Public notice is given
(C) Partners approve
(D) Six months after retirement
Answer: (B)
Explanation:
Under Section 72: Retirement is effective only when public notice is issued.
Otherwise, he remains liable to outsiders for acts of continuing partners.
50. A minor admitted to benefits of partnership becomes liable as a partner after attaining majority if:
(A) He resigns
(B) He signs the partnership deed
(C) He fails to give public notice within 6 months
(D) Other partners accept him
Answer: (C)
Explanation:
A minor must decide within 6 months of attaining majority:
- Whether to stay as partner or
- Leave the firm
If he does not issue public notice treated as full partner by default.
51. ‘Goodwill’ of a firm must be included while:
(A) Admitting a minor
(B) Transferring assets
(C) Dissolving the firm
(D) None
Answer: (C)
Explanation:
Upon dissolution, all assets (movable, immovable, tangible, intangible) including goodwill must be sold and distributed among partners (Section 55).
52. Under Section 69, an unregistered firm cannot:
(A) Buy property
(B) Hire employees
(C) Sue a third party or claim set-off
(D) Borrow money
Answer: (C)
Explanation:
The biggest disability of an unregistered firm:
- Cannot file a suit to enforce a contractual right
- Cannot claim set-off in a suit
Partners also cannot sue each other.
53. LLP is governed by:
(A) Partnership Act, 1932
(B) Companies Act, 2013
(C) LLP Act, 2008
(D) Societies Act
Answer: (C)
Explanation:
A Limited Liability Partnership (LLP) is a separate legal entity governed by the LLP Act, 2008.
54. In a partnership, liability of partners is:
(A) Limited
(B) Partially limited
(C) Unlimited & joint
(D) Separate and limited
Answer: (C)
Explanation:
Partners have:
- Unlimited personal liability
- Joint and several liability for debts of the firm
This is a key difference from LLP.
55. A partner who lends money to the firm at interest is called:
(A) Sleeping partner
(B) Working partner
(C) Partner by estoppel
(D) Partner by holding out (depending on question style)
Answer: The correct standard answer: (C) Partner by estoppel OR (D) Partner by holding out
Explanation:
A partner by estoppel/holding out is someone who:
- Does not actually enter partnership
- But represents himself as partner
- Or allows others to believe he is a partner
Even lending money and allowing the firm to use his name can lead to holding out liability.
56. On dissolution of a firm, the priority of payment is:
(A) Partners first, creditors later
(B) Assets to partners first
(C) Debts to third-party creditors first
(D) Partners get profit share first
Answer: (C)
Explanation:
Section 48: Order of settlement
- Outside creditors
- Partners’ loans
- Partners’ capital
- Surplus distributed as profit
57. Partnership for a single venture is known as:
(A) General partnership
(B) Particular partnership
(C) Joint venture partnership
(D) Temporary partnership
Answer: (B)
Explanation:
A “particular partnership” exists for a specific project or adventure—e.g., constructing a building.
58. The property of a firm includes:
(A) Personal assets of partners
(B) All assets, rights, goodwill and property brought or acquired for the business
(C) Private accounts of partners
(D) Property inherited by partner
Answer: (B)
Explanation:
Section 14: Firm’s property includes:
- All movable & immovable property of the firm
- Goodwill
- Rights and interests used for business operations
59. Every partner has the right to:
(A) Receive salary
(B) Be the managing partner
(C) Participate in business and inspect books
(D) Reject audit
Answer: (C)
Explanation:
Partners have statutory rights to:
- Take part in management
- Access and inspect books
- Share profits equally unless agreed otherwise
60. A partnership is created by:
(A) Statute
(B) Will
(C) Status
(D) Contract
Answer: (D)
Explanation:
Partnership arises only from contractual agreement (Section 4).
Marriage, inheritance, or status cannot create a partnership.
61. Which of the following is not a real purpose of Public Interest Litigation (PIL)?
(A) Vindication of the rule of law
(B) Facilitate effective access to justice
(C) Meaningful realization of Fundamental Rights
(D) Getting famous and making wealth
Answer: (D)
Explanation:
Public Interest Litigation aims to:
- Vindicate the rule of law,
- Ensure access to justice for the disadvantaged,
- Facilitate actual enforcement of fundamental rights.
PIL is not meant for personal gain, publicity, or enrichment.
62. In Hussainara Khatoon v. State of Bihar, which right emerged as a basic fundamental right?
(A) Right to Speedy Justice
(B) Right to Clean Environment
(C) Right to Free Legal Aid
(D) None of these
Answer: (A) & (C)
Explanation:
The Supreme Court in Hussainara Khatoon held that:
- Speedy trial is part of Article 21 and a basic fundamental right.
- Free legal aid is part of Article 39A and essential for meaningful enjoyment of Article 21.
The judgment expanded the meaning of “procedure established by law” and emphasized justice for undertrials.
63. Which writ can be issued against the usurpation of a public office?
(A) Mandamus
(B) Certiorari
(C) Quo Warranto
(D) Prohibition
Answer: (C)
Explanation:
Quo Warranto means “by what authority”.
It is issued to prevent a person from unlawfully occupying a public office and to inquire into the legality of his claim.
64. Ridge v. Baldwin deals with:
(A) Corporation
(B) Natural Justice
(C) State Liability
(D) Delegated Legislation
Answer: (B)
Explanation:
This case revitalized the doctrine of natural justice, especially the right to a fair hearing, and held that administrative decisions affecting rights must follow natural justice.
65. Meaning of “Audi alteram partem”:
(A) A person cannot be condemned without being heard
(B) An adjudicating authority must give a speaking order
(C) No man can be a judge in his own case
(D) No one should fear the courts
Answer: (A)
Explanation:
This maxim means “hear the other side.”
It mandates:
- Notice
- Opportunity to represent
- Fair hearing
Failure to comply renders the order void.
66. Rules made by the Bar Council of India are framed under:
(A) Advocates Act, 1951
(B) Advocates Act, 1954
(C) Advocates Act, 1961
(D) Advocates Act, 1964
Answer: (C)
Explanation:
Section 15 of the Advocates Act, 1961 empowers the Bar Council of India to make rules related to professional conduct, discipline, and legal education.
67. An advocate may take up teaching of law for not more than ___ hours a day.
(A) 5
(B) 3
(C) 2
(D) 4
Answer: (B)
Explanation:
Rule 3(1), Advocates (Right to Take up Law Teaching) Rules, 1979:
A practising advocate may teach law in a recognized institution for up to 3 hours per day.
68. In which landmark case was the advocate held guilty of professional misconduct for forging a court order?
(A) Pratap Narain v. Y.P. Raheja
(B) Vikramaditya v. Smt. Jamila Khatoon
(C) Babulal Jain v. Subhash Jain
(D) Smt. P. Pankajam v. B.H. Chandrashekhar
Answer: (A)
Explanation:
The advocate was found guilty of forging a stay order.
The Disciplinary Committee ordered removal of his name from the Bar Council’s roll due to the seriousness of the misconduct.
69. Appeal to the Bar Council of India against order of State Bar Council (Section 35) must be filed within:
(A) 30 days
(B) 45 days
(C) 60 days
(D) 90 days
Answer: (C)
Explanation:
Section 37(1), Advocates Act, 1961:
An appeal must be filed within 60 days from the communication of the order.
70. A private company converting into a public company must pass a:
(A) Ordinary Resolution
(B) Special Resolution
(C) Board Resolution
(D) None of these
Answer: (B)
Explanation:
Section 14, Companies Act, 2013:
A special resolution is required to alter Articles of Association for conversion of a private company into a public company.
71. The “doctrine of lifting/piercing the corporate veil” is associated with:
(A) Labour Law
(B) Company Law
(C) Banking Law
(D) Service Law
Answer: (B)
Explanation:
The doctrine allows courts to look beyond the corporate personality to identify persons controlling the company, especially in cases of fraud or misconduct.
72. Appeal to the National Green Tribunal (NGT) under the Environment (Protection) Act, 1986 is provided under:
(A) Section 4A
(B) Section 5A
(C) Section 6A
(D) Section 7A
Answer: (B)
Explanation:
Section 5A permits appeals to the NGT against directions issued under Section 5.
73. Which Fundamental Duty relates to environmental protection?
(A) Article 51A(b)
(B) Article 51A(g)
(C) Article 51A(j)
(D) Article 51A(k)
Answer: (B)
Explanation:
Article 51A(g) obligates citizens to protect and improve the natural environment and to show compassion for living creatures.
74. Appeal against an order of the Cyber Appellate Tribunal lies to:
(A) District Court
(B) Higher Tribunal
(C) High Court
(D) Supreme Court
Answer: (C)
Explanation:
Section 62, IT Act, 2000:
Appeal against the Cyber Appellate Tribunal’s decision lies to the High Court, within 60 days.
75. Under the IT Act, a person intended by the originator to receive an electronic record is called:
(A) Intermediary
(B) Originator’s agent
(C) Addressee
(D) Key holder
Answer: (C)
Explanation:
Section 2(1)(b):
“Addressee” means the intended recipient of the electronic record.
76. Minimum number of members required to register a trade union:
(A) 2
(B) 3
(C) 5
(D) 7
Answer: (D)
Explanation:
Section 4, Trade Union Act, 1926:
At least seven members are required for registration.
77. Certified Standing Orders must be posted in:
(A) Hindi
(B) English and in the language understood by the majority of workmen
(C) Devnagari script
(D) Any 8th Schedule language
Answer: (B)
Explanation:
Section 9, Industrial Employment (Standing Orders) Act, 1946:
Standing orders must be displayed in English and a language understood by the majority of workers.
78. A person who has ultimate control over the affairs of a factory is called:
(A) Occupier
(B) Managing Director
(C) Chairman
(D) Manager
Answer: (A)
Explanation:
Section 2(n), Factories Act, 1948 defines “occupier” as the person with ultimate control over factory operations.
79. Factories employing more than 1000 workers must appoint a:
(A) Safety Officer
(B) Welfare Officer
(C) Development Officer
(D) None of these
Answer: (A)
Explanation:
Section 40B mandates appointment of Safety Officers when a factory employs 1000 or more workers.
80. Correct legal approach in a road accident case:
(A) FIR → Petition → Summon to Insurance Company
(B) Petition → FIR → Summon
(C) Summon → Petition → FIR
(D) FIR → Summon → Petition
Answer: (A)
Explanation:
Procedure for a claimant:
- File FIR at the concerned police station.
- File MACT claim petition (Section 166, MV Act).
- Tribunal issues summons to insurance company.
81. The principle “Ubi jus ibi remedium” was recognized in:
(A) Winterbottom v. Wright
(B) Chapman v. Pickersgill
(C) Ashby v. White
(D) Rylands v. Fletcher
Answer: (C)
Explanation:
Ashby v. White established the maxim “where there is a right, there is a remedy,” emphasizing enforceability of legal rights.
82. Gloucester Grammar School Case is based on which maxim?
(A) Damnum sine injuria
(B) Injuria sine damnum
(C) Volenti non fit injuria
(D) Audi alteram partem
Answer: (A)
Explanation:
The case illustrates damage without legal injury.
Competition causing loss is not actionable unless a legal right is violated.
83. The National Consumer Disputes Redressal Commission has jurisdiction where consideration exceeds:
(A) ₹1 crore
(B) ₹10 crores
(C) ₹50 crores
(D) ₹100 crores
Answer: (B)
Explanation:
Section 58, Consumer Protection Act, 2019:
NCDRC hears complaints involving consideration exceeding ₹10 crore.