AIBE V (2013) - Solved Question Paper with Explanations

Q: ---------is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests

Correct option: D. The description matches **negotiation**, which is a voluntary, party-driven process to reach mutually acceptable outcomes. Arbitration/conciliation/expert determination involve a neutral third party with adjudicatory or facilitative roles; negotiation does not.

Q: "The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally." Whose statement is this?

Correct option: A. This oft-quoted formulation on legal ethics is attributed in professional ethics materials to **Chief Justice Marshall**. The other options are not cited for this comprehensive articulation in standard Indian professional ethics texts.

Q: 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 withhold the returnable records relating 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

Correct option: A. In **R.D. Saxena v. Balram Prasad Sharma** (2000) 7 SCC 264, the Supreme Court held that advocates have no lien on litigation papers for unpaid fees and must return client records; fee disputes must be resolved by appropriate legal remedies.

Q: Duty of an advocate towards his client is detailed out in which rules of Bar Council of India

Correct option: B. BCI Rules (Part VI, Chapter II) list **Rules 1–10 (to Court)** and **Rules 11–33 (to Clients)**. Hence duties to clients are in **Rules 11 to 33**.

Q: Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?

Correct option: D. Section **24A** of the Advocates Act specifies disqualifications for enrollment (e.g., conviction involving moral turpitude within prescribed period).

Q: Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

Correct option: C. This is **res sub judice** under **Section 10 CPC**, which mandates stay of the trial of the subsequently instituted suit when the matter directly and substantially in issue is pending in a previously instituted suit between the same parties litigating under the same title. Section 9 is jurisdiction of civil courts; Section 11 is res judicata (bar after adjudication).

Q: Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff's action and it is called as

Correct option: B. A **set-off** (Order VIII Rule 6 CPC) allows a defendant to balance mutual, ascertained sums due, operating as a statutory defence. Cross-claims/cross-demands are broader and not the CPC term here; cross-decrees relate to execution.

Q: An attachment before judgment order takes away

Correct option: C. Order 38 Rule 5 CPC permits **attachment before judgment** to prevent **alienation** of property to defeat execution; it restrains transfer but does not affect ownership.

Fully-solved AIBE V paper with bilingual-ready explanations, subject tags, and difficulty ratings. Mobile-first, dark-mode ready.

AIBE V2013Solved + Explained

Showing 20 questions

Difficulty

Topic

Skill Tested

Questions: 20Topics: 5Skills: 6

Q1. ---------is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests

AExpert determination

BArbitration

CConciliation

DNegotiation

Difficulty: EasyTopic: Alternative Dispute Resolution (ADR) & Arbitration ActSkill Tested: DefineType: Doctrine/Principle

Q2. "The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly cooperation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally." Whose statement is this?

AChief Justice Marshall

BChief Justice Coke

CChief Justice Halsbury

DChief Justice Bacon

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Doctrine/Principle

Q3. 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 withhold the returnable records relating 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

AR.D. Saxena Vs. Balram Prasad Sharma

BV.C. Rangadurai Vs. D. Gopalan

CEmperor Vs. Dadu Ram

DG. Naranswamy Vs. Challapalli

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Case

Q4. Duty of an advocate towards his client is detailed out in which rules of Bar Council of India

A33 to 38

B11 to 33

C23 to 27

D33 to 36

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Order/Rule

Q5. Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?

AS .25 A

BS .26 A

CS .27 A

DS .24 A

Difficulty: EasyTopic: Professional Ethics & Professional Misconduct (Bar Council Rules)Skill Tested: LocateType: Section

Q6. Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

AS .11

BS .9

CS .10

DS .12

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: LocateType: Section

Q7. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff's action and it is called as

Across-claim

Bset-off

Ccross-demands

Dcross- decrees

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Order/Rule

Q8. An attachment before judgment order takes away

Aright to ownership

Bright to file suit

Cpower to alienate the property

Dcapacity of execution of a decree

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: OutcomeType: Order/Rule

Q9. The three pillars on which foundation of every order of injunction rests

Aprima facie case, injury with damage and balance of inconvenience

Bprima facie case, reparable injury and balance of convenience

Cprima facie case, irreparable injury and balance of convenience

Dprima facie case, damage without injury and balance of convenience

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: IngredientsType: Doctrine/Principle

Q10. -----------------------s to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

AReview

BReference

CAppeal

DRevision

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Order/Rule

Q11. Who decides as to which of the several modes he/she will execute the decree

APlaintiff

BCourt

CJudgment debtor

DDeçree holder

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: AuthorityType: Section

Q12. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as

AQuestion petition

BQuestion pamphlet

CInterrogatories

DDiscovery

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Order/Rule

Q13. _____ is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

AJoint suit

BRepresentative suit

CCollusive suit

DCollective suit.

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Order/Rule

Q14. A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation

AAmicus curiae

BPreserver

CProtector

DReceiver

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Order/Rule

Q15. The provision under CPC that relates to suit by indigent persons

A0.32

B0.34

C0.35

D0.33

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: LocateType: Order/Rule

Q16. S. 5 of the Limitation Act, 1963 enables the court to condone delay in filing on sufficient satisfaction of sufficient cause.

Aappeal or application

Bappeal, suit and application

Cappeal, petition and counter petition

Dappeal, petition, suit, and counter petition

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Section

Q17. Limitation period prescribed in filing a suit by a mortgagor to recover possession of immoveable property mortgaged

A20 years

B12 years

C10 years

D30 years

Difficulty: EasyTopic: Law of Contract, Specific Relief, Property Laws & Negotiable Instruments ActSkill Tested: NumbersType: Article

Q18. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts

ASs .49 & 50

BSs .23 & 24

CSs. 45 & 46

DSs .81 & 82

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: LocateType: Section

Q19. The contents of documents may be proved either by

APrimary evidence or by secondary evidence

BDirect evidence or circumstantial evidence

CPrimary evidence or documentary evidence

DPrimary evidence or direct evidence

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: DefineType: Section

Q20. Oral accounts of the contents of a document given by some person who has himself seen it is

ADirect evidence

BCircumstantial evidence

CBest evidence

DSecondary evidence

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: DefineType: Section

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