AIBE VII (2015) - Solved Question Paper with Explanations

Q: Rashtriya Swasthya BimaYojna is mainly meant to serve the needs of

Correct option: C. RSBY is a government health insurance scheme targeted at Below Poverty Line (BPL) families in the unorganized sector, covering the worker and eligible family members.

Q: Equal pay for equal work for both men and women is proclaimed under of the Constitution of India.

Correct option: B. Article 39(d) (Directive Principles) directs the State to secure equal pay for equal work for both men and women.

Q: Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year

Correct option: B. Section 10-A (subsistence allowance) was inserted by the Industrial Employment (Standing Orders) Amendment Act, 1982.

Q: _____ 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

Correct option: A. In Bank of India v. T.S. Kelawala (1990), the Supreme Court upheld the employer’s right to deduct wages for periods of strike/go-slow without a domestic enquiry for that limited purpose.

Q: Under the Industrial Disputes Act, if the employer terminates the services of an individual workman, any dispute/difference arising out of such termination shall be deemed to be:

Correct option: A. Section 2A deems a dispute arising out of discharge, dismissal, retrenchment or termination of an individual workman to be an "industrial dispute" even without espousal by others.

Q: Gloucester Grammar School Case is a leading case to explain the

Correct option: C. The Gloucester Grammar School case illustrates *damnum sine injuria*—mere loss without a violation of a legal right (competition causing loss is not actionable).

Q: Right to freedom to acquire, hold and dispose-off property is abolished by

Correct option: A. The 44th Constitutional Amendment removed the fundamental right to property (then Art.19(1)(f) & Art.31), making it a constitutional/legal right (Art.300-A).

Q: Which one of the following is covered under the definition of State

Correct option: D. NCERT has been held to be ‘State’/‘authority’ under Article 12 given deep and pervasive governmental control and public functions.

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AIBE VII2015Solved + Explained

Showing 20 questions

Difficulty

Topic

Skill Tested

Questions: 20Topics: 8Skills: 5

Q1. Rashtriya Swasthya BimaYojna is mainly meant to serve the needs of

AOrganised workers

BUnorganised workers

CUnorganized sector workers belonging to BPL category and their family members

DOrganized sector workers belonging to BPL category and their family members

Difficulty: EasyTopic: Labour and Industrial LawSkill Tested: DefineType: Regulation

Q2. Equal pay for equal work for both men and women is proclaimed under of the Constitution of India.

AArt.39(a)

BArt.39(d)

CArt.39(b)

DArt.39(c)

Difficulty: EasyTopic: Constitutional LawSkill Tested: LocateType: Article

Q3. Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance. This provision was inserted in the Industrial Employment (Standing Orders) Act, 1946 in which year

A1992

B1982

C2009

D2010

Difficulty: EasyTopic: Labour and Industrial LawSkill Tested: NumbersType: Amendment

Q4. _____ 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

ABank of India v. T.S. Kelawala and others

BRandhir Singh v. Union of India

CKamani Metals and Alloys Ltd. v. Their Workmen

DWorkmen v. Reptakos Brett and Co. Ltd.

Difficulty: ModerateTopic: Labour and Industrial LawSkill Tested: LocateType: Case

Q5. Under the Industrial Disputes Act, if the employer terminates the services of an individual workman, any dispute/difference arising out of such termination shall be deemed to be:

Aindustrial dispute

Bindividual dispute

Cboth individual and industrial dispute

Dnone of these.

Difficulty: EasyTopic: Labour and Industrial LawSkill Tested: DefineType: Section

Q6. Gloucester Grammar School Case is a leading case to explain the

AVolenti non fit injuria

BInjuria non fit volenti

CDamnum sine injuria

DInjuria sine damnum

Difficulty: EasyTopic: Law of Torts (including Motor Vehicles Act & Consumer Protection Law)Skill Tested: DefineType: Case

Q7. Right to freedom to acquire, hold and dispose-off property is abolished by

A44th Amendment Act, 1978

B43rd Amendment Act, 1976

C50th Amendment Act, 1950

D1st Amendment Act, 1951

Difficulty: EasyTopic: Constitutional LawSkill Tested: NumbersType: Amendment

Q8. Which one of the following is covered under the definition of State

AThe Indian Statistical Institute

BIndian Council of Agricultural Research

CSainik School Society

DNCERT

Difficulty: ModerateTopic: Constitutional LawSkill Tested: ApplyType: Article

Q9. National Conservation Strategy and Policy Statement on Environment and Development is a major environmental policy in India and it was passed in the year

A1988

B1982

C1992

D1990

Difficulty: EasyTopic: Environmental LawSkill Tested: NumbersType: Regulation

Q10. --------- of the Environmental Protection Act, 1986, defines 'Environment'

ASection 2(a)

BSection 3(a)

CSection 1(a)

DSection 11(a)

Difficulty: EasyTopic: Environmental LawSkill Tested: LocateType: Section

Q11. Polluter Pays Principle means

Apolluter should bear the cost of pollution as the polluter is responsible for pollution

Bpolluter should not necessarily bear the cost of pollution as the polluter is may not be responsible for pollution

Cpolluter may bear the cost of pollution as the polluter may be responsible for pollution

Dnone of the above

Difficulty: EasyTopic: Environmental LawSkill Tested: DefineType: Doctrine/Principle

Q12. "Pollution is a civil wrong... 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

AM.C. Mehta v. Kamal Nath

BCalcutta Tanneries Case

CM.C. Mehta v. UOI

DA.P. Pollution Control Board v. M.V. Nayudu

Difficulty: ModerateTopic: Environmental LawSkill Tested: LocateType: Case

Q13. India became a party to the International Convention on Biological Diversity in

A1992

B1995

C1994

D2000

Difficulty: EasyTopic: Environmental LawSkill Tested: NumbersType: Doctrine/Principle

Q14. "A", a railway company is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by "B" and "C" adversely to each other "A" can institute

AAn application to decide the same

BAn interpleader suit

CFriendly suit

DNone of the above

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

Q15. As per the provisions of the Criminal Procedure Code, the word 'inspection' used in S.93(1)(c) refers to

AThings or documents

BDocuments only

CLocality and place

DNone of the above

Difficulty: HardTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: DefineType: Sub-section/Clause

Q16. Statement recorded during investigation under S.161 of Cr.P.C can be used during trial for

ACorroborating the witness

BContradicting the witness

CBoth A and B

DNeither A nor B

Difficulty: EasyTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: OutcomeType: Section

Q17. "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

ASangarabonia Sreenu v. State of Andhra Pradesh

BState of Himachal Pradesh v. Tara Dutta

CShamsher Singh v. State of Punjab

DNalini v. State of Tamil Nadu

Difficulty: ModerateTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: LocateType: Case

Q18. 'Ex dolo malo oritur actio' is

AAn action arose only when a right infringes

BAn action could not prevent a legal right

CNo action on an immoral act

DNone of the above

Difficulty: EasyTopic: Law of Contract, Specific Relief, Property Laws & Negotiable Instruments ActSkill Tested: DefineType: Doctrine/Principle

Q19. The Jural correlative of immunity is

APower

BDisability

CNo claim

DClaim

Difficulty: ModerateTopic: Administrative LawSkill Tested: DefineType: Doctrine/Principle

Q20. Who defines "eternal law as, the divine order or will of God which requires the preservation of natural order and forbids the breach of it."

AAmbrose

BAugustine

CGregory

DAll the above

Difficulty: ModerateTopic: Administrative LawSkill Tested: DefineType: Doctrine/Principle

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