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PART I
Subject 1: Alternative Dispute Resolution
Category A
Question 1: Which provision of the Code of Civil Procedure, 1980 (“the CPC”)
specifically provides for the settlement of disputes through alternative dispute
resolution?
Options:
(a) There is no specific provision of the CPC providing for alternative dispute
resolution.
(b) The CPC as a whole provides for alternative dispute resolution.
(c) Section 89 of the CPC expressly provides for settlement of disputes through
alternative dispute resolution.
(d) It is not the CPC, but rather, the Arbitration Act of 1987 which is the
governing law on alternative dispute resolution in the country today.
(e) Section 5 of the CPC expressly provides for alternative dispute resolution.

Question 2: Which of the following most accurately describes the requirements of a
valid arbitration agreement under the Arbitration and Conciliation Act, 1996 (“the
Arbitration Act, 1996”)?
Options:
(a) There is no need for parties to a dispute to frame an arbitration agreement
under the Arbitration Act, 1996 (“the Arbitration Act”).
(b) The parties need not concern themselves with the validity of the arbitration
agreement.
(c) The provisions of the Indian Contract Act, 1872 (“the Contract Act”), do not
apply to such agreements.
(d) The arbitration agreement must be valid as per the Contract Act, and the
parties must be competent to contract.
(e) The only requirement is that the parties must be competent to contract; all
other requirements of validity under the Contract Act are unnecessary.

Question 3: Which of the following most accurately describes the enforceability of an
arbitral award?
Options:
(a) An arbitral award is not binding on the parties; they may choose to follow it
if they so wish.
(b) An arbitral award, unless set aside by a court of competent jurisdiction, is
enforceable in the same manner as a decree of a civil court.
(c) An arbitral award can only be enforced if there is a specific direction from a
court that it should be so enforced.
(d) An arbitral award can be enforced, but only upon an application by the
arbitrator to a court to do so.
(e) An arbitral award cannot be enforced in the case of commercial disputes.

Question 4: Under the Arbitration Act, does the arbitrator have to provide reasons
for the award?
Options:
(a) An arbitrator must always provide reasons for the award.
(b) An arbitrator need never provide reasons for the award.
(c) An arbitrator need only provide reasons for the award when specifically
requested by the parties to do so.
(d) An arbitrator must always provide reasons for the award, unless the parties
have agreed that no reasons are to be given, or the award is an arbitral award
on agreed terms.
(e) An arbitrator must always provide reasons for the award, and the only
exception to this rule is in the case of an arbitral award on agreed terms.

Category B
Question 5: A, a party to a dispute, consented to arbitration by an arbitral tribunal in
accordance with the terms of the arbitration agreement. A participated in the
arbitration proceedings, but later wishes to take the plea that there was no arbitration
clause in her agreement with the other party to the dispute, B. Can A take such a
plea?
Principle: In view of the principles of acquiescence and estoppel, it is not permissible
for a party to challenge an arbitration clause after proceeding in an arbitration
proceeding.
Options:
(a) A can take the plea that there was no arbitration clause at any time after the
award of the tribunal.
(b) A has acquiesced to the arbitration by participating in the arbitration
proceedings, and cannot now take the plea that there was not arbitration
clause.
(c) A cannot take the plea that there was no arbitration clause, but can choose
whether or not to follow the arbitral award.
(d) A can take the plea that the arbitration proceedings were not validly
conducted.
(e) A can take the plea that there was no arbitration clause only if B agrees to do
the same.

Question 6: International commercial arbitration proceedings in a matter
commenced before the coming into force of the Arbitration Act. The foreign award,
however, was given only after the coming into force of the Arbitration Act. The
parties did not at any time have an agreement to the effect that the Arbitration Act
would be excluded. A, a party to the arbitration, wishes to know whether the award
can be enforced under the provisions of the Foreign Awards (Recognition and
Enforcement) Act, 1961 (“the Foreign Awards Act”).
Principle: The Arbitration Act covers domestic as well as international commercial
transactions unless the parties to an international commercial arbitration, by express
or implied agreement, exclude it or any of its provisions.
Options:
(a) Since the arbitration commenced before the coming into force of the
Arbitration Act, it would not apply to it.
(b) Since the parties have specifically excluded the Arbitration Act, the award
can only be enforced under the Foreign Awards Act.
(c) The parties may choose to enforce the award under either the Arbitration Act,
or the Foreign Awards Act, as they wish.
(d) The award, being a foreign award, can only be enforced under the provisions
of the Foreign Awards Act.

(e) The Arbitration Act would apply in this case, since there was no agreement
between the parties to exclude its provisions. The award cannot be enforced
under the Foreign Awards Act.

Question 7: A, a party to a conciliation proceeding, seeks to enforce the settlement
agreement. The other party to the proceeding, B, has not signed the agreement. Can
A have the settlement agreement enforced?
Principle: Section 73 of the Arbitration Act, mandates that the settlement agreement
signed by the parties will be final and binding on the parties, and persons claiming
under them respectively.
Options:
(a) A cannot have the settlement agreement enforced, since it has not been
signed by both parties.
(b) A can have the settlement agreement enforced, since Section 73 of the
Arbitration Act provides that a settlement agreement will be final and
binding on the parties.
(c) Only persons claiming under A can have the settlement agreement enforced.
(d) A can have the settlement agreement enforced by approaching a court of law,
and asking that it pass a decree in terms of the agreement.
(e) A settlement agreement has the same force as an arbitral award, that is, the
force of a decree of a court, and so, A can enforce it.

Subject 2: The Civil Procedure Code, 1908, and The Limitation Act, 1963
Category A
Question 8: Which of the following questions about jurisdiction under the CPC is
least accurate?
Options:
(a) Any person who has a civil dispute with another person has a right to
institute a civil suit in a competent court unless its cognizance is either
expressly or impliedly barred by any law.
(b) In order to commence a legal action the plaintiff must have a cause of action
against the defendant.
(c) In order to succeed in a legal action the plaintiff must be able to locate and
produce the defendant before the court.
(d) The plaintiff must commence legal action against the defendant within a
particular period of time.
(e) Every court has its own geographical territorial limit beyond which it cannot
exercise its jurisdiction.

Question 9: In which of the following cases is a plaintiff precluded from filing a suit?
Options:
(a) Where a proposed suit is barred by res judicata.
(b) Where questions in the proposed suit relate to execution, discharge, or
satisfaction of a decree.
(c) Where an order is made determining an application for compensation for
arrest, attachment or temporary injunction, no suit of any nature may be
filed.
(d) Where there is an omission to sue or where there has been relinquishment in
respect of part of a claim by a plaintiff without the leave of the court, a
separate suit cannot be instituted for such part of the claim.
(e) Where a suit is dismissed for non compliance with an order of discovery, the
plaintiff cannot institute a new suit on the same cause of action.

Question 10: Which of the following statements is least accurate about the principles
of res judicata?
Options:
(a) The matter directly and substantially in issue in the subsequent suit or issue
must be the same matter which was directly and substantially in issue either
actually or constructively in the former suit.
(b) The former suit must have been a suit between the same parties or between
parties under whom they or any of them claim.
(c) The parties must have been litigating under the same title in the former suit.
(d) The matter directly and substantially in issue in the subsequent suit must
have been decided in favour of the plaintiff by the court in the former suit.
(e) The court which decided the former suit must be a court competent to try the
subsequent suit or the suit in which such issue is subsequently raised.

Question 11: A plaint may be rejected in which of the following cases?
Options:
(a) Where the suit appears from the statements in the plaint to be barred by any
law.
(b) The facts show that the court has jurisdiction.
(c) Where the defendant or the plaintiff is a minor or a person of unsound mind.
(d) Where the plaintiff has allowed a set-off or relinquished a portion of his
claim.
(e) Where the plaintiff has an actual existing interest in the subject-matter.

Category B
Question 12: A has a civil dispute with B, and wishes to institute proceedings against
B. A and B live in the same state, and the dispute relates to some property situated in
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the same state. A decides to approach the High Court in another state. Can A
institute proceedings in that High Court?
Principle: The CPC provides that any person, who has a civil dispute with another
person, has a right to institute a civil suit in a competent civil court, unless its
cognizance is either expressly or impliedly barred by any law. The CPC provides
that the territorial jurisdiction of a High Court in a state is limited to the territory of
that state, and not beyond it.
Options:
(a) A can institute proceedings in that court, since she has a right approach any
civil court.
(b) A can institute proceedings in that court, since that court is also governed by
the CPC.
(c) All courts of law in the country, no matter where they are situated, are
governed by the Constitution, and so, A can approach any court whatsoever.
(d) Parties to a dispute can choose any court that they wish to approach, and by
doing so, they confer jurisdiction on that court. A can approach the court in
the other state.
(e) A can only approach a competent civil court; the CPC sets out the rules of
jurisdiction for civil courts; the High Court in the other state does not have
jurisdiction over this matter, and is not a competent civil court in this state.

Question 13: A deposited title deeds to certain immovable property with B. A then
took a debt from C, against the security of the same title documents. When the time
for repayment of the debt from A to C was over, C alleged that A had not paid the
debt back, whereas A alleged that the debt had been paid. A and C both claim the
title documents from B. B wishes to return the title deeds to the rightful claimant,
and to recover her charges for keeping the title deeds in safekeeping. Can B institute
an interpleader suit against A and C?
Principle: Where two or more persons claim adversely to one another the same debt,
sum of money, or other property, movable or immovable, from another person, who
claims no interest therein other than for charges and costs and who is ready to pay or
deliver it to the rightful claimant, such other person may institute a suit of
interpleader against all the claimants for the purpose of obtaining a decision as to the
person to whom the payment or delivery shall be made and for obtaining indemnity
for himself.
Options:
(a) B cannot institute an interpleader suit, since this matter relates only to a
dispute between A and C, and B has no interest in it.
(b) B cannot institute an interpleader suit, since she is claiming an interest in the
property, that is, the title deeds.
(c) B cannot institute an interpleader suit, since title deeds in themselves are not
property.
(d) B cannot institute an interpleader suit, since she does not wish to deliver the
title deeds to the rightful claimant.

(e) B can institute an interpleader suit, since she was entrusted with the title
deeds, which both A and C claim, and which B is willing to return to the
rightful claimant.

Question 14: A sues B and C for Rs.10,00,000/-. A owes B Rs.5,00,000/- in relation to
another transaction. Can this amount be set off between A and B in this action?
Principle: In a suit for recovery of money, where there are ascertainable mutual debts
between the plaintiff and the defendant, one debt may be settled against the other.
The particulars of set-off must be stated in the written statement.
Options:
(a) Yes, B can set off the amount in this action.
(b) No, B cannot set off the amount in this action.
(c) B can set off the amount in this action, but only if C consents to the same.
(d) B cannot set off the amount in this action, since A sued both B and C, and the
debt was due to B alone.
(e) B cannot set off the amount in this action, since it is lower than the amount
that A claims against B.

Subject 3: Constitutional Law
Category A
Question 15: Which of the following rights is not provided to citizens by A.19(1) of
the Constitution of India (“the Constitution”)?
Options:
(a) Freedom of speech and expression.
(b) Right to equality.
(c) Freedom to form associations or unions.
(d) Freedom to reside or settle in any part of the territory of India.
(e) Freedom to form associations or unions.

Question 16: Which provision of the Constitution provides that no person shall be
deprived of his life or personal liberty except according to procedure established by
law?
Options:
(a) Article 19(1)(a).
(b) Article 14.
(c) Article 21.
(d) Article 20(1).
(e) Article 20(2).

Question 17: In what cases may the Supreme Court’s jurisdiction under A.32 of the
Constitution be invoked?
Options:
(a) In any appeal from the High Court.
(b) In any appeal from the High Court where a substantial question of law is
involved.
(c) In any appeal from the High Court where there is an error apparent on the
face of the record.
(d) In any case where the Supreme Court has original jurisdiction by virtue of the
pecuniary value of the suit.
(e) Any matter for the enforcement of the rights conferred in Part III of the
Constitution.

Question 18: In which of the following cases can the Supreme Court be approached
under A.32 against private individuals?
Options:
(a) When the private individual has violated A.21 of the Constitution by
imprisoning someone against their will.
(b) When the private individuals are too powerful to be effectively prosecuted by
lower courts.
(c) When the private individuals are employees of the Central Government.
(d) When the private individuals have violated A.23 of the Constitution by
forcing someone to work as bonded labour against their will.
(e) When the private individuals have refused to appear before lower courts.

Category B
Question 19: A government-run college changes its rules to provide that students
who were residents of other states, and who applied for admission to the college,
would have to pay a capitation fee, whereas students who were resident in the state
that the college was located in would not have to pay the capitation fee. A, a student
residing in another state, challenges this rule, claiming that her fundamental right
under A.15 of the Constitution has been violated. Will she succeed?
Principle: “The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.” (A.15(1) of the Constitution)
Options:
(a) A will not succeed, since the discrimination in this case was on the basis of
residence, and not on any of the grounds prohibited by A.15(1).
(b) A will not succeed, since the State is not obliged to provide education to any
citizen.

(c) A will not succeed, since a government-run college does not fall within the
definition of ‘State’ for the purposes of Part III of the Constitution.
(d) A will succeed, since the college, being a government-run college, is ‘State’
for the purposes of Part III of the Constitution.
(e) A will succeed, since the college has unfairly discriminated against students
residing in other states, and this is violative of the Constitution.

Question 20: A approached the Supreme Court under A.32 of the Constitution,
alleging that her fundamental right under A.19(1)(a) had been violated. The
Government contends that A should first approach the High Court under A.226
before approaching the Supreme Court, and that, on this ground alone, her petition
should be dismissed. Can A’s petition be dismissed on this ground?
Principle: “The right to move the Supreme Court by appropriate proceedings for the
enforcement of the right conferred by this Part [Part III] is guaranteed.” (A.32(1) of
the Constitution)
Options:
(a) The Supreme Court, being the highest court of the land, cannot be
approached directly. A’s petition can be dismissed on this ground.
(b) The Supreme Court is the ultimate protector of the fundamental rights, and
not the court of first instance to protect fundamental rights. A’s petition
cannot be dismissed.
(c) The right to approach the Supreme Court under A.32 is itself a fundamental
right. A’s petition cannot be dismissed.
(d) A violation of a fundamental right is a serious matter. A’s petition cannot be
dismissed.
(e) High Courts have no authority to decide matters involving the violation of a
fundamental right. A’s petition cannot be dismissed.

Question 21: The Supreme Court was hearing a matter involving proceedings for
contempt of court brought against some police officials for assaulting and
maliciously prosecuting a judge of a High Court. The Supreme Court not only
convicted the police officers of contempt of court, it also quashed the proceedings
against the judge. The police officers challenge the quashing of the proceedings,
claiming that the quashing of the proceedings against the judge was beyond the
powers of the Supreme Court in this matter.
Principle: “The Supreme Court in the exercise of its jurisdiction may pass such decree
or order as is necessary for doing complete justice in any cause or matter pending
before it...” (A.142(1) of the Constitution)
Options:
(a) The Supreme Court can only decide upon the issue of contempt of court
brought against the police officers in this matter.
(b) The Supreme Court can only pass orders or decrees to do complete justice in
matters involving the violation of a fundamental right, and not for matters
such as malicious prosecution, as in this case. The police officers will succeed.

(c) The Supreme Court can pass the order quashing the proceedings against the
judge if it feels that it is necessary to do so in order to do complete justice in
this matter.
(d) The Supreme Court can pass the order quashing the proceedings, since it
involves the judge of a High Court, who has constitutional protection in such
cases.
(e) The Supreme Court cannot pass the order quashing the proceedings, since it
does not have jurisdiction in criminal matters.

Subject 4: Contract Law including Specific Relief, Special Contracts and
Negotiable Instruments.

Category A
Question 22: Which of the following statements is least accurate about contract law
in India?
Options:
(a) The Contract Act is not an exhaustive code.
(b) Parties to an agreement must have the intention to create legal obligations in
order to give rise to a contract.
(c) An invitation to treat does not constitute a valid offer.
(d) An offer can be accepted through a counter-offer.
(e) An offer may be revoked at any time before acceptance is completed.

Question 23: Which of the following persons are not competent to enter into a
contract?
Options:
(a) Minors.
(b) Illiterate people.
(c) Senior citizens.
(d) Alcoholics.
(e) Criminals.

Question 24: An agreement in restraint of marriage is:
Options:
(a) Voidable at the option of the promisor.
(b) Voidable at the option of the promisee.
(c) Expressly declared void.
(d) Cannot be enforced as there is no privity of contract.
(e) A valid contract.

Question 25: A contract of insurance is what kind of contract?
Options:
(a) Contract of guarantee.
(b) Contract of indemnity.
(c) Contract of surety.
(d) Contract of bailment.
(e) Contract of agency.

Category B
Question 26: A and B were negotiating the sale of A’s house to B over the telephone.
They finalised a price for the house, and A told B to send her a letter confirming that
B wished to buy the house for the price finalised. B told A over the telephone that
she would buy A’s house. Is A bound by B’s acceptance over the telephone?
Principle: If a particular mode or time limit is specified for the acceptance of an offer,
the acceptance will only be valid if made in that mode and within that time. If no
such mode or time is specified, the acceptance must be made in a reasonable mode,
and within a reasonable time.
Options:
(a) A is not bound by B’s acceptance, since it was not made in the mode
prescribed by A, that is, by sending a letter.
(b) A is not bound by B’s acceptance, since a sale of immovable property should
not be discussed or finalised over the telephone.
(c) A is not bound by B’s acceptance, since B did not make it in a reasonable
time.
(d) A is bound by B’s acceptance, since the acceptance was communicated to A.
(e) A is bound by B’s acceptance, since the telephone is a more reliable and
speedy means of communication than a letter.

Question 27: A wishes to subscribe to an insurance policy provided by XYZ
Insurance Co. Ltd. The application form contained a set of instructions, clearly telling
the applicant to mark the box provided if she had consulted a doctor in relation to
any illness in the past three years. A had consulted a doctor in relation to her heart
ailment the previous year, but did not mark the box. A felt that this would be a
violation of her privacy. Has A committed fraud?
Principle: Fraud means and includes actively concealing a fact by a party to a contract
having knowledge or belief of that fact, with intent to deceive the other party or her
agent, or to induce her to enter into a contract. Insurance contracts are considered
uberrimae fidei, meaning, of utmost good faith, and there must be full disclosure of all
material facts in such cases.
Options:

(a) A has not committed fraud, since her medical history is private to her, and
forcing her to disclose the same would be violation of her privacy.
(b) A has not committed fraud, since it is up to the insurance company in all such
cases to examine the medical fitness of a subscriber.
(c) A has not committed fraud, since the insurance company had the option not
to provide the policy to her.
(d) A has committed fraud, since an insurance contract is one of utmost good
faith, and she actively concealed a material fact by not disclosing the fact that
she had consulted a doctor in relation to her heart ailment.
(e) A has committed fraud, since she had consulted a doctor in relation to her
heart ailment in the past year, and while this may not be a material fact, it
could be a relevant fact for the purposes of the Evidence Act.

Question 28: A buys some goods from B, who is located in another city. When B asks
for payment for the goods to be sent to her by way of a demand draft, A refuses, and
instead, asks B to come to her office and collect the payment in cash. Is B bound to go
A’s office in the other city to collect payment, or must A send the payment to B, as
requested?
Principle: The promisor must call upon the promisee to appoint a reasonable place for
performance. Where the contract does not specify a place, the proper place has to be
inferred from the terms of the contract.
Options:
(a) A is the purchaser of the goods in this case, and, according to the doctrine of
‘buyer is always supreme’, has the ability to call upon B to collect the
payment from her office. B cannot insist upon the payment being sent to her.
(b) A cannot insist upon B coming to her office to collect the payment. It is
reasonable for B to ask that the payment be sent to her.
(c) A can insist upon B coming to her office to collect the payment, since cash is
always a better mode of payment than a demand draft.
(d) The doctrine of caveat emptor provides that a buyer must carefully consider
any goods before purchasing them. As such, A is within her rights to insist
that B come to her office and collect the payment, so that A has time to
examine the goods and verify that they are fine.
(e) It is reasonable for A to insist that B come to her office to take the purchase
money, since this is the only way that A can ensure that no fraud is
committed in the contract

Subject 5: Criminal Law I - IPC
Category A

Question 29: Which of the following words, when used in the Indian Penal Code,
1860 (“the IPC”), is not related to the concept of mens rea?
Options:
Dishonestly.
Fraudulently.
Logically.
Voluntarily.
Maliciously.

Question 30: Which of the following statements about conspiracies under the IPC is
most accurate?
Options:
(a) The IPC divides conspiracies into three categories.
(b) For a conspiracy to exist, some act besides the agreement between the parties
must be done in pursuance to the agreement.
(c) A conspiracy is always hatched in secrecy.
(d) Each of the conspirators must have taken an active part in the commission of
each and every one of the conspiratorial acts for the offence of conspiracy to
be made out.
(e) The offence being conspired must also have been committed.

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