AIBE Model Paper Open-Book-Examination

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Introduction

The Open-Book Examination is an examination conducted by AIBE, India's premier educational institute for law practitioners. It is open to all Indian law graduates and post-graduates aspiring to practice law. The exam comprises of questions on various areas of law which are drawn from the syllabus prescribed by the Bar Councils of India (BCI), and the Supreme Court Bar Association (SCBA). These include, criminal procedure, family laws; criminal jurisdictions under CPC 1908 and CrPC; jurisprudence (lawyers' conduct); constitutional rights etc.,

1. Estoppel is a rule of evidence and not substantive law. What is the place of estoppel in law? When will the plea of estoppel be sustained? Discuss with reference to decided cases.

Estoppel is a rule of evidence and not substantive law. It is an equitable doctrine which prevents one from asserting a position in a manner that would defeat the interest of another. In other words, it prevents one from denying something which he or she previously asserted.

In order for estoppel to be raised as a defence against an action for damages, there must be some inconsistency between what has been said by both parties (the plaintiff and defendant). If these two statements are inconsistent then it may be said that they cannot both be true at the same time because if this was so then they would contradict each other and therefore no one could win against them both simultaneously since neither would stand up against their opponent's claim without claiming themselves as well!

2. There are two kinds of constructive notice? How is each kind different from the other? Explain, with help of decided cases, how will you conclude whether a person had actual or constructive notice, if any.

There are two kinds of constructive notice: actual, and constructive. Actual notice is a legal fiction that allows a person to be held responsible for an act or omission if he or she knew about the existence of facts necessary for him/her to make a reasonable decision. A person may be held responsible for his/her actions even if he/she did not have knowledge that those actions were wrong, but only if it can be shown that his/her conduct would have led him/her to know what was right and wrong had he taken action in order to avoid committing such acts. The second kind is called constructive notice because it involves knowledge gained through one’s own investigation and research (where as example: You might find out about something you didn't know before). In this case there needs not necessarily been any wrongdoing on behalf our employer but simply enough information so he can make an informed decision when deciding whether or not something should happen in future

3. The distinction between ownership and possession has been explained by the Supreme Court in several decisions. Can you explain this distinction, with help of decided cases?

In the case of possession, the thing in question is physically present. It's your property and you can do with it whatever you want.

The Supreme Court has held that ownership cannot be lost by abandonment (or "death"). So if someone leaves their house to someone else, they still own it as long as no one else has come along and claimed ownership over it (or if there was some kind of failure to transfer). Similarly, if someone dies without leaving a will or other legal document establishing their heirs' rights over his or her assets and debts, then those assets go back into circulation among all potential claimants until such time as they are distributed according to law (in most cases this means probate).

4. What is meant by ‘jurisdiction’ under CPC, 1908? How are jurisdiction under CPC, 1908 and jurisdiction as per CrPC different from each other? Explain with help of decided cases.

Jurisdiction is the power of a court to hear and decide a case. It means that the authority or jurisdiction of an authority is under its control. Jurisdiction also means that legal rights are protected by law. In other words, if there is no legal provision for any particular person or thing to act or do something in some particular place for example:

The police cannot enter your house without your permission (jurisdiction)

You cannot take away someone else's property without their consent (jurisdiction)

If you break into someone else's house illegally then you cannot escape punishment by claiming immunity under Articles 19 and 21(1)(a).

5. There can be no arrest without entry in the arrest register and without fair investigation with the accused being produced before a magistrate without delay (Gurbaksh Singh Sibbia vs State Of Punjab). How far do you agree that these conditions have been complied with in your area? Explain, giving reasons for your views.

In order to arrest an accused, the police officer has to enter the details of the arrest in an entry register. The Supreme Court has held that there can be no arrest without entry in this register and without fair investigation with the accused being produced before a magistrate without delay. This is not a law, but rather a rule of evidence which protects an innocent person from arbitrary arrest by public servants.

Conclusion

The main objective of the Legal Model Paper is to help you understand each part of the paper and how they relate to each other. The papers are not meant to be a comprehensive explanation of every case law decision, but rather provide an outline of the case law decisions which will aid your understanding. You may find it useful to search for specific cases within this resource if there is no relevant case for your particular situation.

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