Self Studies

Business Situat...

TIME LEFT -
  • Question 1
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    Ramesh was a karmchari at electricity department; he was one day caught taking bribes by the vigilance department for providing an illegal connection. Based on an FIR registered by vigilance department, Ramesh was removed from service with immediate effect. Ramesh, argues for his natural right of being heard but department rejects it by stating that neither his service rules, nor his agreement provides for such a right, and the department had the power to remove it on account of misconduct without providing any notice whatsoever. What will the court decide in this case?

  • Question 2
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    Dr. Siddharth was removed from practicing in the city of Bhagalpur for practicing without the license of Bhagalpur medical college. The statute under which the college acted provided half the fine for practicing without a license will go to the government and half to college. Proper notice was given before removal and he was removed after due inquiry and after being given a proper right to be heard. Decide.

  • Question 3
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    Justice Nayan Mehta decided in favour of a particular legal interpretation in a judgment. His was a majority judgment in a 3 judge bench. He while delivering the judgment knew that there was an existing judgment of another 3 judge bench which had decided in favour of another legal interpretation on the same issue. As per settled law, if there are two conflicting judgment on same issue which was decided by a bench of similar strength then the judgment which came earlier shall be given the preference invalidity. But Nayan J. in his judgment wrote that, due to existence of an earlier judgment of 3 judge bench on same issue there remains a conflict of opinion thus the issue should be sent to a larger bench of 5 judges and hence he referred it to a 5 judge bench. Now when the matter came before5 judge bench, it was justice Nayan Mehta who presided the bench and judgment was delivered in favour of interpretation given by Nayan J in his 3 judge bench decision. Nayan J himself wrote the judgment for majority and case was decided by 3:2 in favour of Nayan J’s Interpretation. Decide whether there has been a violation of principle of natural justice in the 5 judge bench judgment?

  • Question 4
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    Raman was removed from the service of XYZ ltd which is a government company. Before removal, he was given proper show-cause notice and was heard by the Principle Secretary of Power ministry who was also a shareholder in XYZ limited but did not have any controlling interest in the company. He owned 20% of the share in the company. Raman before being removed was heard properly and all principles of natural justice related to notice and hearing were followed. Decide, whether his removal was valid or not.

  • Question 5
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    After the encounter of 4 rape accused in Hyderabad, the three police officers got a show-cause notice, which stated that they have been charged with murder and they have to answer in 5 days why action should not be initiated against them. The notice did not mention any details with respect to the date of murder or name of victims, place of incident, etc. The officers did not reply to notice, so they were suspended. Officers then challenged their suspension in court and argued that they did not get an opportunity of being heard. Decide.

  • Question 6
    1 / -0.33

    Directions For Questions

    Direction: Read the following passage and answer the question.

    Rule of natural justice are placed so high that it has been declared time and again by courts that “no human law is of any validity, if contrary to this”, and the court of law could discard an act of parliament if it is contrary to natural justice. Generally, no provision is found in any statute for the observance of the principle of natural justice by adjudicating authorities.

    The question then arises, whether the adjudicating authorities are bound to follow these principles. Law is well settled on this point, courts have observed that even though there are no positive words in a statute or rules requiring that the parties shall be heard, yet the principles of natural justice will supply the omission of the legislature. In other words, if a statute or rule authorising interference with property, civil or fundamental rights was silent on the question of hearing and notice, the courts will apply the rules as it is “of universal application and founded on the plainest principle of natural justice”. Non-observance of principle will invalidate the exercise of power by any authority. Principles of natural justice are binding on all courts, judicial bodies, and quasi- judicial bodies. The question is -are they applicable to an administrative action? The earlier court took the view that it is inapplicable but as per lord denning “that heresy has been scotched”. Thus a statutory body irrespective of its nature or function has to act fairly and not in an arbitrary manner.

    Principles of natural justice differ from situation to situation but certain basic premises remain the same. For instance, the accused should know the nature of the accusation made, he should be given an opportunity to state his case and the tribunal should act in good faith. Whenever a complaint is made to court regarding nonobservance of principles of natural justice, the court has to see whether the observance of that rule was necessary for a just and fair decision as per the facts of the case. If it was necessary then the court will declare the decision ultra vires the power of authority.

    Traditionally, there are 2 principles of natural justice.

    (i) No man shall be a judge in his own cause, or no man can act as both at the one and the same time- a party or a suitor and also a judge, or a deciding authority must be impartial and without bias.

    (ii) Hear the other side, or both the side must be heard, or no man should be condemned unheard, or that there must be fairness on the part of deciding authority.

    The rule against bias simply means that justice should not only be done but manifestly and undoubtedly be seen to be done. Anything which tends or may be regarded as tending to cause such person to decide a case otherwise than on evidence must be held to be biased. Judge is supposed to be indifferent to the parties in controversy. He must be in a position to decide the matter objectively. He cannot allow his personal prejudice to go into decision-making. The object is not merely that scales be held even; it is also that they may not appear to be inclined. This rule also applies to administrative authorities required to act judicially.

    Right to be heard simply means that a party is not to suffer in person or in a purse without an opportunity of being heard. In short, before an order is passed against any person, a reasonable opportunity of being heard must be given to him. This maxim includes 2 elements- notice and hearing. Any action taken without notice is against the principle of natural justice and is void ab initio. The notice must be clear, specific, and unambiguous and charges should not be vague and uncertain. Moreover, notice must give a reasonable opportunity to comply with the requirement mentioned therein. Hearing simply means that no adverse action can be taken against any person without giving him an opportunity of being heard. It also means that adjudicating authority must disclose all evidence and material placed before it in the course of hearing proceedings and must afford an opportunity to the person against whom the evidence is to be used to rebut it. Another rule of hearing is “he who hears should decide” or “one who decides must hear”

    ...view full instructions

    Naman J. was deciding a case, in which one of the parties was a client of Naman J. when he was an advocate and Naman J. has represented him in a case before SC. The opposing counsel asked Naman J. to recuse from hearing the matter but he refused to do so. Decide whether his refusal to recusal is valid or not?

  • Question 7
    1 / -0.33

    Direction:​​ The following question consists of statements followed by two conclusions. Read the given statements carefully and identify which of the conclusions directly follow.

    Statement​​:

    The policy of liberalization will make the rich richer and the poor poorer. The disparity between the rich and the poor will widen.

    Conclusions:

    Liberalization is not good for India.

    The rich believe in liberalization.

  • Question 8
    1 / -0.33

    Direction:​​ The following question consists of statements followed by two conclusions. Read the given statements carefully and identify which of the conclusions directly follow.

    Statement:

    Free and fair elections have been held in the USA.​​ The extremist could not stop them the government must be complimented for it.

    Conclusions:

    1. The government could not have taken the advantage of the situation.

    2. The government has taken the problem of extremists decently enough.

  • Question 9
    1 / -0.33

    Direction:​​ The following question consists of statements followed by two conclusions. Read the given statements carefully and identify which of the conclusions directly follow.

    Statement​​:

    The human organism grows and developed through stimulation and action.

    Conclusions:

    1. The inert human organism cannot grow and develop.

    2. Human organisms do not react to stimulation and action.

  • Question 10
    1 / -0.33

    Direction:​​ The following question consists of statements followed by two conclusions. Read the given statements carefully and identify which of the conclusions directly follow.

    Statement​​:

    Beauty is God’s gift and everything and everyone has beauty, but not everyone identifies it.

    Conclusions​​:

    1. Some people identify beauty.

    2. Beauty is ubiquitous.

Submit Test
Self Studies
User
Question Analysis
  • Answered - 0

  • Unanswered - 10

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
Submit Test
Self Studies Get latest Exam Updates
& Study Material Alerts!
No, Thanks
Self Studies
Click on Allow to receive notifications
Allow Notification
Self Studies
Self Studies Self Studies
To enable notifications follow this 2 steps:
  • First Click on Secure Icon Self Studies
  • Second click on the toggle icon
Allow Notification
Get latest Exam Updates & FREE Study Material Alerts!
Self Studies ×
Open Now