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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 1

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 1
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Weekly Quiz Competition
  • Question 1
    1 / -0
    A judge of the Supreme Court can be removed by _____________.
    Solution
    By the president after a resolution of Parliament passed by a majority  of its members and two third majority of the members present and voting  in each house.
  • Question 2
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    A judge of the Supreme Court shall hold office until he attains the age of ______.
    Solution
    As per the Constitution of India, Supreme Court judges retire at age of 65 while the age of retirement for High Court judges is 62 years. There was a bill introduced to raise the age of retirement of high court judges also to 65 but that bill was never passe.
  • Question 3
    1 / -0
    The ultimate power of interpreting the Constitution of India lies with the ________________.
    Solution

    The responsibility of interpreting the constitution rests on the Supreme Court. The interpretation of the constitution which the Supreme Court shall make must be accepted by all. It interprets the constitution and preserves it. Where a case involves a substantial question of law as to the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court for interpretation of the question of law raised.

  • Question 4
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    An institution where disputes between citizens and the government are finally settled is the _______.
    Solution
    The disputes between the government and the citizens  are settled by the Supreme Court. According to Constitution of India, Supreme Court is the highest court, who only has the power to resolve the disputes between central government and state government, disputes between two states.
  • Question 5
    1 / -0
    Which of the following judicial powers is vested with the Governor?
    Solution
    The governor does not have the power to remove a high court judge. The Constitution provides that a judge can be removed only by an order of the President, based on a motion passed by both houses of parliament.
  • Question 6
    1 / -0
    The pendency of any arbitral 'proceeding is not a pre-condition in exercise of power by court. The court may grant interim relief before or during arbitral proceedings or at anytime after making of the arbitral award before it is enforces. It was held in case of
    Solution
    In the case of Global Congeneration Power Ltd. v. Shri Hirenyakeshi Sahkari Karkhana Niyamit, [AIR 2005 Kar 94], the question was regarding the awarding of interim award under section 9 of the Arbitration and Conciliation Act, 1996. It was held that under Section 41(b) of the Arbitration Act 1940, the Court had power to grant interim reliefs, for the purpose of, and in relation to arbitration proceedings. Section 41(b) was interpreted to mean that the Court could grant interim relief if the arbitration proceedings were pending before the arbitrator or before the Court. Pendency of any proceedings in the Court in relation to the arbitration was a precondition for the exercise of power by the Court to grant interim relief under Section 41(b) of the Arbitration Act, 1940. 
  • Question 7
    1 / -0
    'Ignorantia juris nemineam exusat' stands for ________________.
  • Question 8
    1 / -0
    Choose the correct answer from the alternatives given.
    The court may grant rescission where the contract is:
    Solution
    The term “rescission” refers to the undoing, or “unmaking” of a contract between parties. Rescission of a contract may be ordered by a court as an Equitable remedy in a civil lawsuit , and is intended to bring the parties as close to the same position they were in before they entered into the contract as possible.
    Rescission of a contract can be done only of a VOIDABLE CONTRACT. 
    A voidable contract is a valid contract unlike a void, unenforceable or illegal contract. The former one can be affirmed or rejected by the parties. The latter ones however have no value in the eyes of law. 
    Therefore, Court can order rescission of only voidable contract as the other three have no value in the eyes of law.
  • Question 9
    1 / -0
    The Arbitral Tribunal shall rule _______________.
    Solution
    The Arbitral Tribunal is constituted on agreement between the parties but the tribunal has been given power under section 1616 of the Act to rule on its own discretion including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail the invalidity of the arbitration clause.

  • Question 10
    1 / -0
    The arbitral tribunal may by order terminate the arbitral proceedings _______________.
    Solution
    The arbitral tribunal can order to terminate the arbitral on the circumstances specified under section 3232 of the Act. These include:
    (a) the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute,
    (b) the parties agree on the termination of the proceedings, or
    (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

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