Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 2

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 2

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Weekly Quiz Competition

Question 1
1 / -0

Which one of the following is the most important item of expenditure of the Government of India on revenue account?

A
Defence

B
Subsidies

C
Pensions

D
Interest payments

Solution

A revenue account includes all the revenue receipts also known as current receipts of the government. These receipts include tax revenues and other revenues of the government. Revenue expenditure includes expenses which are not used for the creation of assets or repayment of liabilities. These basically include the current expenses of the government. For example, pensions, giving subsidies, interest payments are instances of revenue expenditure. Out of these, interest payments which include interest payments on government debt-including long-term bonds, long-term loans, and other debt instruments--to domestic and foreign residents, is the most important.
Question 2
1 / -0

Inability of counsel to appear due to illness before arbitrator is a ground covered

A
under section $$30$$ of Arbitration Act, $$1940$$

B
under section $$34(2)$$ of Arbitration and Conciliation Act, $$1996$$

C
under section $$30$$ of the Limitation Act, $$1963$$

D
under section $$31$$ of Arbitration and

Solution

As per section 34(2) of the act, an arbitral award may be set aside by the court only if the party making the application furnishes proof that-
(i) A party was under some incapacity, or
(ii) The arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication hereon, under the law for the time being in force; or
(iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:
(v) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part;
Here in the present case if the lawyer is unable to attend the arbitral sitting, it shall be covered under Section 34(2) (iii) of the act.
Question 3
1 / -0

The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:

A
within sixty days

B
within thirty days

C
within ninety days

D
none of the above

Solution

Section 33 of the Act says that if the arbitral tribunal considers the request made by the parties for correction or interpretation of award to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award.
Question 4
1 / -0

Under section $$34$$, misconduct in proceeding means:

A
proceeding ex prlrte without sufficient cause

B
improper rejection of evidence

C
both (a) and (b)

D
only (a)

Solution

As per Section 34 of the Act, grounds for application to set aside the arbitral award has been provided. But there are certain unstated grounds of setting aside the awards such as any misconduct in proceedings of arbitration. Such misconducts in proceedings include any arbitral proceedings is carried on ex-parte i.e. without party or parties without any sufficient cause to the same. Also in case if evidence was rejected in improper manner, it amounts to misconduct of proceedings.
Question 5
1 / -0

Section $$30$$ of the Act lays down the provision for:

A
mutual settlement of disputes by parties before the arbitral Tribunal

B
form and content of the interim award

C
termination of the proceedings of an arbitral Tribunal

D
correction and interpretation of an arbitral Tribunal

Solution

Section 30 of the act talks about settlement during arbitration. It says that, arbitral tribunal shall encourage settlement of the dispute and, with the agreement of the parties; the arbitrat tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. If, during, arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an award on agreed terms.
Question 6
1 / -0

Which high court is common for more than three states?

A
Sikkim High court

B
Bombay High court

C
Guwahati High court

D
Lucknow High court

Solution

The Guwahati High Court was established on 1 March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Guwahati High Court in 1971 by the North East Areas Act, 1971. It has the largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.
Question 7
1 / -0

The term 'jurisdiction' in a federation means _____________.

A
Law

B
Area of influence

C
Sovereignty

D
Autonomy

Solution

'Jurisdiction' is the power that a court of law exercises to carry out judgements and enforce laws. The Supreme Court is the protector and the final interpreter of the Constitution. It has both original and appellate jurisdiction as well as advisory jurisdiction.
Question 8
1 / -0

Which of the following comes under the original jurisdiction of both Supreme Court and High Court?

A
River water disputes.

B
Dispute regarding election of President

C
Disputes regarding violation of fundamental rights

D
Disputes regarding the subjects in concurrent list

Solution

Article 32 provides the right to Constitutional remedies which means that a person has right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While Supreme Court has power to issue writs under article 32, High Courts have been given same powers under article 226.
Question 9
1 / -0

High Court in the following cities were established at one time or the other. Identify the sequence in which they established.
A. Allahabad
B. Bombay (New Mumbai)
C. Delhi.
D. Nainital

A
A, C, D, B

B
C, D, A, B

C
B, A, C, D

D
D, B, A, C
Question 10
1 / -0

In case of any dispute about the division of powers, the decision is taken by the _______________.

A
high court

B
supreme court

C
parliament

D
high courts and supreme court

Solution

The Supreme Court have the power to interpret the Constitution, and the powers of different levels of the government. The Supreme court acts as an umpire in case of disputes arising between different levels of the government in the exercise of their respective powers of dual objectives.

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Re-Attempt Weekly Quiz Competition

Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 2

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 2

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Rank

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SHARING IS CARING

Question 1

Defence

Subsidies

Pensions

Interest payments

Solution

Question 2

under section $$30$$ of Arbitration Act, $$1940$$

under section $$34(2)$$ of Arbitration and Conciliation Act, $$1996$$

under section $$30$$ of the Limitation Act, $$1963$$

under section $$31$$ of Arbitration and

Solution

Question 3

within sixty days

within thirty days

within ninety days

none of the above

Solution

Question 4

proceeding ex prlrte without sufficient cause

improper rejection of evidence

both (a) and (b)

only (a)

Solution

Question 5

mutual settlement of disputes by parties before the arbitral Tribunal

form and content of the interim award

termination of the proceedings of an arbitral Tribunal

correction and interpretation of an arbitral Tribunal

Solution

Question 6

Sikkim High court

Bombay High court

Guwahati High court

Lucknow High court

Solution

Question 7

Law

Area of influence

Sovereignty

Autonomy

Solution

Question 8

River water disputes.

Dispute regarding election of President

Disputes regarding violation of fundamental rights

Disputes regarding the subjects in concurrent list

Solution

Question 9

A, C, D, B

C, D, A, B

B, A, C, D

D, B, A, C

Question 10

high court

supreme court

parliament

high courts and supreme court

Solution

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