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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 35

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 35
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Weekly Quiz Competition
  • Question 1
    1 / -0
    Which among the following cases relates to right to speedy trial also extends to police investigation?
    Solution

    The SC in the case of Pankaj Kumar v. State of Maharastra, AIR 2008 SC 3077 held that "the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution.    This right is applicable not only to theactual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to speedy trial extends equally  to all criminal persecutions and is not confined to  any particular category of cases."

  • Question 2
    1 / -0
    Medical jurisprudence is another name of ________.
  • Question 3
    1 / -0
    Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
    LEGAL PRINCIPLE: Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered shall be punished.
    FACTUAL SITUATION: A kidnaps K intending and knowing the fact to be likely that K may be sacrificed to an idol so that his wife will be cured from the three months long fever. Police arrested A. A defends himself that his intention is not to murder K. Decide.
    Solution
    A with the knowledge that K is likely to be sacrificed to an idol has abducted K. Therefore,  A is liable for both Abduction and murder.
  • Question 4
    1 / -0
    Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
    LEGAL PRINCIPLE: Marrying once again during the sustenance of earlier marriage is an offence punishable under law.
    FACTUAL SITUATION: Sachin and Renu are married for last 5 years. Renu met with an accident and was admitted to the Hospital in an unconscious condition. Now 50 days have lapsed and her unconscious condition continues. The doctors say that her survival would be difficult. Sachin and Renu have a young kid aged 8 months, whom they like very much. As there is nobody to take care of the child, Sachin asked his friend Seema to take care of the kid. She imposed, a condition that she would take care of the kid only if he marries her. Under these circumstances, Sachin married Seema. Decide.
    Solution
    Bigamy is not allowed in the Hindu Law and any person committing bigamy is said to have committed an offence under section 494 of IPC. 
    Sachin was already in a marriage with Renu when he married Seema. Since the marriage between Seema and Sachin was during the sustenance of earlier marriage. Therefore, Sachin by marrying Seema has committed an offence.
  • Question 5
    1 / -0
    Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
    PRINCIPLE: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.
    FACTS: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court asking for anticipatory bail. 
    Solution
    Criminal defamation is defined under section 499 of IPC.  Section 500 of IPC declares that the crime of criminal defamation is a bailable offence. 
    whereas anticipatory bail under Section 438 of CrPC can be given only to a person who apprehends arrest for a non-bailable offence. Therefore, since defamation is not a non- bailable offence. Therefore, the application of Z must be returned as non-maintainable.
  • Question 6
    1 / -0
    PRINCIPLE: A second suit will not be heard on the same facts between the sane parties.
    Nakshatra files a suit against Chandra for getting possession of a house on the ground that the property was passed on to her through the Will executed by Surya before his death. The suit gets dismissed as Nakstra fails to produce the Will. Nakshatra files another suit against Chandra to get the same house from the latter, on the ground that she was entitled to the house as being the nearest heir of Surya.
    Solution
    The principle that a second suit cannot be heard on the same facts and between the same parties is called the doctrine of res judicata and is enshrined under Section 11 of Civil Procedure Code. 
    Since the second suit was between the same parties that is Nakstra and Chandra. And the facts in both the cases will be same, since the prayer in both the cases is with regard to the possession of the same house only the grounds are different. 
    Since, there are same facts and same parties. Therefore, the second suit cannot be heard.
  • Question 7
    1 / -0
    Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
    LEGAL PRINCIPLE: Limitation bars the remedy, not the right.
    FACTUAL SITUATION: After the expiry of the limitation of three years, debtor Rohan makes a part payment of debt to creditor, Sohan. Sohan then files a suit against Rohan for recovery of the debt two years from the date of part payment.
    Decide.
    Solution
    The legal Principle means that limitation bars the remedy, ie. the right to file a suit and the suit cannot be filed after the time has lapsed. This, however, does not mean that the right to recover is also barred. For instance, A advances loans to C in every six months and enters this entry into his Book of accounts. 
    Now, since the limitation to file a suit to a Civil Court lies within 3 years of the cause of action. So, A cannot file a suit for the first amount that was advanced by A to C as it is barred by the Limitation Act, but this doesn't mean that A does not have the right to recover the said amount from C. A will have the right to recover the amount of the first installment of C by any other means for example selling off the security advanced by C to A. 
    Here, Rohan made part payment of debt to Sohan. Now Sohan files a suit against Rohan for recovery of debt 2 years from the date of part payment. That means that Sohan has filed a suit after 5 years of the lending of the debt. 
    And therefore, the remedy i.e. filing of a suit is time-barred. 
  • Question 8
    1 / -0
    Under Article 145(3) of Constitution of India minimum number of judges to sit on the Constitution Bench or on Bench which gives its advisory opinion on the reference by the President must be _________________.
    Solution
    Article 145(3) of Indian Constitution says that there should at least five judges to hear cases that involve " a substantial question of law as to the interpretation" of the constitution, or any reference under article 143, which deals with the power of the President of India to consult the Supreme court of India.
  • Question 9
    1 / -0
    The Supreme Court has original jurisdiction ____________________.
    Solution
    The judicial function of the Supreme Court is both the original as well as of the appellate nature.
    Original Jurisdiction of a court implies those cases which could be directly brought before it.
    The Supreme Court of India has original jurisdiction over certain cases :
    (1) Interpretation of the constitution
    (2)center-state Dispute/ Union - State disputes
    (3) The dispute between two or more states/ interstate disputes.
    (4) Fundamental rights
  • Question 10
    1 / -0
    LEGAL PRINCIPLE: A suit shall be instituted in the court within whose jurisdiction the cause of action arises; or the defendant actually and voluntarily resides or carries on business, or personally works for gain.
    FACTUAL SITUATION: 'Y' carries on business in Mumbai. 'Z' carries on business in Delhi. 'Z' buys goods of  'Y' in Mumbai through his agent and request 'Y' to deliver them at Delhi. Accordingly, 'Y' delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of amount from 'A'. Which court may 'Y' approach?
    DECIDE.
    Solution
    A case can be filed- 
    1. where cause of action arises.
    2. Defendant resides or carries on business or works for gain. 
    Y is here the defendant therefore Y can approach the court of -
    a. Mumbai- because Y carries Business in Mumbai.
    b. Delhi- because the cause of action that non payment of goods delivered arised in Delhi.
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