Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 37

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 37

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Weekly Quiz Competition

Question 1
1 / -0

The Supreme Court does not have original jurisdiction regarding a dispute between _________________________.

A
the Government of India and state or States

B
the Government of India and one State on one side and one or more States on the other side

C
two States

D
a citizen and a State.

Solution

Supreme Court being the apex court in India has certain matters in which it has original jurisdiction. This means no other court in the country can decide in the following matters:
1) Dispute between Centre and one or more States;
2) Dispute between Centre and any State or States on one side and one or more states on the other; or
3) Dispute between two or more states.
Whereas, if we talk about dispute between between citizen and State, in such a matter the Supreme Court has writ jurisdiction to decide the matter.
Question 2
1 / -0

Which of the following statements is correct.

A
The original jurisdiction of the Supreme Court is unlimited

B
A dispute between one State and another can only be dealt with by the Supreme Court

C
The Supreme Court must admit appeal from any judgment or order made by any Court

D
All courts including the Supreme Court are bound by the Supreme Court decision

Solution

Article 141 of the Indian constitution says that the law declared by the supreme court to be binding on all courts within the territory of India but the Supreme Court is not bound by its own decision.
The original jurisdiction of the Supreme Court is not unlimited. The Supreme Court of India has original jurisdiction in the following cases
(1) To interpret the constitution
(2) To protect the fundamental rights of an individual
(3) Center-state disputes
(4) Disputes between two and more states.
Question 3
1 / -0

A party shall be precluded from raising the question of jurisdiction of arbitral tribunal _____________.

A
where he has appointed the arbitrator

B
where he has participated in the appointment of the arbitrator

C
both (a) and (b)

D
neither (a) nor (b)

Solution

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. Therefore the party shall not be precluded from raising the question of jurisdiction of arbitral tribunal.
Question 4
1 / -0

Indian law of Contracts and Crimes are ______.

A
General law

B
Special law

C
General and Special law

D
None of the above
Question 5
1 / -0

Which of the following constitutional authorities can settle the dispute regarding the election of President and Vice President of India.

A
The Supreme Court

B
The Election Commission

C
The Parliament

D
The Supreme Court as well as High Courts

Solution

According to the article 71, all disputes and doubts regarding to the election of the President and the Vice-President are inquired into and decided by the Supreme Court whose decision is final.
Question 6
1 / -0

The dispute between the Government of India and one or more States can be heard by Supreme Court under its ________________.

A
original jurisdiction

B
advisory jurisdiction

C
appellate jurisdiction

D
none of the above

Solution

Original jurisdiction means that the Supreme Court has the authority to hear and determine
in the first instances the cases which cannot be moved in any other court than the Supreme Court. The Supreme Court entertains original jurisdiction in the following cases of dispute between:
Government of India and one or more States; or
Between Government of India and any State or States on one side and one or more States on the other; or Between two or more states
Protection of Fundamental Rights: The Supreme Court also extends its original jurisdiction to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights. An individual is allowed to approach the Supreme Court directly in case of violation of fundamental right. Hence, Option A is correct. The mentioned case does not fall under the rest of the jurisdiction procedure options, hence, incorrect.
Question 7
1 / -0

Who expressed the view that 'Supreme Court of India has more powers than any other Supreme Court in any parties of the world' ________________.

A
Justice Khanna

B
Dr. B.M. Rao

C
K.M. Munshi

D
A. Krishna Iyer.
Question 8
1 / -0

Which is the incorrect statement:
In case of an appeal of civil cases to the Supreme Court of India the following condition must be fulfilled.

A
The decision appealed against the judgment, decree or final order of a High Court in the territory of India

B
Such judgment, decree a final order should be given in civil proceeding

C
A certificate of High Court is needed and decided by the High Court

D
None of the above

Solution

In civil cases, an appeal lies to the supreme Court from any judgement of a high court if the high court certifies-
(1) that the case involves a substantial question of law of general importance; and
(2) that the question needs to be decided by the Supreme Court
Originally, only those civil cases that involved a sum of rupees 20,000 could be appealed before the Supreme Court. But this monetary limit was removed by the Constitutional Amendment.
Question 9
1 / -0

Which one of the following is directly related to the Appellate jurisdiction of Supreme Court of India.

A
Appeals made in civil, criminal and constitutional cases

B
Appeals made in constitutional cases

C
Adjudication of disputes between the Union and States

D
Adjudication of disputes between the states

Solution

The Supreme Court is primarily a court of appeal and hears appeals against the judgment of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
(1) Appeals in constitutional matters
(2)Appeals in civil matters
(3)Appeals in criminal matters
(4) Appeals by special leave
Question 10
1 / -0

The rights enforced by civil proceedings are _____.

A
Civil and Revenue

B
Primary and Remedial

C
Both of the above

D
None of the above

Solution

Primary Rights is referred to the right to be free from any unlawful conduct.
These rights give rise to Remedial Right which means the right of a person to get a remedy for breach of his primary rights.
For e.g. A person has his right of reputation, The right not to be defamed is his primary right, while the right to get compensation from one who has defamed him, is remedial right.
A civil proceeding arises when there is a breach of primary right and the aim of these proceedings is to provide adequate compensation to the person whose rights are breached.

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 37

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 37

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Question 1

the Government of India and state or States

the Government of India and one State on one side and one or more States on the other side

two States

a citizen and a State.

Solution

Question 2

The original jurisdiction of the Supreme Court is unlimited

A dispute between one State and another can only be dealt with by the Supreme Court

The Supreme Court must admit appeal from any judgment or order made by any Court

All courts including the Supreme Court are bound by the Supreme Court decision

Solution

Question 3

where he has appointed the arbitrator

where he has participated in the appointment of the arbitrator

both (a) and (b)

neither (a) nor (b)

Solution

Question 4

General law

Special law

General and Special law

None of the above

Question 5

The Supreme Court

The Election Commission

The Parliament

The Supreme Court as well as High Courts

Solution

Question 6

original jurisdiction

advisory jurisdiction

appellate jurisdiction

none of the above

Solution

Question 7

Justice Khanna

Dr. B.M. Rao

K.M. Munshi

A. Krishna Iyer.

Question 8

The decision appealed against the judgment, decree or final order of a High Court in the territory of India

Such judgment, decree a final order should be given in civil proceeding

A certificate of High Court is needed and decided by the High Court

None of the above

Solution

Question 9

Appeals made in civil, criminal and constitutional cases

Appeals made in constitutional cases

Adjudication of disputes between the Union and States

Adjudication of disputes between the states

Solution

Question 10

Civil and Revenue

Primary and Remedial

Both of the above

None of the above

Solution

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