Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 38

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 38

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Weekly Quiz Competition

Question 1
1 / -0

Supreme Court of India is different from federal court in USA ______.

A
in its role of guardian of the Constitution

B
in its advisory role

C
in its role supreme authority in judicial field in the country

D
in its writ jurisdiction.

Solution

Difference between Indian Supreme court and the American Supreme Court:
(1)The federal court of America does not have advisory jurisdiction but the Supreme Court of India has advisory jurisdiction.
(2) The original jurisdiction of the Indian Supreme court covers only federal cases but the original jurisdiction of the American Supreme court covers not only federal cases but also cases related to the naval forces, maritime activities, ambassadors, etc.
(3) Appellate jurisdiction of the Indian supreme court covers constitutional, criminal and civil cases but appellate jurisdiction of the American Supreme court covers only constitutional cases.
(4)The jurisdictions and powers of the Indian Supreme court can be enlarged by the Parliament but the jurisdictions and the power of the American Supreme Court are limited to that conferred by the constitution.
Question 2
1 / -0

The power of judicial review in India is enjoyed by ________________.

A
by the Supreme Court alone

B
by all court

C
by the Supreme court as well as High Courts

D
by no Courts

Solution

Indian constitution gives the power of judicial review to the Supreme court and High Courts.
Judicial review is a process by which the Supreme Court/ High Court can check then the legality of any law passed by the Parliament/ state legislature.
If Parliament/ state legislature passes any law that is against the constitution, then the Supreme court/ high court can declare that law as unconstitutional.
The power of judicial review is provided by the constitution to the Supreme Court under article 32 and article 136 and to the High court under article 226 and article 227.
Question 3
1 / -0

The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: ignorantia juris non excusat and ingnorantia facit excusat.
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th Nov. 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest- of the aircraft.

A
George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.

B
George cannot be prosecuted because it is mistake of fact which is excusable.

C
George's will be prosecuted because mistake of law is not excusable.

D
George liability would depend on the discretion of the court

Solution

George will be prosecuted because mistake of law is not excusable .
An mistake including the misconception or off base use of law concerning a demonstration or exchange. The protection of mix-up of law raises two issues. The primary issue happens where, on account of a misstep of law, the litigant didn't have the imperative aim to commite a wrongdoing.
Question 4
1 / -0

Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual executive of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
In general, an employer is not liable for the torts(wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed and directions; and ultimately due to high speed an accident took place causing injuries to a person.

A
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver

B
Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant

C
Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving

D
Ramesh would not be liable as car was not owned by him

Solution

Ramesh would be held liable as he paid booked the cab , now the whole authority was of Ramesh , he wanted the driver to drive car fast . This leads to the accident . Driver was the servant at that time of Ramesh , and it was his duty to follow his master's order . Hence , Ramesh will be held liable for the damages .
Question 5
1 / -0

___________ High Court in India on 2nd April 2014 restored the power of the Reserve Bank of India to decide the period after which the bad loan can be called as a Non-Performing Asset (NPA)?

A
AP

B
Tamil Nadu

C
Gujarat

D
Assam
Question 6
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Directions For Questions

Consists of legal proposition(s) principle(s) (herein after referred to as 'principle') and facts. Such principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles those are given herein below for every question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to testy your interest towards study of law, research aptitude and problem solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Therefore, to answer a question, principle is to be applied to the given facts and to choose the most appropriate option.

...view full instructions

Principle: Penal laws provide that whoever voluntarily has carnal intercourse
against the order of nature with any man or woman, shall be punished for rape.
Facts: A Police Officer found a man engaged in carnal intercourse with an animal. The
Police Officer arrested the man and produced him before the Court.

A
Court will punish the police officer.

B
Court will not punish the man for rape.

C
Court will punish the man for rape.

D
Court will not punish the police officer.

Solution

Court will not punish the man for rape . Section 377 of IPC , deals with carnal intercourse . In the present case , no punishment will be there because intercourse happened to an animal and not with human . But , now animals are also stimulated in this category and in the present rule no intercourse with anyone is taken to a point .
Question 7
1 / -0

How many types of writs can be issued by the Supreme Court?

A
2

B
3

C
5

D
6

Solution

The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:

Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo-Warranto
Question 8
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The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.

A
He cannot be prosecuted because it would amount to double jeopardy.

B
He can be prosecuted because confiscation of good by custom authorities does not amount to prosecution by the Court.

C
Maqbool ought to have known that he can be stopped by the custom authorities.

D
None of the above.

Solution

It's clearly mentioned in Article 20 of the Indian constitution that no person will be prosecuted twice for the same offence. Now, Maqbool is caught by Airport custom, the legal proceedings will be held by Custom authority of airport and not any other court. Double jeopardy is a procedural safeguard that keeps a blamed individual from being attempted again on the equivalent charges following a substantial conviction.
Hence, B is the correct option.
Question 9
1 / -0

The members of Statutory Arbitral Tribunals are appointed by __________.

A
parties themselves

B
state

C
centre

D
None of the above

Solution

Apart from the courts in India, there are various quasi-judicial bodies for dispute resolution created by a statute and are commonly known as statutory tribunals Tribunals are established as per appropriate statutory provisions and are observed as an alternative medium to the conventional judicial bodies for the redressal of grievances and settling disputes. A tribunal shall consist of a chairman and such number of vice-chairman and another member as may be provided for. The President appoints them in case of central tribunals and the Governor in case of the state tribunals.
Question 10
1 / -0

Which is incorrect statement?

A
'Court' means principal Civil Court of original jurisdiction in a district

B
'Court' also includes any court of a grade inferior to principal Civil Court or any Small Causes Court

C
'Court' also includes High Court in exercise of its ordinary original civil jurisdiction

D
None of the above

Solution

Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes.

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 38

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 38

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SHARING IS CARING

Question 1

in its role of guardian of the Constitution

in its advisory role

in its role supreme authority in judicial field in the country

in its writ jurisdiction.

Solution

Question 2

by the Supreme Court alone

by all court

by the Supreme court as well as High Courts

by no Courts

Solution

Question 3

George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.

George cannot be prosecuted because it is mistake of fact which is excusable.

George's will be prosecuted because mistake of law is not excusable.

George liability would depend on the discretion of the court

Solution

Question 4

Ramesh would be held liable for damages as he exercised the control by giving directions to the driver

Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant

Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving

Ramesh would not be liable as car was not owned by him

Solution

Question 5

AP

Tamil Nadu

Gujarat

Assam

Question 6

Court will punish the police officer.

Court will not punish the man for rape.

Court will punish the man for rape.

Court will not punish the police officer.

Solution

Question 7

2

3

5

6

Solution

Question 8

He cannot be prosecuted because it would amount to double jeopardy.

He can be prosecuted because confiscation of good by custom authorities does not amount to prosecution by the Court.

Maqbool ought to have known that he can be stopped by the custom authorities.

None of the above.

Solution

Question 9

parties themselves

state

centre

None of the above

Solution

Question 10

'Court' means principal Civil Court of original jurisdiction in a district

'Court' also includes any court of a grade inferior to principal Civil Court or any Small Causes Court

'Court' also includes High Court in exercise of its ordinary original civil jurisdiction

None of the above

Solution

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