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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 40

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 40
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Weekly Quiz Competition
  • Question 1
    1 / -0
    Where is the High Court of Uttranchal situated?
    Solution

    The Uttarakhand State was carved out from erstwhile State of Uttar Pradesh on 09/11/2000. At the time of the creation of the State, the High Court of Uttarakhand was also established on the same day at Nainital. Since that day the High Court is functioning in an old building situated in Mallital Nainital which was known as old Secretariat.

  • Question 2
    1 / -0
    Which type of jurisdiction is enjoyed by the Supreme Court but not the High Court ?
    Solution
    The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968.
  • Question 3
    1 / -0
    Which of the following High Courts has jurisdiction over a Union Territory?
    Solution

    The Calcutta High Court is the oldest High Court in India. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands.

  • Question 4
    1 / -0
    Which state does not have its High Court at the Capital?
    Solution
    High Court of Kerala came into being from 1st November 1956, with its seat at Ernakulam. Under the state re-organisation Act, 1956 Travancore-Cochin State and Malabar were integrated to form the State of Kerala, on 1st November 1956.High Court of Kerala was thus established on that day. Its territorial jurisdiction extends to the entire State of Kerala and the Union Territory of Lakshadweep.
  • Question 5
    1 / -0
    In a criminal case, an appeal lies to the Supreme Court if the High Court 
    I. has convicted the accused and awarded him death sentence.
    II. has on appeal reversed an order for acquittal of an accused and sentenced him to an imprisonment of ten years or more.
    III. has withdrawn for trial before itself any case from a subordinate court and has in such trial convicted the accused and sentenced him to death.
    Solution
    In a criminal case, an appeal lies to the Supreme Court if the High Court :-
    • has convicted the accused and awarded him death sentence.
    • has withdrawn for trial before itself any case from a subordinate court and has in such trial convicted the accused and sentenced him to death.
  • Question 6
    1 / -0
    If offices of both the President and the Vice President become vacant at any time, who will discharge the functions of the President?
    Solution
    The Chief Justice of India will discharge the functions of the President. Under Act No. 16 of 1969, in the event of the occurrence of vacancies in the office of the President and Vice President, by reason in each case of death, registration or removal , or otherwise the Chief Justice of India of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the constitution.
  • Question 7
    1 / -0
    In which year was the High Court first established?
    Solution
    The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish High Courts of Calcutta, Madras and Bombay. The High Courts of Calcutta, Madras and Bombay were established by Indian High Courts Act 1861.
  • Question 8
    1 / -0
    Which of the following, regarding the advisory jurisdiction of the Supreme Court are correct?
    1. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President.
    2. The full bench of the Supreme Court hears any reference made to it under its power of advisory jurisdiction.
    3. The opinion given by the Supreme Court on a reference under advisory jurisdiction is not binding on the government.
    4. Not more than one reference at a time can be made to the Supreme Court under its power of advisory jurisdiction. 
    Solution
    Under Article 143 of the Constitution the President is authorised to seek the opinion of the Supreme Court on the following matters:
    1) Any question of law or fact of public importance
    2) any dispute arising out of any pre constitution treaty, agreement, covenant, agreement etc
    The supreme court may give or refuse to give its opinion in the first case whereas it must give its advisory opinion in the second case. The advice so given is not binding on the President. The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be one half of the total strength of the Supreme Court.
  • Question 9
    1 / -0
    In which of the following cases appeals cannot be lodged with the Supreme Court?
    Solution
    The Constitution of India provides that the Supreme court hears appeals against the judgment of High Court in criminal proceedings if:
    1) the appeal came before the high court and it reversed the order of acquittal (release) of an accused person and sentenced him to death or imprisonment for life or for ten years;
    2) the High court has taken before itself any case from subordinate court and convicted the accused person and sentenced him to death or imprisonment for life or for ten years
    3) the High court certifies that the case is fit for appeal to supreme court.
    Thus in a criminal case if the sentence is awarded by the lower court and the same was confirmed by the High Court, it does make the appellable matter for the Supreme Court.

  • Question 10
    1 / -0

    An AD INTERIM stay means _________.

    Solution
    The Interim order is the order which is passed when the suit is still pending in the court. The Ad Interim means in the meantime or temporary. Ad Interim stay means the temporary order of injunction passed by the court while the suit is still pending. It is granted when the applicant established that there would be irreparable damage without it or as per the Court require.
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