Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 6

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 6

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Weekly Quiz Competition

Question 1
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 2
1 / -0

Lok Adalat is a mechanism for ___________.

A
avoiding litigation

B
dispensing speedy justice

C
reducing speedy justice

D
correcting the administration

Solution

Lok Adalat is one of the modes of Alternative Dispute Resolution. The Lok Adalat Mechanism is available throughout the State through the Legal Services Authorities/Committees for amicable settlement. It is a very effective institution of alternative dispute resolution, where the cases pending in the court of law or at pre-litigation stage are settled amicably. The decision or decree of Lok Adalat is final and binding like a civil court.
Question 3
1 / -0

The term "Restitution" means-

A
Restoration of things to its original state

B
Repairing the thing

C
Compensating the aggrieved party

D
All the three
Question 4
1 / -0

Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: The owner of a land is entitled to the column of air space above the surface ad infinitum. But, the right is restricted to such height as is necessary for the ordinary used and employment of his land, and the structure on it. A had constructed a single-storeyed house on a corner site. He had no intention of building an additional floor. B is neighbour, who ran an internet parlour got a hoarding made, which protruded over A's house at a height of around $$6$$ feet above the terrace. A sues B for trespass.

A
A will succeed since B's act amounts to trespass

B
A will not succeed since he was anyway not planning to build an additional storey

C
A will not succeed since the hoarding is not obstructing him

D
A will not succeed since B has a right to erect a hoarding

Solution

According to the principle, the right is restricted to such height as is necessary for the ordinary use and employment of land law, and the structure on it. In this case the height of $$6 ft$$. only. It will not take sufficient air space and therefore 'A' will not succeed.
Question 5
1 / -0

Moot courts, in law schools, are ___________________________.

A
exercises of law teaching

B
legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court

C
imaginary class room where a student acts as a teacher

D
a debate on a legal problem

Solution

Moot court is an extracurricular activity in law schools where the students are given legal problems and they play a role of a counsel in a mock hearing , preparing and arguing cases.
Question 6
1 / -0

Principle : Law does not penalize for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.

A
'A' is liable for insulting 'B'.

B
'A' is not liable for his act, as it was of trivial nature.

C
'A' is liable for his act, as the file touched B's hand.

D
'A' is liable for his act, as it assaulted 'B'.

Solution

According to the section 95 of the Indian Penal Code nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. The reasonable conclusion drawn A is not liable for his act, as it was of trivial nature.
Question 7
1 / -0

Ombudsman refers to the person _____.

A
who looks into complaint against the corruption at high levels and against the maladministration

B
who is the chief of a gang

C
who is the declined from the court process

D
who is the retired judge

Solution

An ombudsman is a person who acts as a trusted intermediary between either the state, elements of state or an organisation, and some internal or external constituency, while representing not only but mostly the broad scope of constituent interest. A Lokpal is proposed in India. The word is derived from the Sanskrit word 'lok' (people) and 'pala' (protector/caretaker), or "caretaker of people."
Question 8
1 / -0

A. A posteriori 1. From effect of cause
B. A priori 2. From cause to effect
C. Arbitration 3. Mediation

A
A-1, B-2, C-3

B
A-2, B-1, C-3

C
A-3, B-2, C-1

D
None of these

Solution

A-1 , B-2 , C-3.
A posteriori portrays a technique for thinking from given, express perceptions or trials to reach and figure general standards from them. This is likewise called inductive thinking.
A priori from the earlier is a term of rationale used to signify that when one for the most part acknowledged truth is acted to be a reason, another specific impact should essentially follow.
Artibration is a method where a debate is submitted, by understanding of the parties, to at least one judges who settle on a coupling choice on the contest.
Question 9
1 / -0

What does Obiter dictrum mean?

A
A remark in the passing, that is, something said by a judge while giving judgement that was not essential to the decision in the case

B
It is a part of ratio decline of the case and therefore creates binding precedent.

C
These are the valid observations

D
None of the above
Question 10
1 / -0

A person appointed by two parties to settle a dispute is known as ______.

A
Attorney

B
Arbitrator

C
Advocate

D
Solicitor

Solution

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", or "arbitral tribunal"), by whose decision the "award" they agree to be bound. An arbitrator serves as the decision-maker and referee in an arbitration proceeding, much like a judge during a court case.

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 6

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Arbitration, Tribunal Adjudication and Alternate Dispute Resolution Test 6

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SHARING IS CARING

Question 1

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 2

avoiding litigation

dispensing speedy justice

reducing speedy justice

correcting the administration

Solution

Question 3

Restoration of things to its original state

Repairing the thing

Compensating the aggrieved party

All the three

Question 4

A will succeed since B's act amounts to trespass

A will not succeed since he was anyway not planning to build an additional storey

A will not succeed since the hoarding is not obstructing him

A will not succeed since B has a right to erect a hoarding

Solution

Question 5

exercises of law teaching

legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court

imaginary class room where a student acts as a teacher

a debate on a legal problem

Solution

Question 6

'A' is liable for insulting 'B'.

'A' is not liable for his act, as it was of trivial nature.

'A' is liable for his act, as the file touched B's hand.

'A' is liable for his act, as it assaulted 'B'.

Solution

Question 7

who looks into complaint against the corruption at high levels and against the maladministration

who is the chief of a gang

who is the declined from the court process

who is the retired judge

Solution

Question 8

A-1, B-2, C-3

A-2, B-1, C-3

A-3, B-2, C-1

None of these

Solution

Question 9

A remark in the passing, that is, something said by a judge while giving judgement that was not essential to the decision in the case

It is a part of ratio decline of the case and therefore creates binding precedent.

These are the valid observations

None of the above

Question 10

Attorney

Arbitrator

Advocate

Solicitor

Solution

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