Judiciary Test 3

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Judiciary Test 3

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Weekly Quiz Competition

Question 1
1 / -0

Who has been crowned as the India's first Tribal Queen?

A
Panchami Majhi

B
Rashmirekha Hansdah

C
Tulasi Munda

D
Pallavi Durura

Solution

Pallavi Durua, who belongs to Odisha’s Koraput district, has been crowned as the India’s first “Tribal Queen” at the Adi Rani Kalinga Tribal Queen competition held at Utkal Mandap on June 26, 2018. Panchami Majhi of Titlagarh and Rashmirekha Hansdah of Mayurbhanj were declared as the first and second runners-up of the beauty pageant respectively. The trio will now feature in a short movie on tribal culture, to be produced by a Mumbai-based producer. Besides that, special awards were also given in seven different categories including tribal attire, photogenic face, best skin, best personality, the best presentation of ornaments, the best presentation of own culture and best in talent. The jury included a pool of guests from national and state-level, headed by Padma Shri Tulasi Munda, who is also the ambassador of the event. The prime objective of the event was to promote tribal art and culture.
Question 2
1 / -0

Which Article of the Constitution permits the Supreme Court to review its own judgment or order?

A
Article 139.

B
Article 138.

C
Article 130.

D
Article 137.
Question 3
1 / -0

In which one of the following cases did the Supreme Court declare that the Parliament had no right to amend. the basic structure of the Indian Constitution?

A
Gopalans Case

B
Bank Nationalization Case

C
Golak Nath vs State of Punjab Case

D
Keshavananda Bharatis Case
Question 4
1 / -0

Which one of the following is the most important item of expenditure of the Government of India on revenue account?

A
Defence

B
Subsidies

C
Pensions

D
Interest payments

Solution

A revenue account includes all the revenue receipts also known as current receipts of the government. These receipts include tax revenues and other revenues of the government. Revenue expenditure includes expenses which are not used for the creation of assets or repayment of liabilities. These basically include the current expenses of the government. For example, pensions, giving subsidies, interest payments are instances of revenue expenditure. Out of these, interest payments which include interest payments on government debt-including long-term bonds, long-term loans, and other debt instruments--to domestic and foreign residents, is the most important.
Question 5
1 / -0

Choose the correct answer from the alternatives given.
The court may grant rescission where the contract is:

A
voidable at the option of the plaintiff

B
void

C
unenforceable

D
illegal

Solution

The term “rescission” refers to the undoing, or “unmaking” of a contract between parties. Rescission of a contract may be ordered by a court as an Equitable remedy in a civil lawsuit , and is intended to bring the parties as close to the same position they were in before they entered into the contract as possible.
Rescission of a contract can be done only of a VOIDABLE CONTRACT.
A voidable contract is a valid contract unlike a void, unenforceable or illegal contract. The former one can be affirmed or rejected by the parties. The latter ones however have no value in the eyes of law.
Therefore, Court can order rescission of only voidable contract as the other three have no value in the eyes of law.
Question 6
1 / -0

For the enforcement of fundamental rights, the courts can issue ________________.

A
a notification.

B
a writ.

C
an ordinance.

D
a decree.
Question 7
1 / -0

The Arbitral Tribunal shall rule _______________.

A
at the direction of court

B
on its own discretion

C
at the instruction of parties

D
as per provisions of General Clauses Act, $$1897$$:

Solution

The Arbitral Tribunal is constituted on agreement between the parties but the tribunal has been given power under section $$16$$ of the Act to rule on its own discretion including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail the invalidity of the arbitration clause.
Question 8
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 9
1 / -0

The request for the correction or interpretation of the award by the arbitral Tribunal has to be made by the party:

A
within sixty days

B
within thirty days

C
within ninety days

D
none of the above

Solution

Section 33 of the Act says that if the arbitral tribunal considers the request made by the parties for correction or interpretation of award to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award.
Question 10
1 / -0

Under section $$34$$, misconduct in proceeding means:

A
proceeding ex prlrte without sufficient cause

B
improper rejection of evidence

C
both (a) and (b)

D
only (a)

Solution

As per Section 34 of the Act, grounds for application to set aside the arbitral award has been provided. But there are certain unstated grounds of setting aside the awards such as any misconduct in proceedings of arbitration. Such misconducts in proceedings include any arbitral proceedings is carried on ex-parte i.e. without party or parties without any sufficient cause to the same. Also in case if evidence was rejected in improper manner, it amounts to misconduct of proceedings.

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Re-Attempt Weekly Quiz Competition

Judiciary Test 3

Result

Judiciary Test 3

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Rank

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SHARING IS CARING

Question 1

Panchami Majhi

Rashmirekha Hansdah

Tulasi Munda

Pallavi Durura

Solution

Question 2

Article 139.

Article 138.

Article 130.

Article 137.

Question 3

Gopalans Case

Bank Nationalization Case

Golak Nath vs State of Punjab Case

Keshavananda Bharatis Case

Question 4

Defence

Subsidies

Pensions

Interest payments

Solution

Question 5

voidable at the option of the plaintiff

void

unenforceable

illegal

Solution

Question 6

a notification.

a writ.

an ordinance.

a decree.

Question 7

at the direction of court

on its own discretion

at the instruction of parties

as per provisions of General Clauses Act, $$1897$$:

Solution

Question 8

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 9

within sixty days

within thirty days

within ninety days

none of the above

Solution

Question 10

proceeding ex prlrte without sufficient cause

improper rejection of evidence

both (a) and (b)

only (a)

Solution

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