Judiciary Flashcards
1
Q
how many judges are there in supreme court?
A
34 including CJI
There are currently 33 judges (including the Chief Justice of India) against a maximum possible strength of 34.
2
Q
the age of retirement of SC Judge is?
A
65 years
3
Q
Who is CJI with the longest tenure?
A
Y.V. Chandrachud
4
Q
CJI with the shortest tenure?
A
K.N. Singh
5
Q
Can a retired SC judge practice law in any court of India?
A
No, most SC judges work in review committees after retirement
6
Q
Which article authorize CJI to request a retired Judge to join Supreme Court?
A
Article 128
7
Q
Which article provides that law declared by SC is binding on all courts?
A
Article141
8
Q
A collegium system is …..?
A
A process to appoint SC Judges and High Court Judges
9
Q
Which article, the SC may grant special leave to appeal from the judgment, decree, determination, sentence or order?
A
Article 136
Article 136, stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction ( whether the case is pending in some court, decided or whatever) can approach the Supreme Court under SLP. And if SC finds substance in the SLP then it can hear and dispose of the case.
For example, if a scientist has found that diesel engines are emitting poisonous gas and he has filed a case in HC but then HC does not see any point in the petition and the case is such that no appeal can be filed to SC. Under this circumstance, a person can file SLP ( though the case is pending in HC or HC has dismissed the petition) and if the supreme court sees a point in SLP then it can take the case in its own hand and can do the complete justice.
10
Q
SC’s advisory jurisdiction is provided under which article?
A
Article 143
11
Q
The Concept of PIL popular in India originated in
A
America
12
Q
Who is known as Green Judge?
A
Justice Kuldip Singh
13
Q
Which article empowers SC to determine disputes between the Union of India and states?
A
Article 131
14
Q
Oldest High Court in India is?
A
Calcutta High Court
15
Q
Electoral Disputes arising out of President and Vice-President Elections are settled by?
A
Supreme Court
16
Q
The council of Ministers in India remains in office as long as it enjoys the confidence of the?
A
The House of People (Lok Sabha)
17
Q
What is the principle of ‘res judicata’?
A
a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.
18
Q
Petitions to the SC under Article 32 are subject to the rule of ‘Res Judicata’ except petitions for…
A
Habeas Corpus
19
Q
The official language of SC is
A
English
20
Q
who is the first law officer of India?
A
Attorney-General of India
21
Q
Every Chief Justice of High Court will be appointed by President in consultation of?
A
CJI and Governor
22
Q
The Judge of High court will address his resignation to whom?
A
President
23
Q
The President shall appoint a person who is qualified to be appointed as judge of ______to be the Attorney General for India
A
Supreme Court
24
Q
Power of SC to decide the dispute between Centre and State falls under
A
Original Jurisdiction
In common law legal systems, the original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court’s decision.
25
What is Appellate Jurisdiction of SC?
Appellate jurisdiction refers to the power of a higher court to review and revise a lower court's decision. Most appellate courts simply review the lower court's decision to determine whether the lower court made any errors in applying the law.
26
When does SC appoint ad hoc judges?
When the requisite number of judges are not available to hold the meeting of the court
27
Under which article, the law stated by SC become the law of land?
Article 141
Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India
28
A judge of High Court retires at?
62 years of age
29
the minimum number of judges for setting up a constitution Bench?
5 Judges
Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India or "for the purpose of hearing any reference" made by the President of India under Article 143[1]. This provision has been mandated by Article 145 (3) of the Constitution of India.[2][3] The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.[4]
Constitution benches[5] have decided many of India’s best-known and most important Supreme Court cases, such as A. K. Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala (basic structure doctrine) and Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.[3]
30
The judges of the special courts are selected from?
any court in the concerned state
31
Which of freedoms is not specifically mentioned in the constitution as a fundamental right but has been subsequently upheld the SC as such?
Freedom of Press
32
Judicial Review means?
Power of courts to examine the constitutionality of legislation and executive acts
33
A retired judge of High Court can practice in?
in the Supreme Court and Other high Courts.
34
Ashok Mehta Committee's main work was?
enquiring into the causes responsible for the poor performance of Panchayat Raj Institutions
35
In which case SC held that Judicial Review is a basic feature of the Constitution and cannot be excluded even by constitutional amendment?
Indira Nehru Gandhi Case
36
The case of Roman Catholic Priest, John Vallamattom v. Union of India, AIR 2003 SC 2902 relates to
enactment of Uniform Civil Code
37
In which case SC held that Fundamental Rights and DPSP are complementary to each other and there is no need to sacrifice one for another?
Minerva Mill's case
38
Who is the custodian of fundamental rights embodied in the Constitution of India?
Supreme Court
39
By which High Court the first Model e-court in the country was launched?
Delhi High Court
40
Autre Fois Acquit means and relates which?
a defendant's plea stating that he or she has already been tried for and acquitted of the same offense
Double Jeopardy
41
Which case of SC lead to the Parliament of India to enact 'The Muslim Women (Protection of Rights on Divorce Act, 1986?
Mohd Ahmed Khan v. Shah Bano Begum, 1985
42
In which cases the SC held that "wife under section 125 of Cr. P.C. includes divorced Muslim Woman so long as she has not remarried"?
Mohd Ahmed Khan v. Shah Bano Begum, 1985
43
The application of monthly allowance for interim maintenance and expenses under section 125 of the Criminal Procedure Code shall be disposed of
Within 60 days from date of service of notice
44
When a Muslim husband and wife mutually consent to a divorce, it is known as
Khula & Mubaraat
45
Who or what is 'Coparceners'?
Joint heirs to a property
46
Any two persons, irrespective of religion, can solemnize a marriage, commonly known as civil marriage under
Special Marriage Act, 1954 states
47
what is 'Trousseau'?
the clothes, linen, and other belongings collected by a bride for her marriage.
48
Husband and wife have a right to each other's company. This right is called
Conjugal right.
49
A & B jointly owe C ₹1000. A pays C the due sum. B not knowing A has paid, also pays C ₹1000. C is obliged to return the money under
a) Contract
b) Quasi-Contract
c) Trust
d) Double Jeopardy
b) Quasi-Contract
A quasi-contract is a fictional contract recognized by a court.
an obligation of one party to another imposed by law independently of an agreement between the parties.
50
What is a Contingent Contract?
A contingent contract is an if-then agreement that states which actions under certain conditions will result in specific outcomes. Contingent contracts usually occur when negotiating parties fail to reach an agreement.
51
What is a Wagering Contract?
A wagering agreement is one where two parties bet on an uncertain event, which is the subject matter of the agreement.
A contingent contract and a wagering agreement are both dependent on the happening of a future event.
In a wagering agreement, the parties to the agreement do not have any interest in the event except winning or losing the amount of wager. In a contingent contract, parties have other interests as well.
All wagering agreements are contingent agreements; however, the vice versa is not true.
52
A, B, & C jointly promised to repay ₹90000 to D. But before the C dies. Hence the contract
is voidable at the option of 'A' and B
53
Undue Influence v.s. Coercion in Contract Law?
The act of threatening a person in order to induce him to enter into an agreement is known as coercion. ... Coercion involves physical force, whereas Undue Influence involves mental pressure
54
Consensus ad idem
Meeting of the minds is a phrase in contract law used to describe the intentions of the parties forming the contract.
55
agreement vs contract
An agreement is any understanding or arrangement reached between two or more parties.
A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law.
56
India Contract Act was enacted in the year
1872
57
Libel vs Slander
Libel is a written or published defamatory statement, while slander is defamation that is spoken by the defendant.
58
In Criminal Case damages are awarded.
| This statement is true or false?
False, in Criminal case, the damages, are not awarded
59
What is the battery?
the infliction of unlawful personal violence on another person, even where the contact does no physical harm.
For example, an actor who sets his dog upon another individual causing injury is guilty of battery.
playing a joke on a person, where the "punchline" involves offensive contact. performing surgery on the wrong area of a person's body. throwing an object that strikes a person,
60
What is Mayhem?
HISTORICAL•LAW
| the crime of maliciously injuring or maiming someone, originally so as to render them defenseless.
61
What is strict liability?
Under the strict liability rule, the law makes people pay compensation for damages even if they are not at fault. In other words, people have to pay compensation to victims even if they took all the necessary precautions
ex-Selling Alcohol to Minors. A person who sells alcohol to a minor can be convicted even if they had a belief that the person was old enough to buy alcohol.
62
Res Ipsa Loquitor means?
Facts speak for themselves
63
Ubi jus ibi remedium means
In law there is remedy for every wrong
64
In law, a man is presumed to be dead if he is not heard of as alive for ___years
7 years
65
Any child born after_______days of divorce is considered to be the legitimate child of the latter husband
280 days
66
Who is known as 'approver'?
An approver is a person who confesses a crime and accuses another.
An accomplice to a felony who confesses his or her guilt and gives evidence against his or her confederates is an approver.
An approver is also called a probator.
67
Cruelty to a woman by husband or relative of the husband is defined under
Section 498A of IPC
68
What is the indictment?
What is Indemnity?
indictment- A written accusation of a crime
Indemnity- Exemption from the penalty
69
What is Embezzlement?
theft or misappropriation of funds placed in one's trust or belonging to one's employer.
70
Section 195A of IPC relates to
Threatening any person to give false evidence
71
In which section of IPC the offense of assault is codified
Section 351
72
What are treason and treachery?
treason is the crime of betraying one's own country while treachery is deliberate, often calculated, disregard for trust or faith
73
What is Affray? Section 159
Affray is defined as “When two or more persons by fighting in a public place, disturb the public peace, they are said to commit an affray.” The punishment for committing affray is imprisonment for up to one month or fine up to one hundred rupees or both
74
What is Arson? Section 435 and Section 436 of the Indian Penal Code, 1860.
the criminal act of deliberately setting fire to property.
75
Who is Prosecutrix?
A female prosecutor. A female victim of a crime on whose behalf the state is prosecuting a suspect.
76
Which section of IPC punishes Murder? Which define murder?
Section 302 punishes
Section 300 Defines
77
doli capax means?
deemed capable of forming the intent to commit a crime or tort, especially by reason of age (ten years old or older).
78
What is doli incapax?
Children below the age of ten are not deemed criminally responsible in the legal system of England and Wales
79
Ignorantia juris nemineam exusat means
Ignorance of Law is no excuse
80
Which article was referred by Delhi HC to hold that Lt. Governor is the administrative Head of the NCT?
Article 239 and 239A
81
The SC has the power to grant Special Leave to Appeal against the orders of the lower courts and tribunals under
Article 136
See it is a very simple concept. Once you are not satisfied by the judgment by the court you appeal to the higher court.Right.And as by considering SC, when the HC gives its judgment and one of the party wish to appeal but as given under Art.134A of the Constitution that before appealing to the SC you have to take the permission from the HC for that and in case you do not get it then you apply for SLP i.e. Special Leave Petition under Art.136 of the Indian Constitution only if the matter is of utmost importance, it will be accepted by the SC and your case will be heard in the court of law. This is the general idea of this concept.
I would like to add that you can apply under special leave petition otherwise also from any court a lower court, high court, but the condition is that the question in appeal should be a substantial question of law.
82
Which article of Constitution gives to the High Court control over the subordinate courts of the concerned state?
Article 235
83
The salaries and allowances of the Judges of HC are charged to the
Consolidated Fund of State
84
Which court has territorial jurisdiction over Andaman and Nicobar Islands?
Calcutta High court
85
The power of judicial review of SC is not to review the
the earlier judgment of SC
86
In which case it was held that SC's decision is binding on all courts but SC itself is not bound by its own decisions?
Bengal Immunity Co. Ltd. v. the State of Bihar
87
In which case the prisoners are entitled to rights under Article 14 (equality), 19(freedom of speech) and 21(remedies)?
Sunil Batra's Case
88
The right to free legal aid relates to which case?
M.H. Hoskot's Case
89
Ban on smoking in public places relates to which case?
Murli S. Deora's Case
90
Protection against illegal arrest was raised in which case?
Joginder Kumar's case
91
Right to the shelter was raised in which case?
Chameli Singh's case
92
Who is attributor for the introduction of PIL in HC and SC
Justice P.N. Bhagwati
93
The most PIL petitioner is
Common Cause- a registered society founded by H.D. Shourie
94
Which union territories have high courts of their own?
Delhi and J&K
95
Can SC refuse to give advice despite being asked by the President under article 143?
Yes
96
Minimum Number of Judges which can give an advisory opinion to the president is
5
97
SC sits in New Delhi, but it can sit elsewhere if
if Parliament enacts a special Law or amends the constitution
98
Where can A retired Judge of SC practice?
Nowhere, because an SC judge has influence in all courts. Thus it would lead to impartiality
99
Impeachment of Judges is provided under_____
Article 124(4)
100
Interpretation of Statues falls under which jurisdiction of SC?
Appellate Jurisdiction
101
First woman CJ of High Court?
Leila Seth,
the first woman to become Judge in Delhi HC
and CJ in Himachal Pradesh HC
102
Which SC judge was unsuccessfully sought to be impeached?
Justice Ramaswami
103
How many judges are there is SC?
33 judges (including the Chief Justice of India) against a maximum possible strength of 34
104
To which article 'curative petition' owes its origin?
Which articles say that the decision of SC is binding on all court but not on itself?
Article 142,
is of inherent power in nature. It stipulates that SC has all power to do complete justice. The curative petition, owe its origin to this article, as decided in Ashok hurra vs Rupa hurra case.
A curative petition is a way to ask the court to review and revise their own decision even after a review petition is dismissed or used. But, the court has been very cautious in the use of such a petition
105
. Under which article the Chief Justice of the High Court’s are transferred?
Article 222 of the constitution of India
Explanation:
On October 30, 2019 the union law ministry announced the transfer of 3 high court Chief Justices(CJs)
under article 222 of the constitution of India.
106
The Bombay High Court has held that sending of abusive messages on the personal account of __________ will not amount to the utterance of obscene words in a public place so as to invoke section 294 of the IPC.
WhatsApp
107
The centre has notified Protection of Children from Sexual Offences Rules, 2020 which shall replace the earlier 2012 Rules. Under the set of new rules, the compensation to the victim has to be paid by the government within __ days. ]
- 27
- 28
- 29
- 30
30 Days
Centre notifies new POCSO rules making law for sexual offenses against children more stringent
The Union government has notified the Protection of Children from Sexual Offences Rules, 2020 which enables the implementation of recent amendments to the Act under which provisions of punishment for child abuse has been made more stringent
108
Which of the following High Courts has become the first High Court in the country to have an all-women full bench adjudicate a case?
- Rajasthan High Court
- Telangana High Court
- Madras High Court
- Bombay High Court
Madras High Court
The correct answer is (c). Ahead of the International Women's Day on March 8, a Full Bench comprising only women judges have been constituted in Madras High Court to hear a case pertaining to the application of the ESI Act, on aided and unaided educational institutions.
109
State of Madras v. Champakam Dorairajan relates to
Court ruled that caste-based reservations as per Communal Award violate Article 15(1) of the constitution
Led to the introduction of the First Amendment of the constitution, which invalidated the judgment.
110
M. R. Balaji v. State of Mysore
| AIR 1963 SC 649[4] relates to:
Ruling; The government's 68% reservation on college admissions was deemed excessive and unreasonable and was capped at 50%
Lead to:
Almost all states except Tamil Nadu (69%, under 9th schedule) and Rajasthan (68% quota including 14% for forwarding castes) have observed this 50% limit. Tamil Nadu exceeded the limit in 1980. Andhra Pradesh tried to exceed the limit in 2005, which was postponed by the high court
111
Indira Sawhney & Others v. Union of India
| AIR 1993 SC 477[
Ruling; The constitution recognized social and educational backwardness, but not economic backwardness. The court upheld separate reservation for OBC in central government jobs, but excluded these to the "creamy layer" (the forward section of a backward class, above a certain income).[8][unreliable source?][9] At no point should the reservation exceed 50%.[10]
112
Post-Graduate Institute of Medical Education and Research, Chandigarh v. Faculty Association
AIR 1998 SC 1767 relates to
When considering a single post, no reservation can be made (as it would amount to 100% reservation).[
113
Ashok Kumar Gupta: Vidyasagar Gupta v. State of Uttar Pradesh
1997 (5) SCC 201 lead to which amendment
77th Constitution amendment (Art 16(4 A) & (16 4B) introduced to invalidate judgement
114
M. Nagraj & Others v. Union of India and Others.
| AIR 2007 SC 71 related to;
Upheld the constitutionality of the 77th amendment.
also
Upheld the constitutionality of the 85th amendment.
The 85th constitutional amendment added consequential seniority to Art 16 (4)(A
115
S. Vinodkumar v. Union of India
| 1996 6 SCC 580 relates to:
Ruling: It is not permissible to relax standards of evaluation in matters of reservation in promotion
Led to
By the Constitution (82nd) Amendment Act a proviso was inserted at the end of Art 335.
M. Nagraj & Others v. Union of India and Others (AIR 2007 SC 71) held the amendments constitutional.
116
I. R. Coelho (deceased) by LRS. v. State of Tamil Nadu
| 2007 (2) SCC 1: 2007 AIR(SC) 861
Ruling: Supreme court advised Tamil Nadu to follow 50% reservation limit
Lead to:
Tamil Nadu Reservations were put under the 9th Schedule of the constitution, which had already been upheld by the court.
117
```
P. A. Inamdar v. the State of Maharashtra
2005 AIR(SC) 3226
```
Ruling: Reservations cannot be enforced on private educational institutions that do not receive government funding.
Made Invalid by:
The 93rd constitutional amendment introduced Art 15(5).
118
The salaries of judges and their age of retirement are all guaranteed in order to secure their independence. They cannot be easily removed except by way of impeachment under Articles_________
Articles 124(4) and 217(1)(b).
119
A bare reading of Article______ of the Constitution only envisages the President to nominate “persons having special knowledge… in literature, science, art and social service” as members to the Rajya Sabha.
Article 80(3)
120
The concept of Curative petition was evolved by the Supreme Court of India in the matter of _________________________ where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after dismissal of a review petition.
Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002)
121
The hanging method is long drop, the method devised by _______in Britain.
William Marwood
122
To which article review petition/ curative petition does owe its origin?
Article 137
Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice.
123
___________________ of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before it. ... The apex court has in the past used the Constitutional provision in cases between Jaypee and homebuyers, in a marriage case, Bhopal gas tragedy and others
Article 142
124
general clauses act define
An Act for shortening the language used in Laws in force in the State and for other purposes. 1. Short title, extent and commencement. ––(1) This Act may be called the General Clauses Act, 1977.
purpose of this Act is to place in one single Statute different provisions as regards interpretation of words and legal principles which would otherwise have to be specified separately in many different Acts and regulations. Act is to avoid superfluity of language in statutes wherever it is possible to do so.
125
under which article the Parliament can reorganize the state
IMP FOR J&K REORGANISATION
Article 3
extends to increasing or diminishing the area of any State and altering the boundaries or name of any State.
126
what is the plenary power of parliament
plenary power is a power that has been granted to a body or person in absolute terms, with no review of or limitations upon the exercise of that power
127
India is indestructible union with destructible UNITS was said in which case?
Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, & Ors.2007
128
what is the case name of Triple talaq?
Shayara Bano v. Union of India & Others
129
_______________________ passed on 26 July 2019 after a very long discussion and opposition finally got the verdict (the Indian Supreme Court judgement of August 2017 described below) to all women. It made triple talaq illegal in India on 1 August 2019, replacing the triple talaq ordinance promulgated in February 2019
The Muslim Women (Protection of Rights on Marriage) Act, 2019
130
triple talaq (talaq-e-biddah) in any form – spoken, written, or by electronic means such as email or SMS – is illegal and void, with up to __________years in jail for the husband.
Under the new law, an aggrieved woman is _________to demand maintenance for her dependent children.
three years in jail for the husband.
Under the new law, an aggrieved woman is entitled to demand maintenance for her dependent children.
131
Under which sections of IPC sedition is charged?
Sedition, which falls under Section 124A of the Indian Penal Code, is defined as any action that brings or attempts to bring hatred or contempt towards the government of India and has been illegal in India since 1870
153 A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony)
132
A photocopy shop owner, tries to sell the fake form by circulating it on WhatsApp asking migrant workers living in Gandhi Nagar sub-division to fill it up so that they can go back to Bihar during the lockdown period.
Under which section of IPC the shopkeeper will be charged?
Section 188 (Disobedience to order duly promulgated by public servant) of the IPC
133
under which section Tahir Hussain (AAP Councillor) is charged?
Tahir Hussain has been booked under sections 365 (kidnapping), 302 (murder), 201 (disappearance of evidence or giving false information) of the Indian Penal Code (IPC) in the case of alleged murder of the IB official
