Judiciary Flashcards
how many judges are there in supreme court?
34 including CJI
There are currently 33 judges (including the Chief Justice of India) against a maximum possible strength of 34.
the age of retirement of SC Judge is?
65 years
Who is CJI with the longest tenure?
Y.V. Chandrachud
CJI with the shortest tenure?
K.N. Singh
Can a retired SC judge practice law in any court of India?
No, most SC judges work in review committees after retirement
Which article authorize CJI to request a retired Judge to join Supreme Court?
Article 128
Which article provides that law declared by SC is binding on all courts?
Article141
A collegium system is …..?
A process to appoint SC Judges and High Court Judges
Which article, the SC may grant special leave to appeal from the judgment, decree, determination, sentence or order?
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.
SC’s advisory jurisdiction is provided under which article?
Article 143
The Concept of PIL popular in India originated in
America
Who is known as Green Judge?
Justice Kuldip Singh
Which article empowers SC to determine disputes between the Union of India and states?
Article 131
Oldest High Court in India is?
Calcutta High Court
Electoral Disputes arising out of President and Vice-President Elections are settled by?
Supreme Court
The council of Ministers in India remains in office as long as it enjoys the confidence of the?
The House of People (Lok Sabha)
What is the principle of ‘res judicata’?
a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties.
Petitions to the SC under Article 32 are subject to the rule of ‘Res Judicata’ except petitions for…
Habeas Corpus
The official language of SC is
English
who is the first law officer of India?
Attorney-General of India
Every Chief Justice of High Court will be appointed by President in consultation of?
CJI and Governor
The Judge of High court will address his resignation to whom?
President
The President shall appoint a person who is qualified to be appointed as judge of ______to be the Attorney General for India
Supreme Court
Power of SC to decide the dispute between Centre and State falls under
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.
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.
When does SC appoint ad hoc judges?
When the requisite number of judges are not available to hold the meeting of the court
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
A judge of High Court retires at?
62 years of age
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]
The judges of the special courts are selected from?
any court in the concerned state
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
Judicial Review means?
Power of courts to examine the constitutionality of legislation and executive acts
A retired judge of High Court can practice in?
in the Supreme Court and Other high Courts.
Ashok Mehta Committee’s main work was?
enquiring into the causes responsible for the poor performance of Panchayat Raj Institutions
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
The case of Roman Catholic Priest, John Vallamattom v. Union of India, AIR 2003 SC 2902 relates to
enactment of Uniform Civil Code
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
Who is the custodian of fundamental rights embodied in the Constitution of India?
Supreme Court
By which High Court the first Model e-court in the country was launched?
Delhi High Court
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
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
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
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
When a Muslim husband and wife mutually consent to a divorce, it is known as
Khula & Mubaraat
Who or what is ‘Coparceners’?
Joint heirs to a property
Any two persons, irrespective of religion, can solemnize a marriage, commonly known as civil marriage under
Special Marriage Act, 1954 states
what is ‘Trousseau’?
the clothes, linen, and other belongings collected by a bride for her marriage.
Husband and wife have a right to each other’s company. This right is called
Conjugal right.
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.
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.
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.
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
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