CLAT PG Mock Test 2

The Delhi High Court took note that there exists a conflict of opinion in the Hon’ble Supreme Court in regard to the matter that if High Court can quash an offence under Section 307 of IPC while exercising its power under section 482 Cr. P.C. 

In the year 2014, the Hon’ble Supreme Court initially stated in its judgment in the case of State of Rajasthan v. Shambhu Kewat that, ‘an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes’. But, in the same year after observing the judgment in Shambhu Kewat case the Supreme Court quashed a proceeding under section 307 IPC in the case of Narinder Singh v. State of Punjab. The conflict called for the matter to be referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan. The Supreme Court resolved the conflict and observed that, ’Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as a crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves’.

1. Which of the following is true with reference to the quantum of punishment under Section 307 of IPC?

The Delhi High Court took note that there exists a conflict of opinion in the Hon’ble Supreme Court in regard to the matter that if High Court can quash an offence under Section 307 of IPC while exercising its power under section 482 Cr. P.C. 

In the year 2014, the Hon’ble Supreme Court initially stated in its judgment in the case of State of Rajasthan v. Shambhu Kewat that, ‘an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes’. But, in the same year after observing the judgment in Shambhu Kewat case the Supreme Court quashed a proceeding under section 307 IPC in the case of Narinder Singh v. State of Punjab. The conflict called for the matter to be referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan. The Supreme Court resolved the conflict and observed that, ’Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as a crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves’.

2. XYZ, the person has sufficient food but does not provide some food to a beggar who dies of hunger. XYZ is guilty of…

The Delhi High Court took note that there exists a conflict of opinion in the Hon’ble Supreme Court in regard to the matter that if High Court can quash an offence under Section 307 of IPC while exercising its power under section 482 Cr. P.C. 

In the year 2014, the Hon’ble Supreme Court initially stated in its judgment in the case of State of Rajasthan v. Shambhu Kewat that, ‘an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes’. But, in the same year after observing the judgment in Shambhu Kewat case the Supreme Court quashed a proceeding under section 307 IPC in the case of Narinder Singh v. State of Punjab. The conflict called for the matter to be referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan. The Supreme Court resolved the conflict and observed that, ’Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as a crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves’.

3. In which of the following cases did the Supreme Court of India strike down Section 303 IPC as unconstitutional?

The Delhi High Court took note that there exists a conflict of opinion in the Hon’ble Supreme Court in regard to the matter that if High Court can quash an offence under Section 307 of IPC while exercising its power under section 482 Cr. P.C. 

In the year 2014, the Hon’ble Supreme Court initially stated in its judgment in the case of State of Rajasthan v. Shambhu Kewat that, ‘an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes’. But, in the same year after observing the judgment in Shambhu Kewat case the Supreme Court quashed a proceeding under section 307 IPC in the case of Narinder Singh v. State of Punjab. The conflict called for the matter to be referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan. The Supreme Court resolved the conflict and observed that, ’Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as a crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves’.

4. In which of the following cases did the Supreme Court observe that offence under Section 307 of the IPC can’t be quashed, even when there is any settlement between the complainant and the accused, as it is a non-Compoundable offence.

The Delhi High Court took note that there exists a conflict of opinion in the Hon’ble Supreme Court in regard to the matter that if High Court can quash an offence under Section 307 of IPC while exercising its power under section 482 Cr. P.C. 

In the year 2014, the Hon’ble Supreme Court initially stated in its judgment in the case of State of Rajasthan v. Shambhu Kewat that, ‘an offence under Section 307 IPC is a serious offence and ordinarily should not be quashed by the High Court while exercising its powers under Section 482 Cr.P.C on the ground that the parties have settled their disputes’. But, in the same year after observing the judgment in Shambhu Kewat case the Supreme Court quashed a proceeding under section 307 IPC in the case of Narinder Singh v. State of Punjab. The conflict called for the matter to be referred to a larger bench of Supreme Court in State of M.P. v. Laxmi Narayan. The Supreme Court resolved the conflict and observed that, ’Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as a crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves’.

5. Instigates Y to murder Z. Y in pursuance of the instigation stabs Z who recovers from the wound. Which one of the following statement is correct?

The apex court analysis the survey of philosophical and literary writings, citing Voltaire, Camus, and Simone de Beauvoir among many others, to establish the value of freed speech in a democratic society. In particular, it recalled that the right to freedom of expression requires extending protections to speech we may despise, as “[t]his principle is at the heart of democracy, a basic human right, and its protection is a mark of a civilized and tolerant society.” It further elaborated that there are moral arguments to defend free speech based on its intrinsic value as well as instrumental arguments based on its benefits for the individual, social and economic development.  [para. 13] Citing John Stuart Mill, the Court noted that restrictions to freedom of expression can only be justified if they are to prevent harm to others.   It relied on Dworkin’s concept of democracy to establish that the participation of minorities and the presentation of unconventional views are necessary for public debate. Satire, it noted, is a powerful form of artistic expression able to quickly reveal the “absurdities, hypocrisies, and contradictions” in life which is protected, except in instances where it could marginalize or disenfranchise groups.

Which of the following judgements relating to ‘Right to Freedom of Judgements relating to ‘Right to Freedom of Speech and expression’ is the following excerpt taken from”

The apex court analysis the survey of philosophical and literary writings, citing Voltaire, Camus, and Simone de Beauvoir among many others, to establish the value of freed speech in a democratic society. In particular, it recalled that the right to freedom of expression requires extending protections to speech we may despise, as “[t]his principle is at the heart of democracy, a basic human right, and its protection is a mark of a civilized and tolerant society.” It further elaborated that there are moral arguments to defend free speech based on its intrinsic value as well as instrumental arguments based on its benefits for the individual, social and economic development.  [para. 13] Citing John Stuart Mill, the Court noted that restrictions to freedom of expression can only be justified if they are to prevent harm to others.   It relied on Dworkin’s concept of democracy to establish that the participation of minorities and the presentation of unconventional views are necessary for public debate. Satire, it noted, is a powerful form of artistic expression able to quickly reveal the “absurdities, hypocrisies, and contradictions” in life which is protected, except in instances where it could marginalize or disenfranchise groups.

Consider the following statements and choose the one which is incorrect. 

The apex court analysis the survey of philosophical and literary writings, citing Voltaire, Camus, and Simone de Beauvoir among many others, to establish the value of freed speech in a democratic society. In particular, it recalled that the right to freedom of expression requires extending protections to speech we may despise, as “[t]his principle is at the heart of democracy, a basic human right, and its protection is a mark of a civilized and tolerant society.” It further elaborated that there are moral arguments to defend free speech based on its intrinsic value as well as instrumental arguments based on its benefits for the individual, social and economic development.  [para. 13] Citing John Stuart Mill, the Court noted that restrictions to freedom of expression can only be justified if they are to prevent harm to others.   It relied on Dworkin’s concept of democracy to establish that the participation of minorities and the presentation of unconventional views are necessary for public debate. Satire, it noted, is a powerful form of artistic expression able to quickly reveal the “absurdities, hypocrisies, and contradictions” in life which is protected, except in instances where it could marginalize or disenfranchise groups.

“Freedom of speech and of the press lay at the foundation of all Democratic organisation, for without free political discussion no public education, so essential for the proper functioning of the process of popular government is possible”. This was stated in which case?

“An Advertisement of Commercial Nature is not protected Under article 191(a)” . This was held in which case?

. “A transgender has freedom to express one’ chosen gender identity through varied ways and means by way of expression, speech, mannerism etc” . This was held in which case ?

According to Section 6 of the Hindu Minority and Guardians Act, 1956 the natural guardian of the minor can’t act in regard of minor’s unified interest in joint family property. This restriction is not applicable if the property is held to be not joint family property. When there is a partition or a dissolution of property and the members of the family are giving away their shares to the Karta of the family, then the Karta cannot act as natural guardian of the minor. Where the minor’s shares are taken by the Karta. In such an event there would be conflict of interest. So, in such a case the mother can act as natural guardian so therefore, the Will passed by the mother can be held as a valid document and cannot be held as void document. If the Karta acts on his own interest holding the capacity of a natural guardian, it may lead to future conflicts. Hence in such cases, the mother of the minor can act as a guardian, with the intention to avoid future conflicts.

A coparcener takes a specified and fixed share on the death of his ancestor. The property shall be evolved by succession. Each coparcener is in possession of the entire property even if he has no actual possession. No one can claim any exclusive possession of property unless agreed upon by coparceners. After 2005 women are allowed to be a coparcener no matter whether she be a minor. The natural guardian of a minor, is also the guardian of the minor’s property. The guardian can act on behalf half of the minor in terms of property. This case commentary presents one such case law.

In which of the following recent judgements, the Supreme Court discussed the principles of succession as per Hindu Succession Act 1956

In which of the following cases can a natural guardian of a minor Hindu in a HUF can’t act like a guardian?

According to Section 6 of the Hindu Minority and Guardians Act, 1956 the natural guardian of the minor can’t act in regard of minor’s unified interest in joint family property. This restriction is not applicable if the property is held to be not joint family property. When there is a partition or a dissolution of property and the members of the family are giving away their shares to the Karta of the family, then the Karta cannot act as natural guardian of the minor. Where the minor’s shares are taken by the Karta. In such an event there would be conflict of interest. So, in such a case the mother can act as natural guardian so therefore, the Will passed by the mother can be held as a valid document and cannot be held as void document. If the Karta acts on his own interest holding the capacity of a natural guardian, it may lead to future conflicts. Hence in such cases, the mother of the minor can act as a guardian, with the intention to avoid future conflicts.

A coparcener takes a specified and fixed share on the death of his ancestor. The property shall be evolved by succession. Each coparcener is in possession of the entire property even if he has no actual possession. No one can claim any exclusive possession of property unless agreed upon by coparceners. After 2005 women are allowed to be a coparcener no matter whether she be a minor. The natural guardian of a minor, is also the guardian of the minor’s property. The guardian can act on behalf half of the minor in terms of property. This case commentary presents one such case law.

Which of the section of Hindu Succession Act, 1956 determines the manner of devolution of property in the case of males?

Mitakshra Hindu Joint Family consist…

Mitakshara is a commentary by

According to Section 6 of the Hindu Minority and Guardians Act, 1956 the natural guardian of the minor can’t act in regard of minor’s unified interest in joint family property. This restriction is not applicable if the property is held to be not joint family property. When there is a partition or a dissolution of property and the members of the family are giving away their shares to the Karta of the family, then the Karta cannot act as natural guardian of the minor. Where the minor’s shares are taken by the Karta. In such an event there would be conflict of interest. So, in such a case the mother can act as natural guardian so therefore, the Will passed by the mother can be held as a valid document and cannot be held as void document. If the Karta acts on his own interest holding the capacity of a natural guardian, it may lead to future conflicts. Hence in such cases, the mother of the minor can act as a guardian, with the intention to avoid future conflicts.

A coparcener takes a specified and fixed share on the death of his ancestor. The property shall be evolved by succession. Each coparcener is in possession of the entire property even if he has no actual possession. No one can claim any exclusive possession of property unless agreed upon by coparceners. After 2005 women are allowed to be a coparcener no matter whether she be a minor. The natural guardian of a minor, is also the guardian of the minor’s property. The guardian can act on behalf half of the minor in terms of property. This case commentary presents one such case law.

Which of the following persons does The Hindu Succession Act, 1956, not govern?

How many categories are there of Heirs as per Section 8 of The Hindu Succession Act, 1956?

As per section 14 of the Hindu Succession Act, 1956 any property possessed by a female Hindu, whether acquired by her before or after the commencement of this Act, shall be held as a

Under Hindu Succession Act, 1956 which one of the following is not a class I heir?

Stridhana is…

The employees who availed the benefit of pension under the scheme, indeed their rights stood vested and accrued to them and any amendment to the contrary, which has been made with retrospective operation to take away the right accrued to the retired employee under the existing rule certainly is not only violative of Article 14 but also of Article 21 of the Constitution.

Explaining the distinction between the legitimate expectation and a vested/accrued right in favour of the employees, the Court observed that the rule which classifies such employee for promotional, seniority, age of retirement purposes undoubtedly operates on those who entered service before framing of the rules but it operates in futuro. In a sense, it governs the future right of seniority, promotion or age of retirement of those who are already in service.

The Court also explained by way of the following example,

“If a person while entering into service, has a legitimate expectation that as per the then existing scheme of rules, he may be considered for promotion after certain years of qualifying service or with the age of retirement which is being prescribed under the scheme of rules but at a later stage, if there is any amendment made either in the scheme of promotion or the age of superannuation, it may alter other conditions of service such scheme of rules operates in futuro.  But at the same time, if the employee who had already been promoted or fixed in a particular pay scale, if that is being taken away by the impugned scheme of rules retrospectively, that certainly will take away the vested/accrued right of the incumbent which may not be permissible and may be violative of Article 14 and 16 of the Constitution.”

In which case apex court held that an amendment having a retrospective operation which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employees from his vested or accrued rights and that being so, it would be held to be violative of the rights guaranteed under Arts 14 and 16 of the Constitution?

Which of the following statements is not true regarding the doctrine of legitimate expectation which is enshrined under Art 14?

In which of the following cases Supreme Court elaborated on the doctrine of legitimate expectations?

Which of the following is FALSE statement?

A V Dicey criticized which legal system?

Police should not abuse sex workers verbally or physically; should treat them with dignity and laid down the guidelines for the police and media.

any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Code of Criminal Procedure, 1973 read with “Guidelines and Protocols: Medico-legal care for survivor/victims of sexual violence”, Ministry of Health and Family Welfare (March, 2014).

– The State Governments may be directed to do a survey of all ITPA Protective Homes so that cases of adult women, who are detained against their will can be reviewed and processed for release in a time-bound manner.

– It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognised. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.

– The Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities. Besides, 2013 IPC amendment which makes voyeurism a criminal offence, should be strictly enforced against electronic media, in order to prohibit telecasting photos of sex workers with their clients in the garb of capturing the rescue operation;

26. The above guidelines in Supreme Court in?

Which of the section deals with the immediate medical assistance to a survivor of sexual assault?

Which of the section put restrictions on the disclosure of rape victims’ identity and punishable?

Police should not abuse sex workers verbally or physically; should treat them with dignity and laid down the guidelines for the police and media.

any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance, in accordance with Code of Criminal Procedure, 1973 read with “Guidelines and Protocols: Medico-legal care for survivor/victims of sexual violence”, Ministry of Health and Family Welfare (March, 2014).

– The State Governments may be directed to do a survey of all ITPA Protective Homes so that cases of adult women, who are detained against their will can be reviewed and processed for release in a time-bound manner.

– It has been noticed that the attitude of the police to sex workers is often brutal and violent. It is as if they are a class whose rights are not recognised. The police and other law enforcement agencies should be sensitised to the rights of sex workers who also enjoy all basic human rights and other rights guaranteed in the Constitution to all citizens. Police should treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.

– The Press Council of India should be urged to issue appropriate guidelines for the media to take utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities. Besides, 2013 IPC amendment which makes voyeurism a criminal offence, should be strictly enforced against electronic media, in order to prohibit telecasting photos of sex workers with their clients in the garb of capturing the rescue operation;

In India pre-natal sex determination of an unborn child is legally

According to the immoral traffic (prevention) act of 1956, which of the following is not a punishable offence

According to the immoral traffic (prevention) act of 1956, on first offence, what is the punishment for allowing your premises to be used for prostitution

Under immoral traffic (prevention) act 1956, a trafficking police officer can

The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), was adopted by the United Nations General Assembly in

In India, which is a comprehensive anti-discrimination law addressing all aspects of direct and indirect discrimination against women?

Can any person with information about a sexual harassment incident file a complaint to the Complaints Committee?

Judicial Service- Discharge of Judicial Officer – Negligence cannot be treated to be misconduct – Relief-oriented judicial approaches cannot by themselves be grounds to cast aspersions on the honesty and integrity of an officer- Every judicial officer is likely to commit mistake of some kind or the other in passing orders in the initial stage of his service, which a mature judicial officer would not do. However, if the orders are passed without there being any corrupt motive, the same should be over-looked by the High Court and proper guidance should be provided to him.

In which case Supreme Court said “Disciplinary Action Against Judicial Officer For Merely Passing A Wrong Order; Mere Negligence Not Misconduct”

Judicial Service- Discharge of Judicial Officer – Negligence cannot be treated to be misconduct – Relief-oriented judicial approaches cannot by themselves be grounds to cast aspersions on the honesty and integrity of an officer- Every judicial officer is likely to commit mistake of some kind or the other in passing orders in the initial stage of his service, which a mature judicial officer would not do. However, if the orders are passed without there being any corrupt motive, the same should be over-looked by the High Court and proper guidance should be provided to him.

Which article of Indian constitution protects the judicial officer

Judicial Service- Discharge of Judicial Officer – Negligence cannot be treated to be misconduct – Relief-oriented judicial approaches cannot by themselves be grounds to cast aspersions on the honesty and integrity of an officer- Every judicial officer is likely to commit mistake of some kind or the other in passing orders in the initial stage of his service, which a mature judicial officer would not do. However, if the orders are passed without there being any corrupt motive, the same should be over-looked by the High Court and proper guidance should be provided to him.

Which of the following is NOT a type of bias

Match List-I with List-II and select the correct answer using the codes given below:

List – I List – II

I- Law declared by the Supreme Court to be binding on all courts- (a) Article 141

II- Advisory jurisdiction of Supreme Court- (b) Article 143

III- Power of Supreme Court to review its own judgement- (c) Article 137

IV- Appeal by Special Leave (d) Article 136

Codes:

I II III IV

Constitutional law is concerned with the organization and functions of government at rest, while administrative law, is concerned with that organization and those functions in motion-” This statement was given by

In which of the following Judgments, the Supreme Court explained the effect of 42nd Amendment on protection available to civil servants under Article 311 of the Constitution of India, 1950?

Which of the Article deal with the appointment of Additional District Judge?

Judicial Service- Discharge of Judicial Officer – Negligence cannot be treated to be misconduct – Relief-oriented judicial approaches cannot by themselves be grounds to cast aspersions on the honesty and integrity of an officer- Every judicial officer is likely to commit mistake of some kind or the other in passing orders in the initial stage of his service, which a mature judicial officer would not do. However, if the orders are passed without there being any corrupt motive, the same should be over-looked by the High Court and proper guidance should be provided to him.

In which of the following case Supreme Court observed that “once an enquiry is initiated on charges of misconduct and if services are terminated without following the provisions of Article 311(2) of the Constitution, then the said termination is illegal.”

“Public servant” as defined under Prevention of Corruption Act, 1988 means?

Under Section 3 of Prevention of Corruption Act, 1988 Central Government or the State Government has powers to appoint as many special Judges to try the following offences?

In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender, the bench comprising Justices DY Chandrachud and Surya Kant said.

Before the Apex Court, it was contended that the appellant was twenty years old on the date of offence and has now undergone 11 years of imprisonment. Hence, it was requested that the quantum of sentence which has been imposed should be suitably modified to such an extent as the Court deems appropriate having regard to the need for reformation of the appellant. The State opposed this plea contending that as the victim was assaulted on the head after the alleged act, the sentence of life imprisonment should meet the ends of justice.

Appellant convicted under Section 376,363,366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years’ imprisonment – Appellant has undergone actual imprisonment for a period of 11 years as on date – The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years’ imprisonment.

Recently in which case Supreme Court observed “Severity of Sentence Is Not the Only Determinant for Doing Justice to Victims”

In our view, the ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years’ imprisonment. We are not inclined to uphold the argument of the respondent-state that only the sentence of life imprisonment would meet the ends of justice. The principles of restorative justice find place within the Indian Constitution and severity of sentence is not the only determinant for doing justice to the victims.

In which of the following cases was the above observation made?

How many types of punishment have been prescribed under the Indian Penal Code:

In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender, the bench comprising Justices DY Chandrachud and Surya Kant said.

Before the Apex Court, it was contended that the appellant was twenty years old on the date of offence and has now undergone 11 years of imprisonment. Hence, it was requested that the quantum of sentence which has been imposed should be suitably modified to such an extent as the Court deems appropriate having regard to the need for reformation of the appellant. The State opposed this plea contending that as the victim was assaulted on the head after the alleged act, the sentence of life imprisonment should meet the ends of justice.

Appellant convicted under Section 376,363,366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years’ imprisonment – Appellant has undergone actual imprisonment for a period of 11 years as on date – The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years’ imprisonment.

Who defined crime as the intentional Act in violation of the criminal law committed without any defense or excuse and penalized by the state

Who is considered as the father of Criminology?

Which theory emphazises on the physiology of the criminals?

In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender, the bench comprising Justices DY Chandrachud and Surya Kant said.

Before the Apex Court, it was contended that the appellant was twenty years old on the date of offence and has now undergone 11 years of imprisonment. Hence, it was requested that the quantum of sentence which has been imposed should be suitably modified to such an extent as the Court deems appropriate having regard to the need for reformation of the appellant. The State opposed this plea contending that as the victim was assaulted on the head after the alleged act, the sentence of life imprisonment should meet the ends of justice.

Appellant convicted under Section 376,363,366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years’ imprisonment – Appellant has undergone actual imprisonment for a period of 11 years as on date – The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years’ imprisonment.

Theory of Pain and Pleasure was propounded by ——-

In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender, the bench comprising Justices DY Chandrachud and Surya Kant said.

Before the Apex Court, it was contended that the appellant was twenty years old on the date of offence and has now undergone 11 years of imprisonment. Hence, it was requested that the quantum of sentence which has been imposed should be suitably modified to such an extent as the Court deems appropriate having regard to the need for reformation of the appellant. The State opposed this plea contending that as the victim was assaulted on the head after the alleged act, the sentence of life imprisonment should meet the ends of justice.

Appellant convicted under Section 376,363,366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years’ imprisonment – Appellant has undergone actual imprisonment for a period of 11 years as on date – The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years’ imprisonment.

Who was the Chairperson of the ‘Committee on Women Prisoners 1986-87”?

Among the following which one is a victimless offence?

Which of the following cases is not related to common intention and joint liability

The underlying rationale of the reservation policy that seeks to remedy the structural barriers that disadvantaged groups face in advancing in society. Reservation is one of the measures that is employed to overcome these barriers. The individual difference may be a result of privilege, fortune, or circumstances but it cannot be used to negate the role of reservation in remedying the structural disadvantage that certain groups suffer.

Special provisions (like reservation) enable disadvantaged classes to overcome the barriers they face in effectively competing with forward classes and thus ensuring substantive equality. The privileges that accrue to forward classes are not limited to having access to quality schooling and access to tutorials and coaching centres to prepare for a competitive examination but also includes their social networks and cultural capital (communication skills, accent, books or academic accomplishments) that they inherit from their family. The cultural capital ensures that a child is trained unconsciously by the familial environment to take up higher education or high posts commensurate with their family‘s standing. This works to the disadvantage of individuals who are first-generation learners and come from communities whose traditional occupations do not result in the transmission of necessary skills required to perform well in open examinations. They have to put in surplus effort to compete with their peers from the forward communities.

“While examinations are a necessary and convenient method of distributing educational opportunities, marks may not always be the best gauge of individual merit. Even then marks are often used as a proxy for merit. Individual calibre transcends performance in an examination. Standardized measures such as examination results are not the most accurate assessment of the qualitative difference between candidates.”

In which of the following case Supreme Court observed that “Merit” is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a gift of talents that the society currently values aids in one‘s advancement.”

Presently under AIQ scheme, 15% UG seats and 50% PG seats in state-run institutions are filled by AIQ i.e. on merit by conducting open competition. The remaining 85% seats in UG and 50% seats in PG courses are reserved for candidates domiciled in the respective States. Reservation for SC and ST candidates was permissible in AIQ seats. In which of the following case supreme court upheld this?

Which of the provision of the constitution Not provided a general principle of equality?

The Supreme Court observed the “conditions and circumstances that stand in the way of their equal access to the enjoyment of basic rights or claims”. Which Article provides substantive equality under the Constitution?

In which of the following case Supreme Court held that where it was held that reservation based on domicile/residence is constitutionally valid but did not hold that reservation in AIQ seats, is impermissible and held that domicile free seats shall be provided in state-run medical and dental institutions.

“I would like to be remembered as a person who wanted to be free and wanted other people to be also free.” This famous quote by Rosa Parks presents the true value of the Right to liberty, and it would not be wrong to say that the framers of the Indian Constitution also understood the value of this right and the fact could be confirmed by the presence of the Right to Freedom (Article 19 to 22) in the Indian Constitution. 

The appellant was roped in a FIR which was filed seven years ago and he was granted interim protection until the filing of the police report. The appellant joined the investigation and the charge sheet was ready to be filed.

Section 170  of the (CrPC) which provides that, if after investigation the officer in charge is of the opinion that there are reasonable grounds to believe that the accused has committed the crime then the accused is to be forwarded to the Magistrate who is empowered to take cognizance for trial upon a police report from such officer.

The right to liberty has been placed at a very high pedestal by the Indian Constitution and it shall not be tinkered with unless it’s indispensable, the importance of the same has been highlighted by Hon’ble Supreme Court in Nandini Satpathy v. P.L. Dani where it pointed at creating a balance between the needs of law enforcement. According to the Court, the protection of an individual from injustice and oppression has been a perennial problem and with time the pendulum seems to have swung in the favour of law enforcement.

In which of the following cases did the Supreme Court has observed that merely because an arrest can be made because it is lawful does not mandate that arrest must be made?

“I would like to be remembered as a person who wanted to be free and wanted other people to be also free.” This famous quote by Rosa Parks presents the true value of the Right to liberty, and it would not be wrong to say that the framers of the Indian Constitution also understood the value of this right and the fact could be confirmed by the presence of the Right to Freedom (Article 19 to 22) in the Indian Constitution. 

The appellant was roped in a FIR which was filed seven years ago and he was granted interim protection until the filing of the police report. The appellant joined the investigation and the charge sheet was ready to be filed.

Section 170  of the (CrPC) which provides that, if after investigation the officer in charge is of the opinion that there are reasonable grounds to believe that the accused has committed the crime then the accused is to be forwarded to the Magistrate who is empowered to take cognizance for trial upon a police report from such officer.

The right to liberty has been placed at a very high pedestal by the Indian Constitution and it shall not be tinkered with unless it’s indispensable, the importance of the same has been highlighted by Hon’ble Supreme Court in Nandini Satpathy v. P.L. Dani where it pointed at creating a balance between the needs of law enforcement. According to the Court, the protection of an individual from injustice and oppression has been a perennial problem and with time the pendulum seems to have swung in the favour of law enforcement.

Identify the correct statement among the following:

Which of the following statements is correct among the following?

“I would like to be remembered as a person who wanted to be free and wanted other people to be also free.” This famous quote by Rosa Parks presents the true value of the Right to liberty, and it would not be wrong to say that the framers of the Indian Constitution also understood the value of this right and the fact could be confirmed by the presence of the Right to Freedom (Article 19 to 22) in the Indian Constitution. 

The appellant was roped in a FIR which was filed seven years ago and he was granted interim protection until the filing of the police report. The appellant joined the investigation and the charge sheet was ready to be filed.

Section 170  of the (CrPC) which provides that, if after investigation the officer in charge is of the opinion that there are reasonable grounds to believe that the accused has committed the crime then the accused is to be forwarded to the Magistrate who is empowered to take cognizance for trial upon a police report from such officer.

The right to liberty has been placed at a very high pedestal by the Indian Constitution and it shall not be tinkered with unless it’s indispensable, the importance of the same has been highlighted by Hon’ble Supreme Court in Nandini Satpathy v. P.L. Dani where it pointed at creating a balance between the needs of law enforcement. According to the Court, the protection of an individual from injustice and oppression has been a perennial problem and with time the pendulum seems to have swung in the favour of law enforcement.

A person who is granted bail under section 436 Cr PC fails to comply with the conditions of time & place of attendance, on a subsequent occasion

In a non-bailable offence triable by a magistrate application for bail under section 437 of Cr PC can be moved before the court of

The three-judge bench of Justices RF Nariman, KM Joseph, and BR Gavai delivered the judgment challenging Gujarat the Central Government’s plea challenging the Gujarat High Court’s 2013 decision striking down the certain provisions of the 97thconstitutional Amendment, while holding that the Parliament cannot enact laws concerning co-operative societies, as it is a state subject. While Justices Nariman and Gavai struck down only part IX B of the amendment, Justice Joseph wrote a dissenting judgment striking down the entire constitutional Amendment. The Constitution (97th Amendment)Act was passed by Parliament in December 2011 and had come into effect from Feb 15th,2012. Mr. Rajendra N. Shah, who is an activist associated with NGO Consumer Protection Analytic Committee [CPAC], in September 2012, filed a Public Interest Litigation before the Gujarat High Court seeking quashing of the Constitution Amendment Act, 2011, as ultra vires the Constitution of India. On 22nd April 2013, the bench of the Gujarat High Court has allowed his writ petition by declaring that the Constitution [97th amendment] Act, 2011, including part IXB containing Articles 243ZH to 243ZT, is ultra vires to the Constitution of India, for not taking recourse to Article 368(2) of the Constitution. Thereafter, the appellant has filed an appeal before the Supreme Court challenging the High Court judgment. The Supreme Court disposed of the appeals filed by the Union of India, and upheld the High Court judgment, except to the extent that it strikes down the entirety of Part IXB of the Constitution of India.

Which of the following cases the Supreme Court has struck down the 97^th Constitutional Amendment to the extent it relates to co-operative Societies?

The three-judge bench of Justices RF Nariman, KM Joseph, and BR Gavai delivered the judgment challenging Gujarat the Central Government’s plea challenging the Gujarat High Court’s 2013 decision striking down the certain provisions of the 97thconstitutional Amendment, while holding that the Parliament cannot enact laws concerning co-operative societies, as it is a state subject. While Justices Nariman and Gavai struck down only part IX B of the amendment, Justice Joseph wrote a dissenting judgment striking down the entire constitutional Amendment. The Constitution (97th Amendment)Act was passed by Parliament in December 2011 and had come into effect from Feb 15th,2012. Mr. Rajendra N. Shah, who is an activist associated with NGO Consumer Protection Analytic Committee [CPAC], in September 2012, filed a Public Interest Litigation before the Gujarat High Court seeking quashing of the Constitution Amendment Act, 2011, as ultra vires the Constitution of India. On 22nd April 2013, the bench of the Gujarat High Court has allowed his writ petition by declaring that the Constitution [97th amendment] Act, 2011, including part IXB containing Articles 243ZH to 243ZT, is ultra vires to the Constitution of India, for not taking recourse to Article 368(2) of the Constitution. Thereafter, the appellant has filed an appeal before the Supreme Court challenging the High Court judgment. The Supreme Court disposed of the appeals filed by the Union of India, and upheld the High Court judgment, except to the extent that it strikes down the entirety of Part IXB of the Constitution of India.

Identify the correct statement from the following

The three-judge bench of Justices RF Nariman, KM Joseph, and BR Gavai delivered the judgment challenging Gujarat the Central Government’s plea challenging the Gujarat High Court’s 2013 decision striking down the certain provisions of the 97thconstitutional Amendment, while holding that the Parliament cannot enact laws concerning co-operative societies, as it is a state subject. While Justices Nariman and Gavai struck down only part IX B of the amendment, Justice Joseph wrote a dissenting judgment striking down the entire constitutional Amendment. The Constitution (97th Amendment)Act was passed by Parliament in December 2011 and had come into effect from Feb 15th,2012. Mr. Rajendra N. Shah, who is an activist associated with NGO Consumer Protection Analytic Committee [CPAC], in September 2012, filed a Public Interest Litigation before the Gujarat High Court seeking quashing of the Constitution Amendment Act, 2011, as ultra vires the Constitution of India. On 22nd April 2013, the bench of the Gujarat High Court has allowed his writ petition by declaring that the Constitution [97th amendment] Act, 2011, including part IXB containing Articles 243ZH to 243ZT, is ultra vires to the Constitution of India, for not taking recourse to Article 368(2) of the Constitution. Thereafter, the appellant has filed an appeal before the Supreme Court challenging the High Court judgment. The Supreme Court disposed of the appeals filed by the Union of India, and upheld the High Court judgment, except to the extent that it strikes down the entirety of Part IXB of the Constitution of India.

Which of the following statements with regards to the power exercised by the Parliament while amending the constitution is true?

Which of the following statements is not true regarding the doctrine of colourable legislation?

The three-judge bench of Justices RF Nariman, KM Joseph, and BR Gavai delivered the judgment challenging Gujarat the Central Government’s plea challenging the Gujarat High Court’s 2013 decision striking down the certain provisions of the 97thconstitutional Amendment, while holding that the Parliament cannot enact laws concerning co-operative societies, as it is a state subject. While Justices Nariman and Gavai struck down only part IX B of the amendment, Justice Joseph wrote a dissenting judgment striking down the entire constitutional Amendment. The Constitution (97th Amendment)Act was passed by Parliament in December 2011 and had come into effect from Feb 15th,2012. Mr. Rajendra N. Shah, who is an activist associated with NGO Consumer Protection Analytic Committee [CPAC], in September 2012, filed a Public Interest Litigation before the Gujarat High Court seeking quashing of the Constitution Amendment Act, 2011, as ultra vires the Constitution of India. On 22nd April 2013, the bench of the Gujarat High Court has allowed his writ petition by declaring that the Constitution [97th amendment] Act, 2011, including part IXB containing Articles 243ZH to 243ZT, is ultra vires to the Constitution of India, for not taking recourse to Article 368(2) of the Constitution. Thereafter, the appellant has filed an appeal before the Supreme Court challenging the High Court judgment. The Supreme Court disposed of the appeals filed by the Union of India, and upheld the High Court judgment, except to the extent that it strikes down the entirety of Part IXB of the Constitution of India.

The enforcement of Directive Principles depends most on?

The law is the product of the people’s life living in a particular society and it is the outcome of a culture of a society.  It embodies the whole history of a nation’s culture and reflecting inner convictions that are rooted in society’s common experience. The Volksgeist gradually drives the law to develop over the course of history. Thus, according to Savigny, a thorough understanding of the history of people/society is necessary for studying the law accurately.

The Concept of ownership which is the Historical School is created and Savigny’s concept of the legal transaction has arisen from observation of actual life and is therefore empirical. We know the individual legal relations which constitute the basis of these concepts; the norms which purport to result from the concept belong, in part, to the existing law. They are universalization of reality; they are not scientific, however, but superficial, and unprofessional, containing a series of quite arbitrary admixtures, like those of the old natural philosophy or of Shelling’s philosophy, by which as well known Savigny and Puchta were influenced.

The basis for Savigny’s concepts is-

The law is the product of the people’s life living in a particular society and it is the outcome of a culture of a society.  It embodies the whole history of a nation’s culture and reflecting inner convictions that are rooted in society’s common experience. The Volksgeist gradually drives the law to develop over the course of history. Thus, according to Savigny, a thorough understanding of the history of people/society is necessary for studying the law accurately.

The Concept of ownership which is the Historical School is created and Savigny’s concept of the legal transaction has arisen from observation of actual life and is therefore empirical. We know the individual legal relations which constitute the basis of these concepts; the norms which purport to result from the concept belong, in part, to the existing law. They are universalization of reality; they are not scientific, however, but superficial, and unprofessional, containing a series of quite arbitrary admixtures, like those of the old natural philosophy or of Shelling’s philosophy, by which as well known Savigny and Puchta were influenced.

Based on the passage, which of the following doesn’t correspond to the qualities of Savigny’s concepts:

Who is called as “Darwinian before Darwin and Sociologist before sociologists”:

Which of the following constitute the basic source of the principles advanced by the Historical School?

The law is the product of the people’s life living in a particular society and it is the outcome of a culture of a society.  It embodies the whole history of a nation’s culture and reflecting inner convictions that are rooted in society’s common experience. The Volksgeist gradually drives the law to develop over the course of history. Thus, according to Savigny, a thorough understanding of the history of people/society is necessary for studying the law accurately.

The Concept of ownership which is the Historical School is created and Savigny’s concept of the legal transaction has arisen from observation of actual life and is therefore empirical. We know the individual legal relations which constitute the basis of these concepts; the norms which purport to result from the concept belong, in part, to the existing law. They are universalization of reality; they are not scientific, however, but superficial, and unprofessional, containing a series of quite arbitrary admixtures, like those of the old natural philosophy or of Shelling’s philosophy, by which as well known Savigny and Puchta were influenced.

Legislation is a …… source of law

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the Hindu Succession Act, 1956, the Hindu widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance.

The Court, in the case at hand, was concerned with the claim of one Bhonri Devi of having become the full owner in respect of the suit property on the ground that she was in settled legal possession of the suit property before and after the commencement of the Act, in lieu of her pre-existing right of maintenance, and such limited ownership right had fructified into full ownership by virtue of Section 14(1) of the 1956 Act

The Supreme Court was of the opinion that the Hindu Women’s Rights to Property Act, 1937 conferred right on Hindu widow to the property of her husband, who died after the commencement of the said Act of 1937 and not prior thereto. Bhonri Devi’s husband Dhannalalji having expired in 1936, the said Act of 1937 would not be applicable to facts of the case. However, prior to the said Act of 1937, the right to maintenance of Hindu widow was recognised in Shastric law.

“There remains no shadow of doubt that a Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity. It is a tangible right against the property, which flows from the spiritual relationship between the husband and the wife.”

The said right was recognised and enjoined by pure Shastric Hindu Law, which existed even before the passing of the 1937 or the 1946 Acts. Those Acts merely gave statutory backing recognising the position as was existing under the Shastric Hindu Law.

“Where a Hindu widow is in possession of the property of her husband or of the husband’s HUF, she has a right to be maintained out of the said property. She is entitled to retain the possession of that property in lieu of her right to maintenance. Section 14(1) and the Explanation thereto envisages liberal construction in favour of the females, with the object of advancing and promoting the socio-economic ends sought to be achieved by the said legislation.”

In which of the following cases, Supreme Court held that the HUF property is presumed for be widow’s maintenance when she has it settled & exclusive possession?

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the Hindu Succession Act, 1956, the Hindu widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance.

The Court, in the case at hand, was concerned with the claim of one Bhonri Devi of having become the full owner in respect of the suit property on the ground that she was in settled legal possession of the suit property before and after the commencement of the Act, in lieu of her pre-existing right of maintenance, and such limited ownership right had fructified into full ownership by virtue of Section 14(1) of the 1956 Act

The Supreme Court was of the opinion that the Hindu Women’s Rights to Property Act, 1937 conferred right on Hindu widow to the property of her husband, who died after the commencement of the said Act of 1937 and not prior thereto. Bhonri Devi’s husband Dhannalalji having expired in 1936, the said Act of 1937 would not be applicable to facts of the case. However, prior to the said Act of 1937, the right to maintenance of Hindu widow was recognised in Shastric law.

“There remains no shadow of doubt that a Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity. It is a tangible right against the property, which flows from the spiritual relationship between the husband and the wife.”

The said right was recognised and enjoined by pure Shastric Hindu Law, which existed even before the passing of the 1937 or the 1946 Acts. Those Acts merely gave statutory backing recognising the position as was existing under the Shastric Hindu Law.

“Where a Hindu widow is in possession of the property of her husband or of the husband’s HUF, she has a right to be maintained out of the said property. She is entitled to retain the possession of that property in lieu of her right to maintenance. Section 14(1) and the Explanation thereto envisages liberal construction in favour of the females, with the object of advancing and promoting the socio-economic ends sought to be achieved by the said legislation.”

Which of the following provision of the Hindu Succession Act states that Property of a Hindu female is her absolute property?

Which of the following judgements can be referred to as the landmark judgement for the words ‘possessed by’ under in Section 14 of HAS 1956?

Supreme Court: The bench of Ajay Rastogi and Bela M. Trivedi*, JJ has held that by virtue of Section 14(1) of the Hindu Succession Act, 1956, the Hindu widow’s limited interest gets automatically enlarged into an absolute right, when such property is possessed by her whether acquired before or after the commencement of 1956 Act in lieu of her right to maintenance.

The Court, in the case at hand, was concerned with the claim of one Bhonri Devi of having become the full owner in respect of the suit property on the ground that she was in settled legal possession of the suit property before and after the commencement of the Act, in lieu of her pre-existing right of maintenance, and such limited ownership right had fructified into full ownership by virtue of Section 14(1) of the 1956 Act

The Supreme Court was of the opinion that the Hindu Women’s Rights to Property Act, 1937 conferred right on Hindu widow to the property of her husband, who died after the commencement of the said Act of 1937 and not prior thereto. Bhonri Devi’s husband Dhannalalji having expired in 1936, the said Act of 1937 would not be applicable to facts of the case. However, prior to the said Act of 1937, the right to maintenance of Hindu widow was recognised in Shastric law.

“There remains no shadow of doubt that a Hindu woman’s right to maintenance was not and is not an empty formality or an illusory claim being conceded as a matter of grace and generosity. It is a tangible right against the property, which flows from the spiritual relationship between the husband and the wife.”

The said right was recognised and enjoined by pure Shastric Hindu Law, which existed even before the passing of the 1937 or the 1946 Acts. Those Acts merely gave statutory backing recognising the position as was existing under the Shastric Hindu Law.

“Where a Hindu widow is in possession of the property of her husband or of the husband’s HUF, she has a right to be maintained out of the said property. She is entitled to retain the possession of that property in lieu of her right to maintenance. Section 14(1) and the Explanation thereto envisages liberal construction in favour of the females, with the object of advancing and promoting the socio-economic ends sought to be achieved by the said legislation.”

Which of the following provisions of Hindu Succession Act 1956 provides, Hindu Widow’s limited interest gets automatically enlarged into an absolute right?

In which of the following cases, the Supreme Court held that “We are not prepared to express any definite opinion on the question whether there can be two Karta of a Joint Hindu Family”.

International Court of Justice (ICJ) is a world court to manage international law and peace and also called as ‘Principle Judicial Organ’ of the International Organization. The statute of ICJ has been adopted from the statute of the Permanent Court of Justice which had been established in 1920.

Under international law, disputes or cases which are legal and submitted to it by States are decided with the consent of the parties to the case. Consent is the fundamental principle of this jurisdiction. A case cannot be held simply because one party files a case i.e., consent of both the parties is necessary and also even the dependent country’s consent is necessary.It refers to a jurisdiction that does not require a judicial proceeding, as the granting letters of administration and receiving the probate of wills gives the assent of the parties for the jurisdiction of the Court in advance.  

When there is a dispute between two parties, they approach the Court to decide upon the case but when the Court has no right to take up the case, is said to be Ad hoc Jurisdiction.

The International Court is a judicial institution that decides cases on the basis of

The Permanent Court of Justice was formed under-

How many members are there in the International Court of Justice?

International Court of Justice (ICJ) is a world court to manage international law and peace and also called as ‘Principle Judicial Organ’ of the International Organization. The statute of ICJ has been adopted from the statute of the Permanent Court of Justice which had been established in 1920.

Under international law, disputes or cases which are legal and submitted to it by States are decided with the consent of the parties to the case. Consent is the fundamental principle of this jurisdiction. A case cannot be held simply because one party files a case i.e., consent of both the parties is necessary and also even the dependent country’s consent is necessary.It refers to a jurisdiction that does not require a judicial proceeding, as the granting letters of administration and receiving the probate of wills gives the assent of the parties for the jurisdiction of the Court in advance.  

When there is a dispute between two parties, they approach the Court to decide upon the case but when the Court has no right to take up the case, is said to be Ad hoc Jurisdiction.

ICJ has the jurisdiction to hear a case when it was filed. Later, this jurisdiction was jeopardized due to subsequent events

Does the court still have the authority to hear that case?

International Court of Justice (ICJ) is a world court to manage international law and peace and also called as ‘Principle Judicial Organ’ of the International Organization. The statute of ICJ has been adopted from the statute of the Permanent Court of Justice which had been established in 1920.

Under international law, disputes or cases which are legal and submitted to it by States are decided with the consent of the parties to the case. Consent is the fundamental principle of this jurisdiction. A case cannot be held simply because one party files a case i.e., consent of both the parties is necessary and also even the dependent country’s consent is necessary.It refers to a jurisdiction that does not require a judicial proceeding, as the granting letters of administration and receiving the probate of wills gives the assent of the parties for the jurisdiction of the Court in advance.  

When there is a dispute between two parties, they approach the Court to decide upon the case but when the Court has no right to take up the case, is said to be Ad hoc Jurisdiction.

In which of the following cases did the ICJ gave 3 criteria to guide the court when choosing between various grounds upon which to accept or reject jurisdiction?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

“Administrative law is a study of pathology of power in a developing society. Accountability of the holders of public power for the ruled is the focal point of this formulation”

Who among the following jurists has given this definition?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

In which case, Chief Justice Ray said that “the Constitution is the rule of law and that no one can rise above the rule of law in the Constitution’?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

Which of the following cases is not related with rule of law?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

Which doctrine of administrative law is a a ‘dilutory’ doctrine because of many exceptions?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

Delegated legislation must be controlled so that it can be properly exercised. What is the control of delegated legislation?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

The test for determining bias is known as

‘Rule of law’ means

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings also?

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the Administrative law is the law relating to administration. It determines the organisation, powers and duties of administrative authorities. It includes law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities. It governs the executive and ensures that the executive treats the public fairly.

Administrative law is a branch of public law. It deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

However, administrative law is not a codified law. It is a judge-made law which evolved over time. Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

When reviewing administrative action, the Courts duty is to confine itself to the question of legality. What is/are the ground(s) for judicial review?

The doctrine of separation of power was formulated by

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railway (“LARSGESS Scheme”) provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. The bench of Justices DY Chandrachud and AS Bopanna.

While referring to the three judge Bench decision in Manjit v. Union of India, 2021 SCC OnLine SC 49, which clearly noted that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS Scheme) provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment, the Supreme Court has quashed the judgment of the Madras High Court issuing a mandamus.

the respondent was found to be medically unfit for the post of trackman under the LARSGESS scheme. The basis of the claim of the respondent originates in the order of the Tribunal dated 1 April 2016. The Tribunal proceeded on the basis that though the respondent was found unfit for the post of Trackman, he was medically fit for any CEE ONE post and posts below. After due consideration, appointment was denied by a letter dated 31 May 2016 on the ground that the ward of an employee can be considered under the LARSGESS scheme only in the lowest recruitment grade of the ‘respective category’ of the employee seeking retirement”, noted the Top Court

In which of the following case did the Supreme Court held that a scheme providing backdoor entry into service violates Article 16?

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railway (“LARSGESS Scheme”) provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. The bench of Justices DY Chandrachud and AS Bopanna.

While referring to the three judge Bench decision in Manjit v. Union of India, 2021 SCC OnLine SC 49, which clearly noted that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS Scheme) provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment, the Supreme Court has quashed the judgment of the Madras High Court issuing a mandamus.

the respondent was found to be medically unfit for the post of trackman under the LARSGESS scheme. The basis of the claim of the respondent originates in the order of the Tribunal dated 1 April 2016. The Tribunal proceeded on the basis that though the respondent was found unfit for the post of Trackman, he was medically fit for any CEE ONE post and posts below. After due consideration, appointment was denied by a letter dated 31 May 2016 on the ground that the ward of an employee can be considered under the LARSGESS scheme only in the lowest recruitment grade of the ‘respective category’ of the employee seeking retirement”, noted the Top Court 

Identify the correct statements amongst the following

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railway (“LARSGESS Scheme”) provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. The bench of Justices DY Chandrachud and AS Bopanna.

While referring to the three judge Bench decision in Manjit v. Union of India, 2021 SCC OnLine SC 49, which clearly noted that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS Scheme) provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment, the Supreme Court has quashed the judgment of the Madras High Court issuing a mandamus.

the respondent was found to be medically unfit for the post of trackman under the LARSGESS scheme. The basis of the claim of the respondent originates in the order of the Tribunal dated 1 April 2016. The Tribunal proceeded on the basis that though the respondent was found unfit for the post of Trackman, he was medically fit for any CEE ONE post and posts below. After due consideration, appointment was denied by a letter dated 31 May 2016 on the ground that the ward of an employee can be considered under the LARSGESS scheme only in the lowest recruitment grade of the ‘respective category’ of the employee seeking retirement”, noted the Top Court

In which of the following cases did the Supreme Court for the first time held in order to grant reservations to SC and ST the State must collect ‘quantifiable date’ the demonstrate their backwardness?

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railway (“LARSGESS Scheme”) provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment. The bench of Justices DY Chandrachud and AS Bopanna.

While referring to the three judge Bench decision in Manjit v. Union of India, 2021 SCC OnLine SC 49, which clearly noted that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS Scheme) provided an avenue for backdoor entry into service and was contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment, the Supreme Court has quashed the judgment of the Madras High Court issuing a mandamus.

the respondent was found to be medically unfit for the post of trackman under the LARSGESS scheme. The basis of the claim of the respondent originates in the order of the Tribunal dated 1 April 2016. The Tribunal proceeded on the basis that though the respondent was found unfit for the post of Trackman, he was medically fit for any CEE ONE post and posts below. After due consideration, appointment was denied by a letter dated 31 May 2016 on the ground that the ward of an employee can be considered under the LARSGESS scheme only in the lowest recruitment grade of the ‘respective category’ of the employee seeking retirement”, noted the Top Court
Clause (4A) of the Article 16 of the Constitution was inserted by

Article 16 of the Indian Constitution, provided for ‘Equality of Opportunity in matters of

Shipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

Select the correct one:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

Convention on the Law os the Sea was signed at Jamaica in:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

According to the “floating island” theory, a “floating island” is:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

Territorial sea of a coastal state is:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

The doctrine of open sea was eloborated by:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

According to article 3 of the 1982 convention on the law of the sea the breadth of the territorial sea is:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

Piracy, according to law of sea convention 1982 is:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

Hot persuit is the principle designed to ensure:

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

International Law Commission was established by the General Assembly in pursuance of which article pf
UN Charter?

hipping and fishing are the main areas of the sea. Depending on human development, there were many cases of the use of technology, and sometimes they attempted to satisfy the needs of human beings. Many other resources and minerals, natural gas, oil, sand and gravel, diamonds, gold and other resources were made from the seabed. With the development of trade in the 20th century and the inexhaustible realization of sea use, the classic principle of “Freedom of the Sea ” was pushed into the background.AW3

Grotius’s concept “Freedom of the Sea” became practically universal in the 20th century due to the global dominance of European navies. National rights and jurisdiction over oceans are limited to certain water belts that stretch from the Country’s coast, usually 3 miles (5.6km), according to Bynkershoek’s “cannon fire” rules. According to the maxim “Mare Liberum” all water outside the Country’s border is considered as the International waters which is free for all countries, but not for anyone.

International Tribunal for the Law of Sea is based in

Unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3] of the Hindu Adoptions & Maintenance Act. 1956. provided she pleads and proves that she is unable to maintain herself. for enforcement of which right her application/suit has to the under Section 20 of Act. Supreme Court observed this in which of the following case’

In which case Supreme Court observed that orders passed under Section 144 Cr.PC. have direct consequence upon fundamental rights. Magistrate is duty bound to balance the rights and restrictions based on principle of proportionality and thereafter apply less intrusive measures’

Supreme Court in which case held that   the property is attached and placed under custodia legis under Section 145 CrPC. it does not amount to change in possession of property.  The Magistrate holds the possession of    on behalf of party who is ultimately found entitled to possession?

No external agency can dictate the course of irnestigation in a criminal case It is within the excusive jurisdiction of the police. Courts canrot supervise investigation. Only in exceptional circumstances superior courts can monitor investigation but that is not the same as supervision. Supreme Court observed this in which of the following case*

In which case supreme court held Court held that a preliminary before registration of First Information Report (FIR) is not required to be mandatorily conducted in all corruption cases