CBSE Questions for Class 11 Commerce Legal Studies Judiciary - Constitutional Civil Criminal Courts And Processes Quiz 13 - MCQExams.com

Under Article 145(3) of Constitution of India minimum number of judges to sit on the Constitution Bench or on Bench which gives its advisory opinion on the reference by the President must be _________________.
  • one half of the total strength of the Supreme Court
  • five
  • three
  • one third of the total strength of the Court.
The Supreme Court has original jurisdiction ____________________.
  • in all inter-State or Union State disputes
  • in all disputes relation to international relations
  • in disputes to which India and foreign States are parties
  • in conflicts between two foreign States.
After which one of the following Supreme Court decisions was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution _______________.
  • Balaji v. State of Mysore
  • State of Madras v. Champakam
  • Devdasan v. Union of India
  • Periakaruppan v. State of Tamil Nadu.
__________ is one which judges must follow whether they approve of it or not.
  • A persuasive precedent
  • A conditionally authoritative precedent
  • (A) or (D)
  • An authoritative precedent
The Supreme Court does not have original jurisdiction regarding a dispute between _________________________.
  • the Government of India and state or States
  • the Government of India and one State on one side and one or more States on the other side
  • two States
  • a citizen and a State.
Which of the following statements is correct.
  • The original jurisdiction of the Supreme Court is unlimited
  • A dispute between one State and another can only be dealt with by the Supreme Court
  • The Supreme Court must admit appeal from any judgment or order made by any Court
  • All courts including the Supreme Court are bound by the Supreme Court decision
In which of the following cases has Supreme Court ruled that the reason have communicated to the Legislature by the Government if the advice of the public Service Commission has not been accepted _________________.
  • Jai Shankar Prasad V. state of Bihar
  • Asha Kail v. State of J & K
  • Jagtar Singh v. Director, CBI
  • H. Mukherjee v. Union of India
The Supreme Court has no original jurisdiction in dispute between ___________________.
  • two or more States
  • the Government of India any state on one side and one more States on the other
  • a State-owned public corporation and Government of India not involving fundamental rights
  • the Government of India and one or more States.
The dispute between the Government of India and one or more States can be heard by Supreme Court under its ________________.
  • original jurisdiction
  • advisory jurisdiction
  • appellate jurisdiction
  • none of the above
Which of the following statements refers to epistolary jurisdiction of the Supreme Court ?
  • Original jurisdiction of the Supreme Court under Article 131 of Constitution
  • Taking cognizance of Public Interest Litigation matters through letters addressed to the court
  • Enforcement of decrees and order of Supreme Court under 142 of Constitution
  • Advisory jurisdiction Under Article 143 of Constitution
Who expressed the view that 'Supreme Court of India has more powers than  any other Supreme Court in any parties of the world' ________________.
  • Justice Khanna
  • Dr. B.M. Rao
  • K.M. Munshi
  • A. Krishna Iyer.
Which is not correct Statement. The Supreme Court __________________.
  • It is a watch-dog of citizen's liberty
  • It interprets the Constitution
  • It protects the Directive Principles of State Policy
  • It settles disputes of the President and Vice - President of India
Which one of the following is directly related to the Appellate jurisdiction of Supreme Court of India.
  • Appeals made in civil, criminal and constitutional cases
  • Appeals made in constitutional cases
  • Adjudication of disputes between the Union and States
  • Adjudication of disputes between the states
The power of judicial review in India is enjoyed by ________________.
  • by the Supreme Court alone
  • by all court
  • by the Supreme court as well as High Courts
  • by no Courts
Supreme Court of India is different from federal court in USA ______.
  • in its role of guardian of the Constitution
  • in its advisory role
  • in its role supreme authority in judicial field in the country
  • in its writ jurisdiction.
A party shall be precluded from raising the question of jurisdiction of arbitral tribunal _____________.
  • where he has appointed the arbitrator
  • where he has participated in the appointment of the arbitrator
  • both (a) and (b)
  • neither (a) nor (b)
Which of the following constitutional authorities can settle the dispute regarding the election of President and Vice President of India.
  • The Supreme Court
  • The Election Commission
  • The Parliament
  • The Supreme Court as well as High Courts
___________  High Court in India on 2nd April 2014 restored the power of the Reserve Bank of India to decide the period after which the bad loan can be called as a Non-Performing Asset (NPA)?
  • AP
  • Tamil Nadu
  • Gujarat
  • Assam
How many types of writs can be issued by the Supreme Court?
  • 2
  • 3
  • 5
  • 6
Indian law of Contracts and Crimes are ______.
  • General law
  • Special law
  • General and Special law
  • None of the above
The members of Statutory Arbitral Tribunals are appointed by __________.
  • parties themselves
  • state
  • centre
  • None of the above
Which is incorrect statement?
  • 'Court' means principal Civil Court of original jurisdiction in a district
  • 'Court' also includes any court of a grade inferior to principal Civil Court or any Small Causes Court
  • 'Court' also includes High Court in exercise of its ordinary original civil jurisdiction
  • None of the above
An appeal shall lie from which of the following orders to the court authorised by law to hear appeals from original decrees of the court passing the order:
  • granting or refusing to grant any measure under section $$9$$
  • setting aside or refusing to set aside on arbitral award under section $$34$$
  • only (a) is correct
  • both (a) and (b) are correct
Which is the incorrect statement:
In case of an appeal of civil cases to the Supreme Court of India the following condition must be fulfilled.
  • The decision appealed against the judgment, decree or final order of a High Court in the territory of India
  • Such judgment, decree a final order should be given in civil proceeding
  • A certificate of High Court is needed and decided by the High Court
  • None of the above
The rights enforced by civil proceedings are _____.
  • Civil and Revenue
  • Primary and Remedial
  • Both of the above
  • None of the above
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: ignorantia juris non excusat and ingnorantia facit excusat.
FACT: George was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the airport at Bombay on 28th Nov. 1962 it was found on search that George carried 34 kgs of gold bars in person and that he had not declared it in the 'Manifest for transit'. On 26th Nov. 1962 Government of India issued a notification and modified its earlier exemption and now it is necessary that, the gold must be declared in the 'Manifest- of the aircraft.
  • George cannot be prosecuted because he had actually no knowledge about the new notification issued only two days ago.
  • George cannot be prosecuted because it is mistake of fact which is excusable.
  • George's will be prosecuted because mistake of law is not excusable.
  • George liability would depend on the discretion of the court
Azim is a member of Mahabali Akhada, and one day, his son purchases an anti-inflammatory medicine from an e-commerce site using his fathers credit card and account but without his fathers knowledge. Has Azim violated the Mahabali Akhadas Anti-Doping Code on Possession of Prohibited Substances?
  • Yes; the purchase was made by Azims son, and Azims personal credit card and account were used.
  • Yes; possession by ones own son will amount to constructive possession.
  • No; Azim did not make the purchase and did not instruct his son to do so either.
  • (a) and (b) above, but not (c).
Principle: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual executive of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
In general, an employer is not liable for the torts(wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed and directions; and ultimately due to high speed an accident took place causing injuries to a person.
  • Ramesh would be held liable for damages as he exercised the control by giving directions to the driver
  • Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant
  • Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving
  • Ramesh would not be liable as car was not owned by him
Principle: Penal laws provide that whoever voluntarily has carnal intercourse
against the order of nature with any man or woman, shall be punished for rape.
Facts: A Police Officer found a man engaged in carnal intercourse with an animal. The
Police Officer arrested the man and produced him before the Court.
  • Court will punish the police officer.
  • Court will not punish the man for rape.
  • Court will punish the man for rape.
  • Court will not punish the police officer.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACT: Maqbool brought some gold into India without making any declaration to Custom department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.
  • He cannot be prosecuted because it would amount to double jeopardy.
  • He can be prosecuted because confiscation of good by custom authorities does not amount to prosecution by the Court.
  • Maqbool ought to have known that he can be stopped by the custom authorities.
  • None of the above.
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