CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 2 - MCQExams.com

Part III of the Act deals with _____________.
  • Geneva Conventions
  • Conciliation
  • UNCITRAL
  • New York Convention awards
In Conciliation _______________.
  • the parties come to settlement after the award of the conciliator
  • the parties come to a settlement without making of any award by the conciliator
  • the parties come to any settlement only after the agreement of settlement or conciliation is signed in front of the conciliator
  • All of the above
Part III of the Act, shows the importance of _____________.
  • voluntary conciliation
  • involuntary conciliation
  • directive conciliation
  • none of the above
The conciliator is required to be bound by ____________.
  • Principles of natural justice
  • Code of Criminal Procedure, $$1973$$
  • Code of Civil Procedure, $$1908$$
  • Both (A) and (C)
The provisions for the appointment of the conciliator is laid down under _____________.
  • section $$64$$
  • section $$67$$
  • section $$62$$
  • section $$61$$
Conciliation law is adopted on the pattern of _____________.
  • ICADR Rules, $$1996$$
  • Arbitration(Protocol and Convention) Act, $$1937$$
  • UNCITRAL Rules, $$1980$$
  • None of the above
The power and functions of the conciliator has been laid down under ______________.
  • section $$64$$
  • section $$62$$
  • section $$67$$
  • section $$63$$
Conciliation proceedings are incorporated under _____________.
  • section $$61$$ to $$81$$ of Part III of the Act
  • section $$60$$ to $$81$$ of Part III of the Act
  • section $$59$$ to $$86$$ of Part III of the Act
  • none of the above
Section $$61$$ is in pattern of _______________.
  • UNCITRAL Conciliation Rules
  • Arbitration(Protocol and Convention) Act, $$1937$$
  • Geneva Convention
  • none of the above
Section $$64$$, which provides for the procedure for the appointment of the conciliator is enacted on the basis of:
  • Article $$2$$ of UNCITRAL Conciliation Rules
  • Article $$4$$ of UNCITRAL Conciliation Rules
  • Article $$3$$ of UNCITRAL Conciliation Rules
  • None of the above
For the purpose of section $$5$$ of the Arbitration and Conciliation Act, $$1996$$, which among the following statements are true?
  • No Judicial authority shall intervene except where provided in the Act
  • Judicial authority shall intervene
  • Judicial authority shall intervene if Chief Justice of India intends so
  • None of the above
Inability of lawyer to attend arbitral sitting due to illness is ground ___________________.
  • For setting aside the award
  • For adjustment
  • For sending the case of court
  • For reappointment the arbitrator
The Arbitral Tribunal shall issue an order for termination of the arbitral proceedings where:
  • claimant withdraws his claim, unless the respondent objects to the order and the arbitral Tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute
  • the parties agree on the termination of the proceedings
  • arbitral Tribunal finals that the combination of the proceedings has for any other reason become unnecessary or impossible
  • All the above
A written arbitration agreement is authentic if it is contained in ____________________.
  • a document signed by the parties
  • an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement
  • an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other
  • all the options are correct
Section $$63$$ deals with _______________.
  • number of conciliators
  • appointment of conciliators
  • role of conciliators
  • none of the above
Part IV of the Arbitration and Conciliation Act, 1996 deals with ______________
  • Geneva Conventions
  • costs and Expenses
  • supplementary Provisions
  • None of the above
Under section $$41$$, where a party cannot represent himself due to insolvency, he shall be represented by _______________.
  • Official Assignee
  • Arbitrator himself
  • Receiver
  • both (a) and (c)
The Principle of Confidentially' is laid down under:
  • section $$76$$
  • section $$73$$
  • section $$75$$
  • section $$74$$
Section $$30$$ of the Act lays down the provision for:
  • mutual settlement of disputes by parties before the arbitral Tribunal
  • form and content of the interim award
  • termination of the proceedings of an arbitral Tribunal
  • correction and interpretation of an arbitral Tribunal
Section $$81$$ of the Act lays down the provision for _____________.
  • admissibility of evidence in other proceedings
  • role of conciliator in other proceedings
  • power of the High Court to make rules
  • none of the above
Inability of counsel to appear due to illness before arbitrator is a ground covered
  • under section $$30$$ of Arbitration Act, $$1940$$
  • under section $$34(2)$$ of Arbitration and Conciliation Act, $$1996$$
  • under section $$30$$ of the Limitation Act, $$1963$$
  • under section $$31$$ of Arbitration and
Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.
Principle: The owner of a land is entitled to the column of air space above the surface ad infinitum. But, the right is restricted to such height as is necessary for the ordinary used and employment of his land, and the structure on it. A had constructed a single-storeyed house on a corner site. He had no intention of building an additional floor. B is neighbour, who ran an internet parlour got a hoarding made, which protruded over A's house at a height of around $$6$$ feet above the terrace. A sues B for trespass.
  • A will succeed since B's act amounts to trespass
  • A will not succeed since he was anyway not planning to build an additional storey
  • A will not succeed since the hoarding is not obstructing him
  • A will not succeed since B has a right to erect a hoarding
An appeal against the order of 'Adjudicating Authority' shall be filed to the 'Appellate Tribunal' within a period of
  • $$40\ days$$
  • $$45\ days$$
  • $$50\ days$$
  • $$30\ days$$
The term "Restitution" means-
  • Restoration of things to its original state
  • Repairing the thing
  • Compensating the aggrieved party
  • All the three
Grievance procedures are based on the principle of natural justice: 
  • Justice
  • Principle
  • Procedure
  • Commitment
Moot courts, in law schools, are ___________________________.
  • exercises of law teaching
  • legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court
  • imaginary class room where a student acts as a teacher
  • a debate on a legal problem
Principle : Law does not penalize for wrongs which are of trivial nature.
Facts : In the course of a discussion, 'A' threw a file of papers at the table which touched the hands of 'B'.
  • 'A' is liable for insulting 'B'.
  • 'A' is not liable for his act, as it was of trivial nature.
  • 'A' is liable for his act, as the file touched B's hand.
  • 'A' is liable for his act, as it assaulted 'B'.
A. A posteriori                   From effect of cause
B. A priori                         From cause to effect
C. Arbitration                     Mediation
  • A-1, B-2, C-3
  • A-2, B-1, C-3
  • A-3, B-2, C-1
  • None of these
What does Obiter dictrum  mean?
  • A remark in the passing, that is, something said by a judge while giving judgement that was not essential to the decision in the case
  • It is a part of ratio decline of the case and therefore creates binding precedent.
  • These are the valid observations
  • None of the above
Which of the following is related to the institution of Ombudsman (or Lokpal)?
  • It redresses public grievances.
  • It is a creation of the Parliament/State Legislature.
  • It does not come under the Executive's control.
  • All the above.
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