Monthly Quiz – September'23 by barelawindia February 11, 2024 Welcome to your Monthly Quiz - September'23 Name Email Mobile 1. Which of the following is correct? Deselect Answer a. High Court has the power to venture into the merits and demerits of the case at a pre-trial stage b. High Court does not possess the power to venture into the merits and demerits of the case at a pre-trial stage None 2. In which of the following cases, the Supreme Court of India recently reiterated that once the Police officials receive the information pertaining to Cognizable offenses, it is the duty of the Police to file FIR? Deselect Answer Dipakbhai Patel v. State of Gujarat Lalita Kumari v. State of UP Mahesh v. State of TN None 3. Which of the following are correct? Deselect Answer Concurrent sentence shall be applicable only when there is conviction arises out of two different transactions. Concurrent sentence shall be applicable only when there is conviction arises out of only one transaction. Concurrent sentence shall be applicable only when there is conviction arises out of only one transaction. Concurrent sentence shall be applicable only when there is conviction arises out of multiple transactions. None 4. Once the Liquidator has filed an application for dissolution of the corporate debtor after the liquidation process is completed, the adjudicating authority has no option other than the power to pass an order of dissolution Deselect Answer TRUE FALSE None 5. Mr. A has been called by the Magistrate for examination of him as a witness under section 311 of the CrPC. Mr. A fails to provide all relevant facts. Whether section 311 of the code allows the court to recall the Mr. A for re-examination? Deselect Answer Yes, if it is in the Interest of Justice No, the power cannot be used twice None 6. Which of the following cases of the Supreme Court enlisted guidelines for arrest under section 498A of the Indian Penal Code, 1960? Deselect Answer Kamal Nath v. Union of India Arnesh Kumar v. Union of India Union of India v. Arjit Singh None 7. Which of the following are correct relating to concept of Res Judicata? Deselect Answer All the determinations of the court which forms part of the proceedings shall be hit by the Res Judicata Only the fundamental concepts/ observations which are made by the court are hit by the rule of Res Judicata Collateral determinations are hit by the Res Judicata None 8. Which of the following points forms part of the guidelines issued by the SC relating to procedure for arrest when a case is filed under Section 498A of CrPC Deselect Answer Police Officers can directly arrest without following the procedure established under section 41 of the CrPC Failure to comply with the guidelines will attract departmental proceedings against the concerned Police officials. Notice of Appearance needs to be sent to the accused person within 2 weeks from the date of Institution of the case None 9. Which of the following tests is used for determination of caste by the courts of law? Deselect Answer Litmus Test Narco Analysis Test Ossification Test None of the Above None 10. Whether NGT can interfere and exercise its jurisdiction when the matter is covered under the Employees State Insurance act? Deselect Answer Yes No None 11. Deselect Answer None 12. Which of the following sections of the CrPC deals with the power of the Magistrate to hold inquiry after the complaint is made? Deselect Answer Section 201 Section 202 Section 203 Section 204 None 13. A’s accident occured in Bengaluru. But, A is from Mumbai. As per section 166 of the MV Act, 2019, where should the application be filed by A for the purpose of claiming the compensation? Deselect Answer Mumbai Not Mandatory to lodge application for compensation Mandatory to lodge application for compensation None 14. Can an Application be filed by a party for clarification and to evade the recourse of review before the court? Deselect Answer Yes No None 15. Order 21 of the Civil Procedure code deals with execution of decrees and the orders. Garnishee Order has been provided under which of the following rules? Deselect Answer Order 21 Rule 45 Order 21 Rule 46 Order 21 Rule 46A Order 21 Rule 47 None 16. Which of the following laws provides a statutory backing for the double jeopardy as provided under Indian Constitution? Deselect Answer Section 300 of CrPC, 1973 Section 40 of the Indian Penal Code. 1860 Section 26 of the General Clauses act, 1897 All the above None 17. Recently, SC observed that power of the Criminal Court to question the accused does not form a mere formality. The said power has been provided under Deselect Answer Section 313 of CrPC Section 312 of CrPC Section 314 of CrPC Section 315 of CrPC None 18. . In which of the following cases, the Supreme Court held that those who have the professional experience of at least 10 years in the areas of consumer affairs, law, public affairs etc. shall be qualified for the appointment as the president and the members of the state consumer commission? Deselect Answer Secretary, State Consumer Forum v. Mahindra Pvt Ltd. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye Vishnu Choudhary v. Union of India None 19. In which of the following cases, the Supreme Court of India upheld the power of constitutional courts to grant the bail to the accused who is charged under the Unlawful activities Prevention act? Deselect Answer Union of India v. K.A. Najeeb Kaustubh v. State of Maharashtra Mujeeb v. State None 20. Company A and Company B enter into an arbitration agreement with each other. The Parties preferred an arbitral tribunal for the dispute pertaining to the monetary compensation. The Said arbitral tribunal passed an order with a 2:1 ratio. Whether the view of the dissenting arbitrator be taken into consideration if the majority view was set aside by the Court of Law in an appeal? Deselect Answer Yes No None 21. Which of the following is true? Deselect Answer Section 34 of the A&C act, 1999 allows the courts to check the veracity of the Arbitral award passed by the arbitral tribunal. Section 34 does not allow the court to check or modify the arbitral award. Section 33 of the A&C act, 1999 allows the courts to check the veracity of the Arbitral award passed by the arbitral tribunal. None 22. Which of the following sections of the 1940 arbitration act emphasizes the importance of the Jurisdiction of the Courts in discerning whether the arbitral award contains any error apparent on the face of it or not? Deselect Answer Section 31 SEction 32 Section 33 Section 34 None 23. Which of the following sections of the arbitration act of 1999 allows for the Appeal from the Arbitral tribunal before the court of law by the parties? Deselect Answer Section 35 SEction 37 Section 34 None 24. Mr. A and B had entered into a contract for the purchase and selling of goods. They preferred Arbitration as the means for resolving their disputes. Contract was not executed properly between the parties, whereas, One of the parties to the contract filed an application before the court of law for the purpose of appointing the arbitrator after 15 years. Whether such a time period of 15 years delay is considered while appointing the arbitrator under section 11 of the act? Deselect Answer Yes No None 25. Which of the following high Courts held that section 11 of the Arbitration and Conciliation act is limited in examining the frivolous and meritless cases? Deselect Answer Madras Bombay Madhya Pradesh Karnataka None 26. Which of the following courts shall have the power to entertain an application for the removal of the Arbitrator under the Arbitration act? Deselect Answer District court which entertained S.9 application High Court which did not entertain S.9 application Supreme Court of India None 27. Company A and Company B enter into an arbitration agreement with each other. The Parties preferred an arbitral tribunal for the dispute pertaining to the monetary compensation. Company A used its Parent agreement for the purpose of requesting the court to allow the application for appointment of arbitrator merely with the presence of such Parent agreement which gives mere reference to Arbitration. Can Company A succeed? Deselect Answer Yes, there is no requirement of a separate arbitration agreement with additional consent by both parties. No, there is a strong requirement of a separate arbitration agreement with additional consent by both parties. None 28. Which of the following is correct? Deselect Answer Section 21 of the arbitration act Notice is mere procedure in nature Section 21 of the arbitration act Notice is mandatory in nature. Section 21 does not require any notice for invoking the jurisdiction of the Tribunal. None 29. In which of the following cases the Delhi high Court held that when there is an arbitration agreement between two heads of the family, then the same shall be binding on all the members of the family? Deselect Answer Arnish Kumar v. State of WB Nandhini Kishore v. Airlines Pvt.Ltd&Ors Vinnu Goel v. Santosh Goel &Ors None 30. Which of the following courts held that section 14 of limitation shall be applicable under section 34 of the arbitration act? Deselect Answer Delhi high Court Gujarat high Court Kerala high Court None 31. Which of the following Provisions of the CPC deals with the concept of stay? Deselect Answer Order 21 Rule 23 Order 21 Rule 24 Order 21 Rule 25 Order 21 Rule 26 None 32. State True or False: Doctrine of Severability is not enshrined under section 34 of the Arbitration and Conciliation act? Deselect Answer TRUE FALSE None 33. Which of the following sections of the IBC deals with the provision for invoking the Corporate Insolvency Resolution Process against one of the parties to the Agreement? Deselect Answer Section 7 Section 8 Section 9 None 34. Whether a Stock Broker Company be considered as the Financial Service Provider under the provisions of IBC? Deselect Answer Yes No None 35. Which of the following individuals is responsible for the conducting of due diligence under section 29A of the IBC LAW? Deselect Answer Operation Creditor Financial Creditor Resolution Professional None 36. Which of the following forms part of key features of NCT Delhi (Amendment) bill of 2023? Deselect Answer Bill gives no discretion to the Lieutenant Governor when it comes to his actions Bill establishes the National Capital Civil Services authority to recommend All India Services at Delhi Region All decisions pertaining to the authority at Delhi shall not be based only on the majority of votes. FALSE None 37. As per BharatiyaNagarik Suraksha Sanhita, 2023, the Forensic Investigation was made mandatory for the purpose of proceedings for the Offences punishable with? Deselect Answer Only Life Imprisonment Only Death Penalty Imprisonment of atleast 7 years None 38. As per Bhartiya Sakshya Bill, 2023, electronic evidence/records shall include Deselect Answer Information stored in semiconductor memory Any communication devices locational evidence All the Above None 39. As per the Digital Personal Data Protection Bill, 2023, any violation of duties vested on the Data Principal shall cost a penalty on the Principal. Which of the following is the cost or penalty as per the Bill of 2023? Deselect Answer Rs. 5,000 Rs. 10,000 Rs. 20,000 None 40. Which of the following article in the Indian Constitution deals with the constitution and election of Chief Eleection Commissioner? Deselect Answer Art. 322 Art. 323 Art. 324 Art. 325 None 41. Deselect Answer Ms. Saranya Ponvannan Mr. Sushil Kumar Modi None 42. Which of the following forms part of the New National Dental Commission Bill of 2023? Deselect Answer Constitution of Dental Commission None 43. As per the recent amendment to CGST, which of the following shall not form part of CGST? Deselect Answer Gaming Casino Horse racing Online money gaming None 44. Whether the New Bill on Offshore Mineral Development act of 2002 provides license for granting rights for exploration and production operations. The period of license for exploraion is? Deselect Answer 2 years 3 years 4 years 5 years None 45. Which of the following sections of the criminal procedure code deals with the power of the Supreme Court to transfer a case from one court to another? Deselect Answer Section 405 Section 406 Section 407 Section 408 None 46. Which of the following is related to section 9 of the Insolvency and Bankruptcy code 2016? Deselect Answer Order of the Tribunal for the purpose of initiation of the corporate insolvency by the financial creditor Order of the civil court for the purpose of initiation of the corporate insolvency by the operational creditor Application for the initiation of the insolvency process by the financial creditor Application for the initiation of the insolvency process by the operational creditor None 47. Which of the following forms part of the grounds to set aside the award passed by the international arbitrators and as per the amendment in 2015 to section 34 of Arbitration and Conciliation act? Deselect Answer The award is not vitiated by the fraud The award is vitiated by corruption The award is in contravention to the fundamental policy of India None 48. Assume that the State of Tamil Nadu creates a board for the industrial workers who do not have pensions. The employees are entitled to get the pension at par with the normal govt. Employees. Whether the board shall be considered to be state and whether the regulations of the state employees will be applicable to the board or not? Deselect Answer Yes No None 49. In which of the following cases, the Supreme Court of India has held that the right to pension as a benefit is a constitutional right? Deselect Answer K. S. Ravikumar v. Union of India R. Sundaram v. TN State Level Scrutiny Committee State of West Bengal v. Akash singhvi None 50. A and B have filed a suit for partition of the property which belongs to the C also. A and B, had entered into the compromise during the pendency of the suit and had also presented an application for the purpose of enforcing it. Whether the said compromise or the consent decree is maintainable before the court of law? Deselect Answer Yes, it is maintainable No, it is not maintainble None Please fill in the comment box below. Share this Facebook Twitter Linkedin Whatsapp Email Leave a Reply Cancel replyYour email address will not be published. Save my name, email, and website in this browser for the next time I comment.
