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A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
A decree was transferred for its execution from Court X to Court Y. Court Y is of the opinion that Court X committed an error when it calculated the limitation period. Court Y announced that it rectified the mistake of Court X and upheld the rule of law by pronouncing judgment in favour of judgment debtor. This was challenged by the decree holder in the appellate court. Predict whether the decree holder will win the case.
Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
A decree was passed by Court P. It was sent to Court Q for execution. Decree holder approached Court R and requested it to execute it. Court R appointed a receiver. It was challenged by the judgment-debtor in an appellate court. Will the appellate court agree with the judgment-debtor?
Examine the following statements: A. The highest criminal court of the district is the Court of District and Sessions Judge. B. The District Judges are appointed by the Governor in consultation with the High Court. C. A person to be eligible for appointment as a District Judge should be an advocate or a pleader of seven years standing or more, or an officer in Judicial service of the union or the state. D. When the Session Judge awards death sentence. It must be confirmed by the High Court before it is carried out. Choose the correct answer:
Under Criminal Procedure Code where two or more courts have taken cognizance of the same offence and question arises as to which of them ought to try that offence, the question shall be decided
1. By the Supreme Court
2. If the Court are subordinate to the same High Court by that High Court
3. If the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Choose the correct answer:
Consider the following statements
1. The High Court of Punjab was renamed as the High Court of Punjab and Haryana.
2. The judges of the High Court of Punjab became judges of the common High Court of Punjab.
3. The principal seat of the High Court remained at Chandigarh.
Which of the statement(s) given above is/are correct?
What is the population of district X? I. The number of males in district X is M and the number of females in district X is F. 32 times of F is equal to 33 times of M. The difference between female and male in district X is 50,000. II. The population of district X is 65/87 of that of district Y. The total population in district X and district Y together is 7,600,000.
By the Uttar Pradesh High Court Amalgamation Order, 1948, the Chief Court of Oudh was amalgamated with the High Court of Allahabad and the new High Court was conferred, Who was appointed as the new high court Chief Justice?