The doctrine of res ipsa loquitur was applied by the Supreme Court in

Which of the following statements are not correct?
(1) Res ipsa loquitur is used for the purpose of fixation of liability based on strict liability.
(2) Inference of negligence could properly be drawn in res ipsa loquitur
(3) Res ipsa loquitur dispenses with taking of evidence
(4) Res ipsa loquitur mostly favours the defendant
Select the correct answer using the given below:

A

(1), (2) and (3)

B

(1), (3) and (4)

C

(2), (3) and (4)

D

(1), (2), and (4)

The doctrine 'res-ipsa loquitur' was applied by the Supreme Court in

A

Alka v. Union of India

B

Asa Ram v. Municipal Corporation of Delhi

C

Municipal Corporation of Delhi v. Subhagwanti

D

Jasbir Kaur v. State of Punjab

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.

A

Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court

B

The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court

C

The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court

D

Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision

E

The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution

The principle of 'Res ipsa loquitur' was followed by the Supreme Court in the case of

A

Pushpabai v. Ranjit G & P. Co., AIR 1977 SC 1735

B

Chandra Mohan Tiwari v. State of Madhya Pradesh, AIR 1992 SC 891

C

Union of India v. Tulsiram, AIR 1985 SC 1416

D

Kuldip Singh v. Govt. of N.C.T., AIR 2006 SC 2652

The doctrine 'res-ipsa loquitur' is a

A

Shifts the burden of proving negligence on the plaintiff

B

Disproves the negligence on the defendant

C

Does not shift the burden of disproving the negligence on the defendant

D

Both (A) and (C)

The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below:

A

1, 2 and 4 only

B

2 and 4 only

C

1 and 3 only

D

2, 3 and 4

Which of the following subject matters Articles Related to Supreme Court is NOT correctly stated with their respective Article no.? 138. Enlargement of the jurisdiction of the Supreme Court 137. Special leave to appeal by the Supreme Court 136. Review of judgments or orders by the Supreme Court 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

A

1 and 4

B

2 and 3

C

1,2 and 4

D

All of the above

Which of the following subject matters Articles Related to Supreme Court is NOT correctly stated with their respective Article no.? 128. Supreme Court to be a court of record 131. Original jurisdiction of the Supreme Court 130 A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws (Repealed) 130. Seat of Supreme Court

A

2 and 4

B

1 and 3

C

3 only

D

1,2 and 3

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

Only 2 is correct

B

1, 2 and 3 are correct

C

2, 3 and 4 are correct

D

1, 2 and 4 are correct

In which one of the following cases did the Court of Exchequer explain the principle of res ipsa loquitur?

A

Scott v. London & St. Katharine Docks Co.

B

Hedley Byrne Co. Ltd. v. Heller & Partners

C

Derry v. Peek

D

Cann v. Willson

The doctrine of res ipsa loquitur was applied by the Supreme Court in

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