It has been held that the words "other proceedings" in section 69(3) of the Indian Partnership Act, 1932, must receive their full meaning untranslated by the words "a claim to set off", the latter words neither intend nor can be centred to cut-down the generality of the words "other proceedings", by the Supreme Court in

Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

A

1 only

B

2 only

C

3 and 5

D

4 only

Propositions are:
1. Set-off and counter-claim arises out of the same transaction.
2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
In respect of the aforesaid which is correct:

A

All 1, 2 and 3 are correct

B

1 and 2 are correct 3 is incorrect

C

1 and 3 are correct 2 is incorrect

D

2 and 3 are correct 1 is incorrect

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

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

Last year, there were three sections in a competitive exam. Out of them 33 students cleared the cut-off in Section A, 34 students cleared the cut-off in Section B and 32 students cleared the cut-off in Section C. 10 students cleared the cut-off in section A and section B, 9 cleared the cut-off in section B and section C and 8 cleared the cut-off in section A and section C. The number of students who cleared only one section was equal and was 21 for each section. How many students cleared all the three sections?

A

6

B

9

C

8

D

7

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

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

Which of the followingconditions has to be satisfied for the application of Section 14, Limitation Act, 1963?
1. Both the prior and subsequent proceeding are civil proceedings prosecuted by the same party
2. The prior proceedings had been prosecuted with due diligence and in good faith
3. The failure of the prior proceedings was due to defect of jurisdiction or cause of the nature
4. The earlier proceedings and later proceeding must relate to the same matter in issue
5. Both the proceedings are in Court

A

1, 3, 5

B

2, 4, 5

C

1, 5

D

All of these

On Comparing Indian and American Supreme Courts which one of the following statements is NOT true? Indian Supreme Courts original jurisdiction is confined to federal cases. Indian Supreme Court appellate jurisdiction is confined to constitutional cases only. American Supreme Court has a very wide discretion to grant special leave to appeal in any matter against the judgement of any court or tribunal (except military). American Supreme Court has no advisory jurisdiction.

A

2 only

B

2 and 4

C

1,2 and 4

D

2 and 3

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

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