Under which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act? 1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order. 2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal. 3. If the omission or mistake is on the part of appellate tribunal. 4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law. Select the correct answer:

Which of the following statements is/are correct?
1. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Appellate Tribunal
2. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Cyber Appellate Tribunal
3. The appeal under the Information Technology Act, 20000, can be filed before the Telecom Disputes Settlement and Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997
Select the correct answer using the given below:

A

1 only

B

1 and 2 only

C

3 only

D

1, 2 and 3

Which of the following components are true about tax planning?
1. Tax planning is the process of analyzing a financial plan or a situation from a tax perspective.
2. The objective of tax planning is to make sure there is tax efficiency. With the help of tax planning, one can ensure that all elements of a financial plan can function together with maximum tax-efficiency.
3. Reducing tax liability and increasing the ability to make contributions towards retirement plans are critical for success.
4. Tax planning comprises various considerations such as size, the timing of income, timing of purchases, and planning are concerned with other kinds of expenditures.
5. The chosen investments and the various retirement plans should go hand-in-hand with the tax filing status as well as the deductions in order to create the best possible outcome.

A

1, 2 and 3

B

2, 3 and 4

C

3, 4 and 5

D

All of the above

Which two statements describe the IP address 10.16.3.65/23?
1. The subnet address is 10.16.3.0 255.255.254.0.
2. The lowest host address in the subnet is 10.16.2.1 255.255.254.0.
3. The last valid host address in the subnet is 10.16.2.254 255.255.254.0.
4. The broadcast address of the subnet is 10.16.3.255 255.255.254.0.

A

1 and 3

B

2 and 4

C

1, 2 and 4

D

2, 3 and 4

E

2 and 5 only

Which of the following statements is/are correct?
1. Under the Information Technology Act, 2000, the appellant can make a legal representation in person.
2. The appellant can authorize one or more legal practitioners to present his case before the Cyber Appellate Tribunal.
3. The provisions of the Limitation Act, 1963 are not applicable to an appeal before the Cyber Appellate Tribunal.
4. The Cyber Appellate Tribunal is bound by the procedure laid down by the Code of Civil Procedure, 1908.
Select the correct answer using the give below:-

A

1, 2 and 4

B

1 and 2 only

C

2 only

D

3 and 4

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

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

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

In which of the following cases, the power of superintendence of High Courts does not extent?
1. Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.
2. Tribunals created under the Army Act, 1950
3. Tribunals created for adjudication of disputes with regard to inter-state rivers.
4. Monopolies and Restrictive Trade Practices Commission.
Select the correct answer:

A

1 and 2

B

2 and 3

C

4 only

D

1 and 4

A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:

A

L. Chandra Kumar v. Union of India

B

Kihota Hallahan v. Zachilhu

C

Nagaraj v. State of Andhra Pradesh

D

Rajendra Singh Rana v. Swami Prasad Maurya

Which of the following statements regarding the 'advisory jurisdiction of Supreme Court' is correct:
1. The opinion of Supreme Court may be sought by the President on any question of law or fact
2. In case the opinion of the Supreme Court is sought it is bound to give
3. The advice given by Supreme Court on matters referred to it is binding on the President
4. Advisory jurisdiction of Supreme Court can also be exercised over disputes arising out of references made over preconstitutional treaties

A

1 and 3

B

1 and 4

C

2 and 3

D

1, 2, 3 and 4