Consider the following statements:<br>1. In the case of Mithu v. State of Punjab, the constitutional validity of Section 303 of the Indian Penal Code was examined by the Supreme Court of India and held that this Section violates Article 14 and Article 21 of the Constitution,<br>2. Counsel for appellants/petitioners in the above case contended that Section 303 of the Indian Penal Code is arbitrary, because it authorizes deprivation of life by an unjust and unfair procedure.<br>3. Section 303 of the Indian Penal Code provides punishment for culpable homicide by causing death of person other that the person whose death was intended.<br>Which of the statements given above is/are correct?

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

Principle: Whoever causes death by doing an act with the intention of causing death, commits the offence of culpable homicide. However, a person is guilty of culpable homicide amounting to murder if the act by which the death is caused is done with the intention of causing death.
Factual Situation: Saurab, had a serious argument with his wife. The woman uttered some filthy words at Saurab, which further irritated him. He moved towards the woman with a wooden piece to beat her. Suddenly, their daughter who was sleeping in the room woke up and ran towards her mother. Saurab's blow fell on the child's head and she fell down unconscious. The couple believed that their daughter died due to the blow.
Saurab immediately took out a rope and hung her by the neck on to the ceiling fan to give the impression that the girl committed suicide as she failed in the Class X examination. When the rope got tightened the child cried, but died immediately due to asphyxiation.

A

Saurab is guilty of murder of his daughter as he hung her by the neck which resulted in her death

B

Saurab and his wife are both guilty of the murder of their daughter

C

Saurab is guilty of culpable homicide as he thought that his daughter had already died and he believed that he was only hanging a dead body

D

Saurab is guilty of grievous hurt as the lathi blow was the basic reason of the child's death

Consider the following statements:
1. Section 34 of Indian Penal Code requires two persons whereas Section 149 of Indian Penal Code require five persons.
2. Section 34 of Indian Penal Code requires common intention, whereas Section 149 of Indian Penal Code requires common object
3. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code both require presence of a prior consent
4. Section 34 of Indian Penal Code and section 149 of Indian Penal Code. Both create specific offence
Which of the above statements are correct?

A

1 and 3

B

2 and 3

C

1 and 2

D

2 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

Consider the following statements:
1. The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
2. The Supreme Court has original jurisdiction in any dispute between the Government of India and any State or States on one side and one or more other State on the other.
3. The Supreme Court has original jurisdiction in any dispute between the Government of India and any corporation of Individual one side and one or more States on the other.
4. The Supreme Court has original jurisdiction in any dispute between two or more States.
Which of these statements are correct?

A

1 and 2

B

1, 2 and 4

C

3 and 4 only

D

1, 2, 3 and 4

Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:

A

1 and 3

B

2 and 3

C

1 and 2

D

2 and 4

Consider the following statements:
1. Every murder is culpable homicide
2. Every culpable homicide is murder
3. Every robbery is either theft or extortion
4. Every extortion is robbery
Which of the statements given above are correct?

A

1 and 3

B

2 and 3

C

1 and 4

D

2 and 4

Consider the following statements.To constitute abetment, it is:
1. Every murder is culpable homicide
2. Every culpable homicide is murder
3. Every robbery is either theft or extortion
4. Every extortion is robbery
Which of the statements given above are correct?

A

A and C

B

B and C

C

A and D

D

B and D

Consider the following statements:
1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.
2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.
3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.
Which of the statements given above are correct?

A

1, 2 and 3

B

1 and 2

C

2 and 3

D

1 and 3

Section 317 of the Indian Penal Code punishes the offence of exposure and abandonment of a child under 12 years by parent or person having care of it. Section 304 of the Indian Penal code provides for punishment for the offence of culpable homicide not amounting to murder.
'A' exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. In such circumstances 'A' may be

A

Charged with and convicted of the offence under Section 304 of the Indian Penal Code

B

Charged with and convicted of the offences under Sections 317 and 304 of the Indian Penal Code

C

Charged with the convicted of the offence under Section 317 of the Indian Penal Code

D

Charged with the offences under Sections 317 and 304 of the Indian Penal Code but convicted only for the offence under Section 304