Regarding bail applications, a Bench comprising of Justice A. K. Goel and Justice U. U. Lalit of the Supreme Court of India has asked all High Courts to issue directions to their Subordinate Courts that 1. All bail applications normally be disposed of by judicial officers within one week. 2. Magisterial trial where accused is in custody be concluded within six months. 3. Session trial where accused is in custody normally be concluded within two years. 4. Efforts to be made to dispose of all cases, which are ten years old, by the end of the year. 5. The above timelines may, however, will not be the touchstone for assessment of judicial performance in annual confidential reports

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

1 and 2

B

2 and 3

C

1 and 4

D

1, 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 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

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:

A

Only 1 is correct

B

2 and 3 are correct

C

1, 2 and 3 all are correct

D

1 and 3 are correct

1. A Judicial Magistrate First Class can authorize the detention in custody, of a person accused of an offence triable by Special Court established under The Narcotic Drugs and Psychotropic Substances Act, 1985, for a period not exceeding fifteen years.
2. The Special Court established under The Narcotic Drugs and Psychotropic Substances Act, 1985, cannot exercise the power to authorize the detention of accused in custody, as enunciated under Section 167 of Code of Criminal Procedure.
3. The definition of 'use' under Section 2(xxviii-a) of The Narcotic Drugs and Psychotropic Substances Act, 1985, excludes personal consumption of narcotic drugs and psychotropic substances.
4. The High Court, by special order, may constitute as many Special Courts under The Narcotic Drugs and Psychotropic Substances Act, 1985, as necessary.
Which of the above statements are correct?

A

1 and 2

B

1 and c

C

2 and 3

D

3 and 4

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

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

Consider the following statements:
1. Supreme Court's power to issue writs is narrower than that of High Court
2. A citizen is free to approach High Court or Supreme Court's as he choose, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India
Which of the above statements(s) is/are correct?

A

1 alone

B

1 and 2

C

1, 2 and 3

D

2 and 3

Consider the following:
1. Supreme Court's power to issue writs is narrower than that of High Courts
2. A citizen is free to approach High Court or Supreme Court as he chooses, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India

A

1 alone

B

1 and 2

C

1, 2 and 3

D

2 and 3

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