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Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because
A
Of summary nature of inquiry
B
Contempt matters are governed by special Acts
C
Contempt of courts does not require enquiry and the investigation
D
Contempt proceedings are tried in higher judiciary
Correct Answer:
Of summary nature of inquiry
Select the incorrect statements:
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence
3. The Indian Evidence Act applies to affidavits presented to Courts
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts
A
2 and 3 are incorrect
B
2, 3 and 4 are incorrect
C
1 and 3 are incorrect
D
None of the above is incorrect
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
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
In the following passage, some of the words have been left out. Read the passage carefully and select the correct answer for the given blank out of thefour alternatives. The entry of foreign media has to be ______ by strict rules. Any intention to ______ the country politically or economically or any attempt at cultural ______ in orderto make the country a slave to the designs of international powers would not be ______. If the foreign media is keen on making a presence on the Indian soil,respect for the countrys unity and ______ is essential. The entry of foreign media has to be ______ by strict rules.
A
governed
B
rejected
C
dejected
D
retained
Under which section of the Contempt of Courts Act, 1971, the High Court of Delhi observed that the Act has no application in the context of contempt of Central Administrative Tribunal (CAT).
A
15(2)
B
14
C
15(1)
D
16
Under Section 33 of the Evidence Act, evidence of witness 'A' recorded in an earlier judicial proceedings can be produced in another judicial proceeding where:
A
Witness 'A' is alive
B
Witness 'A' is alive and is incapable of giving evidence
C
Criminal proceedings are pending against the witness 'A'
D
There was no right but opportunity of cross-examination of 'A' was granted in the first judicial proceedings
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
A
2, 3, 4
B
1, 2, 3
C
4 and 5
D
All of the above
Choice the correct propositions:
1. Evidence of fingerprint expert is substantive evidence.
2. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.
3. Evidence of fingerprint expert is not substantive evidence.
4. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.
A
1 and 2 are true
B
2 and 3 are true
C
3 and 4 are true
D
2 and 4 are true
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
"Equity now is that body of rules administered by English Courts of Justice which were if not for the operation of the judicature Acts, would be administered only by those courts which would be known as Courts of Equity" has been defined by
A
Henry Levey Ulman
B
Snell
C
Maitland
D
Salmond