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Select the incorrect statements:<br>1. The Indian Evidence Act does not apply to arbitration proceedings.<br>2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence<br>3. The Indian Evidence Act applies to affidavits presented to Courts<br>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
Correct Answer:
2, 3 and 4 are incorrect
Who among the following can be appointed as the authority to hear and decide any claims arising out of deductions form wages or delay in payment of wages under the Payment of Wages Act, 1936?
1. Any Commissioner for Employees Compensation Act
2. Any regional labour commissioner appointed by the Central Government
3. Any assistant labour commissioner appointed by the Central Government
4. Any assistant labour commissioner appointed by the State Government with atleast two years of experinece.
5. A Judge of a Civil Court.
A
2, 3, 4 and 5
B
1, 3, 4 and 5
C
1, 2, 4 and 5
D
1, 2, 3 and 4
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
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
Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
A
1, 2 and 3
B
2 and 4 only
C
3 and 4 only
D
2, 3 and 4
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
In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
A
Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings
B
Allow the application and refer the parties to arbitration
C
Allow the application and stay further proceedings in the suit with right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence
D
Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable
Consider the following statements:
The Indian Evidence Act is applicable to
1. The proceedings under chapter IX of Criminal Procedure Code
2. Court martial under the Army Act
3. Affidavits presented to any court
4. An execution proceeding
Which of the statements given above are correct?
A
1, 2 and 3
B
2 and 4
C
2 and 3
D
1 and 4
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court
A
1 and 2
B
2 and 3
C
2 and 4
D
3 and 4
E
None of these
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
In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:
A
Ador Samia Private Limited vs. Pee Kay Holdings Limited
B
MMTC vs. Sterlite Industries (1) Ltd.
C
Wellingtong Associates Ltd. vs. Kirti Mehta.
D
P. Anand Gajapati Raju vs. P.V.G. Raju