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Where two courts subordinate to the same High Court have taken cognizance of the same offence and a question arises as to which of them shall try that offence
A
The question shall be decided by any one of these Courts
B
The question cannot be decided by any Court
C
The question shall be decided by the concerned High Court
D
The question can be left to the parties
Correct Answer:
The question shall be decided by the concerned High Court
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
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
Where two Courts, subordinate to two different High Courts, have taken the cognizance of the same offence, a question related to which of the subordinate Court can inquire or try into the offence shall be directed by:
A
Parties concerned
B
Sessions Court of the two Subordinate Courts
C
The High Court, within whose appellate jurisdiction the proceeding were first commenced
D
The Supreme Court
If two lower courts of Madhya Pradesh have taken cognizance of the same offence, and a question is as to which of them ought to inquire into or try that offence, the question shall be decided by:
A
The court within the local limits of whose criminal jurisdiction the proceedings were first commenced
B
The Court of Sessions
C
The High Court of Madhya Pradesh
D
The Supreme Court
Consider the following statements about the power of superintendence of High Courts
1. Constitution does not place any restriction on the powers of High Courts to have superintendence over the subordinate courts.
2. Supreme Court has similar power vis-a-vis, the High Court.
Which of the above statements is/are correct?
A
Only 1
B
Only 2
C
Both 1 and 2
D
Neither 1 nor 2
Statement A: When a court of Sessions passes a sentence of death, the court shall, according to Rule 102of the General Rules (Criminal) 1980, commit the prisoner by a warrant in the appropriate form to the jail from which he came to stand his trial, and shall submit its proceedings to the High Court at the latest on the fourth day after the sentence of death has been pronounced.
Statement B: When a court of Sessions passes a sentence against a female prisoner to death, according to Rule 104 of the General Rules (Criminal) 1980, it shall consider after enquiring from such prisoner herself, if necessary, whether she is pregnant and if it thinks that it is likely, it shall have her examined by the District Medical Officer or such other doctor as it may consider fit and if it finds that she is in fact pregnant, it shall make a report to the High Court.
A
Both the aforesaid statements are correct
B
Statement A is correct and Statement B is incorrect
C
Statement B is correct and Statement A is incorrect
D
None of them is correct
Give correct response to
1. In India, judiciary is not the part of the State
2. In India, the pattern and designation of subordinate courts in the States are not uniform
3. Munsif courts have both civil and criminal jurisdiction
4. The pattern of subordinate courts in metropolitan areas is the same as that in district
A
1 and 2
B
2 and 3
C
1 and 3
D
3 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
Which of the following statements is incorrect?
1. The High Courts have two types of jurisdiction, the Original and Appellate jurisdiction.
2. Calcutta High Court architecture is based on the model of Stadt-Haus which is also known as 'Cloth Hall of Belgium.'
3. Calcutta High Court is the oldest High Court in India.
4. The Calcutta High Court has a permanent circuit bench in Port Blair.
A
Both 1 and 2
B
All 1, 2 and 3
C
Only 3
D
None of the above
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