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<br>1. By the Supreme Court<br>2. If the Court are subordinate to the same High Court by that High Court<br>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<br>Choose the correct answer:

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

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

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

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

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 which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act?
1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order.
2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal.
3. If the omission or mistake is on the part of appellate tribunal.
4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law.
Select the correct answer:

A

1, 2 and 3

B

2, 3 and 4

C

1, 3 and 4

D

Both 3 and 4

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

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

In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
1. A civil court of competent jurisdiction
2. A court of exclusive jurisdiction
3. A court of concurrent jurisdiction 'competent to try the subsequent suit'
4. A court of limited jurisdiction competent to try the issue raised in the subsequent suit

A

Either 1 or 3

B

Either 2 or 3

C

Either 3 or 4

D

All of these