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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
Correct Answer:
The High Court of Madhya Pradesh
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
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
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
Article 74(2) the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
In the light of article 74(2) and decided cases, test the correctness of the following statements:
Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.
Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material.
A
Only Statement 1 is correct
B
Only statement 2 is correct
C
Both statements are incorrect
D
Both statements are correct
When there is dispute between two courts relating to exercise of jurisdiction in a criminal matter and said courts are under subordination of different High Courts, the matter shall be decided under section 186 of Criminal Procedure Code by the
A
Supreme Court
B
High Court of the larger State
C
High Court having more judges
D
High Court within whose area the proceedings first commenced
. . . . . . . . may empower any magistrate of the second class to take cognizance under section 190(1) of the code of criminal procedure 1973, of such offences as are within his competence to inquire into or try.
A
High Court
B
Chief Judicial Magistrate
C
State Government
D
Court of Session
Read the passage carefully and select the best answer to each question out of the given four alternatives.
Public opinion may be passive and false or active and real. It is claimed in theory that all governments are ultimately based on the opinion or sanction of the governed. But we find that in practice the people's rights are often trodden down and tyranny and oppression are allowed to continue. The government does it not because the people want it to do so but because they are too idle, too uneducated and too disunited or timid to oppose the govern ment. Such public opinion is passive and false and not an active verdict. But when we find people alert, intelligent and determined to let the government know their will, when they want to exercise actively their voice in the management of their country, we have an instance of true or active public opinion. True public opinion is formed by and expressed through the press, the platform, political parties and educational institutions. These have sacred duties to perform, duties on which depends the ultimate good of the entire community. The press today wields a tremendous influence, So it should support the causes and move ments and condemn the wrong one's and thus teach people to form correct opinion. A free and fair press ventilates the grievances of the public. Thus a healthy relationship develops between the people and the government through out an unbiased press. Political parties also help to create and regulate opinions. No less important part is played by the educational Institutions which train the minds of the young people who will be the citizens of tomorrow. It has been said that modern Germany and China have been made by their universities. It is necessary that the young and the growing minds should imbibe the spirit of fellow-feeling, the spirit of tolerance, the habit of compromise, and show due regard for the feelings and opinion of others without which a democratic society cannot function, let alone succeed. When there is true awakening of the people, we shall have the real and conscious public opinion. And justice will reign on earth and truly will the voice of the people be the voice of God.
According to the passage, which of the following is needed from the people to have true or active public opinion? 1. Alertness
2. Determination
3. Intelligence
4. Raising their voice
A
1, 2 and 3
B
Only 4
C
2 and 3
D
All of these
In the following question a statement is given followed by two more statements numbered as I and II. You have to read both the statement and decide which of them strength which of them strengthens or weakens the statement.
The company A used to outsource its recruitment process for some years but this year the company has decided to conduct the recruitment process within the Organisation. I. The employees who have been working in the Organisation are aware of that hard work is required to work in the company. II. The company has decided to appoint three new persons in its senior level authority for the smooth recruitment process.
A
Both I and II strengthens\
B
I strengthen while II weakens\
C
II strengthens while I is neutral\
D
Statement I and Statement II is neutral