Wednesday, August 24, 2016

Uniform Civil Code in Goa

Uniform Civil Code in Goa
The word uniform civil code consist three terms ‘uniform’ ,’civil’, ’code’. The term uniform means all people are same in all circumstances ; the term civil derives from the Latin word ‘civils’ means citizen when use as a adjective to the term ‘ law’ meaning the right of citizen ; the word code derived from Latin word ‘ codex’ which means book.

Strict and Absolute Liability

Strict and Absolute Liability

If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties.

Also read:
False Imprisonment an Overview of the Defenses:

 False imprisonment shall be said to have occurred when a human being is
detained by another in the absence of the former’s consent or any
prevailing authorization or justification in the eyes of law.

False Imprisonment-of the Defences

False Imprisonment-of the Defences

False imprisonment shall be said to have occurred when a human being is detained by another in the absence of the former’s consent or any prevailing authorization or justification in the eyes of law.



also read:

False Imprisonment as a tort:

False Imprisonment may be defined as an act of the defendant which causes the unlawful confinement of the plaintiff.

Tuesday, August 23, 2016

Solve Legal Questions for Judicial examination in India

legal Questions You Must Know

The question is whether 'A' committed a crime at Lucknow on certain day. The fact that, on that day 'A' was at Delhi, is a relevant fact under which Section of the Indian Evidence Act ?

(a) Section 9 (b) Section 10
(c) Section 11 (d) Section 12

Judicial Review of the 9th Schedule of the Constitution has been made permissible by which of the following case decided by the Supreme Court?

(a) Keshvanand Bharti Vs. State of Kerala
(b) M. Nagraj Vs. Union of India
(c) Minerva Mills Ltd. Vs. Union of India
(d) I.R. Coelho Vs. State of Tamil Nadu

Judges not only discover law but they also make law. Who among the following was supporter of this view?

(a) Gray (b) Diecy
(c) Salmond (d) Blackstone

‘Rejection of Plaint’ is mentioned under:

a) Order VII rule 11
b) Order VI rule 13
c) Order VII rule 12
d) Order VIII rule 4

Which one of the following Acts was recently passed by the Parliament?

(a) The Sexual Offences Act
(b) The Domestic Violence Act
(c) The Prohibition of Dowry Act
(d) The Right to Information Act

If the money suit filed within three years from the date on which cause of action arises then the suit

(a) does not relate to Limitation Act
(b) is not barred by limitation
(c) is barred by limitation
(d) depends on application for condonation of delay.


“The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were

given on either side”. This provision is contained in which Section of the Indian Evidence Act?a) Section-101 b) Section – 111 c) Section- 102 d) Section - 113


In criminal cases previous good character is:

(a) irrelevant
(b) relevant
(c) relevant if proved with oath
(d) None of these



Bar Council of India is a statutory body constituted under which of the following?

(a) The Supreme Court Rules, 1966
(b) The Constitution of India
(c) The Advocates Act, 1961
(d) Union Ministry of Law & Justice


Delay in filing the suit

(a) cannot be condoned
(b) can be condoned under section 3, Limitation Act
(c) can be condoned under Order VII, Rule 6, C.P.C.
(d) can be condoned under section 5, Limitation Act.


Order XXIII of the Civil procedure code applies to the following:

a) Withdrawal of suits
b) Appeals
c) Execution proceeding
d) All of the abov

Article 24 prohibits child labour in

(a) All employment (b) Only hazardous industries
(c) All employment excluding household (d) None of the above


Palvinder Kaur Vs. State of Punjab Relates to which of the following?

a) Confession
b) Dying declaration
c) Entries in the books of account
d) Relevancy of Judgment


The law declared by Supreme Court of India is binding on all courts within the territory of India, but thesupreme court is not bound by its decision was decided by the supreme Court itself in:

a) Keshavanand Bharati vs. State of Kerala
b) Indira Nehru Gandhi Vs. Raj Narain
c) Madhav Rao Scindia Vs Union of India
d) Bengal Immunity Co. Ltd Vs. State of Bihar.


Which of the following is "State" within the definition of Article 12 of the Constitution?

(a) National Book Trust
(b) State Council of Educational Research and Training (SCERT)
(c) Rajiv Gandhi Board
(d) Institute of Constitutional & Parliamentarian Studies


‘Decree holder’ means person in whose favour a decree has been passed or an order capable of
execution has been made. This definition of the term ‘decree holder’ is mentioned under:

a) Section – 2(2), C.P.C
b) Section – 2(3), C.P.C
c) Section – 2(4), C.P.C
d) Section – 2(d), C.P.C


‘Creamy layer’ rule excluding the well placed members of a caste from reservation was first laid down in the case of:

a) Ashok Kumar Thakur Vs. State of Bihar
b) Maneka Gandhi Vs. Union of India
c) Indira Sawhney Vs. Union of India
d) Minerva Mills Vs. Union of India


Section 3 Limitation Act does not apply to

(a) suits(b) appeals
(c) application
(d) execution.


Which of the following tribes has custom of ‘Marriage by Service’?

a) Gonds
b) Bhil of Gujarat
c) Khasi tribe of Assam
d) None of these


Period spent in prosecuting the case before the Consumer Forum can be

(a) partly excluded
(b) included
(c) excluded
(d) partly included.


Which of the following does not find a mention as showing state of mind under Section – 14 of the

Evidence Act, 1872?
a) Will b) Motive c) Good faith d) Negligence


Which one of the following Indian political leaders was awarded by the 'International Jurists Award, 2012'?

(a) Sushama Swaraj(b) Lalu Prasad Yadav
(c) Pranab Mukherjee
(d) Mulayam Singh Yadav


Dasti Summons for service on the defendant can be given to the plaintiff under:

a) Order V Rule 9A, C.PC
b) Order V Rule 9, C.PC
c) Order IV Rule 7, C.PC
d) Order VI Rule 6, C.PC


A warrant of arrest must be issued by:

(a) an A.S.P. of Police (b) the Home Secretary
(c) the presiding judge of the court issuing the warrant (d) None of these


Objection as to place of suing shall be allowed in the court of the first instance is the essence of :

a) Section -21 A of C.P.C
b) Section -20 of C.P.C
c) Section -22 of C.P.C
d) Section -21 of C.P.C


Which of the following is/are not within the jurisdiction of Right to Information Act?

(1) The Supreme Court of India
(2) Rajiv Gandhi Foundation
(3) President of India
Choose the correct answer:
(a) All of the above (b) Only(1)
(c) Only (2) (d) Only (3)


A private person may arrest another person, who in his view has committed a:

(a) non-bailable offence (b) cognizable offence (c) both (a) & (b)
(d) none of the above


Freedom of speech under Article 19 (1) (a) is subject to-

(A) Public order (B) Security of State
(C) Morality (D) All of the above


The number of writs that can be prayed for and issed by the Supreme Court and a High Court

is- (a) 3 (b) 4 (c) 5 (d) 6


A fact is said to be “not proved”:

a) When it is disproved
b) When, after considering the matters before it, the court believes that it does not exist
c) When a prudent man considers that the fact does not exist
d) When it is neither proved nor disproved.


New States can be formed under the Constitution

(A) Only by amendment Act of the constitution;
(B) By Law made by Parliament;
(C) By Ordinance of the President:
(D) By Presidential Order;


Section- 18 of the Civil Procedure Code provides for:

a) Place of Institution of suit in respect of immovable property where the property is situated in the
jurisdiction of one court
b) Place of institution of suit in respect of immovable property where the property is situated in the
Jurisdiction of different court.
c) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of
courts are uncertain.
d) All of the above.


Husband and wife have a right to each other's company. This right is called

(a) legal right (b) Matrimonial right (c) Consortium right (d) Conjugal right


Who propounded the doctrine 'Rule of Law' ?

(a) Lord Blackstone (b) Lord Denning (c) Dicey (d) Maine


 

Thursday, August 18, 2016

Goods and Service Tax (GST) Working In India

Goods and Service Tax (GST) Working In India
On passing of 122nd Amendment Bill 2014 from the Parliament GST will get implemented to subsume the Excise duty, Additional Excise duty, Service Tax,Countervailing or additional Custom duty besides this the indirect taxes on State level

Thursday, August 11, 2016

Proposal To Allow Couples Declare Fear Of Honour Killing In Marriage Forms

The Chief Information Commissioner has suggested to the central and states governments to include a declaration by the couple who intend to have a court marriage if they apprehend a threat to their life and liberty.

Information Commissioner Sridhar Acharyulu also suggested that couples may be allowed to seek police protection from the registrar where marriage is to be performed under the Special Marriage Act.

He said such requests should be sent to be Station House Officer who can inquire into the matter and if, prima facie, the SHO finds the threat to be real, take adequate measures to offer protection to the couple.
However, the Commission also directed SDMs or marriage officers to ensure that the 30-day notice of the marriage under Special Marriage Act should be widely circulated which mandatory under Section 4(1)(d) of the RTI Act to facilitate the interested persons (including parents or guardians) to know and raise objections, if any, to safeguard the interests of the partners to the proposed marriage.

SPECIAL MARRIAGE ACT
Under the Special Marriage Act, marriage can be solemnised after a copy of the notice in this regard is pasted on the office notice board by the SDM.

"Any person may within 30 days of issue of notice, can file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt," the Information Commissioner noted.

He said if the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. If no one filed an objection, the SDM solemnises the marriage after 30 days of the notice.

When Is The Notice Required?
Generally notice is required to prevent marriage between persons within degrees of prohibited relationship, bigamous marriages, i.e., while a spouse is living without obtaining valid divorce, marriages without valid consent (not having age of giving valid consent), with person of insanity, or persons not attaining prescribed marriageable age etc.

"However, there is a negative angle to this. Violent social consequences of intercaste and inter religious love marriages cannot be ignored. The khap panchayats and their mandates coupled with honour killings are shocking developments emanating from the exercise of freedom of choice of life partner," Acharyulu said.

Justifying his recommendation to include the threat of life to couples, the Information Commissioner said if right of parents to (information) have notice of marriage of their children is honoured, it might result in deprivation of their life or liberty, in gross violation of Article 21.

Sunday, July 31, 2016

Juvenile Justice Act, 2015

Juvenile Justice Act, 2015
The juvenile Act, 2015 or we can say that the Juvenile Justice (care and protection of children) act, 2015 was passed by the parliament of India. This act was passed by lok sabha on 7th May 2015 and passed by rajya sabha on 22th December 2015 and finally came into force from 15th January 2016.

Friday, July 29, 2016

Tuesday, July 05, 2016