VERY SHORT QUESTIONS ,

Q. I. What do you mean by Moot Court?

Ans. Moot Court is a specific form of simulation 111 which students are asked to argue points of a law
before a simulated Court

Q. 2. What 15 the importance of Moot Court 1n enabling the law-students to learn the lawyering
process and to attain the skill of advocacy?

' Ans. Moot court is helpful in the development of 3i) Practical Skills; (ii) Legal and presentation skill; (iii)
Ability to identify legal issues and legal materials etc.. (iv) Knowledge of contempt law; (v) Knowledge of
duties of an Advocate; (vi) Knowledge of tactices to win the case; and knowledge as how to deal with
clients and judges. '

Q. 3. What 1s the difference between Moot Court and Court? ‘ Ans. (i) Moot Court 15 an artificial court
organised for law studefiE§or

. providing them professional skill whereas a court is charged wiih theedii??‘?8

. . decide dispute 1n judicial manner and declares the right of the pgrtl§1fh$d€gmte

judgement which has finality. (ii) Moot Court 13 not a re%c01§111and as such it ' does not exercise
judicial power of the State wherea urefga real eourt and is empowered‘ to decide the dispute between
the Q. 4. What is the object of Moot Court? J ' Ans. To provide an opportunity to the w-stié'ents to
prepare and present

a legal argument and have practical kn em, as far as possible of the

lawyering process. ' , 951%11} '

Q. 5. in what different wayg'i'cloomourt may be organised or conducted?

Ans. (i) By prepari11 10inary legal case; (ii) By disussing a decided . case; (iii) By selecting a 3338310 legal
case and students may be asked to collect

materials, submit their writfen arguments and speak within the specified time

so as to explain them: axguments. Q. 6 lént'fer what circumstances the application of principles of

natural

'Justiceyiiéiy/bg exc'i’uded?

1%11&, It may be is exciuded--(i) By statutory provisions; (ii) By ' WWonai provisions; (iii) By Legislative
Act; (iv) By necessity or emé’f’gency; (v) By public interest; (vi) By impracticability; (vii) By acedemie

'adjudication; (viii) By non violation of person ’3 rights; (ix) By interim preventive action; (x) By fraud;
and (xi) By public interest. ' ‘

Q. 7. What are the interviewing techniques which an advocate m11st adopt while interviewing the
clients?

Ans. An advocate must 11') Treat the client as a doctor treats the patients; (ii) Be fair and honest to
client; (iii) F um1sh correct account 01 client 3 money; (iv) Give correct advise to client; (v) Give patient
hearing to client: (vi) Observe the rules of Bar Council oflndia. '

Q 8 What preparations should be made by an adv ocate 01 mowers before

the beginning of the trial of a case in civil matters?

1 ..

‘VI‘N‘ \Iv‘ll l, I I‘mtl III. . l 5.7“-u-v-u v. I III .I‘n

I Ans. (i) Hearing the case of client patiently; (ii) Noting down the relevant . . case law on the facts; (iii)
Collection of relevant evidence (iv) Readyness of ' producing oral and documentary evidence (v)
Readyness of producing primary . evidence; (vi) Readyness to produce secondary evidence where
primary V ‘ evidence is not available. _ Q. 9. What pre-trial preparation should be made by an advocate
or mooters before the beginning of the trial of a case in a criminal matters? Ans. In preparation of a
complaint the particulars are required to be given are-(i) Name of the Court, case no.. ..and year; (ii)
Name of the parties; (iii) Nature of the complaint; (iv) Facts of the case; (v) Reliefclaimed; (vi) Signature
of the complainant with the date and place; and (vii) Annexture I. e., the list of witnesses and necessary
documents attached to the complaint. . Q. 10. What provisions of Indian Constitution ensure the
indepeance

ofjudiciary? ' jgifges 15

(i) Art. 124 provides security of tenure of judges, (ii) Sal fIxed and not subject to the vote of legislature
and charged 0 I , __ szdated A fund of India. It cannot be altered to their disadvantages ex ', ' "

energency. (iii) Art. 138 provides that parliament W1: but cannot curtail

the jurisdiction and power of Supreme Court; (I . will be no discussion In Legislature on the @wdges (v)
Art. 129 & 215 provide that Supreme Court and ' tr“ ave power to punish any person for Its contempt;
(vi) Art. 50 : .1 the executive in public services 9th .. . ‘ (vii) Art. 124 (2) provides that the executive is
required to c055, ‘ _; . dges of Supreme and High Courts In the appointment of the §§ ‘6" §upreme
Court; (viii) Art. 124 prohibits a retired judge of Supreme ‘GmIrt to practice after retirement.
Q.11.WhatIs the supreme law of India? ' Ans. Cons . QJZ’Wh‘b‘ig e gua rdian and protector of the
Constitution? 5. S(Ebgeme Court of India. ”'Q. I&What Is the importance of an independent judiciary?

”lit”? Independence of j udiciary 1s essential In a democratic set-up because \ oni;’hn impartial and
independent judiciary can protect the rights of the individual and provide equal justice without fear or
favour.

Q. 14. What as the importance of lawyer in legal profession?

Ans. The lawyer collects legal materials relating to the case and thereby helps the Court or Judge to
arrive at a correctjudgment Without the assistance
of the lawyer it would be a superhuman task for the Judge to arrive at a satisfactory judgment

Q.15.W hat qualities must he possessed by an advocate to bea successful lawyer?

Ans. (i) Hardworking. devotion and good dealing with the client and judges: (ii) Good command over
language. good \oice. good power of expression & good knowledge of law; (iii) Methodical preparation
of the cases:

II‘

(iv) Knowing the art of the citation of cases; (v) Having acquaintance with the human nature and motives
etc. (vi) Be a man of integrity and character; (vii) Possessing tenacious memory; (vii) Mannerism Court;
(ix) Not to interrupt the Judge; and (x) Good dealing with the clients.

Q. [6. What factors are necessary for a mooters for getting success in Moot Cou rt?

Ans. (i) Pre-trial preparation of a case; (ii) Having knowledge of j udicial system in India; (vii) Having
knowledge of pleading; (iv) Having art of examination and cross-examination; (v) Preparation of
arguments on the case; (vi) Submission of the best evidence available.

Q. 17. What do you know about the hiera rchy of courts under judicial system of India? Ans. At the top is
the Supreme Court and then comes the High Court one

in each State and at the bottom Is the subordinate judiciary consisting ((mlv“ and criminal courts. Each
State has been divided into several distr'W

each district there Is a district court and under each district swag?“ function. District court is the
principal civil court of original criminal side the district cotIrt functions as the session co additioon to it
there are several magisterial courts. Q. 18. What do you mean by res-judicata? Ans. A thing upon which
the Court has e ’3? ,s judicial mind. Q. 19. What do you mean by judgem t-in

Ans. Judgements which are c 41cm ’ only against the parties to the suit but against all the world as

Q. 20. What do you megamudgement-In-personam"

Ans. Judgements wenclusive only against the parties or their prives.

Q. 21. What Mon m‘ean by ‘Judicial notice’? Ans. Reg ithout proof of something as existing or as being
true. Q. 2 deou mean by ‘Oralevidence’? ~95. ‘ statEments made before the Court by witnesses. at Is the
order of exaImnatIou of witnesses. ‘ . smite. Witnesses are to be first examined-in-chief, then (If the
adverse party ‘ r

es) cross-examined, then (If the party calling him so desires) re-examined. Q. 24. What do you mean by
leading question?

Ans. Any question suggesting the answer which the person putting it wishes or expects to receive.

Q. 25. To what matter can leading questions be asked?

, Ans. (i) Introductory; (ii) Undisputed; (iii) Sufficiently proved matters. Q. 26. What is “Cross-
examination”?

Ans. Examination of a witness by the adverse party.

Q. 27. Is it true to say that improper admission or rejection of evidence ‘ shall not by itself be a ground
for re-trial?

Ans. Yes. Unless it alters the judgement itself.

Q. 28. What does a pleading include according to Madras: H igh Court?

Ans. Pleading includes a plaint, written statement, petition, special case memorandum of appeal,
memorandum of objections.”

Q. 29. What are the fundamental rules of pleadings? ,

Ans. Every pleading must state the (i) F acts and not the law:‘(ii) Material facts only (iii) The facts and not
the evidence by which they are to be proved. (iv) Material facts concisely but with precisions and
certainty.

Q. 30. What do you mean by “particulars”?

Ans. Particulars are the necessary details of the material facts stated In the pleadings.

Q. 3]. Give one example of particulars?

Ans. The plaintiff, a lady, alleges in her plaint that the sale-deed is void as her signatures on it were
obtained under undue influence of the othenparty thereto. This Is the statement of a material fact.
Particulars of thIS m .1 ; will give the necessary details of the same, viz., the precise §3t§fw the

influence exercised, the manner of using influence and the mntage obtained by the other. 2,._ _ ‘i‘ Q.
32. In what cases, according to RC. Mog s'.‘ to give

particulars? .. Ans. (i) Suit for accounts. (ii) Adopt n, verse possession, (iv) ’ Agreement, (v) Antecedent
debt, (vi) Benagii sgion, (vii) Breach ofcontract (viii) Breach of duty, (ix) Custom, (gme §(x1) Easement,
(xii) Inmorality, (xiii) Just1ficat10n(xiv) Legal ceg‘sm J&WV) Representation. (xvi) Special damages, (xv ii)
Title of prop¢iyt§ugb Title of another person. Q. 33. What do yo til?” mendment of Pleadings? Ans. The
revision? e pleadings alter its submission to court. for its final decision of the‘subject-matter 1n dispute.
Q. 34. Whiiéi’é’%e essentials ofa suit? . An CMNaction; (ii) Parties to suit; (iii) Jurisdiction; (iv)
Subjectmattemisxfg’lé) Reliefclaimed. What do you mean by eause of actIon9 :A bundle of essential
facts which it is necessary for the plaIntIff to prov?before he can succeed In the case. Q. 36. What do
you mean by afiidavit? Ans. Affidavit is the statement of the person given on oath. Q. 37. What are the
essential parts of a plaint? Ans. (i) The heading and title; (ii) The body of the plaint; (iii) The relief
claimed;(iv)Ver1iication. Q. 38. What do you mean by written statement? Ans. The defendant’ 5 Mitten
defence or pleading 15 called a written statement” Q. 39. What are the three parts ofa W.S.? Ans. (i)
Admissions and denials: (ii) Additional pleas and (iii) Verification.

Q. 40. What do you mean by representative suit? =

Ans. Suits in which parties represent (a) others or (b) themselves and 3'50 Others.
Q. 41. What do you mean by “Conveyancing”? . Ans. “Conveyancing” is derived from the word
“conveyance” which . ' means the action of conveying; a means or way of conveying; an instrument

, by Which title to property is transferred. '

Q. 42 In what particulars conveyance is divided? ' ‘

Ans. (i) Description of the deed; (ii) Date; (iii) Parties to the deed; (iv) Recitals; (v) Testatum; (vi)
Testimonium; (vii) Signature and Attestation. ' Q 43. What Is a power ofattorney? '

Ans. It Is a right or power through which a person is authorised to enter into contract or to do the said
act on behalf of and the benefit of the principal

Q. 44. What Is appeal?

Ans. it Is a statutory right of a person to get the legalily of ,_-_j;c?%& r order of lower court tested by a
Higher Court. ,

Q. 45. What do you mean by “decree”? .

Ans. The formal expression of an adjudication w ” the Co'urts expressing it conclusively determines th "'
arties with regard to all or any of the matters in controversy i i . ‘

Q. 46. What are the two main kinds 0 d -» . .f "

A.ns (i) Preliminary and (ii) Final dec e.

Q. 47. What do you mean by “ nrelI Wane”

Ans. A decree Is preliminag ;' er proceedings have to be taken ‘

y.

before the suit can be comp is a , ed of. Q. 48. What do youm Inaldecree”? Ans. it Is final why? enge‘éh
a§udication completely disposes of the suit. It may be partly preliminaryilnd partly fmal. . Q. 49. WEST?!
%mean by “order”? ' niihl%ession of any decision of a C IVIl Court which Is not a decree . 3,20% What Is
the difference between “decree and order”? ‘ mm‘é decree Is an adjudication conclusively determining
the rights of _ me; its with regard to all or any of the matters in controversy; an order may or nifty not
finally determine the rights of the parties. ' Q. 51. What do you mean by “judge”? ' Ans. The presiding
officer of Civil Coun. Q. 52. What do you mean by judgment? Ans. Statement give‘n'by Judge of the
grounds of a decree or order. . Q. 53. What do you mean by “judgment-debtor”? Ans. Any person
against whom a decree has been passed or an order capable of execution has been made. ' Q. 54. Who
Is called II“ pro iorma defendant”? Ans. A defendant to “a suit against whom no relief is claimed. Q. 55.
When can I plaint be rejected?

N v' v.----r-'-v--__ _

3"" \

Ans. Where plaint-(i) Does not disclose cause of action; (ii) Relief . claimed is under valued; (iii)
insufficiently stamped; (iv) Suit is barred by law. Q. 56. What is the effect of rejection of plaint? Ans. The
order rejecting the plaint is a decree within the meaning of S. 2 (2) of C.P.C. and is appealable. , '

Q. 57. What do you mean by “interpleader suit”?

Ans. A suit in which defendants interplead against each other.

Q. 58. What do you mean by revision? '

Ans. A revision lies only to the High Court on the ground of j urisdictional

error from any decision of a subordinate Court where no appeal lies. Q. 59. What do you mean by
“review” as defmed U/S. 114. C. RC? Ans. A judicial re-examination of case by samejudge In certain
circumstances. Q. 60. What do you mean by “execution”? Ans. Enforcement of Judgment or order of
Court by the proces ., 2 ,, Q. 61. What do you mean by an Advocate? ,. _
Ans. According to S. 2 (l) (a), of Advocates Act, 196%(1 ' " eans .

an advocate entered in any roll under the provision of f, .Cf‘e§*

Q. 62. What Is the position of an Advocate?

Ans. An advocate Is an officer of the C wt a" 61: ?Court acts on the statements of the advocate. It Is the
duty the5 mate to assist the Court in the due administration ofjustice. ‘

Q. 63. Why should an Advoca pay "' pec'to the Court?

. Ans. (a) An advocate lS likgthp tagge, &himself, an officer of the Court and an integral part of the
JudICIalihacMhe legal profession consists of the Bar as well as the Bench and myhaw common aims and
ideals. (b) In theory it is the King or ‘Sovereign‘g Mo presides In the Court of jUSthC and the judge Is
merely the mouth i30e and representative of the Sovereign Respect shown to

.. the Com Is ???%spect shown to the Sovereign whose representative : the Judgjg Kacgitghn ly litigants
and witnesses but the gemeral public will get

their Inspirgiioqs In time respect from the example of advocates. c‘Q. 64.,What are the duties and
obligations of an Advocate towards his

c . ns. (i) Advocate is bound to accept any brief; (ii) Not to withdraw h'om

engagement; (iii) Not to accept a brief in which he will be a’ witness. (iv) To disclose the facts likely to
affect his clients judgement in engaging him. (v) To uphold the interest of client; (vi) To conduct the case
so that it does not lead the conviction of innocent. (vii) Not to commit breach of an obligation imposed
by S. 126 of Evidence Act. (viii) To have the fee based on a valid contract (ix) Not to bid or purchase
property sold in execution of a decree. (x) To keep the account of client 5 money.

Q. 65. What' a the nature of the relation between an Ad\ ocate and Client?
Ans. Fiduciary.

Q 66 What a the i-portance of lawyers In Legal profession?

6 Ulllquc, JV vuwtlvna uuu nuancrs

Ans. Lawyers provide (i) Legal knowledge to the litigants; (ii) Help in administration of justice; (iii) Ensure
fair trial (iv) Defend rights of the citizens and (v) Help in reforming law. .

Q. 67. What qualities must be possessed by a lawyer In order to be a successful lawyer?

Ans. (i) Hard working devotion and good dealing with the client and judges; (ii) Good command over
language, good voice, good power of expression, good knowledge of Law; (iii) Methodical preparation of
the case; (iv) Knowing the art of citation of cases; (v) Having acquaintance with the human nature and
human motives etc; (vi) Man of integrity and character; (vii) Possessing tenacious memory; (viii)
Mannerism Court; (ix) Not to interrupt the judges and (x) Good dealing with the client.

Q. 68. What persons are entitled to be admitted and enrolled as an advocate on a State Roll?

Ans. (i) A person must be a citizen of India; (ii) Must have wmsieted the age of 21 years; (iii) Must have
obtained a degree of law. (IVQMUMOEBC a foreigner unless foreign Govt. also makes enrolment of Indis
GWIzens

Q. 69. What persons are disqualified to be enroll deocate?

A'ns. According to S. 24-A, no person shall b as an advocate on a state roll: (a) If he Is convicted of an
offence IMVI moral turpitude; (b) If he Is convicted of an offence under the Mm the Untouchability
(Offences Act, 1955); Provided that the isqu ifIcation for enrolment as aforesaid shall cease to have
effect Refmgger’ia’d of two years has elapsed since his release. _,_

Q. 70. What do you me . 6" istratio'n of justIce"

Ans. It includes alWe MctIons of a Judge whether administrative, adjudicatory or any 0th {3:6essary for
the administration of JustIce

Q. 71. What arétge duties and obligations of an advowte towards the Court?

Ans. (i) ;! W firmly; (ii) To maintain the dignity of the Court; (iii)

Not to in ?decision of Court (iv) To prevent his client from resorting to unf pr ce; v) To appear in the
prescribed dress (vi) Not to appear in “18%.. aw“ is related to him (vii) Not to wear Bands or Gowns In
public mi) Not to appear in the Court of thch he Is a member of the Executive Committee and (ix) Not to
plead a case in which he has pecuniary interest Q. 72. What are the d utIes of an Advocate towards his
colleagues? Ans. (i) An Advocate shall not solicit work or advertise his position or association with any
person or organisation or with any particular cause or matter or that he specialises in any particular type
of work or that he has been ajudge or an advocate general; (ii) An Advocate shall not permit his name to
be used in aid of or to make possible the unauthorised practice of law by any agency; (iii) He shall not
accept a fee less than the fee taxable under the rules. when the client is able to pay the same: and (iv)
He shall not enter appearance in any case in Which there is already a Vakalat-nama or memo of
appearance

M00[ Lourl, I l C'tl Id! 1 I Lllul utlvlla u A an tlwlru vvvvv

filed by an Advocate engaged for a party except with his consent. Q. 73. What is the object of passing
the Advocates Act, 196] ? _ Ans. To amend and consolidate the law relating to legal practitioners and
also to provide the constitution of Bar Council and an All India Bar. 1 Q. 74. What are the rights of an
Advocate under the Advocates Act, 1961? Ans. (1) Right to practise theprofession of law; (ii) Right to
practise law through out the territory to which Act extends; (iii) Right to conduct the cases of the
parties. (iv) Right to sit in the Court; (v) Right to enter into compromise on behalf of parties; (vi) To
inspect the documents concerning the case of his client; (vii) To take copies of the documents etc. (viii)
To cite precedent; (ix) To be appointed oath commissioner; (xii) To be appointed notary. (xiii) To be
appointed receiver; (xiv) To keep secret of the professional communications Q. 75. How the disputes
regarding the seniority among advocatesare to bedecided? .:Ans. According to S. 21, of the Advocates
Act, 1961, wheeeghe date Of seniority of two or more persons is the same, the one seni ingg'e shall be
reckoned as senior to the other ’ Q. 76. What1s the order of pre-aud1ence ammik .£ nt Advocates? Ans.
(i) Attomey-General of India (ii) S iciib‘i-gg§eral of India; (iii) Additional Solicitor-General of India; (iv)
Sem devoéate-General and (v) _ Senior Advocate. 2%» Q. 77. What do you mean by State Bait, Council?
Ans. According to S. 2(1) (1, $11111: 3211 Council” means a Bar Council constituted U/S 3. Q. 78. What
do yoummnMBar Council of India? Ans. AccOrding 10$ ‘2 (1) (e), “Bar Council of India” means the Bar
Council constituted ‘U/S. 4 i151 the territories to which this Act extends; Q. 79. Whatdo you mean by a
“Law graduate”? AnsugA person ‘who has obtained a bachelor’ 5 degree 1n law n'om any Univers1ty
established by law 1n India ’Q, 891%What do you mean by Roll? Wag” A113? According to S. 2(1) (k),
“roll” means a roll of advocates prepared and n’taintained under this Act.

Q. 81. What do you mean by State roll?

Ans. According to S. 2( 1) (11), “State roll” means a roll of advocates prepared and maintained by a State
Bar Council U/S. 17.

Q. 82. What1s the procedure to be followed by Disciplinary Committee of State Bar Council?

Ans. S. 35 provides that where on receipt of a complaint or otherwise a State Bar Council has reason to
believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the
case for disposal to its disciplinary committee.

Q. 83. What are the powers of the disciplinary committee of State Bar

Council?

Ans. (a) To dismiss the complaint or where the proceeding were initiated at the instance of the State Bar
Council, direct that the proceeding be filed; (b) Repr imand the ad vocate; (c) Suspend the advocate
from practice for Sneh period as it may deem tit; (d) Remove the name of the advocate from the State '
roll of advocates.

Q. 84. What are the powers of dIsc1plInary committee of Bar Council of India regarding review?

Ans. S. 44 provides that the disciplinary committee of a Bar Council may on its own motion or otherwise
review any Order within 60 days of the date of that order passed by it.

_ Q. 85. What remedies are available to an Advocate aggrieved by an order made by the disciplinary
committee of State Bar Council?

Ans. (i) Review application to State Bar Council; and (ii) Appeal, Bar Council of India. .
Q. 86. What remedies are available to an Advocate aggriev made by the disciplinary committee of Bar
Council of lndi .3 ;

Ans. To Appeal In Supreme Court. , .

Q. 87. What are the powers and functions arm “‘ cil ofIndia?

' Ans. (i) To admit persons as advocates; (ii) T&ppo t comm1ttees and staffmembers; (iii) To maintain
account etc. (iv§; Ti» ru;les (v) To punish . for professional or other misconduct; (vi) Appella§ power;
(v_ii) Other powers and functions e g., to give dIreetIon to Stag; ”Ba'i Council or any committee ' thereof
for the proper and efficient §§§harge of the functions of State and review its order within 60 dayé’ofthe
gate of the order passed by it. ~

Q. 88. What do you meaniéy Writ?

Ans. “The word ‘Writééiias been used 1n the sense of a written document under the seal of‘the cou‘H
issued to a person or authority including Government in appropriate cases, commanding them or any of
them to do or forbear froni §5irg§§ome act. ” ‘ . \

(1% “89What are the two kinds of Writs? ‘

”Samag) Tzhe prerogative and (ii) The original or JudlClal writs.

’ 9%?”Qe80. What do you mean by prerogative writs? ‘ ”Mns. “Processes issued upon extIa-ordinaIy
occasions on proper cause shown.”

Q. 91. What do you mean by original or judicial writs?

Ans. They commence between party and party and they Issue as of course.

. Q. 92. What are the prerogative writs? ‘

Ans. The prerogative writs and ancient remedial process of an extraordinary nature which have from the
earliest time issued from the Court of King’s Bench in which the sovereign was always present in
compensation of law

Q. 93. What Is the nature of Art. 32 of Indian Constitution?

Ans. Remedial

Q. 94. What kinds of writs can be issued U/Art. 32 and 226 of the

. Constitution of India? . Ans. (i) Habeas Corpus; (ii) Mandamus; (iii) Prohibition; (iv) CertiOrari; ‘ . and (v)
Quo-warranto.

Q. 95. Besides writs what kind of remedies be provided by the Court IUI Arts. 226 & 32?

Ans. Supreme Court and High Court respectively have the powers to issue directions, orders beside the
writs:

Q. 96. What Is the literal meaning of the writ of “Habeas Corpus”?

Ans. To produce the body of detenu.

. Q. 97. What Is the juristic meaning of “Habeas Corpus”? ‘ Ans. It IS an effective means of immediate
release from unlawful detention

whether in prison or in private custody. The writ consists in a command from the Court of the
production of the person detained or imprisoned and thrpugh'

7 C I ‘ this writ the Court makes an inquiry into the cause of Imprisonment igméizg

no legaljustitication for detention, the person detained 15 ordered n:.released. . Q. 98. Who can apply
for the writ of “Habeas Corpu " m“ .
_ Am. An application for Habeas Corpus can be "‘30!”an e prisoner ‘

himself or by any other person on his behalf. % ‘

, Q. 99. In case of Habeas CorpIus, who Is thpro £533 the detention Is in

accordance with the law?

Ans. Detaining authority. Q. 100.15 it correct to say that (?teriiiewmg the client Is an art and only

the experience will enable a pe ! gIIIIII dérstand it lI'ullyI? Ans. Yes. . Q. 101. Does theéliim \nstItutIon
provide for an independent .. ‘ judiciary? ' ' . . . .

Ans. Yes. I \

Q.102. 1.5. III oEéint‘publication and distribution of matter contempt? o; wg‘es 3(1 ) ofContempt
ofCourt Act, 1971. Q;10. fair criticism of j udicial act contempt?I mwé. ' ' “32:11:804. ls complaint against
presiding officers of subordinate Courts contéhIpt? . .

Ans. No, Q.105.1s publication of information relating to proceeding in

“chambers” or in “chambers” contempt?

Ans. No, except in certain cases.

Q. 106. Does Indian Constitution provide an unified judicial system?

Ans. Yes.
Q. 107. Can Art. 2| be suspended U/Art. 359(1)?

Ans. No.

Q. 108. Does the principle of resI-j udicata apply even in the case of petition U/AIIrt. 32?

Ans. Yes. Q. 109. Does the principle 01' res-judieata apply in case of petition for "‘Habeas Corpus”?

Ans. No

Q. 110. When can Supreme Court refuse to grant remedy under Art. 32?

Ans. (i) Res-judicata; (ii) Delay; (iii) Malicious petition; (iv) Misrepresentation or suppression of material
facts (v) Infractions petition; (vi) Existence of adequate relief.

Q. 111. What are the grounds of Issuing the of ert of “Habeas COrpus”?

Ans. (i) The applicant or the person for whom the application is made must be in the custody. (ii) The
application of Habeas Corpus ordinarily should be by the husband or wife or father or son of the detenu.
(iii) All the formalities relating to arrest and detention was based on malafIdes e. g., long delay in
communication of the grounds of arrest. (iv) The order of arrest migt be defective In substance. (v)
Vague and indefinite grounds of detentiog M3150 be one of the good grounds for getting a writ of
Habeas Corp 3,1536% VI Order of detention Is tainted with irregularity. ' .. ~

Q. 112. On what grounds the writ of “Habeas Corpus” ahd; otzsbe issued?

Ans. (i) If the application Is made to H Igh Coumd t lace where the person is detained 13 out side the
jurisdictional limitsmgm ighC oiIrt. (ii) When during the pendency of writ petition the gymnjhw question
is released. (iii) When detention is in execution of maiden on indictment of a criminal charge. (iv) When
a person is detaiigdu gaugi‘d’ieventive detention law.

Q. 113. What do you mean b ay§tw Mandamus”?

Ans. The writ of Mandagni’: a high prerogative writ of a most extensive remedial nature and Is, ,ing 6 a
W'command Issuing from the High Court of J ustIce directed to a on, corporation, or inferior Court,
requiring him or them to do mmagnicuihr things therein specified which apertains to his or their office
miismme nature of a public duty. ”

Q. 1&4: Whaf‘m'e the grounds of Issuing the writ of “Mandamus”?

5. ”mm?" petitioner has a legal right. (ii) That legal right has been infriftge?&ii)vafhat the reason of
infringement was the non-performance of espOnding duty by the public authority. (iv) That the
petitioner has dem nded the performance of that legal duty by that public authority and the authority
has refused to act. (v) The duty sought to be enforced must be of a public nature, i.e., created by some
statute and not of a private nature. Q. 115. Who may apply for “Mandamus”? Ans. Only the person-
whose legal rights have been violated? Q. 116. On what grounds writ would not be issued? Ans. (i) When
the duty is to do ministerial work. (ii) When the duty is merely discretionary. (iii) To enforce contractual
obligation. ‘ Q. 117. Can a writ of mandamus be issued to college authorities, if a student is denied
admission on extraneous grounds by overlooking norms ‘

‘Vlvv'

set down by the rules and regulations?‘ Ans. Yes. Q. 118. Does the writ ofprohibition lie only against the
JudIeIal and quasijudicial authorities? . Ans. Yes. Q. 119. What do you mean by a writ of “Prohibition”?
Ans. A writ of Prohibition is a J'ud icial writ issued by a court of superior jurisdiction directing an inferior
court for the purpose of preventing the inferior court from usuriping a jurisdiction withwhich it is not
legally vested or to

compel courts entrusted with judicial duties to keep within the limits of their , jurisdiction.

Q. 120. What are the grounds of Issuing the writ of “Prohibition”? Ans. (i) Excess of JurIsdIctIon and
absence of JurIsdIctIon violattgkh of

natural justice, fraud, contravention of the laws of the land; (ii) To a g quasi-Judicial body Which Is
inferior to the Issuing court.

Q. 121. is the existence of an alternative remedya e I %Sue of prohibition? . . , %%

Ans. No. ‘ ‘ @293,

Q. 122. What do you mean by the writ of “CeI‘i‘i rag”?

Ans. It IS a command or order by the swer g“to an inferior court or tribunal to transm It a record or
cause or m‘atterapending before them to the superior court not to proceed with thg Qgse‘wpich Is not
within its jurisdiction and also to quash any order made “by tbé 381m m such a case. If the order of
inferior court is found to be @IIhQMLJETISdICUOD or against the principles of natural justice, it will
beqd’ashedg

Q. 123. Who may apply for the writ of “Certiorari”?

Ans. Any ers'on whose legal right has been violated can apply for the issue of this wJItWQh‘SWrson may
on behalf of a group of persons or society or persgyiét largg tipply.

“Q 123. ‘What are the grounds on which the “Certiorai” Is issued?

“Km. (i) The act, order or Judgment in respect of which the writ is sought to ”Q” Issfied should be the
act, order or judgment of an inferior mm or statutory body Exercising judicial or quasi-judicial functions.
(ii) Such court or body must have acted in the absence or in excess of thejurisdiction vested in it. or
against the principles of natural justice so as to render such act. order or‘ jUdgment invalid (iii) Where
there is violation of the principles of natural justice so as to render such act, order or Judgment invalid.
(iv) When there IS an error apparent on the face o£record.

Q. 125. What do you mean by the phrase,“ error apparent on the face of record”?

Ans. Every order cannot be corrected merely because it is wrong. it can

be quashed only if It is vitiated by the fundamental flow of gross miscarriage Of Justice. absence of iegal
exidence. penerse misreading of facts. serious

error of law on the face of order, jurisdictional failure and the like. 5 . Q. I26. What do you mean by the
writ of “Quo-warranto”?
_ . Ans. It I ies against a person who claims or usurps an office, franchise or liberty with respect to which
information is sought so that such person ’5 right I to the same may be determined III the light of the
authority or warranto eited ’ by such person in Support thereof. _

‘ Q. 127. Can the writ of quo-warranto be issued unless the defendant Is in actual possession of the
public oftiee? I Ans. No. ' ..Q. [28. When can the writ of quo-warranto be issued. "

_ Ans. (i) On an illegal usurption of publIc office by an unauthorised person; ' (ii) The public office and
not a private, office 15 of a substantive nature; (iii) . The person proceeded against has been In actual
possession and Is the user of particular office III question.

Q 129. Is the jurisdiction conferred on Supreine court hy basic structure of the constitution?

Ans. Yes. _ ‘ R???,a Q. 130. Is it necessary to invoke the door of High Coqrt ?&Q 26 before approaching
the Supreme Court U/Art. 32? ,

Ans. No.

Q. 13]. What Is the difference betweeh t ,e . and Supreme Court U/Arts. 226 & 32? . _ .

' Ans. The jurisdiction of HighCo 226 is wider than that of .

Supreme Court U/Art. 32 as the «g, e. 2 " can issue the writs only for the enforcement of fundamental ;
eas the High Court can enforce both the fundamental as well a39t5 ' rdinary Legal rights. '

Q. 132. What are the genera duties of an advocate? . .

Ans. (i) To [fay certain sum to the State Bar Council which shall be credited In a geria‘ate hind honour as
Bar Council of India Advocate Welfare hind fort lite iiyfo import training in law. (iii) Duty to render Legal
aid to indigen ahdgppressed. (iv) Restriction on other employments. : .1.What Is the difference between
the writ of “Prohibition and WMS" ' ~
”Ans. (i) Prohibition Is issued to prohibit the inferior Court or Tribunal or

body exercising judicial or quasi-judieial functions to continue proceedings therein in excess of its
jurisdiction or in contravention of law of land or of the principle of natural justice while Mandamus is
issued to compei inferior Court or bodies or persons to perform their public duties. (ii) Prohibition lies
only against judicial and quasi-judicial authorities but Mandamus lies-against administrative authorities.
.

Q. 134. What is the literal meaning of “Quo-warranto”?

Ans. "By what authority” _ i

Q. I35. What is the difference between “Certiorari and Prohibition”?

I ‘ etion oingh court ’

v-I'v-r--‘---~77 g

Ans. Prohibition is issued before the proceedings are completed while Certiorari is issued after the
decision is given by inferior court or tribunal. If , the decision given by the inferior court or tribunal does
not completely dispose of the matter, Certiorari and Prohibition both may be issued, Certiorari for
quashing what had been decided and Prohibition for prohibiting the inferior ' Court or Tribunal to
proceed further with the matter.

Q. 136. In what respects “Prohibition and Certiorari” are similar?

Ans. (i) Both are issued by superior court to inferior Court or Tribunal or body exercising judicial or quasi-
judicial function; (ii) Both are issued on‘

simiiat grounds (iii) The obj ect of both the writs is to restrain the inferiot' courts . or tribunals from
exceeding theirjurisdictions.

Q. 137. What Is the object of the writ of “Prohibition”?

Ans. To restmin the inferior Court or Tribunals or bodies exercisingquEiaIl ' . or quasi-judiciai functions
from exceeding their jurIsdIctIons . w .

Q; 138. What do you mean by Natural Justice? " ts,»

Ans. Natural Justice is an ideal element in administrativedaw. I Sense, .

natuIai justice is known as “Natural law”, “UniversathIine law”, ‘ Universai Justice” ,or “Fair play In
action” Q. 139. What does the maxim ‘Nemo Jugex i@sua’ mean? Ans. No man shall be judge In his owII
cab?“ . Q. 140. .What Is rule against Biaséé

W Ans. The deciding authorityu artial and against bias. Q. 14]. What does maxim‘ uigiténm partem’
mean? Ans. Hear the orther sid§o 'ithe parties must be heard.

Q. 142. What Is rgk “5%“ or fair hearing? Ans. It means that “minan should be condemned unheard or
that there

must be fairness on the partzbf deciding authority. Q. 143. \thafmthe two principles relating to ‘rule
against bias’? . An Noogé‘thould be a Judge In his own cause; and (ii) Justice should not oMybe e but
must appear to be done . _ '‘Q, 344. What are the va rious types of bias? Iii (i) Pecuniary; (ii) Personal;
(iii) Subject-matter; (iv) Departmental;

and Policy bias. Q. 145. What are the two ingredients of the maxim “Audi Alteram _ Partem”? ' " Ans. (i)
Notice; and (ii) Hearing Q. 146. What' Is meant by the term ‘Rule of Law’? Ans. It means the principles of
legality which refers to a Government based

on principles of law and not of man. Q. 141W but are the th ree distinct meanings of the doctrine of
‘rule of

law’ according to Dicey? Ans. (i) Supremacx of law (ii) EqualityI before law: and (iii) Predominance

OfLegal spirit.
c-v

Q. I48. What according to Davis, are the principal meanings of the term ‘rule of law’. in modern times?

Ans. (i) Law and order; (ii) F ixed rules, (iii) Elimination of discretion; (iv) Due process of law and fairness;
(v) Observance of the principle of Natural Justice; (vi) Preference for judges and ordinary courts of law to
executive authorities and administrative tribunals; and (vii) Judicial review of administrative action.

Q. 149. What is the position of ‘Rule of law’ under The Indian Constitution?

Ans. Rule of law in India exists due to --(i) Supremacy of the Constitution; (ii) Constitutional requirement
of Equality; (iii) Constitutional guarantee and Judicial enforcement of Rights; (iv) Rule of law as a legal
concept; (v) Rule of law as a feature of Basic structure; (vi) Elimination of Arbitrariness and not of
Discretion; (vii) Compliance with the requirement of law; (viii) Fairness in action; (ix) Public interest in
security of somal welfare; (x) Nationa nghgof reservation for Backward C lasses and Constitutional
validity of ean1y43yer, and (xi) Pervasiveness of the concept of the ‘Rule of law’. 1‘: ‘7"

Q. 150. By what means do the Constitution of India 0% he ntrol over administrative acts U/Art. 32 and
226? CR

Ans. By issuing (i) Directions to administrati b63735; (ii) Orders; and (iii) Writs, including the writs in the
nature babe corpus, mandamus, prohibition, certiorari and quo-warranto or ny ,them.

Q. 151. What are the principles fo’ eWcise of writ jurisdiction U/ Art. 32 or U/Art. 226 by the Courts

Ans. The Supreme Courtmvégr and the High Courts U/Art. 226 have to take into consideratiopag70§lay
and Laches; (ii) Alternative Remedy; (iii) Res-Judicata and Cbasm‘icti ve Res-Judicata; (iv) Anticipatory
Relief; (v) High Court to be approached F Irst and (vi) Remedial Measures.

Q. 152. What Is Res-judicata In relation to writ jurisdiction?

Ans aw} petition has been considered and dismissed, the same petition on the same ground cannot be
fIled In the same court again.
‘IQ.153.WhatIs principle ofconstruetive res-judicata?

JAM. it means that a plea which could have been taken by a party in a 'proceeding between him and his
opponent, If not taken at a proper time would disentitle that party to take that plea against the same
party in a subsequent proceeding on the same cause of action. .

Q. 154. Against whom a ert can be issued? Ans. (i) State; (ii) Other authorities; and (iii) Any person
having statutor) or public duty. Q. ISS. Are the Tribunals recognised under the Indian Constitution? Ans.
Yes. 0