Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1

MCQs based on Current SC Judgments- September 20231. Recently, in Zunaid v. State of UP 2023 LiveLaw (SC) 730, what power did the Supreme Court affirm regarding the Magistrate's authority after receiving the final police report under Section 173 CrPC?a) The Magistrate must accept the final report without any discretion.b) The Magistrate can only order a reinvestigation.c) The Magistrate can exercise discretion to treat a protest petition as a complaint case.d) The Magistrate can only take cognizance of the offense upon the police's recommendation.Answer: c) The Magistrate can exercise discretion to treat a protest petition as a complaint case.Explanation: The Supreme Court in this case ruled that the Magistrate has the discretion to treat a protest petition as a complaint case, even after receiving the final police report under Section 173 CrPC.Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report : Supreme Court2. In which case, the Supreme Court recently clarified that High Courts can quash an FIR under Section 482 CrPC during the pendency of a petition, even if a chargesheet has been filed?a) Abhishek v. State of Madhya Pradesh, 2023 LiveLaw (SC) 731b) Rajesh v. State of MP, 2023 LiveLaw (SC) 814c) Balvir Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 861d) M. Sivadasan v. A.Soudamini, 2023 LiveLaw (SC) 721Answer: a) Abhishek v. State of Madhya Pradesh, 2023 LiveLaw (SC) 731Explanation: The Supreme Court clarified that High Courts can quash an FIR under Section 482 CrPC during the pendency of a petition, even if a chargesheet has been filed.HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency : Supreme Court3. In which recent Supreme Court judgment was it held that a child born from a void or voidable marriage is entitled to parents' share in a Hindu Undivided Family (HUF) governed by Mitakshara law but cannot be treated as a coparcener by birth?a) Revanasiddappa v. Mallikarjun, 2023 LiveLaw (SC) 737b) Munna Pandey v. State of Bihar, 2023 LiveLaw (SC) 744c) Union of India v. Manjurani Routray, 2023 LiveLaw (SC) 745d) UT of Ladakh v. Jammu and Kashmir National Conference, 2023 LiveLaw (SC) 749Answer: a) Revanasiddappa v. Mallikarjun, 2023 LiveLaw (SC) 737Explanation: In the case titled "Revanasiddappa v. Mallikarjun," it was held that a child born from a void or voidable marriage is entitled to parents' share in a Hindu Undivided Family (HUF) governed by Mitakshara law but cannot be treated as a coparcener by birthChildren Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property: Supreme Court4. Recently, In the case of Revanasiddappa vs. Mallikarjun (2023 LiveLaw (SC) 737, what rights did the Supreme Court recognize for children born out of invalid marriages concerning their parents' share in Hindu joint family property?a) They have no rights in their parents' share.b) They are entitled to inherit all the coparcenary property.c) They are entitled to inherit a share in the property of their deceased parents under Hindu Mitakshara law.d) They are entitled to inherit the properties of any coparcener other than their parents.Answer: c) They are entitled to inherit a share in the property of their deceased parents under Hindu Mitakshara law.Explanation: The Supreme Court held that children born out of void/voidable marriages have the right to inherit a share in their parents' property under Hindu Mitakshara lawChildren Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property: Supreme Court5. In the case of succession to Mitakshara coparcenary property, what is the first step to ascertain the shares of the heirs, as per the recent Supreme Court judgment?a) Determine the shares of the heirs first.b) Ascertain the share of the deceased himself in the coparcenary property on the date of death.c) Calculate the total value of the coparcenary property.d) Consult the local revenue department.Answer: b) Ascertain the share of the deceased himself in the coparcenary property on the date of death.Explanation: The Supreme Court, in the case titled "Derha v. Vishal 2023 LiveLaw (SC) 740 highlighted that the first step to ascertain the shares of the heirs in Mitakshara coparcenary property is to determine the share of the deceased himself in the property on the date of death.Hindu Succession Act | To Decide Shares Of Heirs, First Step Is To Ascertain Share Of Deceased In Coparcenary Property On Date Of Death : Supreme Court6. According to the recent Supreme Court judgment when can the power under Section 323 CrPC be invoked by a Magistrate?a) Only before the deposition or examination-in-chief of a witness.b) Only during cross-examination of a witness.c) Even after the deposition or examination-in-chief of a witness.d) Only during the final arguments of the case.Answer: c) Even after the deposition or examination-in-chief of a witness.Explanation: The recent Supreme Court judgment...

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1

Suraj Parmar

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