Judicial Service Examination: Questions With Explanatory Answers Based On Latest Supreme Court Judgments

Q1. Which of the following is true with respect to the decision in the 2020 judgment of Tofan Singh v. State of Tamil Nadu? a. NDPS officers are not police officers since they do not file any charge-sheetb. NDPS officers are police officers but confessional statements recorded by them are admissible c. NDPS officers are police officers and therefore confessional statements recorded by them are inadmissible under Section 25 of the Indian Evidence Act, 1872d. None of the above Answer: c Explanation: In Tofan Singh v State of Tamil Nadu, the Supreme Court held by 2:1 majority that officers of the Central & State agencies appointed under Narcotic Drugs and Psychotropic Substances Act are police officers and therefore the 'confessional' statements recorded by them under Section 67 are not admissible. Q2. Which of the following statements is true? a. Anticipatory bail should not invariably be limited to a fixed periodb. The life or duration of an anticipatory bail order automatically ends when charges are framed c. Life or duration of an anticipatory bail order automatically ends when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial except in special and peculiar cases.d. Both b and c Answer: a Explanation: The Supreme Court in the case of Sushila Aggarwal v. State [NCT of Delhi] held that anticipatory bail should not invariably be limited to a fixed period. But if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so, the five judge bench headed by Justice Arun Mishra has held. The Court also held that life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial except in special and peculiar cases. Q3. Which of the following statements if true with respect to Supreme Court's recent decision in PASL Wind Solutions Pvt. Ltd. Vs. GE Power Conversion India Pvt. Ltd? a. Two Indian parties can choose a foreign seat of arbitrationb. Two Indian parties cannot choose a foreign seat of arbitrationc. Two Indian parties can choose a foreign seat of arbitration only with the prior consent of the governmentd. None of the above Answer: a Explanation: The Supreme Court held that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. "Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen to be Indian nationals", the bench headed by Justice Rohinton Fali Nariman observed. Q4. In the case of Rambabu Singh Thakur v. Sunil Arora & Ors., the SC laid down few guidelines to curb the menace of criminalization of politics. Which of the following guideline was laid down? a. Political Parties to update their websites with the details of candidates that have pending criminal casesb. Submission of a report of compliance of these directions to the Election Commission (EC) within 72 hoursc. Failure in following these guidelines must enable the EC to bring a non-compliance notice against the party to the Supreme Court of India.d. All of the above Answer: d Explanation: Six mandatory guidelines laid down in this case are: It shall be mandatory for political to upload on their website detailed information regarding individuals with pending criminal caseswho have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.The reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere "winnability" at the polls.This information shall also be published in: (a)One local vernacular newspaper and one national newspaper; (b)On the official social media platforms of the political party, including Facebook & Twitter. These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier.The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate.If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court's orders/directions. Q5. Daughters shall have coparcenary rights irrespective of whether their father was alive when Hindu...

Judicial Service Examination: Questions With Explanatory Answers Based On Latest Supreme Court Judgments

Paras Ahuja

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