Tag: high court

Questions Related to high court

Which of the following statements regarding Judiciary in India are correct?
I. Supreme Court of India is free from the control and influence of Legislature and Executive.
II. Subordinate courts are at the head of the judicial hierarchy of the State.
III. The Chief Justice and other Judges of the High Court are appointed by the Governor in consultation with the Chief Justice of India.
IV. A High Court can withdraw a case from a subordinate court and can deal with the case itself if it is satisfied that the case involves a substantial point of constitutional law.

  1. I and II

  2. I and III

  3. I and IV

  4. II, III and IV


Correct Option: C
Explanation:
The Indian Constitution has adopted Single, Integrated and Independent Judiciary. Article 50 of the Constitution of India provides for separation of Judiciary from the Executive. The Constitution has made provisions ensuring the independence of the Supreme Court and High Courts.
Article 228 of the Constitution of India says that the High Court can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. It can either dispose of the case itself or determine the question of law and return it to subordinate court.

Pre-constitution __________ decisions are binding on the __________ unless overruled by the _________.

  1. Supreme Court; Privy Council; High Court

  2. High Court; Privy Council; Supreme Court

  3. Privy Council; High Court; Supreme Court

  4. High Court; Supreme Court; Privy Council


Correct Option: C
Explanation:

The Privy Council was the highest appellate authority of British India for matters arising out of the ordinary law. After the post-independence, the Privy Council was abolished. The Indian constituent assembly passed the abolition of Privy Council Jurisdiction Act 1949 to abolish the jurisdiction of Privy Council in respect of appeals from India and also to provide for pending appeals.  The Supreme court has inherited the jurisdiction of the Privy Council after its abolition. The jurisdiction of the Supreme court under the present constitution is much more extensive than that of the Federal Court and the Privy Council. The Supreme Court is a court of record and can review its own decision. Pre-Constitution Privy Council decisions are binding on the High Court unless it is overruled by the Supreme Court. Supreme Court has the power to overrule the Privy Council decisions and after overruling the decision and not binding.

Which court handles legal disputes that are not of criminal nature?

  1. Civil Court

  2. Criminal Court

  3. Revenue Court

  4. All of the above


Correct Option: A
Explanation:

A civil court handles legal disputes that are not crimes. In civil cases, there is not a prosecution by the government.

Who appoints the judges of the High Court?

  1. State Legislative Assembly

  2. President

  3. Chief Minister

  4. Supreme Court


Correct Option: B
Explanation:

As per the Indian Constitution only President has the power of appointments of judges of High Court.

Where does the government files a case against a criminal?

  1. Civil Court

  2. Criminal Court

  3. Supreme Court

  4. All above


Correct Option: B
Explanation:

In criminal court, the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty beyond a reasonable doubt, which is a very high standard.

The strength of High Court depends upon?

  1. Decided by the Constitution

  2. Fixed by the Chief Minister

  3. Fixed by the President depending upon the workload

  4. Decided by the State Legislative Assemble


Correct Option: C
Explanation:

Fixed by the President depending upon the workload.

Which court deals with the enforcement of civil rights?

  1. Civil Court

  2. Criminal Court

  3. Revenue Court

  4. Tahasildar Court


Correct Option: A
Explanation:

LCCR/EF is concerned only with civil courts, because they deal with the enforcement of civil rights laws. In a civil suit, one party (the plaintiff) who feels they were harmed brings a complaint against another party (the defendant).

The disputes regarding land revenue and land records are settled by the __________ Courts.

  1. Supreme

  2. Revenue

  3. High

  4. Sessions


Correct Option: B
Explanation:

Revenue courts are meant to deal with the revenue related matters of state. Revenue court handle issues such as land ceilings, non-payment of land revenue, tenancy laws, agriculturists and peasants disputes, etc.

District Magistrate Courts are also known as ________.

  1. Criminal Courts

  2. Supreme Courts

  3. High Courts

  4. Sessions Courts


Correct Option: A
Explanation:

The courts in India are divided into three categories. The top court is the Supreme Court, the middle court is the High Court, and the lower court is the District Court. District Magistrate courts deal with the criminal cases at the district level.

At present, there are ________ High Courts in India.

  1. 21

  2. 20

  3. 18

  4. 25


Correct Option: D