Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
Q 1. Upon a suit of a plaintiff, a civil court passes a decree restraining the encashment of the cheque given to the respondent by the plaintiff only for security purposes, however, on the other hand, the criminal court proceeded against the decree-holder/plaintiff for the dishonor of cheque under the Negotiable Instruments Act, 1882. Decide the liability of the plaintiff/decree-holder.a....
Q 1. Upon a suit of a plaintiff, a civil court passes a decree restraining the encashment of the cheque given to the respondent by the plaintiff only for security purposes, however, on the other hand, the criminal court proceeded against the decree-holder/plaintiff for the dishonor of cheque under the Negotiable Instruments Act, 1882. Decide the liability of the plaintiff/decree-holder.
a. The plaintiff would be held liable for the dishonor of the cheque.
b. The plaintiff wouldn't be held liable for cheque dishonor as the decision of the civil court would be binding on the criminal courts to the extent of sentences or damages awarded by the criminal courts making them unsustainable in law.
c. The plaintiff would be held liable for cheque dishonor as the decisions of the civil court aren't binding on the criminal court.
d. Both (a) and (c)
Answer: Option (b)
Explanation: Recently, the Supreme Court observed that though the outcome of the proceedings initiated under civil law would not have any binding effect on the outcome of the proceedings initiated under criminal law, however, the outcome of the civil proceedings would be binding on the criminal proceedings only to the extent of holding the sentences or damages arising out of criminal proceedings as unsustainable in law.
Are Civil Courts' Decrees Binding On Criminal Courts? Supreme Court Explains
Q 2. Mr. X in good faith filed an application seeking the execution of a decree with the Tehsildar Court (treating it as an appropriate forum), however after five years it came to know that the Tehsildar Court wasn't an appropriate forum to execute the decree. Now, Mr. X wants to file an execution application before the concerned court and seek the condonation of delay while computing the limitation period under Section 14(2) of the Limitation Act. Decide.
a. Mr. X would be entitled to claim benefits under Section 14(2) of the Limitation Act.
b. The delay can be condoned as there was no malafide intention on the part of Mr. X to contest litigation at the wrong forum.
c. Section 14(2) of the Limitation Act carves out an exception excluding the period of limitation when the proceedings are being pursued with due diligence and good faith in a Court.
d. All of the above
Answer: Option (d)
Explanation: The Supreme Court held that the time consumed in contesting bonafide litigation by the litigant at a wrong forum (believing it to be appropriate) would be excluded while computing the period of limitation under Section 14(2) of the Limitation Act.
Q 3. In the event of the possibility of two views, the trial Court acquitted the accused, however, the High Court reversed the acquittal into conviction. Decide whether the High Court can interfere with the Trial Court's order.
a. The High Court can't interfere with the Trial Court's order despite the non-existence of two views regarding the conviction of the accused.
b. The High Court can't interfere with the acquittal even when the trial court's findings are perverse.
c. In the event of the possibility of two views, the High Court should only interfere when the findings of the trial court were perverse or impossible.
d. Both (a) and (b)
Answer: Option (c)
Explanation: The Supreme Court reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial court's order of acquittal unless the view taken by the trial court was perverse.
Q 4. It was alleged by the prosecutrix that the accused being a relative of hers had forceful sexual intercourse with her. The prosecution argued that the accused was in a position of trust (he being acquainted with the prosecutrix) will invite clause (f) of Section 376(2) of the IPC, therefore, a presumption against the accused would arise in Section 114A of Evidence Act to prove his innocence. Decide the liability of an accused.
a. The burden of proof will be on the accused to prove his innocence.
b. There will be no burden of proof on the accused unless the law specifically puts the burden of proof on him.
c. Since the accused was in a position of trust, therefore, a presumption would arise against the accused to prove his innocence.
d. Both (a) and (c)
Answer: Option (b)
Explanation: The Supreme Court, while acquitting a person accused of the offence of rape, observed that the accused does not have to lead evidence to prove his innocence unless the law specifically puts the burden of proof on him.
“We may also add here that in our jurisprudence unless there is a specific legislative provision which puts a negative burden on the accused, there is no burden on the accused to lead evidence for proving his innocence. The accused may have some burden to discharge in case of a statutory prescription, such as Section 114A of the Evidence Act. In this case, the burden was on the prosecution to lead evidence to prove the guilt of the accused beyond a reasonable doubt.”, the court said.
Accused Not Obligated To Lead Evidence Of His Innocence Unless Specified By Law: Supreme Court
Q 5. A police officer calls on the prosecution witness before the Police Station a day before the recording of their statements in court. The next day the prosecution witness deposed against the accused. The defence objected to the prosecution's witness statement citing that the police tutored the witnesses to depose against the accused. Decide.
a. The accused wouldn't be acquitted as there is no bar for the police to tutor the witnesses to depose in a certain manner.
b. The accused would be acquitted as it is impermissible for the police to tutor the prosecution to depose in a certain manner.
c. The statement deposed by the prosecution witnesses should be discarded as there arises an adverse inference against the prosecution case.
d. Both (b) and (c)
Answer: Option (d)
Explanation: The Supreme Court stated that the police cannot be allowed to tutor the witnesses to depose in a certain manner.
"Their evidence will have to be discarded as there is a distinct possibility that the said witnesses were tutored by the police on the earlier day. This kind of interference by the Police with the judicial process, to say the least, is shocking. This amounts to gross misuse of power by the Police machinery. The Police cannot be allowed to tutor the prosecution witness.”, the court observed.
Q 6. The accused who was a 'child in conflict of law' under the Juvenile Justice Act was convicted in a trial as an 'adult' without the preliminary assessment regarding his physical and mental capacity to commit the crime. Decide.
a. The conviction cannot be sustained as the mandatory requirements under the JJ Act were not fulfilled.
b. Because the accused was a 'child in conflict of law' when the offence was committed, therefore the preliminary assessment needs to be carried out by the Juvenile Justice Board to ascertain his mental and physical capacity to commit the crime.
c. It is only after the preliminary assessment that it would be decided whether the Juvenile needs to be held in trial as an adult or not.
d. All of the Above.
Answer: Option (d)
Explanation: Recently, the Supreme Court held that the conviction of the accused child who was a 'child in conflict with law' cannot be sustained unless the preliminary assessment to ascertain the physical and mental capacity of the child to commit the crime and the need to try the child as an adult or a juvenile was adhered to as the mandatory requirements under the Juvenile Justice Act, 2015.
Q 7. A resolution plan submitted under the Insolvency and Bankruptcy Code (IBC) by the successful resolution applicant was approved by the Committee of Creditors (CoC), however, the resolution applicant sought modification of the resolution plan based on the revised outstanding debt on the corporate debtor. Decide.
a. The modification in the resolution plan can be allowed even after the approval of the CoC.
b. The modification in the resolution plan cannot be allowed once the resolution plan is approved by the CoC.
c. Once the resolution plan is approved by the CoC it is binding on all stakeholders.
d. Both (b) and (c)
Answer: Option (d)
Explanation: The Supreme Court reiterated that once a resolution plan is approved by the Committee of Creditors (“CoC”) then it becomes impermissible for the resolution applicant to withdraw or modify the resolution plan.
Q 8. While recording the statements of the POCSO Victim, her identity was revealed during the trial. Whether the identity of the POCSO victim be disclosed as per Section 33(7) of the POCSO Act?
a. The identity of the victim cannot be disclosed unless the special court permits.
b. The requirements of Section 33(7) of the POCSO Act are directory in nature.
c. In the Nipun Saxena case, the Supreme Court held the provision of Section 33(7) being mandatory, therefore the identity of the victims should not be disclosed except with the prior approval of the special court.
d. Both (a) and (c)
Answer: Option (d)
Explanation: Recently, while expressing concern over the disclosure of the victim's name while recording her statements in the POCSO case, the Supreme Court called for the sensitization of the Judicial and Police Officers in the State of West Bengal.
Q 9. A consumer complaint under the 1986 Consumer Protection Act was filed by the insured against the rejection of the claim of the insurance amount by the insurer. The insurer objected to the insured claim on the note that the insured company doesn't come under the definition of 'person', therefore it's not eligible to file a consumer complaint under the 1986 Act. Decide.
a. The claim of the insured company can be rejected as the definition of 'person' under the 1986 Act doesn't include corporate entity/company.
b. The claim of the insured company cannot be rejected as the definition of 'person' under the 1986 Act was broad to even cover corporate entities.
c. The claim of the insured company was rightly rejected by the insurer as the insured was working for commercial purposes making it impermissible to file an insurance claim.
d. Both (a) and (c)
Answer: Option (d)
Explanation: In a significant development, the Supreme Court held that the corporate entity/company wouldn't be barred under the old Consumer Protection Act of 1986 to be treated as a 'person' for filing a consumer complaint.
Setting aside the order of the National Consumer Disputes Redressal Commission, the Bench Comprising Justices B.R. Gavai and Sandeep Mehta observed that although the word 'person' doesn't specifically include a corporate entity however, the definition of 'person' as provided in the Act of 1986 is inclusive to even cover corporate entities/company as a person eligible to file an insurance claim.
Corporate Entity's Complaint Maintainable Under Consumer Protection Act 1986: Supreme Court
Q 10. State 'A' approached the Supreme Court against the limits imposed by the Central Government to allow the State to raise additional borrowings under Article 293 of the Constitution. Decide the most appropriate option.
a. The state can't approach directly to the Supreme Court under Article 131 of the Constitution.
b. The Central Government can't impose limits even if the State has surpassed its borrowing limits.
c. If the financial hardship caused in the State is due to the State's financial mismanagement, then the state couldn't claim interim relief seeking the Supreme Court's indulgence to direct the Central Government to lift the limits imposed by the central government.
d. Both (a) and (b)
Answer: Option (c)
Explanation: While refusing interim relief allowing the State of Kerala to raise additional borrowing of Rs 10,722 crores for the financial year 2023-24, the Supreme Court observed that if financial hardships are created by a State's financial mismanagement, then it can't be a ground to seek interim relief.
The questions are drafted by Mr. Yash Mittal, he can be reached at yash@livelaw.in