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

Q1. In which of following recent judgments the Supreme Court emphasized the need for a special Bail Act? a. Satender Kumar Antil v. UOI b. Court on its own motion v. UOI c. Nasib Singh v. State of Punjab d. Marino Bruno v. UOI Answer: a [Satender Kumar Antil v. Union of India] Explanation: In Satender Kumar Antil v. CBI, the Supreme Court observed: "The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails." Q2. Which of the following is not one of the several guidelines laid down by the Supreme Court on the issue of delivery of judgments? a. Courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. b. The practice of printing and scanning documents should be eradicated from the litigation process as it tends to make documents as well as the process inaccessible for an entire gamut of citizens. c. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the "Issue, Rule, Application and Conclusion‟ are easily identifiable. d. None of the Above Answer: d [None of the above] Explanation: The following observations were made by the division bench of the Supreme Court in SBI v. Ajay Kumar Sood: "On the note of accessibility, the importance of making judgments accessible to persons from all sections of society, especially persons with disability needs emphasis. All judicial institutions must ensure that the judgments and orders being published by them do not carry improperly placed watermarks as they end up making the documents inaccessible for persons with visual disability who use screen readers to access them. On the same note, courts and tribunals must also ensure that the version of the judgments and orders uploaded is accessible and signed using digital signatures. They should not be scanned versions of printed copies. The practice of printing and scanning documents is a futile and time-consuming process which does not serve any purpose. The practice should be eradicated from the litigation process as it tends to make documents as well as the process inaccessible for an entire gamut of citizens. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the "Issue, Rule, Application and Conclusion" are easily identifiable. The well-renowned "IRAC‟ method generally followed for analyzing cases and structuring submissions can also benefit judgments when it is complemented by recording the facts and submissions." Q3. The Supreme Court in the recent case of Dauvaram Nirmalkar v. State of Chhattisgarh applied the sustained provocation test while dealing with Exception 1 to Section 300, IPC. Which of the following is true with respect to this test? a. The gravity of provocation has to be seen in light of the history of abuse and not just the final provocative act b. Defence is not available in case of there is evidence of planning or reflection which shows premeditation c. Both a and b are true d. None of the above Answer: c [Both a and b are true] Explanation: The Supreme Court in this case explaining the concept of grave and sudden provocation held that: Last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control. The cumulative or sustained provocation test would be satisfied when the accused's retaliation was immediately preceded and precipitated by some sort of provocative conduct, which would satisfy the requirement of sudden or immediate provocation. Thus, the gravity of the provocation can be assessed by taking into account the history of the abuse and need not be confined to the gravity of the final provocative act in the form of acts, words or gestures. The final wrongdoing, triggering off the accused's reaction, should be identified to show that there was temporary loss of self-control and the accused had acted without planning and premeditation. Q4. The Supreme Court of India held in which of the following recent cases that sexual harassment trials apart from rape cases, must also be held in camera? a. XYZ v. State of Madhya Pradesh b. XYZ v. State of Maharashtra c. XYZ v. State of Haryana d. XYZ v. State of Uttar Pradesh Answer: a [XYZ v. State of Madhya Pradesh] Explanation: Supreme Court in XYZ v. State of Madhya Pradesh observed that it is the duty and responsibility of trial courts to deal with the aggrieved persons before them in an appropriate manner, by allowing proceedings to be conducted in camera, where appropriate, either under Section 327 CrPC or when the case otherwise involves the aggrieved person (or other witness) testifying as to their experience of sexual harassment / violence. ...

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

Paras Ahuja

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