Judiciary

Special Judicial Magistrate/ Special Metropolitan Magistrate Vacancy At Mau Judgeship, Uttar Pradesh

Judicial Exam Notifications, Judiciary, Legal Jobs / By /

Special Judicial Magistrate/ Special Metropolitan Magistrate Vacancy At Mau Judgeship, Uttar Pradesh The High Court of Judicature At Allahabad invites applications for the post of Special Judicial Magistrate/ Special Metropolitan Magistrate in Mau Judgeship. Name of the Post: Special Judicial Magistrate/ Special Metropolitan Magistrate Essential Qualification and Experience: A person holds or has held any …

Special Judicial Magistrate/ Special Metropolitan Magistrate Vacancy At Mau Judgeship, Uttar Pradesh Read More »

west bengal judicial service

West Bengal Judicial Service Examination, 2022

Judicial Exam Notifications, Judiciary / By /

West Bengal Judicial Service Examination, 2022 ADVERTISEMENT No.- 19/2022 ADVERTISEMENT The Public Service Commission, West Bengal will hold the West Bengal Judicial Service Examination, 2022 in accordance with the existing rules for recruitment to the posts in West Bengal Judicial Service. The necessary particulars are stated in the following paragraphs. A candidate should verify from …

West Bengal Judicial Service Examination, 2022 Read More »

district judge

Madhya Pradesh Higher Judicial Service (District Judge – Entry Level) Direct Recruitment from Bar, Examination – 2022

Judicial Exam Notifications, Judiciary, Latest Jobs, Legal Jobs / By /

Madhya Pradesh Higher Judicial Service (District Judge – Entry Level) Direct Recruitment From Bar, Examination – 2022 The High Court of Madhya Pradesh invites online applications for the post of District Judge (Entry Level) via Direct recruitment from the Bar. Name of the Post: District Judge (Entry Level) No. of Post: 12 (Twelve) Essential Qualification …

Madhya Pradesh Higher Judicial Service (District Judge – Entry Level) Direct Recruitment from Bar, Examination – 2022 Read More »

Judicial Member

Judicial Member Vacancy at The Central Administrative Tribunal (CAT)

Judiciary, Legal Jobs / By /

Judicial Member Vacancy at The Central Administrative Tribunal (CAT) Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training invites applications for the post of Judicial Member in the Central Administrative Tribunal. Name of the Post: Judicial Member No. of Post: 14 (Fourteen) Essential Qualification and Experience As per Rule 3(5)(b) of the …

Judicial Member Vacancy at The Central Administrative Tribunal (CAT) Read More »

legal job

Special Judicial Magistrates/Special Metropolitan Magistrates Vacancy at Various Districts of Uttar Pradesh

Judicial Exam Notifications, Judiciary, Legal Jobs / By /

Special Judicial Magistrates/Special Metropolitan Magistrates Vacancy at Various Districts of Uttar Pradesh The High Court of Judicature at Allahabad invites applications for the post of Special Judicial Magistrates/Special Metropolitan Magistrates in various districts of Uttar Pradesh. Essential Qualification and Experience • A person shall not be qualified for appointment as a Special Judicial Magistrate unless …

Special Judicial Magistrates/Special Metropolitan Magistrates Vacancy at Various Districts of Uttar Pradesh Read More »

Distinguish between Dishonestly and Fraudulently, Lurking house trespass by night and house breaking, Section 489 A and Section 489 D.

IPC, Judiciary, Mains Questions, Mains Questions & Answers / By /

(i) Distinguish between Dishonestly and Fraudulently. Ans. ‘Dishonestly’ and ‘fraudulently’ are defined in Sections 24 and 25 of the Penal Code respectively. Both words dishonestly and fraudulently appear simultaneously in several offences such as cheating under section 415 of the IPC, forgery under section 463 of the IPC and counterfeit of coins under section 246 …

Distinguish between Dishonestly and Fraudulently, Lurking house trespass by night and house breaking, Section 489 A and Section 489 D. Read More »

Explain and illustrate the proposition that mistake of fact is a good defence while mistake of law is no defence in the code [MPCJ 2010]

IPC, Judiciary, Mains Questions, Mains Questions & Answers / By /

Explain and illustrate the proposition that mistake of fact is a good defence while mistake of law is no defence in the code [MPCJ 2010] Ans. Section 76 and 79 of the IPC draw distinction between the expressions “Mistake of Fact” and “Mistake of law”. These provisions categorically state that if someone by reason of …

Explain and illustrate the proposition that mistake of fact is a good defence while mistake of law is no defence in the code [MPCJ 2010] Read More »

What legal pleas are open to a person charged with defamation?   [MPCJ 2009]

IPC, Judiciary, Mains Questions, Mains Questions & Answers / By /

What legal pleas are open to a person charged with defamation?   [MPCJ 2009] Ans. Section 499 IPC defines the offence of defamation with specificity and particularity and enumerates ten broad Exceptions when statements against a person will not be considered defamatory. The provided exceptions are as under when an accused even after making defamatory statement …

What legal pleas are open to a person charged with defamation?   [MPCJ 2009] Read More »

Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii)  Assault and using criminal force [MPCJ 2009]

IPC, Judiciary, Mains Questions, Mains Questions & Answers / By /

Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii)  Assault and using criminal force [MPCJ 2009] (i) Abetment and criminal conspiracy Ans. Both abetment and criminal conspiracy are inchaote offence. Under section 107 clause secondly one of the recognised mode of abetment is by way of engaging in conspiracy. Subsequent …

Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii)  Assault and using criminal force [MPCJ 2009] Read More »

What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section 149 ? [MPCJ 2009]

IPC, Judiciary, Mains Questions, Mains Questions & Answers / By /

What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section 149 ? [MPCJ 2009] Ans. In a group liability pertaining to an unlawful assembly a …

What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section 149 ? [MPCJ 2009] Read More »

THE REGISTRATION ACT: Short Title & Object

Judiciary, Judiciary Notes, The Registration Act / By /

THE REGISTRATION ACT SECTION 1: SHORT TITLE, EXTENT AND COMMENCEMENT This Act may be called the Registration Act, 1908. It extends to the whole of India, Provided that the State Government may exclude any districts or tracts of country from its operation. 3. It shall come into force on the first day of January 1909. …

THE REGISTRATION ACT: Short Title & Object Read More »

Judicial Services Main Written Examination

Does a police officer, conducting investigation in a cognizable offence, have power to summon, for appearing before him, a witness under Section 160 of the Cr.P.C., who is residing in a different district or is in a different state, or simply who is an outside witness?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Does a police officer, conducting investigation in a cognizable offence, have power to summon, for appearing before him, a witness under Section 160 of the Cr.P.C., who is residing in a different district or is in a different state, or simply who is an outside witness? Answer: Section 160 of the Cr.P.C. is reproduced below: …

Does a police officer, conducting investigation in a cognizable offence, have power to summon, for appearing before him, a witness under Section 160 of the Cr.P.C., who is residing in a different district or is in a different state, or simply who is an outside witness? Read More »

Judicial Services Main Written Examination

Who can give complaint to police for an offence for registering FIR?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Who can give complaint to police for an offence for registering FIR? Ans. First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is …

Who can give complaint to police for an offence for registering FIR? Read More »

Whether the anticipatory bail granted can be limited in point of time?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Whether the anticipatory bail granted can be limited in point of time? Ans. As decided in case of GURBAKSH SINGH SIBBIA AND OTHERS V/s. STATE OF PUNJAB reported in 1980 (2) SCC 565, “operation of an order passed under Section 438 (1) be limited in point of time? Not necessarily. The Court may, if …

Whether the anticipatory bail granted can be limited in point of time? Read More »

Whether anticipatory bail can be granted in regard to offences punishable with death or imprisonment for life?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Whether anticipatory bail can be granted in regard to offences punishable with death or imprisonment for life? Ans: There cannot be hard and fast rule to grant or refuse anticipatory bail in regard to offences punishable with death or imprisonment with life. In case of “GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB”- reported in …

Whether anticipatory bail can be granted in regard to offences punishable with death or imprisonment for life? Read More »

Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.? Ans. It Is not proper to fix any formula to grant or refuse anticipatory bail as decided in case of SIDHHARAM SATLINGAPPA MEHTRE V/s. STATE OF MAHARASHTRA reported in – 2011(1) GLH 11, but as a general guiding principles to …

Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.? Read More »

Is it proper to fix any formula to grant or refuse anticipatory bail?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Is it proper to fix any formula to grant or refuse anticipatory bail? Ans. In case of SIDHHARAM SATLINGAPPA MEHTRE V. STATE OF MAHARASHTRA – reported in 2011(1) GLH 11, Hon’ble Apex Court has held… “No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. We are clearly …

Is it proper to fix any formula to grant or refuse anticipatory bail? Read More »

Bail in non-bailable offences by a Judicial Magistrate. Discuss main consideration.

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Bail in non-bailable offences by a Judicial Magistrate. Discuss main consideration. Ans.: Sec. 437 of Cr.P.C. deals with grant of bail in a non-bailable offence. Unlike a bailable offence where bail is a matter of right (under S. 436 Cr.P.C.), grant of bail for a non-bailable offence under the present section is a matter …

Bail in non-bailable offences by a Judicial Magistrate. Discuss main consideration. Read More »

Whether an accused can straightway appear or surrender before Magistrate and furnish bail in case of bailable offences registered with police?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Whether an accused can straightway appear or surrender before Magistrate and furnish bail in case of bailable offences registered with police? Ans: According to Sec.436 (1) “when any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or …

Whether an accused can straightway appear or surrender before Magistrate and furnish bail in case of bailable offences registered with police? Read More »

“Bail or Jail” – Discuss the paramount consideration in this regard.

CrPC, Judiciary, Mains Questions & Answers / By /

Q. “Bail or Jail” – Discuss the paramount consideration in this regard. Ans: There is no strait jacket formula or settled rules for the use of discretion but at the time of deciding the question of “bail or jail” in non-bailable offences court has to utilize its judicial discretion, not only that as per the …

“Bail or Jail” – Discuss the paramount consideration in this regard. Read More »

Whether to grant or refuse bail is a matter of Judicial Discretion?

CrPC, Judiciary, Mains Questions & Answers / By /

Q. Whether to grant or refuse bail is a matter of Judicial Discretion? Ans.: Unlike a bailable offence where bail is a matter of right under 5. 436 Cr.P.C., grant of bail in a non-bailable offence under S. 437 Cr.P.C. or under S. 439 Cr.P.C. is a matter of judicial discretion. The Word ‘judicial discretion’ …

Whether to grant or refuse bail is a matter of Judicial Discretion? Read More »

Law Faculty
error: Content is protected !!