The High Court

Total Questions: 42

31. Which High Court stated that the divorce, by saying "Talaq 3 times, is illegal? [39th B.P.S.C. (Pre) 1994]

(a) Calcutta HC
(b) Allahabad HC
(c) Bombay HC
(d) Punjab HC

Correct Answer: (b) Allahabad HC

Solution:Allahabad High Court decided in the case of Rahmatullah Vs State of UP 1994 that the divorce by saying Talaq for 3 times is illegal. It violates articles 14 and 15. It is noteworthy that under The Muslim Women (Protection of Rights on Marriage) Act, 2019, any pronouncement of Talaq by a Muslim husband upon his wife, by words either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

32. Who became the Chief Justice of Chhattisgarh High Court in 2008? [Chhattisgarh P.C.S. (Pre) 2013]

(a) Rajeev Gupta
(b) S.R. Nayak
(c) Anang Kumar Patnaik
(d) K.H.N. Kuranga
(e) W.A. Shishak

Correct Answer: (a) Rajeev Gupta

Solution:Shri Rajeev Gupta became the Chief Justice of Chhattisgarh High Court on 2 February, 2008. He was Chief Justice of Uttarakhand High Court before becoming the Chief Justice of Chhattisgarh High Court. Current Chief Justice of Chhattisgarh High Court is Justice Ramesh Sinha.

33. Name the Chairman of the 'Law Commission' who advocated that One-third of the Judges in each High Court should be from another State. [Jharkhand P.C.S. (Pre) 2013]

(a) Justice P.N. Bhagwati
(b) Justice Hidayatullah
(c) Justice H.R. Khanna
(d) Justice Chandrachud

Correct Answer: (c) Justice H.R. Khanna

Solution:The Chairman of & Law Commission of India, Justice H. R. Khanna in 80- report of the commission recommended that at least one-third Judges of the High Court should be from other States ("The Method of Appointment of Judge's).

34. The term District Judge is mentioned in which of the following Article of Constitution? [Chhattisgarh P.C.S. (Pre) 2016]

(a) Article 230
(b) Article 231
(c) Article 232
(d) Article 233
(e) None of the above

Correct Answer: (d) Article 233

Solution:The term District Judge is mentioned in Article 233 of the Indian Constitution which deals with the appointment of District Judges.

35. According to the Constitution of India the term 'district judge shall not include: [I.A.S. (Pre) 1996]

(a) Chief presidency magistrate
(b) Sessions judges
(c) Tribunal judge
(d) Chief judge of a small cause court

Correct Answer: (c) Tribunal judge

Solution:According to Article 236(a), the expression district Judge includes Judge of a city civil Court, additional district Judge, joint district Judge, assistant district Judge, chief Judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions Judge, additional sessions Judge and assistant sessions Judge. The district Judge shall not include the Tribunal Judge.

36. In the following questions, there are the statements. One is labelled as Assertion (A) and other is labelled as Reason (R): [Chhattisgarh P.C.S. (Pre) 2021]

Assertion (A): The District Judge is the highest judicial authority in the district.

Reason (R): The District Judge has both judicial and administrative powers. He has also supervisory powers over all the subordinate courts in the district.

In the context of the above two statements which of the following in correct?

(a) Both Assertion (A) and Reason (FR) are true and Reason (R) is correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true but Reason (R) is not correct explanation of Assertion (A)
(c) Assertion (A) is true but Reason (R) is false
(d) Assertion (A) is false but Reason (R) is true

Correct Answer: (a) Both Assertion (A) and Reason (FR) are true and Reason (R) is correct explanation of Assertion (A)

Solution:Article 233 of the Indian Constitution defines appointments, posting and promotion of district judges in any state. It shall be made by governor of state in consultation with high court exercising jurisdiction in relation to such state. District Judge is the highest judicial authority in the district. The district judge has both judicial and administrative powers. He has supervisory powers over all the subordinate courts in the district.

37. With reference to India, consider the following statements: [I.A.S. (Pre) 2022]

1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.

2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (b) 2 only

Solution:The Advocates Act, 1961 contains rules and laws pertaining advocates. The major goal of this act is to create a single chars of legal practitioners known as 'advocated. Government law officers, legal firms, corporate lawyers and patent attorneys are recognised as advocates. Thus statement (1) is incorrect According to this act, there must be the establishment of autonomous Bar Councils, one for all of India and another for each state. Thus has councils of India have the power to lay down the rules relating to legal educational and recognition of law colleges. Thus statement (2) is correct.

38. Consider the following statements: [I.A.S. (Pre.) 2023]

Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day- to-day administration of prisons.

Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-1 and Statement-11 are correct and Statement-II is the correct explanation for Statement-1
(b) Both Statement-1 and Statement-II are correct and Statement-II is not the correct explanation for Statement-1
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct

Correct Answer: (a) Both Statement-1 and Statement-11 are correct and Statement-II is the correct explanation for Statement-1

Solution:As per the provisions of the Constitution of India, 'prisons/ "persons detained therein' is a 'State' subject under entry 4 of the Sun List, In India, prisons are governed by the Prisons Act, 1894 which vested the Provincial Governments (now States) the power to make rules on prisons so the responsibility of prison management and prisoners administration solely vests with State Governments who alone are competent to make appropriate legislative provisions in this regard. However, given the crincal role that efficient prison management plays in the criminal justice system, recently, the Ministry of Home Affairs has finalised a comprehensive 'Model Prisons Act, 2023, which may serve as a guiding document for the States, and for adoption in their jurisdiction. Hence statements 1 and 2 are correct and statement 2 is the correct explanation of statement 1.

39. With reference to India, consider the following statements: [I.A.S. (Pre) 2021]

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (b) 2 only

Solution:Police Custody means that police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In former (Police Custody), the accused is lodged in police station lockup while in latter (Judicial Custody), it is the jail. When Police takes a person into custody, the Cr.P.C kicks-in and they were produced him/her before a Magistrate within 24. hours of the arrest During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation being necessary under the facts produced before the court. Cr.P.C. Sec.167-Criminal Procedure - Judicial custody -Interrogation by Police Permissible Magistrate can direct the place and manner - Mere interrogation by Police, during such custody by permission of the Magistrate, cannot change the nature of custody Gian Singh Vs. State (Delhi Administration) 1981.

40. With reference to Lok Adalats, which of the following statements is correct? [I.A.S. (Pre) 2010]

(a) Lok Adalat have the jurisdiction to settle the matters at the pre-litigation stage and not those matters pending before any court.
(b) Lok Adalats can deal with matters which are civil and not criminal in nature.
(c) Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
(d) None of the statements given above is correct.

Correct Answer: (d) None of the statements given above is correct.

Solution:The most important factor to be considered while deciding the cases at the Lok Adalat is the consent of both the parties. It cannot be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. The Lok Adalat is presided over by a sitting or retired judicial officer as the Chairman, with two other members, usually a lawyer and a social worker. Experience reveals that in Lok Adalats it is easier to settle money claims since in most of such cases the quantum alone may be in dispute. Sometimes it also considers criminal offences.

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The High Court

31. Which High Court stated that the divorce, by saying "Talaq 3 times, is illegal? [39th B.P.S.C. (Pre) 1994]

32. Who became the Chief Justice of Chhattisgarh High Court in 2008? [Chhattisgarh P.C.S. (Pre) 2013]

33. Name the Chairman of the 'Law Commission' who advocated that One-third of the Judges in each High Court should be from another State. [Jharkhand P.C.S. (Pre) 2013]

34. The term District Judge is mentioned in which of the following Article of Constitution? [Chhattisgarh P.C.S. (Pre) 2016]

35. According to the Constitution of India the term 'district judge shall not include: [I.A.S. (Pre) 1996]

36. In the following questions, there are the statements. One is labelled as Assertion (A) and other is labelled as Reason (R): [Chhattisgarh P.C.S. (Pre) 2021]

37. With reference to India, consider the following statements: [I.A.S. (Pre) 2022]

38. Consider the following statements: [I.A.S. (Pre.) 2023]

39. With reference to India, consider the following statements: [I.A.S. (Pre) 2021]

40. With reference to Lok Adalats, which of the following statements is correct? [I.A.S. (Pre) 2010]

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