Science of law

 

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1. The purpose of the ‘science of law’ is to achieve:

a. Practical aspects for human conduct

b. Idealistic judicial abstractions

c. Pure knowledge based on reality

d. Judicial purpose.

Answer: (c)

 

Jurisprudence:

The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law." The ethical roots of jurisprudence, with economic overtones, are the clan vital of any country's legal system.[1]

Reference:

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[1] Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha on 19 November, 1979 Equivalent citations: 1980 AIR 1896, 1980 SCR (2) 146

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Section 10A in The Industrial Disputes Act, 1947

 

10A. Voluntary reference of disputes to arbitration.-

(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(1A) 4 Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.

(2) An arbitration agreement referred to in sub- section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within 1 one month from the date of the receipt of such copy, publish the same in the Official Gazette.

(3A) 2 Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub- section (3) issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.

(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.

(4A) 2 Where an industrial dispute has been referred to arbitration and a notification has been issued under sub- section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock- out in connection with such dispute which may be in existence on the date of the reference.

(5) Nothing in the Arbitration Act, 1940 (10 of 1940 ), shall apply to arbitrations under this section.

Legal Awareness Random Notes Part 1

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1) As per Justice Krishna Iyer “Every litigation has a moral and, these appeals have many, the foremost being that the economics of law is the essence of labour jurisprudence.”

2) Arbitration award of an industrial dispute can be passed under Section 10A of the Industrial Disputes Act, 1947.

3) But the jural resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven the consciousness of the court and the corpus juris.

4) The ethical roots of jurisprudence, with economic overtones, are the clan vital of any country's legal system.

5) Capital shall be the brother and keeper of Labour and cannot disown this obligation, because Articles 43 and 43A are constitutional mandates.

6) Subsection (1) of Section 319 of the Criminal Procedure Code empowers Court for addition of new accused in a case.

7) The Constitutional mandate under Articles 20 and 21 of the Constitution of India, 1950 provides a protective umbrella for the smooth administration of justice making adequate provisions to ensure a fair and efficacious trial so that the accused does not get prejudiced after the law has been put into motion to try him for the offence but at the same time also gives equal protection to victims and to the society at large to ensure that the guilty does not get away from the clutches of law.

8) Certain statutory presumptions in relation to certain class of offences have been raised against the accused whereby the presumption of guilt prevails till the accused discharges his burden upon an onus being cast upon him under the law to prove himself to be innocent.

9) Section 351 of the Criminal Procedure Code, 1898 (`Old Code’), empowered the court to summon any person other than the accused if he is found to be connected with the commission of the offence, who is present in the court during the time of hearing. (This act is repealled but still referred to interpret the new Criminal Procedure Code).

10) Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of Section 319 Cr.P.C.

Legal Awareness Short Notes

Reference:

Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha on 19 November, 1979 Equivalent citations: 1980 AIR 1896, 1980 SCR (2) 146

Section 15 in The Industrial Employment (Standing Orders) Act, 1946: Power to make rules

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15. Power to make rules.—

(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed: Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 

State amendment Maharashtra: Gujarat.—In section 15, in sub-section (2),—

(a) in clause (a), after the words “standing orders”, insert the words “or amendments”;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders”, substitute “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8”. 

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Section 11A in The Industrial Disputes Act, 1947

 Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

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Article 226 Power of High Courts to issue certain writs

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226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

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Article 227 Power of superintendence over all courts by the High Court

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227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

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Administrative law one liner notes - Part 2

 

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

Part 1

·         Both the Union and the states are divided into three great departments, namely,

o   (1) the executive,

o   (2) the legislature, and

o   (3) the judiciary.

·         Executive may act in exercise of the executive power of the Union or of a state or it may act under the authority of a specific statute or subordinate legislation.

·         The exercise of all administrative powers is subject to the rule of law.

·         The legal control may be exercised by three authorities, namely,

o   (1) the legislature,

o   (2) the higher executive, and

o   (3) the judiciary.

·         Administrative law concerns itself mainly with the legal control of the government or of administrative authorities by the courts.

·         In general the public law deals with the relations between the states on the one hand and the individual or groups of individuals or associations on the other hand. Whenever a question arises as to the relationship in various circumstances between the state and the individual, it falls in the domain of public law; for instance, constitutional law, administrative law, criminal law, law of taxation etc., are all branches of public law. 

 

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Administrative law one liner notes - Part 1

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

·         The expression "Administrative Law" may mean two different things, namely,

o   (a) law relating to administration, and

o   (b) law made by the administration.

·         There are again two types of law made by the administration:

o   Rule making - rules, regulations, orders, schemes, bye-laws, etc made by the administrative authorities on whom power to make such subordinate legislation is conferred by a statute.

o   Adjudication - certain administrative authorities have power to decide questions of law and/ or fact affecting particular person or persons generally.

·         Most of such powers to decide questions of law and/ or fact affecting particular person or persons generally are exercised quasi-judicially.

·         Administration is government or a department of government or an agency of the government.

·         Under the Constitution of India the powers of the state are divided between the Union (including the Union Territories) on the one hand and the states on the other hand. 

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One person may sue or defend on behalf of all in same interest O1 R8

Code of Civil Procedure

Rule 8 of Order I of CPC

¹[8. One person may sue or defend on behalf of all in same interest.—(1) Where there are numerous persons having the same interest in one suit,—

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.

(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.

(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit.

(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2).

(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit.

(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be.

Explanation.— For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.]

Foot note:

1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977).

 

Commentaries:

Order I, Rule 8 provides that persons may be impleaded in representative capacity where they are in large number but having the same interest with the provision of the court. [1][2]

Authorities:

[1] Diwakar Shrivastava & Ors. V. State of Madhya Pradesh & Ors, AIR 1984 SC 468

[2] http://www.nja.nic.in/16%20CPC.pdf

Commission for scientific investigation O26 R10A

The detailed provisions for issuing commands under Section 75 of CPC are set forth in Order 26 Rule-10A of CPC [1] which are as under;

"Rule 10A- Commission for scientific investigation-(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice as to do, issue a Commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9."

 

Commentaries:

A perusal of the rule shows that a discretion has been vested in the Civil Court to get any scientific investigation (Section 75 Clause (e)) conducted only if it needs necessary or expedient in the ends of justice. The basic rationale of this provision is that the Commission is going to held in extracting the truth. There is established procedure known to law that the Commissioner's report form part of the record and the same becomes evidence as a whole in the suit.[1]

It is not safe for a Court to act as an expert and to overrule the elaborate report of a Commissioner whose integrity and carefulness is unquestionable whose careful and laborious execution of task was proved by his report and who had not blankly adopted the assertions of either party.[1] 

Report of a commission appointed by the Court is entitled to be accepted in its entirety as an evidence under Section 45 of the Evidence Act. 

An order passed in the incidental proceedings will have a direct bearing on the result of the suit. [1]

Commissioner whose integrity is unquestionable his elaborate report cannot be overruled by the Court. [1] [2]

A document can be sent to the experts for examination and opinion about the date of printing and the period when it was circulated.[1][3]

Authorities:

[1] The Sunni Central Board Of Waqfs ... vs Gopal Singh Visharad [Allahabad High Court]

[2] AIR 1924 Cal.620, Amrita Sundari Versus Munshi

[3] In 2006 (4) Bom LR 336 Bapu Dhopndi Devkar v. S. Najaokar

Dowry MCQ Part 4

 According to section 498A of IPC any cruelty for dowry to a woman by the husband or his relatives is

a) a non-bailable offence with up to three years jail and fine

b) a bailable offence with up to three years jail and fine

c) an offence with fine up to 5 thousand rupees

d) a non bailable offence with up to seven years jail and fine

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Punishment for Dowry Death is

A. Death Punishment

B. Imprisonment not less than 7 years and may extend to life

C. Imprisonment upto 10 years and fine upto Rs. 50,000/-

D. No imprisonment, only fine.

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Which Court shall try an offence under Dowry Prohibition Act, 1961 if the offence is committed in Mumbai?

A. Judicial Magistrate First Class

B. Metropolitan Magistrate

C. High Court

D. Family Court

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Dowry MCQ Part 3

 Dowry Prohibition Officer is appointed by :

(a) The State Government (b) The District Judge

(c) The Chief Justice of High Court (d) The Chief Justice of Supreme Court

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Who ever commits Dowry death shall be punished with :

(a) Five year rigorous imprisonment

(b) Life imprisonment

(c) Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life

(d) Only fine

============

As per the Dowry Prohibition Act, 1961, when any person is prosecuted for taking or abetting the taking of dowry then the burden of proving that he/she has not committed the offence lies with whom ?

A.The person who is being prosecuted

B.The local counselor

C.The marriage registrar

D.All the above

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According to the Dowry Prohibition Act 1961, what is the punishment for giving or taking or demanding or accepting dowry?

a) Up to 5 thousand rupees fine

b) Up to six months imprisonment and / or up to 5 thousand rupees fine

c) Up to three months punishment and/or up to one thousand rupees fine

d) Up to one year punishment and/or up to ten thousand rupees fine

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Dowry MCQ Part 2

 The term Dowry is defined in Section ____ of Dowry Prohibition Act, 1961.

(a) 3 (b) 2

(c) 4 (d) 5

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Dowry means any _______.

(a) Property (b) Valuable Security (c) Both (a) and (b) (d) None of the above

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Which section of the Indian Evidence Act, presumes dowry death of a woman ?

(a) Sec. 113-A (b) Sec. 113-B

(c) Sec. 112 (d) Sec. 114

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Section 113-A of the Evidence Act deals with ______.

(a) Presumption as to abetment of suicide by a married woman

(b) Presumption as to dowry death

(c) Presumption as to legitimacy of child

(d) None of the above

================

According to Section 304 B, IPC, where the death of woman is caused by any burns or Bodily injury under abnormal circumstances within _____ years of a marriage such death is called dowry death.

(a) Five years (b) Seven years

(c) Ten years (d) None of above

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Indian Parliament has passed the Dowry Prohibition Act, in the year ______.

(a) 1860 (b) 1961

(c) 1923 (d) 1947

==========

Which of the following is an offence under Section 304-B of the Indian Penal Code ?

(a) Dowry death (b) Giving dowry

(c) Taking dowry (d) All of the above

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____ essential ingredients have to be established before the offence under S. 304 B can be established as to dowry death.

(a) Two (b) One

(c) Three (d) Four

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Dowry MCQ Part 1

In special circumstances, the court can impose a sentence of imprisonment for up to ________ months for the offence of offering dowry through advertisement:

A. 6 months B. 8 months

C. 7 months D. 10 months

==============

Section ______ of the Dowry Prohibition Act, 1961 defines the word ‘Dowry’.

(a) Section 2 (b) Section 3

(c) Section 4 (d) None of above

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Penalty for taking dowry under Section 3 of the Dowry Prohibition Act, is

(a) Imprisonment of 5 years and fine from 15,000.

(b) Life imprisonment.

(c) Only fine upto 1 lakh.

(d) None of the above.

==============

Section 304 B of the Indian Penal Code deals with dowry deaths added by

(a) Indian Penal Code (Amendment) Act, 1983.

(b) Amendment Act, 1983.

(c) The Criminal Law (Amendment) Act, 1983.

(d) None of the above.

Note: It is Amendment Act, 1986. Dowry prohibition Act (Amendment Act, 1986 (43 of 1986) with effect from November 19,1986.

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Sexual Harassment at Workplace MCQ Part 4

Sexual harassment of women at working place has been included in the conduct rules after the judgement of Supreme Court in :

(a) Indra Sawhney vs. U.O.I. (b) Vishakha vs. State of Rajasthan

(c) Sheela Barse vs. U.O.I. (d) Shahabano’s case

============

“Chairperson” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 means?

(a) Chairman of Parliamentary Committee on Women

(b) Minister of Women and Child Development

(c) Chairperson of National Women’s Commission

(d) Chairperson of the Local Complaints Committee

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Which among the following is a “sexual harassment” as defined under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) physical contact and advances

(b) a demand or request for sexual favours

(c) showing pornography

(d) All the above

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Which among the following constitutes “sexual harassment” according to the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

a) Unwelcome physical contact and advances, or unwelcome sexually colored remarks

b) Trafficking

c) Acid attack

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Can any person with information about a sexual harassment incident file a complaint to the Complaints Committee?

a) Yes, only with written consent of the complainant

b) Yes, even without written consent of the complainant

c) No

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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force on?

(a) 22 April 2013

(b) 9 December 2013

(c) 21 August 2014

(d) 22 January 2015

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Sexual Harassment at Workplace MCQ Part 3

Which of the following landmark cases pointed out to the Supreme Court through a letter, which was treated as PIL, that the guidelines issued in Vishakha's case were not being implemented in the establishments?

A. Medha Kotwal Lele's Case

B. Meghna Kotwal Lele's case

C. Medha Patkar case

D. None of the above

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Which of the following may amount to sexual harassment under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) implied or explicit promise of preferential treatment in her employment

(b) implied or explicit threat of detrimental treatment in her employment

(c) humiliating treatment likely to affect her health or safety

(d) All the above

==============

Which of the following can provide redressal in case a female domestic worker files a sexual harassment complaint against her employer?

a) Women’s Cell

b) Internal Complaints Committee

c) Local Complaints Committee

==============

“Employee” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 means?

(a) regular employee

(b) temporary employee

(c) adhoc/daily wage employee

(d) All the above

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Which among the following does not come under the meaning “workplace” under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) any private sector organisation

(b) hospitals or nursing homes

(c) any sports institute, stadium, sports complex

(d) None of these

============

What is the purpose of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013?

(a) provide protection against sexual harassment of women at workplace

(b) prevention and redressal of complaints of sexual harassment

(c) Both a and b above

(d) None of these

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Sexual Harassment at Workplace MCQ Part 2

Vishakha and others V. State of Rajasthan deals with :

(a) Child Marriage (b) Sexual Harassment

(c) Bonded Labour (d) None of the above

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Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 received the assent of the President on?

(a) 8 March 2013

(b) 22 April 2013

(c) 8 December 2012

(d) 22 March 2013

=============

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) women b) men

c) both men and women

===========

Every offence under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 shall be?

(a) non-bailable

(b) cognizable

(c) bailable

(d) non-cognizable

==============

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) Only organized sector

b) Only unorganized sector

c) Both organized and unorganized sectors

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Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 is Act ___ of 2013?

(a) 14 (b) 37

(c) 32 (d) 9

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates every organization to have a committee to redress sexual harassment complaints filed by women employees. The committee is called

a) Women’s Cell

b) Internal Complaints Committee

c) Local Complaints Committee

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Sexual Harassment at Workplace MCQ Part 1

Vishaka and other Vs. State of Rajasthan deals with _____.

(a) Rape (b) Sexual harassment at work place

(c) Bigamy (d) Dowry

==========

__________ provides protection to Women from sexual harassment at all workplaces both in public and private sector, whether organised or unorganised.

(a) Special Marriage Act

(b) National Commission for Women Act

(c) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

(d) All of the above

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies to

a) the whole of India

b) the whole of India except Jammu and Kashmir

c) the whole of India except north-eastern states

d) the whole of India except union territories

==============

Section 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 deals with?

(a) Complaint of sexual harassment

(b) Inquiry into complaint.

(c) Constitution of Internal Committee

(d) Prohibition of publication or making known contents of complaint and inquiry proceedings

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Where the employer fails to constitute an Internal Committee as provided under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, he/she shall be punishable with fine which may extend to?

(a) Rs. 25,000/-

(b) Rs.10,000/-

(c) Rs.50,000/- if previously convicted punishment twice the earlier punishment

(d) Rs.1 Lakh

=============

In ______, the Supreme Court has emphasised the need for an effective legislation in India to curb sexual harassment of working women and laid down number of guidelines to that effect.

(a) Vishaka Vs. State of Rajasthan

(b) Apparel Export Promotion Council Vs. A.K. Chopra

(c) Both (a) and (b)

(d) None of above

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Constitutional Provisions for women welfare Part 6

 Which of the following article of the Constitution of India provides for equal pay for equal work for both men and women:

A. Article 39 ( c)

B. Article 39 ( d)

C. Article 39( b)

D. Article 39 ( a)

==========

Which Article of the Indian Constitution abolishes untouchability?

A. Article 21

B. Article 17

C. Article 14

D. Article 51A

==========

Social, economic and political Justice is

A. guaranteed by Fundamental Rights in the Constitution of India

B. guaranteed to the people by the writs issued by the High Courts and Supreme Court

C. an idea enshrined in the Preamble to the Constitution of India

D. a Directive Principle of State Policy taken into consideration while making enactments

============

Which Directive Principle of State Policy issues direction in favour of women and children: —

(a) Article 42 (b) Article 48. (c) Article 39. (d) Article 36.

============

Section 497, IPC, which punishes only the male counterpart in the offence of adultery and exempts the women from punishment is violative of :

(a) Art. 14 (b) Art. 15(1) (c) Both (a) and (b) (d) None of above

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Which Article in the Directive Principles of State Policy issues direction in favour of women and children?

(a) Article 42 (b) Article 48 (c) Article 39 (d) Article 36

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In _______ case/cases the SC held that Section 497 of IPC, which punishes only the Male counterpart in the offence of adultery and exempts the women from punishment, is not violative of Art. 14 and 15(1).

(a) Yosuf Abdul Aziz Vs. State of Bombay

(b) Sowmitri Vishnu Vs. UOI

(c) Both (a) and (b)

(d) None of above

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The Supreme Court, by invoking provisions of Article ______ may allow the dissolution of Marriage through mutual consent before the cooling period of six months, under the Hindu Marriage Act.

(a) Article 226 (b) Article 227 (c) Article 142 (d) Article 151

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Constitutional Provisions for women welfare Part 5

 Directive Principles of state policy are contained in __ part of the constitution of India.

(a) Part V from Articles 50 to 63

(b) Part IV from Articles 42 to 51

(c) Part IV from Articles 36 to 51

(d) Part III from Articles 12 to 35

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The provision for Uniform Civil Code is given in the following law :

(a) Constitutional law

(b) CPC

(c) Cr. P.C.

(d) Hindu Marriage Act, 1955

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Article 23 of Indian Constitution relates with _____.

(a) Right to life

(b) Right to livelihood

(c) Right to wages

(d) Prohibition on traffic in human beings and forced labour

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Article 42 of the Indian Constitution makes provision for :

(a) Securing just and humane conditions of work and maternity relief

(b) Equal Pay for Equal Work

(c) To renounce practices derogatory to the dignity of Women

(d) Right to adequate means of livelihood.

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The 73rd and 74th Amendments to the Indian Constitution effected in 1992 provide for reservation of seats to the women in elections to the :

(a) Panchayat and the Municipalities

(b) Vidhan Sabha

(c) Lok Sabha

(d) None of the above

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Constitutional Provisions for women welfare Part 4

 Fundamental duties has been incorporated in Article 51-A by the _____.

(a) 42nd Amendment 1976

(b) 43rd Amendment 1977

(c) 42nd Amendment 1972

(d) 44th Amendment 1978

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Which article of the Constitution provides for reserving seats of women in Municipalities, with powers and authority?

(a) Article–243 D (b) Article–243 T

(c) Article–244 D (d) Article–245

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In ______ case Supreme Court held that the Sec. 9 of Hindu Marriage Act, 1955 does Not violate Art. 21 (Personal liberty), Art. 14 (Right to equality) of the Constitution but idea of Sec. 9 is to preserve the marriage.

(a) T. Saritha Vs. T Venkata Subbaiah

(b) Smt. Harvinder Kaur Vs. Harmander Singh

(c) Saroj Rani Vs. Sudarshan Kumar

(d) All the above

============

The 73rd and 74th Amendments (1993) to the Constitution of India have provided for women_______.

(a) Reservation of Seats in Municipalities

(b) Reservation of Seats in Panchayats

(c) Reservation of Seats in the Local Bodies of Panchayats and Municipalities

(d) None of the above

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The National Commission for Women is a ______.

(a) Constitutional body (b) Statutory body

(c) Independent body (d) None of the above

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Constitutional Provisions for women welfare Part 3

 Which Article of the constitution of India prohibits traffic in human beings and forced labour

(a) Article 21.

(b) Article 32.

(c) Article 23.

(d) Article 19.

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To renounce practices derogatory to the dignity of women is a ______ incorporated in Constitution of India.

(a) Fundamental Right (b) Directive Principle (c) Fundamental Duty (d) Legal Duty

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Maternity Benefit Act, 1961 has been enacted by the legislature to enforce Article _____ of the Constitution.

(a) 14 (b) 21 (c) 39 (d) 42

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The _________ amendments to the Indian Constitution effected in 1992 provides for reservation of seats to the women in Elections to the Panchayat and the Municipalities.

(a) 73rd and 74th (b) 42nd and 43rd

(c) 86th and 87th (d) 90th and 91th

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‘‘It is matter of regret that Art, 44 of our Constitution has remained a dead letter,’’ said :

(a) Chief Justice Y.V. Chandrachud (b) Chief Justice Bhagawati

(c) Justice D. Chinnappa Reddy (d) Justice Kuldip Singh

==========

Fundamental Rights are contained in ________ part of the Constitution of India.

(a) Part IV from Articles 36 to 51

(b) Part V from Articles 50 to 63

(c) Part III from Articles 12 to 35

(d) Part IV from Articles 42 to 51

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Constitutional Provisions for women welfare Part 2

 Which one of the following features has been wrongly listed as a feature of Right to Equality?

A. It ensures equality in the matter of appointment to offices under the State.

B. It abolishes all titles, other than academic and military.

C. It abolishes untouchability.

D. It prohibits special treatment of any section of society including the women and children, etc.

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No child under the age of 14 years is allowed to work in hazardous industry under Article:

A. 15(3)

B. 23

C. 24

D. 45

==========

Equal pay for equal work provided under the constitution of India as per - - - - -

(a) Article 12(d) (b) Article 13(d)

(c) Article 39(d) (d) Article 40(d)

===========

Article —— of the Constitution of India directs the state to secure for the citizens a uniform civil code throughout the territory of India.

(a) 42. (b) 45. (c) 43. (d) 44.

============

The National Commission for women was created by —— .

(a) An amendment in the constitution of India.

(b) An act passed by the Parliament.

(c) An order of the President of India.

(d) A decision of the Union Cabinet.

============

The Indian Constitution is —— .

(a) an unwritten Constitution.

(b) a written Constitution.

(c) largely based on the Rule of law.

(d) A gift of British Parliament.

==========

All Acts passed by the Indian parliament must be published in

a) Bulletin of the President’s office

b) The Gazette of India

c) Bulletin of the Prime Minister’s office

============

Constitutional Provisions for women welfare Part 1

 Article — of the Indian Constitution provides that state can make special laws for women.

(a) 15 (3). (b) 16 (6).

(c) 14 (3). (d) 13 (3).

===========

The State can make special provisions for women under Article ________ of the Constitution of India.

(a) 15(1) (b) 15(2) (c) 15(3) (d) 15(4)

===============

Article 15(3) of the Constitution of India empowers the State to make special provisions for ______.

(a) Reservation in employment for freedom fighters

(b) Women and children

(c) Reservation in employment for physically handicapped persons

(d) Relaxation of minimum qualifying marks for admission to those belonging to SC and ST category

============

State can make special provisions for women.

A. Statement is true according to Article 15(3) of the Constitution of India

B. Statement is false according to Artice 15(3) of the Constitution of India

C. Statement is true according to Artice 15(4) of the Constitution of India

D. Statement is true according to Artice 15(2) of the Constitution of India

=============

Under the Indian Constitution special provisions can be made for women and children under which of the following articles:

A. Art. 14

B. Art. 15 (3)

C. Art. 16 (4)

D. Art. 17

===============

In India, which is a comprehensive anti-discrimination law addressing all aspects of direct and indirect discrimination against women?

a) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

b) There is no such law

c) National Commission for Women Act

d) Protection of Women from Domestic Violence Act

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Special Marriage Act MCQ Part 1

 Special Marriage Act

Special Marriage Act provides for marriage between

(a) Hindu.

(b) Muslim.

(c) Foreigners.

(d) All religion. è

==============

Special Marriage Act covers :

(a) Hindu Marriages

(b) Muslim Marriages

(c) Inter-religious Marriages è

(d) Parsi Marriages

================

Renunciation of world and resumption of death are the ground of divorce available in India only under:

(a) Hindu law

(b) Hindu and Muslim law

(c) Hindu law and special marriage act è

(d) None of the above

===========

What is the number of witnesses required if marriage is to be solemnized under the Special Marriage Act, 1954?

(a) Two (b) Three è

(c) Four (d) Five

===============

Petition for divorce under Special Marriage Act, 1954 is to be filled in the court of :

(a) Civil Judge Junior Division (b) Civil Judge Senior Division (c) District Court (d) High Court

============

The Hindu Marriage Act, 1955 provides special grounds to Hindu wife for judicial Separation and divorce. They are :

(a) Remarriage by Husband

(b) Husband found guilty of rape, sodomy and bestiality

(c) Option of puberty

(d) All the above

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Section 13-B of Hindu Marriage (Amendment) Act, 1976 and Section 28 of the Special Marriage Act 1954 are in ______.

(a) Pari Materia (b) Per Capita

(c) Perstrips (d) Both (b) and (c)

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Registration of marriage under Special Marriage Act is

(a) Mandatory

(b) Optional

(c) Only (1) & not (2)

(d) Both (1) & (2)

===============

Muslim Law MCQ Part 7

 Under the dissolution of Muslim Marriages Act,1939, the Muslim Wife can seek Divorce on the following grounds:

A. Husband is missing for four years or more

B. Failure to maintain for a period of one year

C. Imprisonment for 3 years.

D. Bigamy.

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‘Talaq ahsan’ is :

(a) Revocable during the tuhr in which it has been pronunced

(b) Revocable until the next successive tuhr

(c) Revocable during the period of iddat

(d) Irrevocable

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Husband who is sane and adult compares his wife to his mother or any other female within the prohibited degrees. This is called :

(a) Talaq (b) Ila (c) Zihar (d) Lian

============

Where a husband charges his wife of adultery and the charge is false, his wife is ethical to sue for and obtain divorce which is:

A. Khula

B. Lian

C. Mubara’at

D. Zihar

==============

A Mohammedan male of _____ may contract any number of Muta marriages.

(a) Ithna Ashari sect of the Shias

(b) Isamil sect of the Shias

(c) Zayadia sect of the Shias

(d) All the above

==============