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Question
In a recent case a Supreme Court bench comprising of Justice Dipak Misra and justice Prafulla C Pant held that the amount of maintenance to be awarded under Section 125 of CrPC cannot be restricted for the iddat period (three months) only as of the inherent and fundamental principle behind Section 125. Also, it said that an order under Section 125 CrPC can be passed if a person, despite having sufficient means, neglects or refuses to maintain the wife.
Options
Shamima Farooqui v. Shahid Khan
Mohd. Ahmad Khan v. Shah Bano Begum
Hamida Bano v. Abdul Rasheed
Abdul Kadir v. Salima
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Solution
Shamima Farooqui v. Shahid Khan
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An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified. In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.
Which of the following best describes the tone of the author in this passage?
An appellate court, commonly called an appeals court, court of appeals, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort), which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts may follow varying rules from country to country. The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another. In some places, the appellate court has limited powers of review. Generally speaking, an appellate court's judgment provides the final directive of the appeals courts with regard to the matter appealed, setting out with specificity the court's decision on whether the action that has been appealed should be affirmed, reversed, remanded or modified. In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, US appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. In most US states, and in US federal courts, parties before the court are allowed one appeal as a right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.
What is the correct order in which the final verdict of a case is decided?
Mark the best option:
Which judge tried Mahatma Gandhi’s assassination case?
Examine the Statement and Conclusions given below and choose a suitable answer from the options given:
Statement: A punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority.
Conclusions:
1. An eye for an eye and tooth for a tooth is an example of punishment.
2. The imposition of a fine on someone who inflicted bodily injury on another is justified by the statement.
To which one of the following funds are salary and allowances of the Judges of High Court of a State charged?
Mark the best option:
The Government establishes Gram Nyayalaya for every:
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A suit shall be instituted in the court within whose jurisdiction the cause of action arises, or the defendant actually and voluntarily resides or carries on business, or personally works for gain.
FACTUAL SITUATION: 'Y' carries on business in Mumbai. 'Z' carries on business in Delhi. 'Z' buys goods of 'Y' in Mumbai through his agent and request Y to deliver them at Delhi. Accordingly, 'Y' delivered the goods at Delhi. But he did not get the price of the goods delivered in Delhi. Therefore, he intends to move the Civil Court for recovery of the amount from 'Z'. Which court may approach?
DECISION:
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: A judgment which binds only the parties to a suit in which the judgment was passed is called judgment in personam; whereas a judgment which binds all men irrespective of whether they were party to suit or not is known as a judgment in rem.
FACTUAL SITUATION: "Judgment of a competent court determining contractual obligations of the parties to a contract is an example of judgment in personam, but a judgment of a competent court declaring a party to be insolvent is an example of judgment in rem."
Comment on the correctness of this statement.
DECISION:
Which of the following court/tribunal ordered a levy of an environment compensatory charge on commercial vehicles not bound for the capital yet passing through Delhi?
Regarding foreign law firms, the Supreme Court held
- That foreign law firms can set up offices in India.
- Foreign lawyers can practice in India.
- Foreign lawyers can visit India for a temporary period on a fly in and fly out basis.
- Foreign lawyers can give advice to their clients on Indian laws.
