Legal IQ

Interview Questions For Judicial Service Aspirants

Q. 1. Whether a criminal prosecution can continue against a dead person?
Ans. A criminal prosecution cannot continue against a dead person as in this case the accused does not exist and cannot be convicted. This was so held by the Supreme Court in the case of U. Subhadramma v. State of A.P., (2016) 7 SCC 796.

Q. 2. What is Rule Nisi?
Ans. It means “to show cause”. Under this, the court order will have no force unless a particular condition is met. Once the same is met, the order shall become absolute.

Q. 3. What is the object behind recalling of a witness?
Ans. The purpose behind recalling of a witness is to enable court to clarify any issues or doubts. This was observed by the Supreme Court in the case of Gayathri M. Girish, (2016) 14 SCC 142.

Q. 4. Who can and under what circumstances can a joint session of the Parliament be called?
Ans. It can be called by the President of India to ponder a particular bill in case:
a) A bill passed by one House is rejected by the other.
b) The amendments made by the other House are not accepted by the House in which the same originates.
c) If the bill remains unpassed by the Parliament for more than six months.

Q. 5. Which House of the Parliament can be dissolved?
Ans. Only Lok Sabha can be dissolved.

Q. 6. Under what circumstances may the divorced persons lawfully marry again?
Ans. Section 15 of the Hindu Marriage Act, 1955 provides the following circumstances under which divorced persons may marry again. These are:
a) When there is no right to appeal against the decree; or
b) If there is such a right to appeal, the time for appealing has expired without an appeal having been presented; or
c) An appeal has been presented but has been dismissed.

Q. 7. When are goods said to be in a deliverable state?
Ans. Goods are said to be in a deliverable state, when they are in such a state that the buyer would under the contract be bound to take delivery of them.

Q. 8. When does an agreement to sell become a sale?
Ans. It becomes sale when the time elapses or the conditions are fulfilled subject to which the property is to be transferred.

Q.9. What are the remedies available to an aggrieved party in case of breach of contract?
Ans. Following are the remedies to an aggrieved party in case of breach of contract:
1) Suit for price
2)Damages for non-acceptance.
3) Damages for non-delivery
4) Specific Performance of Contract.

Q.10. Whether the unpaid seller of goods, having a lien thereon, loses his lien by reason that he has obtained a decree for the price of goods?
Ans. No

Q.14. Whether criminal revision lies against the interlocutory orders?
Ans. No.

Q.12. What do you mean by Attempt to commit an offence?
Ans.It means when the preparations for committing an offence by the culprit are complete and culprit has moved a step towards the commission of an offence.

Q.13. Whether the Supreme Court has the power to transfer a civil or criminal case pending in any court in the State of Jammu and Kashmir to a court outside and vice versa?
Ans. Yes, it has power to transfer a civil or criminal case pending in any court in the State of Jammu and Kashmir to a court outside and vice versa even if there is no provision under C.P.C or Cr.P.C with regard to it, provided the Supreme Court is satisfied that denial of such transfer would result in violation of right to access to justice to a litigant in the given facts and circumstances of the case. This was so observed by the Supreme Court in the case of Anita Kushwaha v. Pushap Sudan, 2016 (8) SCC 509.

Q. 14. What do you mean by Default Bail?
Ans. When the prosecution has failed to file the charge sheet within the prescribed period, then the accused has to be released on bail in respect of non-bailable offence this is known as default bail.


NOTE: The answers are suggestive. Kindly verify from the basic documents, judgments, gazette notifications or recommended textbooks in case of doubts. Answers given by the author herein are his own personal views and neither the publisher nor the author holds any responsibility for any mistake that may have inadvertently crept in.


 

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