Legal IQ

Interview Questions For Judicial Service Aspirants

Q. 1. What is the difference between a Suit and an Appeal?
Ans. In Ganga Bai v. Vijay Kumar, it was held that a suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite different as the right to appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law.

Q.2 Can an appeal be converted into Revision?
Ans. Yes, in the case where no appeal lies.

Q.3. What is the effect of Remand?
Ans. An order of remand reverses the decision of the lower court and re-opens the case for re-trial by the lower court except in regard to matters decided by the appellate court.

Q.4. Explain the duties of the Appellate Court?
Ans. Duties of Appellate Court are as under:
a) Duty to decide appeal finally;
b) Duty not to interfere with decree for technical errors;
c) Duty to re-appreciate evidence
d) Duty to record reasons.

Q.5. When was the Charter of the United Nations adopted?
Ans. 1945

Q.6. What do you mean by Extradition?
Ans. It means exchange of criminals from one State to the other State.

Q.7. What do you mean by Privity of Contract?
Ans. It means that a contract is only between the parties and no other/third party can sue upon it even if the same is made for his benefit.

Q.8. What is the distinction between Adultery and Rape?
Ans. Adultery is an offence against marriage. Rape is an offence against the person of the woman.

Q.9. Define Special law.
Ans. A law applicable to a particular subject.

Q.10. Define Damages.
Ans. It is the compensation in terms of money for the loss suffered by the injured party.

Q.11. Define Tort.
Ans. It is a violation of a right of a person/breach of duty by one person towards another.

Q.12. What do you mean by Constructive liability?
Ans. It means the liability of a person for an offence which he has not committed but the same was committed by some other person. In other words, it is liability of all for the prohibited acts committed by some other person or persons.

Q.13. What is the basic difference between Common Intention and Common object?
Ans. Common intention requires a pre-arranged plan whereas the same is not required in the latter.

Q.14. On which legal maxim is section 95 of the Indian Penal Code based upon?
Ans. It is based on the maxim de minimis non curat lex which means the law takes no account of trifles.

Q. 15. Define Criminal Conspiracy.
Ans. When two or more persons agree to do or cause to be done an illegal act or an act which is not illegal by illegal means, such an agreement is referred to as criminal conspiracy.

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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