MODEL NOTES FOR JUDICIAL EXAM - 18

1. What are the facts of which the Court must take judicial notice?
Ans: The Court shall take judicial notice of the following facts:—

• All laws in force in the territory of India
• All public Acts passed or hereafter to be passed by Parliament of the United Kingdom, and all local and personal Acts directed by Parliament of the United Kingdom to be judicially noticed
• Articles of War for the Indian Army, Navy or Air Force
• The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the State
• The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland
• All seals of which English Courts take judicial notice, the seals of all the Courts in India and all Courts out of India established by the authority of the Central Government or the Crown Representative, the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in India
• The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette
• The existence, title and national flag of every State or Sovereign recognized by the Government of India
• The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
• The territories under the dominion of the Government of India
• The commencement, continuance, and termination of hostilities between the Government of India and any other State or body of persons
• The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it
• The rule of the road, on land or at sea . In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference. If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so, unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

2. In which case it was held that law is a social auditor and this audit function can be put into action only when someone with real public interest ignites the jurisdiction?

    Ans: Fertilizer Corporation of Kamgar Union vs. Union of India (His Lordship Krishna lyer J)

3. The case Kirk v. Gregory is related to which defence in the tort law?
      Ans: Necessity

4. What is the punishment for culpable homicide not amounting to murder?
     Ans: If act by which the death is caused is done with intention of causing death, etc. then the punishment is imprisonment for life or 10 Years and fine

5. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:
   A. which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice
   B. which the transferee may rescind the proceeding

6. In relation to the aims of tort law, which one of the following statements is incorrect?
  A. The law of torts aims to protect only those who have suffered loss
  B. The law of torts aims to shift the loss from those who suffer it to those who cause it

7. Which one among the following is not guaranteed by the Constitution of India?
    A. Freedom to own, acquire and dispose of property anywhere in the country 
        B. Freedom to move freely throughout the country

8. Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, True/False
    Ans: True (Order XXII Rule 2)

9. Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a part and shall proceed with the suit. True/False
     Ans: True [Order XXII Rule 4(1)]

10. Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall there upon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist. True/False
       Ans: True [Order XXII Rule 10A]