Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

3/11/24, 10:40 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
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Important MCQs Based On Latest Supreme Court

Judgments For Law Examinations
Yash Mittal
(/yash-mittal)
10 Mar 2024 12:45 PM
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Q 1. When the Police Officer uses a case diary to refresh their memory, can the
accused be permitted to rely on a case diary to cross-examine the police? State
the correct position of law.
https://www.livelaw.in/law-exams/latest-supreme-court-judgments-for-law-examinations-mcqs-251779?utm_source=internal-artice&utm_medium… 1/22
a. The accused wouldn't be permitted to rely on a case diary to cross-examine the

police.
b. When the police officer uses a case diary to refresh his memory, the accused
will get a right to access it for cross-examination.
Also Read - A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To

Be Passed For Several Offences At One Trial [Q And A] [PART-II] (/law-exams/sentencing-
multiple-offences-single-trial-understanding-section-31-325-crpc-251782?
utm_source=internal-artice&utm_medium=also-read)
c. As per the Indian Evidence Act, only the police is allowed to refresh their
memory, and not the accused.
d. None of the above
Answer: Option (b)
Explanation: The Supreme Court has held that an accused has a right to cross-
examine a police officer as to the recording made in the case diary whenever the
police officer uses it to refresh his memory.
When Police Officers Use Case Diary To Refresh Their Memory, Accused Gets
Right To Rely On Case Diary To Cross-Examine: Supreme Court
(https://www.livelaw.in/top-stories/when-police-officers-use-case-diary-to-refresh-
their-memory-accused-gets-right-to-rely-on-case-diary-to-cross-examine-supreme-
court-250590)
Also Read - A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To

Be Passed For Several Offences At One Trial [Q And A] (/top-stories/difference-between-
concurrent-and-consecutive-sentence-section-31-crpc-251632?utm_source=internal-
artice&utm_medium=also-read)
Q 2. Recently, in one of the following judgments the Supreme Court held that the
summons issued by ED needs to be respected and responded to by the person to
whom summons were issued.
a. Directorate of Enforcement v. Arvind Kejriwal
b. Directorate of Enforcement v. State of Tamil Nadu & Ors.
c. Directorate of Enforcement v. Tejashvi Yadav
d. Directorate of Enforcement v. Hemant Soren
Answer: Option (b)
Also Read - Prosecution Sanction Under Section 197 CrPC Explained By Justice V Ram
Kumar [Full Set] (/top-stories/prosecution-sanction-section-197-crpc-explained-law-exams-
justice-v-ramkumar-series-250458?utm_source=internal-artice&utm_medium=also-read)
Explanation: The Supreme Court suspended the operation and execution of an

interim order issued by the Madras High Court staying the summonses issued to
district collectors in Tamil Nadu in connection with alleged illegal sand mining-
money laundering cases.
"Since the Enforcement Directorate is conducting inquiry/investigation under

PMLA in connection with four FIRs, this could be an investigation or proceedings
under the act and hence, the district collectors and persons to whom summonses
have been issued are obliged to respect and respond to said summonses.", the
court said.
Also Read - Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram
Kumar [Part-7] (/top-stories/section-197-crpc-defective-prosecution-sanction-explainer-
249731?utm_source=internal-artice&utm_medium=also-read)
Supreme Court Allows ED To Proceed With Summonses To Tamil Nadu District

Collectors, Says State's Writ Petition Prima Facie Misconceived
(https://www.livelaw.in/top-stories/supreme-court-high-court-enforcement-
directorate-summonses-tamil-nadu-district-collectors-illegal-sand-mining-case-
250642?infinitescroll=1)
Q 3. To charge a person under Section 364A of IPC i.e., 'kidnapping for ransom',
what is the essential ingredient to be proved by the prosecution apart from
kidnapping?
a. The prosecution must prove the instant death threat to the victim.
b. The prosecution must prove the ransom demand.
c. The prosecution must prove the threats given by the accused to cause hurt to
the victim.
d. All of the above
Answer: Option (d)
Explanation: Recently, the Supreme Court acquitted an accused charged under

Section 364A of the Indian Penal Code i.e., kidnapping for ransom, after finding
that the prosecution failed to establish that there was an instant threat of death to
the kidnapped from the accused.
Mere Demand For Ransom After Kidnapping Won't Amount To S.364A IPC Offence
If There's No Death Threat: Supreme Court (https://www.livelaw.in/supreme-
court/ransom-after-kidnapping-wont-amount-to-s.364a-ipc-offence-no-death-
threat-250721)
Q 4. A magistrate can issue a summon to the accused despite a police report

when called for isn't received by the magistrate from the police. Test out the
validity of the statement with the following options.
a. Yes, the Magistrate shouldn't wait for the police report and can issue a summon
to the accused.
b. Yes, the Magistrate is bound to accept the police report.
c. No, the Magistrate should wait for the police report, if called for, before issuing a
summon to the accused.
d. No, the Magistrate cannot issue the summon to the accused as the magistrate
is bound by the police report.
Answer: Option (c)
Explanation: The Supreme Court held that once the Magistrate has called for the
police report under Section 202 of the Code of Criminal Procedure, then the
magistrate couldn't issue a summon unless the report is submitted by the police.
The Magistrate cannot issue process to the accused without application of mind
and ought to have waited to issue process against the accused until the report
was received from the police.
Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To
Accused Be Postponed Until Police Report Is Received: Supreme Court
(https://www.livelaw.in/supreme-court/once-magistrate-seeks-report-from-police-
under-s202-crpc-summons-to-accused-be-postponed-until-police-report-is-
received-supreme-court-250743)
Q 5. In which of the following Judgments, the Supreme Court overturned the Asian
Resurfacing judgment which mandated the interim orders passed by High Courts
staying trials in civil and criminal cases will automatically expire after six months
from the date of the order, unless expressly extended by the High Courts.
a. High Court Bar Association Delhi v. Union of India
b. High Court Bar Association Lucknow v. State of UP
c. High Court Bar Association Jabalpur v. State of MP
d. High Court Bar Association Allahabad v. State of UP
Answer: Option (d)
Explanation: In a significant ruling, the Supreme Court in High Court Bar

Association Allahabad v. State of UP overturned its 2018 Asian Resurfacing
judgment which mandated the interim orders passed by High Courts staying trials
in civil and criminal cases will automatically expire after six months from the date
of the order, unless expressly extended by the High Courts.
No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials: Supreme
Court Overturns 'Asian Resurfacing' Judgment (https://www.livelaw.in/top-
stories/supreme-court-overturns-2018-asian-resurfacing-judgment-automatic-stay-
vacation-six-months-250797)
Q 6. In which of the following cases did the Supreme Court dismiss the PIL
seeking to digitally monitor all the activities of MPs/MLAs to 'ensure transparency
and to prevent corruption'?
a. Dr. Surinder Nath Kundra v Union Of India And Anr.
b. Dr. Surendra Nath Kundan v. Union of India
c. Dr. Jogendra Nath Kundra v. Union of India
d. Dr. Devendra Nath Kundra v. Union of India
Answer: Option (a)
Explanation: The Supreme Court dismissed a Public Interest Litigation (PIL)

petition seeking to digitally monitor all the activities of MPs/MLAs to 'ensure
transparency and to prevent corruption'.
'They Also Have Right To Privacy': Supreme Court Dismisses Plea Seeking 24x7
Digital Monitoring Of MPs/MLAs (https://www.livelaw.in/top-stories/supreme-
court-dismisses-plea-seeking-24x7-digital-monitoring-of-mpsmlas-250949)
Q 7. State the correct position of law concerning the reference of the dispute to the
arbitral tribunal.
a. Limitation Act applies for filing an application for appointment of arbitrator.
b. Court can refuse to make reference to the arbitral tribunal if claims are ex-facie
dead / time-barred.
c. Under the A&C Act, the court has no power to decide the validity of the claim at
the stage of reference/appointment of arbitrator under Section 11(6).
d. Both (a) and (b)
Answer: Option (d)
Explanation: In a recent ruling, the Supreme Court held that the Limitation Act,
1963 is applicable to proceedings for appointment of arbitrator under Section
11(6) of the Arbitration and Conciliation Act, 1996 ("A&C Act"), and a Court may
refuse to make a reference if the claims, on the date of commencement of
arbitration proceedings, are ex-facie barred.
Court May Refuse To Appoint Arbitral Tribunal If S.11(6) Petition Is Barred By

Limitation Or Claim Is Ex-Facie Time Barred: Supreme Court
(https://www.livelaw.in/top-stories/supreme-court-limitation-act-applicable-to-
arbitrator-appointment-matter-251002)
Q 8. In which of the following cases, the Supreme Court urged Parliament to

consider amending the Act to prescribe a specific limitation period for filing
applications under Section 11(6).
a. M/s Arif Azim Co. Ltd. Versus M/s Aptech Ltd.
b. SBP & Co. v. Patel Engineering Ltd. and Another
c. Bharat Sanchar Nigam Limited & Another v. Nortel Networks India Private
Limited
d. Secunderabad Cantonment Board v. B. Ramachandraiah & Sons
Answer: Option (a)
Explanation: The court highlighted the absence of a statutory prescription

regarding the time limit for such applications and expressed concerns about the
unduly long three-year period allowed for filing under Article 137 of the Limitation
Act. While recognizing the legislative vacuum, the court urged Parliament to
consider amending the Act to prescribe a specific limitation period for filing
applications under Section 11(6).
Parliament Should Consider Amending Arbitration Act To Prescribe Limitation

Period To File S.11 Application: Supreme Court (https://www.livelaw.in/top-
stories/parliament-should-consider-amending-arbitration-act-to-prescribe-
limitation-period-to-file-s11-application-supreme-court-251058?infinitescroll=1)
Q 9. As per Order 6 Rule 17 of CPC, what is the correct position of law with respect
to filing an application seeking an amendment to the suit?
a. An application seeking amendment to the suit must be preferred before the

commencement of trial.
b. An application seeking amendment to the suit shall not alter the nature of the
suit.
c. An application seeking amendment to the suit shall not cause prejudice to the
interest of the other party.
d. All of the above
Answer: Option (d)
Explanation: The Supreme Court held that an application seeking an amendment

to the plaint shouldn't be allowed under Order 6 Rule 17 of CPC if the amendment
alters the nature of the suit.
Order 6 Rule 17 CPC | Amendment Of Plaint Shouldn't Be Allowed If It Alters Nature

Of Suit: Supreme Court (https://www.livelaw.in/supreme-court/order-6-rule-17-cpc-
amendment-of-plant-shouldnt-be-allowed-if-it-alters-nature-of-suit-supreme-court-
250947)
Q 10. Is it permissible for the Police to register the details of the cognizable
offence in the 'general diary' maintained by the police? State the correct position of
law through the following options.
a. Yes, registration of FIR is not mandatory for information disclosing the

commission of the cognizable offence(s).
b. Yes, the general diary entry can precede the registration of FIR.
c. No, an Information disclosing commission of a cognizable offence shall first be

entered in a book kept by the officer in charge of a police station and not in the
General Diary.
d. None of the above
Answer: Option (c)
Explanation: The Supreme Court held that the information disclosing the
commission of the cognizable offence needs to be recorded as a First Information
Report ("FIR") in the form of a book and not in the General Diary maintained by the
Police under the Police Act, 1861.
General Diary Entry Cannot Precede Registration of FIR, Except Where Preliminary
Inquiry Is Needed: Supreme Court (https://www.livelaw.in/supreme-court/general-
diary-entry-cannot-precede-registration-of-fir-except-where-preliminary-inquiry-is-
needed-supreme-court-250620?infinitescroll=1)
Tags Judicial Services Examination (https://www.livelaw.in/tags/judicial-services-examination)
Legal GK (https://www.livelaw.in/tags/legal-gk)
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3/11/24, 10:40 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Home (/) / Law Exams (/law-exams) / Important MCQs Based On Latest...

Important MCQs Based On Latest Supreme Court

Listen to this Article

a. The accused wouldn't be permitted to rely on a case diary to cross-examine the

Also Read - A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To

d. None of the above

Answer: Option (b)

Also Read - A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To

a. Directorate of Enforcement v. Arvind Kejriwal

b. Directorate of Enforcement v. State of Tamil Nadu & Ors.

c. Directorate of Enforcement v. Tejashvi Yadav

d. Directorate of Enforcement v. Hemant Soren

Answer: Option (b)

Explanation: The Supreme Court suspended the operation and execution of an

"Since the Enforcement Directorate is conducting inquiry/investigation under

Supreme Court Allows ED To Proceed With Summonses To Tamil Nadu District

b. The prosecution must prove the ransom demand.

d. All of the above

Answer: Option (d)

Explanation: Recently, the Supreme Court acquitted an accused charged under

Q 4. A magistrate can issue a summon to the accused despite a police report

b. Yes, the Magistrate is bound to accept the police report.

Answer: Option (c)

a. High Court Bar Association Delhi v. Union of India

b. High Court Bar Association Lucknow v. State of UP

c. High Court Bar Association Jabalpur v. State of MP

d. High Court Bar Association Allahabad v. State of UP

Answer: Option (d)

Explanation: In a significant ruling, the Supreme Court in High Court Bar

a. Dr. Surinder Nath Kundra v Union Of India And Anr.

b. Dr. Surendra Nath Kundan v. Union of India

c. Dr. Jogendra Nath Kundra v. Union of India

d. Dr. Devendra Nath Kundra v. Union of India

Answer: Option (a)

Explanation: The Supreme Court dismissed a Public Interest Litigation (PIL)

a. Limitation Act applies for filing an application for appointment of arbitrator.

d. Both (a) and (b)

Answer: Option (d)

Court May Refuse To Appoint Arbitral Tribunal If S.11(6) Petition Is Barred By

Q 8. In which of the following cases, the Supreme Court urged Parliament to

a. M/s Arif Azim Co. Ltd. Versus M/s Aptech Ltd.

b. SBP & Co. v. Patel Engineering Ltd. and Another

d. Secunderabad Cantonment Board v. B. Ramachandraiah & Sons

Answer: Option (a)

Explanation: The court highlighted the absence of a statutory prescription

Parliament Should Consider Amending Arbitration Act To Prescribe Limitation

a. An application seeking amendment to the suit must be preferred before the

d. All of the above

Answer: Option (d)

Explanation: The Supreme Court held that an application seeking an amendment

Order 6 Rule 17 CPC | Amendment Of Plaint Shouldn't Be Allowed If It Alters Nature

a. Yes, registration of FIR is not mandatory for information disclosing the

c. No, an Information disclosing commission of a cognizable offence shall first be

d. None of the above

Answer: Option (c)

Tags Judicial Services Examination (https://www.livelaw.in/tags/judicial-services-examination)

mcq based exams (https://www.livelaw.in/tags/mcq-based-exams)

A Comprehensive Evaluation Of Section 31 Cr.P.C Regarding The Sentence To Be Passed For