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Test: Special Leave to Appeal - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Special Leave to Appeal

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Test: Special Leave to Appeal - Question 1

What unique power does Article 136(1) grant to the Supreme Court in India?

Detailed Solution for Test: Special Leave to Appeal - Question 1
Article 136(1) grants the Supreme Court the discretionary power to provide special leave to appeal any judgment, decree, or order from any court or tribunal across India. This provision allows the Supreme Court to address pressing justice needs beyond ordinary legal boundaries by granting permission to appeal cases that it deems fit for review.
Test: Special Leave to Appeal - Question 2

What is the primary characteristic of Article 136 of the Indian Constitution in relation to the Supreme Court's jurisdiction?

Detailed Solution for Test: Special Leave to Appeal - Question 2
Article 136 of the Indian Constitution grants the Supreme Court extensive jurisdiction for hearing appeals, allowing the Court to address various cases beyond just appeals from High Courts. This broad and comprehensive scope of jurisdiction under Article 136 enables the Supreme Court to entertain appeals from any court, showcasing its wide-ranging authority in the Indian legal system.
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Test: Special Leave to Appeal - Question 3

What distinguishes Article 136 from Articles 132 to 134 in terms of the Supreme Court's jurisdiction?

Detailed Solution for Test: Special Leave to Appeal - Question 3
Unlike Articles 132 to 134, which have specific limitations, Article 136 empowers the Supreme Court with a broader scope of jurisdiction, enabling it to bypass those restrictions when necessary for delivering justice. This distinction highlights the unique and extensive authority granted to the Supreme Court under Article 136 of the Indian Constitution.
Test: Special Leave to Appeal - Question 4
What does the dismissal of a Special Leave Petition (SLP) without reasons by the Supreme Court typically signify?
Detailed Solution for Test: Special Leave to Appeal - Question 4
When the Supreme Court dismisses a special leave petition in limine without providing reasons, it signifies that the Court was not inclined to grant leave to file the appeal under Article 136. This dismissal does not reflect any judgment on the merits of the case or the correctness of the lower court's decision. It is important to note that such a dismissal does not confirm the High Court's view but rather indicates the Supreme Court's stance on granting leave for appeal.
Test: Special Leave to Appeal - Question 5
When the Supreme Court dismisses a Special Leave Petition (SLP), what does this action signify regarding the challenged order?
Detailed Solution for Test: Special Leave to Appeal - Question 5
When the Supreme Court dismisses a Special Leave Petition (SLP), it signifies that the Court has chosen not to allow the appeal to proceed. This action does not replace the challenged order but simply indicates the Court's decision regarding the appeal's progression.
Test: Special Leave to Appeal - Question 6
In what scenario is a fresh Special Leave Petition (SLP) against the same decision generally not admissible after a withdrawal without obtaining permission?
Detailed Solution for Test: Special Leave to Appeal - Question 6
A fresh Special Leave Petition (SLP) against the same decision is generally not admissible if the initial SLP was withdrawn without obtaining permission to file another SLP. This restriction is typically based on public policy considerations and legal procedural requirements.
Test: Special Leave to Appeal - Question 7
What principle guides the Court's decision-making process even after granting special leave to appeal?
Detailed Solution for Test: Special Leave to Appeal - Question 7
The Court's decision-making process, even after granting special leave to appeal, is guided by the principle of consistency in legal standards across all stages of a case. This ensures that there is a uniform approach to the application of legal principles and considerations throughout the proceedings, promoting fairness and predictability in the judicial process.
Test: Special Leave to Appeal - Question 8
In what situations may the Supreme Court impose costs as a deterrent against frivolous cases?
Detailed Solution for Test: Special Leave to Appeal - Question 8
The Supreme Court may impose costs as a deterrent against frivolous cases in situations such as appeals seeking delay condonation and deemed not maintainable. By imposing costs in such instances, the court aims to discourage the filing of baseless or meritless appeals, thereby ensuring that the judicial system's time and resources are dedicated to addressing genuine causes deserving of attention.
Test: Special Leave to Appeal - Question 9
In what situations might the Supreme Court impose costs as a deterrent against frivolous cases?
Detailed Solution for Test: Special Leave to Appeal - Question 9
The Supreme Court may impose costs as a deterrent against frivolous cases, especially in instances such as delay condonation appeals. By doing so, the Court aims to discourage the filing of baseless or unnecessary cases that waste judicial time and resources. This practice helps maintain the integrity of the legal system and ensures that the Court's attention is focused on genuine cases deserving consideration.
Test: Special Leave to Appeal - Question 10
What principle guides the Supreme Court when deciding on the merits of appeals granted special leave under Article 136?
Detailed Solution for Test: Special Leave to Appeal - Question 10
In the Supreme Court, when deciding on the merits of appeals granted special leave under Article 136, the Court may choose not to decide solely based on legal positions but instead base its decision on equitable considerations specific to the case. This approach allows the Court to consider the unique circumstances of each case beyond just the legal aspects, ensuring a fair and just outcome.
Test: Special Leave to Appeal - Question 11
What authority does the Supreme Court hold regarding the dismissal of an appeal?
Detailed Solution for Test: Special Leave to Appeal - Question 11
The Supreme Court holds the authority to dismiss an appeal with or without providing reasons. This decision-making power allows the Court to reverse, modify, or simply affirm the decision made by the lower court or tribunal. It is crucial for the Court to have this discretion in order to ensure fair and just outcomes in the appeals process.
Test: Special Leave to Appeal - Question 12
What is the primary purpose of Article 136 of the Indian Constitution?
Detailed Solution for Test: Special Leave to Appeal - Question 12
Article 136 of the Indian Constitution grants the Supreme Court plenary jurisdiction to hear appeals, providing it with broad powers to address various legal matters. This provision allows the Supreme Court significant flexibility in selecting cases it wishes to hear, ensuring that important legal issues can be appropriately addressed at the highest judicial level.
Test: Special Leave to Appeal - Question 13
What happens to the decision being appealed once it becomes integrated with the Supreme Court's decision?
Detailed Solution for Test: Special Leave to Appeal - Question 13
Once the decision being appealed becomes integrated with the Supreme Court's decision, it becomes final and cannot be reviewed by the lower court or tribunal. This integration ensures that the Supreme Court's ruling stands as the conclusive decision on the matter, preventing further challenges or modifications at lower levels of the judiciary.
Test: Special Leave to Appeal - Question 14
Under what circumstance can proceedings under Article 131 be barred?
Detailed Solution for Test: Special Leave to Appeal - Question 14
Proceedings under Article 131 can be barred if there exists a law that confers jurisdiction to decide disputes by a Tribunal. This limitation ensures that cases falling within the jurisdiction of specific tribunals are appropriately handled by those specialized bodies, preventing unnecessary overlap and ensuring efficient dispute resolution.
Test: Special Leave to Appeal - Question 15
What is the purpose of the Supreme Court's directive to establish committees for dispute resolution between the Government of India and State Governments before litigation?
Detailed Solution for Test: Special Leave to Appeal - Question 15
The Supreme Court's directive to establish committees for resolving disputes between the Government of India and State Governments before litigation serves the purpose of preventing unnecessary escalations to courts and tribunals. By engaging in conciliation processes early on, potential legal battles can be averted, promoting efficient conflict resolution and reducing the burden on the judicial system. This approach emphasizes proactive dispute resolution and collaboration between different levels of governance.
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