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Test: Role of Equity in the Contemporary Judicial System of India - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Role of Equity in the Contemporary Judicial System of India

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Test: Role of Equity in the Contemporary Judicial System of India - Question 1
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What role does equity play in the legal system, particularly in relation to common law?

Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 1
Equity in the legal system functions as a moral adjuster and supplements deficient laws. It aids in addressing issues where common law might fall short by providing a more flexible and just framework. This ensures that justice is served in cases where strict legal principles might not be sufficient to achieve fair outcomes.
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What historical institution in Britain is closely associated with the origin and development of equity?

Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 2
The Court of Chancery in Britain is historically linked with the emergence and advancement of equity. This institution played a pivotal role in developing equitable principles and providing remedies that were not available under common law.
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Test: Role of Equity in the Contemporary Judicial System of India - Question 3
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What is the primary aim of equity in the context of justice and fairness?

Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 3
Equity, in the realm of justice and fairness, primarily focuses on rectifying legal defects and inadequacies to ensure justice in cases that may not fit within traditional legal frameworks. It serves as a complementary legal jurisdiction that aims to address shortcomings and ensure fairness in society, going beyond existing laws to deliver justice in unique situations.
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During which century did the Norman conquest of England take place, leading to the coexistence of multiple courts in the English judicial system?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 4
The Norman conquest of England occurred in the 11th century, bringing significant changes to the English legal system. This event led to the coexistence of various courts, including the Court of king's bench, Court of Common Plea, and the Court of Chancery. This historical event marked a pivotal moment in English legal history, shaping the development of the judicial system in the centuries that followed.
Test: Role of Equity in the Contemporary Judicial System of India - Question 5
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In the evolution of equity in England, what significant conflict was highlighted by the Earl of Oxford case (1615) that ultimately led to the precedence of equity in case of disputes?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 5
The Earl of Oxford case (1615) was a landmark legal case that brought to light a conflict between common law and equity in England. This conflict underscored the need to reconcile the rigid principles of common law with the more flexible and discretionary nature of equity. As a result of this conflict, equity gained precedence in resolving disputes where common law fell short, leading to the integration of the courts of equity and common law through the Judicature Act 1870.
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In the context of equity, what does the term "Justice and Good Conscience" signify in England and its application in India?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 6
"Justice and Good Conscience" represents a common law and equity principle in England, providing guidance rather than binding rules in India. This concept allows for adaptation in Indian courts under exceptional circumstances when aligned with local social conditions and not conflicting with Indian statutes. It signifies a flexible approach to justice and fairness that can be adapted to suit varying legal contexts.
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What distinguishes the Exclusive Jurisdiction from the Concurrent Jurisdiction in the realm of equity?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 7
The Exclusive Jurisdiction involves the creation of new rights when common law lacks recognition, such as in the case of trusts. On the other hand, Concurrent Jurisdiction deals with creating new remedies when the existing remedies under general law are insufficient. This distinction highlights how equity courts can provide necessary rights or remedies not covered adequately by common law, ensuring fairness and justice in legal proceedings.
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In the context of equitable remedies in legal scenarios, what distinguishes direct relief from indirect relief?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 8
In legal cases, direct relief is provided by equity courts, while indirect relief is granted by general law courts. Direct relief, such as specific performance, is a remedy that equity courts can offer when remedies from general law courts are deemed inadequate. On the other hand, indirect relief typically refers to remedies provided under general law.
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What purpose does Auxiliary Jurisdiction serve in the legal context?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 9
Auxiliary Jurisdiction serves the purpose of rectifying legal procedural flaws by creating new procedures that align with legal principles. For instance, in cases where there are procedural inadequacies in proving breach of contract, equity courts may allow for the discovery of relevant documents to assist in legal proceedings. This jurisdiction ensures that legal procedures are fair, effective, and aligned with established legal principles.
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What was the critique provided by Maitland regarding the classification system in London Corp. Vs. Levy (1809)?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 10
Maitland criticized the classification system in London Corp. Vs. Levy (1809) on the grounds that it is not practical due to the transformation of courts post the Judicature Act. This Act merged common law and equity courts, leading to a more unified legal system in England and Wales. The critique highlights the evolving nature of legal structures and the complexities involved in categorizing legal matters.
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What is the primary requirement for the exercise of auxiliary jurisdiction according to London Corp. Vs. Levy (1809)?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 11
According to London Corp. Vs. Levy (1809), the exercise of auxiliary jurisdiction necessitates the initiation of legal proceedings under general law. This requirement underscores the importance of a legal basis for auxiliary jurisdiction to be invoked, ensuring that legal actions are conducted within a defined legal framework and jurisdiction.
Test: Role of Equity in the Contemporary Judicial System of India - Question 12
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In the context of recent judgements in India governed by equity, which case led to the legal recognition of the LGBTQ community by amending Section 377 of the Indian Penal Code, 1860?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 12
The case of Navtej Singh Johar v. Union of India, 2018, played a significant role in granting legal recognition to the LGBTQ community in India by amending Section 377 of the Indian Penal Code, 1860. This legal milestone emphasized equity principles, highlighting that "Equity looks to the intent, rather than to the form." The Supreme Court's ruling in this case marked a crucial step towards recognizing the rights and dignity of individuals belonging to the LGBTQ community.
Test: Role of Equity in the Contemporary Judicial System of India - Question 13
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Which judicial decision resulted in the declaration of Triple Talaq as unconstitutional in Muslim law, leading to the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 13
The case of Shayara Bano v. Union of India, 2017, marked a significant legal development where the apex court applied equity, natural justice, and good conscience principles to declare Triple Talaq unconstitutional in Muslim law. This decision not only addressed a longstanding issue but also paved the way for legislative action with the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019. The judicial activism in this case underscored the importance of upholding gender equality and justice within legal frameworks.
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What does the principle of equity aim to achieve in the Indian judiciary system?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 14
The principle of equity in the Indian judiciary system primarily focuses on rectifying legal defects and addressing the absence of legislation for societal justice. Equity serves as a complementary jurisdiction that aims to uphold justice for all communities, ensuring that no wrong goes unaddressed if courts can provide a remedy. It differs from law, which refers to statutes and precedents, by focusing on practices and rules based on societal needs and justice requirements. Equity jurisdiction varies based on societal needs and the availability of effective remedies, highlighting the judiciary's commitment to pursuing equity, natural justice, and good conscience.
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How does the Supreme Court apply the principle of equity in its judgments in India?
Detailed Solution for Test: Role of Equity in the Contemporary Judicial System of India - Question 15
The Supreme Court in India applies the principle of equity in its judgments by ensuring that no wrong goes unaddressed if a remedy can be provided. This reflects the court's commitment to upholding justice for all communities and addressing societal needs through the application of equitable principles. Equity, as a complementary jurisdiction, plays a crucial role in rectifying legal defects and ensuring that the rule of law is upheld, emphasizing that courts should not allow wrongs to go without a remedy.
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