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supremecourtofindia.nic.in Advocates-on-Record AOR Exam Old Question Papers : Supreme Court of India

Department : Supreme Court of India
Exam : Advocates-on-Record AOR Examination
Document Type : Old Question Papers
Website : supremecourtofindia.nic.in

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Supreme Court AOR Examination Question Papers

June 2007:
Paper-I:
Practice And Procedure:
Q. 1: (i) Discuss the provisions in the Constitution relating to ‘substantial questionof.law,.as to the interpretation of the Constitution’. (8 marks)

Related : Public Service Commission Model Question Papers of Uttrakhand High Court ARO Main Exam : www.pdfquestion.in/8868.html

(ii) Discuss the distinctions between and state the features of ‘substantial question of law as to the interpretation of the Constitution’, ‘substantial question. of,law’ and ‘question of law.’ (7 marks)

Q. 2: (i) Section 11 of’ the: Inter-State River Waters Disputes Act, 1956, bars the jurisdiction of.. all courts, including the Supreme Court, in water disputes between States. Can a Section in an Act take away, and if so, state the reasons for the same, from the constitutional jurisdiction of the Supreme Court under Article. 131, Article 32 and Article 136 the subject of water disputes? (5 marks)

(ii) Can Article 136 be invoked against an interim award of a Water Disputes Tribunal and if so, on what grounds? (5 marks) .

(iii) Can a Presidential Reference be made under Article 143 in respect of a legislation passed by a State with respect to the waters of an inter State river, which legislation pre judicially affects the rights of another State to the said waters? (5 marks)

Q. 3: (i) Does a High Court judgment or order merge in an order made on a Petition for Special Leave under Article 136? Give reasons.( 3 marks)

(ii) Does a summary dismissal by a non-speaking order of a Petition for Special Leave against a judgment or order of the High Court amount to approval or affiance thereof? Give reasons. (3 marks)

(iii) While the Petition for Special leave is pending or after it has been
dismissed by the Supreme Court, is it open to the High court to review
its own judgment Give reasons. (3 marks)

(iv) Does a non-speaking order dismissing a Petition for Special Leave constitute res-judicata? Give reasons. (3 marks)

(v) What is the difference between the· doctrines of stare decisis and res judicata as regards the binding nature of judgments. Give reasons. (3 marks)

Q. 4: (i) W-hat are the courts and tribunals excluded, by the Constitution from the purview of the power of the Supreme Court to grant special leave Article 136 against the decision of any court or tribunal in the territory of India? (3 marks)

(ii) Which are the· classes of persons whose fundamental rights may constitutionally be restricted or modified and for what purpose? (3 marks)

(iii) What is the effect onfundamental rights when martial law is in force in any area? (3 marks)

(iv) What is martial law and what is a Court-martial? Which provisions of the Constitution refer to them?(3-marks}

(v) What is the effect on enforceability of all or any of the fundamental rights guaranteed by Part III by virtue of Articles 358 and 359 of the Constitution when an Emergency is proclaimed under Article 352? ( 3 marks)

Q.5: (i) Does the Constitution expressly or impliedly empower the Supreme Court to overrule its own decisions? Is the power to overrule traceable to Article 137 read with Order XL (Review) of the Rules or Articles 141, 129, 142 read with Order VII Ru1e 2 (Reference to larger Benches)? Give reasons. (5 marks)

(ii) Is the Supreme Court included in “all courts” in Article 141 which provides that the law declared by the Supreme Court shall be binding on all courts? Why  to precedents considered important in our system of administration of justice?(5 marks)

Q. 6: (i) Discuss the nature of disputes that may be entertained under Article 131 and those that may not be so entertained. Can such a suit beheard and decided. ,by a ,bench of less than five Hon’ble Judges? Is there a period of limitation for suits under Article 131 under the Constitution, the Limitation Act, 1961, or the Supreme .Court Rules 1966? Give reasons for your answer. (5 marks)

(ii) Discuss the provisions of the Constitution and the Rules relating to execution of decrees of the Supreme Court and the duty of civil and judicial authorities to act in aid of the Supreme Court. Are the Armed Forces under such a duty? (5 marks)

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