Court Structure, ADR, Lok Adalats, Contempt and Judicial Ethics — Practice

Question 1

What is the legal status of a Lok Adalat award?

Accepted Answer

It is deemed a decree of a civil court and is final, with no appeal, under Section 21 of the Legal Services Authorities Act.

Question 2

What is the maximum punishment for contempt of court?

Accepted Answer

Simple imprisonment up to six months, or fine up to Rs 2,000, or both.

Question 3

State the grounds and time limit for setting aside an arbitral award under Section 34.

Accepted Answer

Within three months, extendable by thirty days. Grounds include incapacity, invalid agreement, no proper notice, matter beyond the scope, and conflict with the public policy of India, namely fraud or corruption, fundamental policy of Indian law and basic notions of morality or justice. A domestic award can also be set aside for patent illegality.

Question 4

Who is entitled to free legal aid under Section 12 of the Legal Services Authorities Act?

Accepted Answer

Members of SC and ST, victims of trafficking, women and children, persons with disabilities, industrial workmen, persons in custody and persons whose income is below the prescribed limit.

Question 5

What does Section 12A of the Commercial Courts Act require?

Accepted Answer

Pre-institution mediation is mandatory before a commercial suit, unless urgent interim relief is sought (Patil Automation v. Rakheja Engineers, 2022).

Question 6

Explain the rule against bias and the test applied.

Accepted Answer

No one should be a judge in his own cause. A pecuniary interest, however small, disqualifies the judge (Dimes v. Grand Junction Canal). In other cases the test is a reasonable apprehension of bias judged by a reasonable person, not actual prejudice (Ranjit Thakur). Types of bias are personal, pecuniary, subject-matter and official, and a judge should recuse himself where a reasonable doubt arises.

Question 7

State the Bangalore Principles and four norms from the Restatement of Values of Judicial Life.

Accepted Answer

The Bangalore Principles list independence, impartiality, integrity, propriety, equality and competence and diligence. The Restatement requires that justice be seen to be done, no fraternising with lawyers practising in the court, no gifts or hospitality from litigants, and no public comment on pending cases.

Question 8

What imprisonment can a Judicial Magistrate First Class impose under BNSS 23?

Accepted Answer

Up to three years, with a fine up to Rs 50,000 as commonly published; confirm on the Bare Act.

Practice — Court Structure, ADR, Lok Adalats, Contempt and Judicial Ethics

Sign in to save attempts to your dashboard and track your accuracy over time

Find a verified tutor

Join a live course

Browse coaching centres

About

Categories

Support

Documentation

Get Study Tips & Updates

Download Our App

Download for iOS

Download for Android

Popular Cities