Which acts do not fall under the category of contempt of court?
Asked by: Hardy Fahey | Last update: October 6, 2022Score: 4.3/5 (66 votes)
Contempt of court is considered a prerogative of the court, and "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States.
What are the types of contempt?
- Direct Contempt. This is pretty rare. ...
- Civil Contempt. Civil contempt is designed to compel someone to follow a court's order. ...
- Criminal Contempt. This is designed to punish specific instances of conduct.
What cases are contempt of court?
Hari Singh Nagra v. Kapil Sibal. In the case of Hari Singh Nagra and others Vs Kapil Sibal and others (2010), the concept of fair and reasonable criticism was established with respect to contempt proceedings.
What are the types of contempt of court in India?
- Civil Contempt. Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to a court. ...
- Criminal Contempt.
Which Act governs the contempt of court in India?
The Contempt of Courts Act, 1971 comes into existence on 24-12-1971 with an objective to define and limit the powers of certain courts in punishing contempt of court and to regulate their procedure in relation thereto.
Defences / Exceptions for Contempt of Court | The Contempt of Court Act, 1971 | Professional Ethics
Which type of writ is not issued under Indian constitution?
The correct answer is Injunction. There are 5 Writz in the Indian Constitution.
Which one of the following is NOT a writ?
The correct answer is Severability.
When can a writ not be issued under Article 32 of the Constitution?
6- It is to be noted that the writ cannot be issued in the cases where (a) the detention is lawful (b) the proceeding is for contempt of a legislature or a court (c) an individual is detained by a competent court, and (d) the detention falls outside the jurisdiction of a particular High Court.
Which of the following is not an essential to issue writ of mandamus?
The correct answer is The office must not be a substantive one. "The Office must not be a substantive one" is not the necessary condition for the issue of a Writ of Quo Warranto. Orders, warrants, directions, etc. issued under authority is an example of Writ.
Which of the following is not the writ issued by the Supreme Court?
Option d- Suo Moto means 'on its own motion'. It is generally used when a government authority, court or an agency takes actions based on their own apprehension. This is not any writ issued by the Supreme Court. Thus, this is the correct option.
Which writ is not issued by superior court to inferior court?
Quo Warranto
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Which one of the following is non justiciable right?
The correct answer is Right to adequate livelihood. Rights that cannot be challenged in a court of law or cannot come under Judicial review in terms of their violation are called non-justiciable rights.
Which of the following is not a part of fundamental right?
The correct answer is Right to Property. The right to property is not a fundamental right. Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978, however, It was made a Constitutional right under Article 300A.
What is the writ of certiorari?
Writs of Certiorari
The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
Which one of the following is not a function of the Constitution of India?
It distributes power between the federal government and the states. Therefore, ensuring the participation of good people in politics is not a function of the constitution. Hence, Option 1 is correct.
Which one of the following does not fall under the jurisdiction of the apex court of India?
The correct answer is Collegiate Jurisdiction. The Supreme Court of India has Original, Appellate, writ, and Advisory jurisdiction. Therefore, Collegiate Jurisdiction does not fall under the jurisdiction of the apex court of India.
Which one of the following Cannot be decided by the Supreme Court of India?
2) The Supreme Court cannot question the detention or arrest of a person or an Act, if it has been made in accordance with the procedure established by law.
How many types of writs can be issued by the Supreme Court?
There are five writ petition types in the Indian constitution, which you can file either before the High Court or Supreme Court such as: Habeas Corpus. Mandamus.
Which writ is called as postmortem?
The correct answer is Quo warranto.
What are the different kinds of writs which can be issued under Article 32?
- Habeas Corpus.
- Mandamus.
- Certiorari.
- Prohibition.
- Quo Warranto.
What are the 5 writs under Article 32?
Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
What are the 5 writs and their meaning?
There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.