Q Bank - Descriptive Type for Law Assistant & Chief Law Asst. Dept. Exam
(Wherever relevant, answers are expected to contain case laws and reference to legal provisions)
1. Explain briefly the scope of judicial intervention in a contract with Arbitration agreement under Arbitration & Conciliation Act 1996.
2. State the powers of Arbitral Tribunal to pass interim award and the circumstances under which court can grant interim measures.
3. State the provisions and grounds under which a court can appoint Arbitrator.
4. Explain the legal provisions vis a vis competency of Arbitral Tribunal to rule on its own jurisdiction.
5. Explain the consequences of default by a party in communicating statement of claims or defence statement under Arbitration and Conciliation Act, 1996.
6. Enumerate the form and contents of an arbitral award.
7. State the grounds under which an arbitration award can be set aside under Sec. 34 of the Act.
8. When shall arbitration award become final and how it is enforced?
9. Which are appealable orders as per Sec. 37 of A&C Act. Discuss. i) Arbitration & Conciliation Act gives primacy to the agreement between parties and expressly excludes its applicability in many of its provisions. List ten of the items ii) State the circumstances under which arbitrator can exercise lien on the award.
10. Explain the provision for correction and interpretation of award. Civil Court passed an order in a case before it, against which no appeal lies under the statute. Is there a remedy for the aggrieved party. If so, what is the remedy and before which forum?
11. What is the ratio laid down by the Constitution Bench of Supreme Court in R.K.Sabarwals case? Discuss its implementation on railways.
12. What is the significance of cut off date in service law? Discuss any important Judgment of Supreme Court on the subject.
13. What do you understand about subordinate legislation? What kind of subordinate/delegated legislation is available on Railways with regard to service conditions of Railway Servants?
14. Under what circumstances inquiry against a charged employee can be dispensed with. Discuss with relevant Constitutional provisions and Supreme Court rulings on it.
15. What is the ratio laid down by the constitution bench of Supreme Court in Tulsiram Patels case with regard to disciplinary action against Govt. Servant.
16. Equal pay for Equal work. Is it just notion or a guarantee provided under Constitution of India? Discuss with decided cases.
17. What are the various writs? Explain two of them.
18. Explain in brief, scope of Article 14 and Article 16 with reference to public appointment.
19. What is double jeopardy? Does it apply to disciplinary proceedings? Discuss.
20. What are the original jurisdictions of Supreme Court?
21. a) What is SLP and under which Article of Constitution of India Supreme Court can grant leave to appeal?
b) Is there any other way of appeal to SC from the order of HC other than by way of SLP? If so what is it?
22. What is the importance of Art 141 & 142 of Constitution of India? Explain.
23. a) What is the scope of Art 226? b) When Art-227 can be invoked?
24. What is public interest litigation? Can any person file a PIL in service matters?
25. What is a Writ? Can a person file a writ before High Court for compensation for damages or loss of luggage or non provision of reserved accommodation? Explain.
26. Discuss constitutional provisions as to liability of Railway to pay tax to State Govt. on its properties?
27. What is the importance of Art 299 & 300 of Constitution of India in respect to Govt. contracts?
28. What are the protections given to a Civil Servant by Constitution of India and what are the exceptions to the same. explain?
29. What is the guarantee provided to a Govt. employee under Art. 311 of the Constitution of India. Whether they are available to a person who has been found to have secured employment by fraudulent means and continued in service for more than 10 years?
30. Paul Raju joined as Jr. Clerk under S.C. quota. In a span of 12 years he climbed up the ladder and became OS Gr. I by virtue of reservation policy to SC & ST candidates. On a specific complaint, enquires revealed that he doesnt belong to SC community. Competent Authority [State Govt.] cancelled his caste certificate. How to treat the employee and his status? What action can be taken against him? Explain with case laws.
31. An employee, who is aggrieved of his seniority position in the cadre, published three years ago, wants to file OA before CAT. What conditions should satisfy the CAT to admit the case?
32. What is the limitation period for filing an application before CAT. Explain the provisions of Sec. 20& 21 of the Act.
33. What is contempt of court? Discuss powers of CAT to punish for contempt.
34. Under which Article of Constitution of India, Central Administrative Tribunals are constituted. What are their powers as per L.Chandra Kumars judgment ?
35. Whether CAT has the power to condone the delay in filing OA before it? If so, under what rule and up to what extant?
36. Explain the significance of notification under Sec. 4 [1] of Land Acquisition Act, 1894.
37. What is public purpose as envisaged by Sec. 4 [1] of Land Acquisition Act? Explain the scope of it with court rulings.
38. What are the different methods adopted by LAOs for arriving market value of the acquired lands?. Explain source of the approved methods by courts.
39. What is the importance of communication in entering into a contract? Explain with case laws.
40. What do you understand by Time is essence of contract. What are the consequences if time expires before executing the contract?
41. Define damages; Explain in detail who can claim damages out of contract and in what circumstances?
42. a) What are the essentials of a contract ?
b) All contracts are agreements, but all agreements are not contracts explain?
43. What is communication of proposal and acceptance. When communication of acceptance is not necessary what is the effect of communication by post when contract is concluded?
44. What is a proposal, when a proposal becomes promise what is the effect of a counter proposal?
45. What is a standard form contract? In order to show standard form contracts are fair, what precautions are to be taken by the firms offering them?
46. What is a privity of contract and privity of consideration? Discuss.
47. a) Distinguish between misrepresentation and fraud
b)What is the effect of mistake on contract?
48. What are the various modes of discharge of a contract? Explain.
49. What is novation of a contract, what are its effects?
50. What is a breach of contract. What is the recourse to a party when there is a breach of contract?
51. What is a contract of Indemnity? What are the rights of indemnity holder?
52. What is a contract of Guarantee? What are the essential features of guarantee? When liability of a surity can be discharged?
53. How an agency can be created. What are the essential features of agency? When labiality of principal is absolute?
54. a) What is frustration of a contract?
b) When a contract can be rescinded?
55. What are liquidated damages explain.
56. A for natural love and affection, promises to give his son Rs. 500/-. A puts his promise to B in writing and registers it. Can this be termed as a contract even though there is no consideration? Discuss with case laws.
57. Define Consumer, Defect, Deficiency and Service as provided under Section 2 of CP Act, 1986.
58. State the jurisdiction of Dist. Forum, State Commission, & National Commission.
59. State the provision and procedure of appeal and revision provided in the CP Act, 1986.
60. Discuss provisions regarding vexatious proceedings and penal provisions under CP Act.
61. State the jurisdiction, powers and authority of RCT.
62. Discuss the provision relating to limitation for admitting application under Section 17 of RCT Act, 1987.
63. What is the procedure for making an application to the RCT for seeking any relief referred in Section 13 of RCT Act, 1987.
64. Discuss the provision of appeal provided under Section 23 of RCT Act, 1987. What is the extent of liability of Rly Admn u/s 124 of Rly Act, 1989. Suppose, there are four dependents to a deceased passenger who are entitled for compensation out of which two are minors. Who has to file application before RCT for compensation ? How much compensation they are entitled individually, as well as for all of them together ?
65. A milk tank wagon which was attached to an express train is supposed to reach its destination and delivered within 12 hrs. But the wagon was detached en route due to hot axle, and got detained for 72 hrs at the way side station. The dairy company made a claim. What are the defences available to Rly. Admn?
66. a)What is the general responsibility of Railway Administration as carrier of goods?
b) What is the responsibility of Rly. Admn for any damage/loss of the goods to be loaded or delivered at a siding not belonging to Rlys?
67. a) What is the responsibility of Rly Admn for damage/loss of goods caused due to delay or detention in transit?
b) What is the responsibility of the Rly Admn for damage loss of any consignment carried at owner's risk?
68. a)What is the responsibility of the Rly Admn for damage loss of goods of consignment after termination of transit?
b)State the cases where Rly Admn is exonerated from liability as provided u/s 102 of Rly. Act, 1989.
69. State the provision of notice of claim as provided u/s 106 of the Rly Act, 1989 and discuss its scope.
70. What do you mean by untoward incident as provided u/s 123 of Rly. Act. 1989? What is the extant of liability of Railways when passenger in waiting hall of railway station was seriously injured in a bomb explosion ?
71. State the provision of Taxation on Rlys by local authority's u/s 184 of the Rly Act, 1989.
72. Discuss legal provisions relating to ticketless travel and transfer of tickets.
73. Discuss powers and jurisdiction of Railway Rates Tribunal
74. What is preference of traffic? Discuss provisions under Railways Act.
75. What is reference? Who can make reference? When a reference has to be made?
76. What are the various kinds of strikes? When a strike becomes illegal. When strikes are prohibited?
77. What are the powers and duties of Labour Court & Industrial Tribunal?
78. Who are protected workman? What are their rights?
79. What is the importance of Sec. 33 C [2] of ID Act?
80. When does an individual dispute deem to be industrial dispute? Discuss with case laws.
81. Discuss in detail the scope of continuous service under ID Act. What are the prerequisites for retrenchment under the Act?
82. A right to strike in public utility service is a myth. Comment.
83. A gateman, while coming for duty on a bicycle hit by a truck from behind and knocked down on his way which is 2 km away from the work place and died. Whether he is entitled compensation under W.C. Act? Discuss in detail with decided cases.
84. A gang man, while working on track was run over by speeding train and died instantaneously. His wife received compensation under W.C. Act from Rly. Admn. On some advice, she filed case before RCT under 124-A of Rlys Act. Whether she is entitled for compensation by RCT. Discuss.
85. Accidents arising out of and in the course of employment Elucidate. When a workman is not entitled for compensation?
86. A Workman injured in an accident. What are the other alternatives apart from claim under WC Act to him to claim compensation?
87. Upon the orders of the WC Commissioner, to which court appeal lies and under what grounds?
88. Discuss in detail appeal provisions under Workmen's Compensation Act.
89. List out source of the permissible deduction from wages applicable to Railways. Explain briefly important legal provisions of Payment of wages Act.
90. Who are responsible for payment of wages, fixation of wages period and time & duration of payment of wages? What are the conditions attached?
91. Discuss legal provisions relating to limitation, appeal and penalty under Payment of Wages Act.
92. What are the salient features of Minimum Wages Act?
93. who is an employer and what are his responsibilities and liabilities?
94. What is Minimum wages. What components do not be part of wages.
95. Explain in detail the role of inquiry officer under R.S. D&A Rules, 1968.
96. When DA disagree with the report of inquiry officer, what are the courses that can be followed and how to deal with the case?
97. An employee was issued with a minor penalty charge sheet. He submitted a representation to conduct an enquiry. Whether DA is bound to conduct enquiry? When enquiry can be conducted or to be conducted for imposition of a minor penalty ?
98. A Gr. D employee's appointment letter was issued by Sr.DPO. His promotion to as clerk was issued by DPO. While he was clerk, in a departmental proceeding he was imposed penalty of removal by DPO. Whether this action is correct? Explain ?
99. Discuss various types of suspensions under rules and subsistence allowance.
100. How Disciplinary authority, appointing authority, revisionary authority are to be determined with regard to a charged employee under D&A rules.
101. a) How a requisition for obtaining information can be made. Whether the applicant requires to give any reason for obtaining the information?
b) What are the information that are exempt from disclosure?
102. What are the salient features of Right to information Act?
103. What are the objectives of legal services authorities Act?
104. How a party refer a dispute to Lok Adalat?
105. What are the disputes exempt from Lok Adalat jurisdiction?
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