Question
Doctrine of forum prorogatum means
The correct answer is
Jurisdiction can be conferred upon an existing tribunal not otherwise competent by the litigants during the proceedings.
Understanding the Doctrine of Forum Prorogatum
The Doctrine of forum prorogatum refers to a legal principle where parties involved in a legal proceeding can effectively grant or extend jurisdiction to a court or tribunal that might not otherwise possess it.
Key aspects of this doctrine are:
- Consent is crucial: Jurisdiction is conferred based on the consent of the litigants.
- Timing matters: This consent is typically given or implied during the ongoing proceedings.
- Tribunal Competence: It applies even if the tribunal was not initially competent to hear the case based on standard jurisdictional rules.
Analysis of Options
Based on the definition:
- Option 1 is incorrect because the doctrine specifically allows for conferring jurisdiction.
- Option 2 correctly states that jurisdiction can be conferred by litigants upon a tribunal not otherwise competent during the proceedings. This aligns with the principle of forum prorogatum.
- Option 3 is incorrect as the conferring of jurisdiction is typically considered effective during the proceedings, not after they have concluded.
- Option 4 is incorrect because Option 2 accurately describes the doctrine.
Therefore, the correct interpretation of the Doctrine of forum prorogatum is that jurisdiction can be conferred by litigants during proceedings upon a tribunal not otherwise competent.
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Important Questions from Public International Law
- Assertion (A) : Ratifying international conventions has impacted legislations, policies and programmes for women and children.
Reason (R) : Non-compliance with the article in the conventions leads to punitive measures against the transgressing state.
Select the most suitable option : - "The Law of nations is that collection of usages which civilized states have agreed to observe in their dealings with one another". This definition of International law is given by Lord Coleridge"-in :
- In which of the following cases it was held that "there is no distinction between defacto and dejure recognition for the purpose of giving effect to the international acts of the recognised authority"?
- Mention the following decisions in a chronological order on Extradition :
(a) Mubarak Ali Ahmed V State of Bombay
(b) Hans Muller of Nurremberg V Suptt. Presidency Jail Calcutta and Others
(c) Ram Babu Saxena V State
(d) State of Madras V C.G. Menon
Choose the correct option : - Given below are two statements – one is labelled as Assertion (A) and the other is labelled as Reason (R)
Assertion (A) : Subject to rules of Jus cogens local customary law can supplement or derogate from general custom
Reasons (R) : International law does not recognise the concept of local custom
In the light of the above two statements choose the correct option
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