Law Legal Studies · Civics Polity
Legal Principles and Doctrines
2,603 Questions
Legal principles and doctrines establish the foundational rules of jurisprudence and civil rights. Questions cover constitutional reasonable restrictions, courtroom evidence standards, and property laws. These topics are strictly necessary for law legal studies exams and judicial services prelims.
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Legal Principles and Doctrines Questions
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When public servant is not acting in good faith
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When public servant is acting under the direction of superior authority
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When there is no apprehension of death
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When there is only hurt
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/
C
Correct answer
Explanation
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
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Relevant
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Irrelevant
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Relevant and admissible
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Relevant and inadmissible
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Both 3 and 4
C
Correct answer
Explanation
This is the correct option. According to above stated facts, this evidence is relevant and admissible as provided by the Supreme Court in the case of Magraj Patodia vs. R. K. Birla.
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Balance of convenience
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Beyond reasonable doubt
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Below reasonable doubt
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Discretion of court
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None of the above
B
Correct answer
Explanation
This is the correct answer. According to Holroyd J, it is better that ten guilty men should escape rather than the conviction of one innocent person. So, standard of proof must be beyond reasonable doubt.
Match the following:
| |
|
| List I |
List II |
| I. Grave and sudden provocation |
A. Exception 2, Section 300 |
| II. Death caused in sudden fight |
B. Exception 5, Section 300 |
| III. Death caused by consent |
C. Exception 1, Section 300 |
| IV. Exceeding right of private defence |
D. Exception 4, Section 300 |
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I - A, II - C, III - B, IV - D
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I - D, II - A, III - B, IV - C
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I - C, II - B, III - A, IV - D
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I - C, II - D, III - B, IV - A
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None of these
D
Correct answer
Explanation
Exception 2 of Section 300 states that culpable homicide is not murder if the offender, in the exercise of good faith of the right of private defence of a person, exceeds the power.
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Emasculation
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Slap on the eye
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Permanent privation of the hearing or either eye
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Privation of any member or joint
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None of these
B
Correct answer
Explanation
Slap on the eye is not a kind of grievous hurt, neither in criminal nor in general.
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A writ issued by superior court command that a specific thing be done
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A legal term for a prisoner' s right to appear in person & be tried in court
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A written public declaration of the intentions, opinions or motives of a sovereign or of a leader, party or body
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The principle of hybridization, discovered by Gregor Mendel which led to the improved breeds of plants & animal life
A
Correct answer
Explanation
Mandamus is a judicial writ issued by a superior court commanding a lower court, tribunal, public official, or corporation to perform a specific duty that they are legally obligated to complete but have failed or refused to do. It literally means 'we command' in Latin. Option B refers to habeas corpus. Option C describes a manifesto. Option D refers to Mendelian genetics and hybridization, which is unrelated to legal terminology.
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the reasons for rejection
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the period within which an appeal can be preferred
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the particulars of appellate authority
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an apology for not providing information
D
Correct answer
Explanation
Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request —
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
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(a), (b) and (c) only
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(b), (c) and (d) only
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(a), (c) and (d) only
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(a), (b), (c) and (d) all
D
Correct answer
Explanation
One's complaint will not be considered if:
- One has not approached his bank for redressal of his grievance first.
- The subject matter of the complaint is pending for disposal / has already been dealt with at any other forum like court of law, consumer court etc.
- Frivolous or vexatious
- The institution complained against is not covered under the scheme.
- The subject matter of the complaint is not within the ambit of the Banking Ombudsman.
- If the complaint is for the same subject matter that was settled through the office of the Banking Ombudsman in any previous proceedings.
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he has to give reasons for seeking the information
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he is not liable to give reasons for seeking the information
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if reason is given, it can help in quick disposal of the request for information
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information cannot be provided by the public authority without knowing the reasons for seeking information
B
Correct answer
Explanation
It is to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. There is no prescribed form of application for seeking information as the application can be made on plain paper. The information seeker is not required to give reasons for seeking information.
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High courts should not pass interim orders which are likely to hamper investigator.
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A Magistrate can under Section 156 (3), code of criminal procedure, 1973 send a complaint of non-cognizable offence to the police.
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The power if the Magistrate of the first class to take cognizance of cognizable offence may be impaired by territorial restrictions.
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During the course of investigation by the police, the question of cross examination does not arise.
B
Correct answer
Explanation
Statement 2 is incorrect.
A magistrate under sec 156(3) of Code of Criminal Procedure,1973, may order further investigation in a cognizable offence to the police.
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Superintendent of police concerned
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Magistrate having the power to try such case or commit the case for trial
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Chief Judicial Magistrate
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Sessions Court
B
Correct answer
Explanation
Non-cognizable offences are serious in nature so no police officer can investigate a non-cognizable case without the order of Magistrate having the power to try such case or commit the case for trial as provided under section 155(2) of Code of criminal procedure,1973.
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Only 1
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Only 2
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Both 1 and 2
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Neither 1 nor 2
D
Correct answer
Explanation
The immunity enjoyed by the President in respect of his/her personal acts, during his/her tenure is an exception to the fundamental right to equality (of treatment in similar circumstances and absence of any special privilege in favour of any individual) as mentioned in Article 14 of the Indian Constitution. The President of India is immune from any criminal proceedings against him/her. But after giving 2 month notice, civil proceedings can be instituted against him/her.
Match the following:
| |
|
| List - I (Writ) |
List - II (Purpose) |
| A. Writ of Mandamus |
1. Prohibition of an action |
| B. Writ of Prohibition |
2. Direction to the official for the performance of a duty |
| C. Writ of Certiorari |
3. Trial of the right to title of elective office |
| D. Writ of Quo Warranto |
4. Transferring of a case from lower court to a court of higher jurisdiction |
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A - 2, B - 1, C - 4, D - 3
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A - 1, B - 2, C - 4, D - 3
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A - 3, B - 1, C - 4, D - 2
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A - 4, B - 1, C - 3, D - 2
A
Correct answer
Explanation
The purpose of Writ of Mandamus is direction to the official for the performance of a duty. Prohibition is prohibition of an action, Certiorari is transferring of a case from lower court to a court of higher jurisdiction and Quo Worranto is trial of the right to title of elective office. A writ of mandamus is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. Certiorari is a type of writ seeking judicial review, recognized in U.S, Roman, English, Philippine, and other laws, meaning an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.
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Party name
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Educational qualifications of the candidate
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Details of assets and liabilities of the candidate
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Details of political experience
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Serious criminal cases pending against the candidate
D
Correct answer
Explanation
This is the correct answer as the affidavit or the Legal Declaration does not require any details about the candidates' experience as a political leader.