Legal Principles and Doctrines

Cognizance means taking notice of a crime. When magistrate comes to know about the offence on the submission of police report is known as cognizance of offence.

A matter already judged is barred by the code of civil procedure is called res judicata.

Res subjudice means a matter already pending in the court of law cannot be tried again in a new suit. The suit instituted again will be stayed as per the provisions of section 10 of code of civil procedure.

According to the presumption of the court, a normal person will not make such statements which will harm him. The Section provides that if a person is making such statements, then they will be relevant and admissible. 

Above stated facts are the necessary conditions of Section 60. For oral evidence, any one of the above stated facts must be fulfilled. So, this is the correct answer.

This should be done before judgement is given by the court.

"Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

Evidence that may be given verbally or otherwise which is not correct is called false evidence.

Apart from claim form and survey report, the other documents required for processing the claim are:

(1) Driving Licence (2) Registration Certificate Book (3) Fitness Certificate (Commercial Vehicles) (4) Permit (Commercial Vehicles) (5) Police Report (Taxis, commercial Vehicle need F.I.R./ spot survey, if loss is heavy or T.P. loss occurs) (6) Final Bill from repairers (7) Satisfaction Note from the insured (8) Receipted bill from the repairer, if paid by insured. (9) Discharge voucher (full and final payment)

No complaint to the Ombudsman shall lie unless:- (a) the complainant, before making a complaint to the Ombudsman, had made a written representation to the insurer named in the complaint and either insurer had rejected the complaint or the complainant had not received any reply within a period of one month after the insurer concerned received his representation or the complainant is not satisfied with the reply given to him by the insurer. (b) the complaint is made not later than one year after the insurer had rejected the representation or sent his final reply on the representation of the complainant; and (c) the complaint is not on the same subject matter, for which any proceedings before any court, or Consumer Forum, or arbitrator is pending or were so, earlier.

Documents required for Fire Claims (additional documents):

• Report of the Internal Committee constituted for investigating the cause of fire.
• Fire Brigade Report.
• First Information Report / Letter of intimation to the Police Station duly endorsed / Police Panchnama.
• Forensic Laboratory Report on samples collected at affected site.
• Drug Inspector's Report on destruction of Drugs/ Pharmaceutical items (for claim on pharma products only).
• Final Investigation Report.
• Action taken on the suggestion of TAC/ LPA on loss minimisation of prevention.

A decree is preliminary when further proceedings are required to completely dispose of the suit, or when the suit is not fully resolved. It's not about being in early stages, but about whether additional action is needed for final disposal.

Under Section 217 CrPC, courts have broad authority to alter or add to any charge at any time before judgment is pronounced. This provision ensures that the trial court can correct errors or omissions in framing charges even after trial commences, as long as the final judgment has not been delivered. Options A and B are incorrect because they suggest earlier cut-off dates not supported by law.

Section 161(2) CrPC grants witnesses the same privilege against self-incrimination as they would have in court. A witness may refuse to answer questions if the answers would expose them to criminal charges, penalties, or forfeitures. All three situations (A, B, C) constitute valid grounds for refusal, making D the correct answer as it encompasses all scenarios where self-incrimination protection applies.

Section 265E CrPC explicitly mandates that in plea bargaining cases, the judgment must be delivered in open court. This provision ensures transparency and public scrutiny of the plea bargaining process, preventing secret deals between parties. Options A and B are incorrect because courts must deliver judgments publicly, and the parties' agreement itself does not operate as judgment until court approval.