Legal Principles and Doctrines

The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ, the court inquires 'by what authority' the person supports his or her claim.

Adherence to precedent is the doctrine of stare decisis, a Latin phrase meaning 'to stand by things decided.' This foundational principle of common law requires courts to follow previous judicial decisions (precedents) when ruling on cases with similar facts and legal issues. It ensures consistency and predictability in the legal system.

Order 2 Rule 3 of the CPC permits joinder of causes of action - multiple legal grounds for relief arising from different transactions but against the same defendant. This promotes judicial efficiency by avoiding multiplicity of suits.

Under Section 119 of Indian Evidence Act, 1872, evidence given by a dumb witness through writing or signs in open court is deemed to be oral evidence and is fully admissible. The witness must be administered questions in writing and answer in writing or signs.

Under Section 3 of the Indian Evidence Act, 'Not proved' means a fact is neither proved nor disproved - the court believes the fact's existence is not proven, but its non-existence is also not clearly established. It's a state of uncertainty. 'Not proved' doesn't mean the fact doesn't exist (that's 'disproved'), nor that it definitely exists (that's 'proved'). The court simply lacks sufficient evidence either way.

Conspiracy is a continuing offence under Section 120B of the IPC and criminal conspiracy laws. It continues from the agreement to commit an illegal act until the act is abandoned or achieved. Conspiracy becomes an offence upon agreement itself, regardless of whether illegal results occur. It's a criminal offence (not just civil wrong) and constitutes an independent offence.

Opiton 1 is the right choice as 'ultra vires' means 'beyond the legal power or authority of a person, corporation, etc'.

Option (1) is incorrect: Under Section 56 of the Indian Evidence act, facts judicially noticeable need not be proved. Option (2) is incorrect: Under Section 56 of the Indian Evidence act, facts admitted need not be proved. Option (3) is correct: All facts may be proved by oral evidence, but contents of documents cannot be proved by oral evidence. Option (4) is incorrect: Under Section 59 of the Indian Evidence Act, oral evidence must be direct.

Option (1) is correct: When a person is accused of any offence, the burden of proving the guilt of the accused beyond reasonable doubt is always on prosecution. Option (2) is incorrect: The accused has the right to defend himself. Option (3) is incorrect: The burden is only on the prosecution side. Option (4) is incorrect: It does not depend on the circumstances of the case. It is always on prosecution.

Options (1), (2) and (3) are incorrect. Option (4) is correct: Under Section 3 of the Indian Evidence Act, a fact is said to be 'not proved' when it is neither proved nor disproved.

While taking evidence, the court has to see that the evidence is confined to the matter in issue. Hearsay is a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay evidence must not be admitted until it must be the evidence of a witness who says he heard it. Hence, option 3 is correct. Option (4) is incorrect: The main object of the Indian Evidence Act is to give best evidence in all cases. 

Option (1) is incorrect: Accomplice is a competent witness under Section 133 of the Indian Evidence Act. Option (2) is incorrect: Accomplice is a competent witness under Section 133 of the Indian Evidence Act. His evidence would be relevant in evidence. Option (3) is incorrect: The court cannot believe his evidence blindly, but can take into consideration. Option (4) is correct: Under the Indian Evidence Act, his evidence is relevant under Sections 114 and 133 of the Indian Evidence Act.

Option (1) is incorrect: The evidence shall not be given in the above situation. Option (2) is incorrect: The evidence shall not be given in the above situation. Option (3) is incorrect: The evidence shall not be given in the above situation. Option (4) is correct: Section 153 of the Indian Evidence Act, 1872 says that when a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him.

Option (1) is incorrect: Oral evidence about the contents of public documents is not admissible in law. Option (2) is correct: As per Section 76 of the Indian evidence Act, 1872, every public officer shall give the person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document of part thereof, dated and subscribed by such officer with his name and his official title, and shall be sealed, and such copies so certified shall be called certified copies. Option (3) is incorrect: Photostat copy of public document is not admissible as secondary evidence. Option (4) is incorrect: Written admission of public document is not admissible as secondary evidence.

Option (1) is correct: Under Section 90 of the Indian Evidence Act, 1872, if a document is produced from any custody which the court, in the particular case, considers proper, then the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting only if the document is purporting or proved to be thirty years old.

Options (2), (3) and (4) are incorrect.