Law Legal Studies · Civics Polity
Legal Principles and Doctrines
2,539 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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a minor of sound mind
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a major of sound mind
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any person of sound mind
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any major of sound or unsound mind
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principle of sound mind
B
Correct answer
Explanation
Option (1) is incorrect: An agent cannot be appointed by a minor.
Option (2) is correct: Under the Indian Contract Act, 1872, an agent can only be appointed by a person who is major and who is of sound mind.
Option (3) is incorrect: An agent can be appointed only by a major of sound mind.
Option (4) is incorrect: An agent can be appointed only by a major of sound mind.
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Section 45
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Section 15
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Section 53A
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Section 35
D
Correct answer
Explanation
Option (1) is incorrect: Section 45 of the Transfer of Property Act, 1882 provides joint transfer for consideration.
Option (2) is incorrect: Section 15 of the Transfer of Property Act, 1882 provides transfer to a class, some of whom come under Sections 13 and 14.
Option (3) is incorrect: Section 53A of the Transfer of Property Act, 1882 deals with part performance.
Option (4) is correct: Section 35 of the Transfer of Property Act, 1882 deals with the doctrine of election.
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Explanation III to Section 11
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Explanation IV to Section 11
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Explanation VI to Section 11
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None of these
B
Correct answer
Explanation
Option (1) is incorrect: Explanation III to Section 11 states that the matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
Option (2) is correct: Explanation IV to Section 11 talks about constructive res judicata.
Option (3) is incorrect: Explanation VI to Section 11 talks about representative persons.
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Rule 10 of the CPC
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Rule 10A of the CPC
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Rule 11 of the CPC
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All of the above
C
Correct answer
Explanation
Option (1) is incorrect: Order VII, Rule 10 of the CPC deals with return of plaint.
Option (2) is incorrect: Order VII, Rule 10A of the CPC provides for power of court to fix a date of appearance in the court, where plaint is to be filed after its return.
Option (3) is correct: Order VII, Rule 11 the of CPC provides for rejection of plaint.
Option (4) is incorrect.
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certiorari
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habeas corpus
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quo warranto
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none of these
B
Correct answer
Explanation
Habeas corpus is a legal writ that requires a person under arrest to be brought before a judge or into court. It's specifically designed to protect individual liberty against unlawful detention. Certiorari deals with judicial review, and quo warranto questions authority.
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The pleading of a legal cause
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Contradiction
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A main occupation
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A side interest
D
Correct answer
Explanation
An avocation is a hobby, side interest, or minor occupation pursued alongside one's main vocation or career. It's something done for pleasure rather than as a primary profession. Option D is correct. It does not mean legal pleading, contradiction, or main occupation - those are the opposite or unrelated concepts.
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one witness
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two witnesses
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three witnesses
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four witnesses
B
Correct answer
Explanation
Under Section 3 of Transfer of property act, 1882, 'attested' in relation to an instrument means attested by two or more witnesses.
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even after the evidence of both the sides is closed
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after the evidence of prosecution is closed, but before the evidence of defense is closed
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before the evidence of prosecution is closed, if the witness is to be called on the motion of the prosecution
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after the evidence of prosecution is closed, if the witness is called on the motion of the defense
A
Correct answer
Explanation
Option (1) is correct: Power to recall any witness(es) under Section 311 of the CrPC can be exercised at any stage of any inquiry, trial or other proceedings under this code.
Option (2) is incorrect: No such provision
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision
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a cognizable offence
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a non-cognizable offence
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Both (1) and (2)
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a non-cognizable offence only as the police has no power to investigate such an offence
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a bailable as well as non-bailable offence
C
Correct answer
Explanation
Option (1) is incorrect: A complaint may relate to both cognizable and non-cognizable offences.
Option (2) is incorrect: A complaint may relate to both cognizable and non-cognizable offences.
Option (3) is correct: A complaint may relate to both cognizable and non-cognizable offences.
Option (4) is incorrect: No such provision
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cannot be a witness
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can be compelled to give his own evidence generally
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can be called as a witness only on his own request in writing
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Either (1) or (2)
C
Correct answer
Explanation
Option (1) is incorrect: An accused can be a witness.
Option (2) is incorrect: An accused can be compelled to give his own evidence generally.
Option (3) is correct: Under the provision of Section 315, an accused shall not be called as a witness, except on his own request in writing.
Option (4) is incorrect: Neither (1) nor (2)
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Vitiated itself
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Vitiated if caused failure of justice
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Seriousness has to be seen
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Refer to the High Court
B
Correct answer
Explanation
Option (1) is incorrect: Trial in wrong place doesn’t vitiate itself till it causes failure of justice.
Option (2) is correct: If trial causes failure of justice, then trial vitiates itself.
Option (3) is incorrect: Failure of justice has to be seen.
Option (4) is incorrect: No reference to the High Court.
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closing of arguments
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judgement is written
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judgement is pronounced
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None of these
C
Correct answer
Explanation
Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: The court may alter or add to any charge any time before the judgement is pronounced.
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an offence cannot be compounded
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an offence can be compounded by any of the eyewitnesses
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the legal representative of such person can compound the offence without the consent of the court
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the legal representative of such person can compound the offence with the consent of the court
D
Correct answer
Explanation
Option (1) is incorrect: Offence can be compounded.
Option (2) is incorrect: Offence can always be compounded by the party to suit or their legal representatives.
Option (3) is incorrect: Cannot compound without the consent of court.
Option (4) is correct: Under Section 320(4)(2) of the CrPC, when the person who would otherwise be competent to compound an offence under Section 320 is dead, the legal representative of such person may, with the consent of the court, compound such offence.
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It can take cognizance without commitment.
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It can't take cognizance without commitment.
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It can take cognizance on DM's recommendation.
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It can take cognizance if challan is put up by SP.
B
Correct answer
Explanation
Option (1) is incorrect: The Court of Session cannot take direct cognizance without commitment.
Option (2) is correct: Under Section 193 of the CrPC, except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under this Code.
Option (3) is incorrect: The CrPC doesn’t provide any such provision while taking cognizance by the Court of Session.
Option (4) is incorrect: The Court of Session cannot take direct cognizance even if challan put up by the SP.
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Is this statement true?
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Is this statement not true?
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Depends on discretion of Court
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There is no such provision
A
Correct answer
Explanation
Option (1) is correct: Under Section 87 of the CrPC, the court may issue a summons for the appearance of any person, issue, after recording its reasons in writing a warrant for his arrest.
Option (2) is incorrect: This statement is true.
Option (3) is incorrect: A specific provision has been provided in the Code of Criminal Procedure. Hence it is not the court’s discretion.
Option (4) is incorrect: Under Section 87, a specific provision has been laid down.