Legal Principles and Doctrines

Quo Warranto is a Latin legal term meaning 'by what warrant/authority.' It's a writ issued to question by what authority a person holds a public office. Among the options, 'We order' is closest to its meaning - it's an authoritative demand to justify holding office.

Constructive res-judicata is contained in explanation IV of section 11 of the code of civil procedure as any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

No oath shall be administered to the accused when he is examined under section 313 sub-section (1) of the code of criminal procedure.

Supreme Court in the case of "Salem Advocate Bar Association, Tamil Nadu v. Union of India" observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid.

Under Order VII, Rule 11 of CPC, whole of the plaint is to be rejected.

Agency stands terminated by the death, insanity or insolvency of either the principal or the agent.

Section 2(2) of the code of civil procedure defines “decree” as the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include - (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. 

Precedent means an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. It makes sense here.

Section 26 of the Specific Relief Act deals with rectification of instruments. It allows courts to correct written instruments that do not reflect the true intention of the parties due to fraud or mistake.

Section 27 provides the circumstances under which courts may adjudicate rescission or refuse it. It sets forth the principles for when this cancellation remedy will be granted versus when it will be denied.

The preamble is indeed not enforceable in a court of law - it is non-justiciable, meaning courts cannot directly enforce it or give remedies based solely on the preamble. However, the preamble contains a typo: 'court of low' should be 'court of law'. Courts can use the preamble as an interpretive aid to understand the Constitution's basic philosophy when there is ambiguity in constitutional provisions. The preamble has only been amended once (42nd Amendment, 1976), not twice.

Article 32 empowers the Supreme Court and Article 226 empowers High Courts to issue five types of writs: Habeas Corpus (to produce a detained person), Mandamus (to direct a public authority), Quo Warranto (to question legality of holding office), Certiorari (to quash illegal orders), and Prohibition (to prohibit lower courts). All listed writs are valid constitutional remedies.

At the stage of passing an interlocutory order such as on an application for the grant of ad interim injunction under Rule 1 or 2 of Order 39 of the CPC, the competent court shall have to form its opinion on the availability of a prima facie case, balance of convenience and irreparable injury, the three pillars on which rests the foundation of any order of injunction.

Where a party to a suit requires information as to facts from the opposite party, it may administer to its adversary a series of questions. These questions are called interrogatories.