Legal Principles and Doctrines

Option (1) is incorrect: An assembly of five or more persons is designated an "unlawful assembly”. Option (2) is incorrect: An unlawful assembly must be animated by a common object. Option (3) is correct: It doesn’t include that persons assembled for lawful purpose but started quarrelling without any previous intention.

Option (1) is correct: This statement epitomises the doctrine of colourable legislation.

Option (3) is correct: Hearing under “Audi alteram partem" may be in writing or oral.

Option (2) is correct: Section 10 of Code of Civil Procedure states "If two suits between the same parties involve the same subject matter and the same question, then subsequent suit should be stayed."

Option (4) is correct: Res judicata under Section 11 of the Code of Civil Procedure deals with any suit or issue. So, the principle of res judicata applies to suits and execution proceedings also.

Option (4) is correct: Under Section 148A of the Code of Civil Procedure, a caveat may be lodged when a suit or proceedings instituted or about to be instituted in a court, i.e. when a person claiming a right to appear before the court on the hearing of such application may lodge a caveat in respect thereof.

Option (4) is correct: When the High Court calls for the record of any case which has been decided by any court subordinate to such High Court, such suit shall not operate as a stay of suit or other proceeding before the court, except where such suit or proceeding is stayed by the court.

Option (4) is correct: Under Section 10 of the CPC, for the application of the principle res subjudice, suits must be between the same parties or litigating under the same title must be pending for disposal in a court and the matters in issue in the two suits must be directly and substantially the same.

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. Option (2) is incorrect: After the rejection, a plaintiff can present a fresh suit. Option (3) is incorrect: A plaintiff does not require the leave of the High Court.

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to examine any person. Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to examine and adjust accounts. Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to perform any ministerial or clerical act. Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commissions to arrest a person.

Option (2) is correct: Section 156(3) of the Code of Criminal Procedure states that any magistrate empowered under Section 190 may order such an investigation as mentioned under Sections 156(1) and 156(2).

Option (2) is correct: A Magistrate cannot issue a summons to an accused to appear before a police officer.

Option (2) is correct: Under Section 155(2) of the CrPC, no police officer shall investigate a non- cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial.

Option (2) is correct: Under Section 313(2) of the CrPC, no oath shall be administered to the accused when he is examined under Section 313.

Option (4) is correct: A memorandum of arrest of a person is required to be signed and attested by a member of his family and one member of the locality, and countersigned by the arrested person.