Legal Principles and Doctrines

Option (1) is incorrect: A retracted confession is one which is withdrawn or retracted later on by the person making it. It is a very weak type of evidence. Option (2) is incorrect: Doesn’t remain in evidence till corroborated Option (3) is correct: A confession, when retracted by the person making it, becomes a weak type of evidence and will require to be corroborated while in trial. Option (4) is incorrect: No such provision

Option (4) is correct: Section 114 of Evidence Act states that Court may presume existence of certain acts.

Option (1) is incorrect: 'Professional Communication' between an advocate and his client is admissible in evidence. Option (2) is incorrect: 'Professional Communication' between an advocate and his client is a privileged communication even after the contract rescinds. Option (3) is correct: U/s 126 of Evidence Act, no barrister, attorney, pleader or vakil shall at any time be permitted to disclose any communication made to him in the course of his employment, unless with his client’s express consent. Option (4) is incorrect: It is admissible whether it is legal or illegal.

Option (4) is correct: Newspaper report about any matter is secondary evidence and falls under Section 63 of the Evidence Act.

Option (3) is correct: Hostile witness is one who gives adverse statement against the party who called him as a witness.

Option (1) is correct: In a criminal case, service of summons can be made on the witness only through police.

Option (1) is correct: Re-calling the witness is known as re-examination of a witness.

Option (1) is correct: Under Evidence Act, if a thirty years old document is produced from a proper custody, then the court will presume.

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.