Legal Principles and Doctrines

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.

Option (3) is correct: In a bailable offence, conditions cannot be imposed while granting bail either by police officer or by the court.

Option (1) is incorrect: An indirect intimation about a person or thing, of a disparaging nature Option (2) is correct: Defamation by oral utterance rather than by writing, pictures, etc. Option (3) is incorrect: Defamation by written or printed words, pictures or in any form other than by spoken words or gestures Option (4) is incorrect: Option (2) is correct.

I – B, II – D, III – C, IV – A

Fraud requires an intention to deceive. An innocent statement made by a person who honestly believes it to be true constitutes misrepresentation, not fraud.

Undue influence can arise when a person's mental capacity is affected by age, illness, or mental/bodily distress, allowing another to dominate their will.

Undue influence occurs when one party occupies a position of power over another and uses that position to obtain an unfair advantage. This superior position allows them to dominate the will of the weaker party, making the resulting consent invalid. It is a key concept in ensuring that contracts are entered into freely and fairly.