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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compet a witness to answer any question which such witness is entitled to refuse to answer if the question were asked by the adverse party.
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to ask a question which would be proper for any other person to ask.
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to elicit clarity on a point.
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None of these
A
Correct answer
Explanation
Under Section 165 of the Evidence Act, judges have broad powers to put questions to witnesses or order production of documents, BUT this power is subject to important limitations. The judge cannot compel a witness to answer questions that the witness would be entitled to refuse if asked by the adverse party - this includes questions protected by privilege (like spousal communication under Section 122) or self-incrimination protections under Section 132. The judge's power is investigative, not coercive beyond what the adverse party could do. The judge CAN ask questions proper for others to ask and elicit clarity, but cannot override witness protections.
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when equally efficacious relief can be obtained by any other usual mode of proceeding
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the plaintiff has not come to the court with clean hands
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to prevent nuisance when it is not reasonably clear
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All of these
D
Correct answer
Explanation
Under the Specific Relief Act, 1963, injunction relief cannot be granted when equally efficacious alternative relief is available, when the plaintiff approaches court with unclean hands (conduct related to the suit), or to prevent nuisance where the case isn't reasonably clear. These principles are codified in Section 41 and ensure injunctions are granted only as exceptional remedies when no other adequate remedy exists.
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compensation in terms of money would be adequate relief for the loss of ring
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‘J’ is bonafide purchaser of ring for consideration
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there is no jural relation between ‘N’ & ‘J’
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None of these
D
Correct answer
Explanation
In cases of stolen goods, the true owner 'N' is entitled to recovery of the specific property (the diamond ring) even from a bonafide purchaser like 'J'. Monetary compensation is NOT adequate relief because the ring has unique value (engagement ring). Option B is wrong because bonafide purchaser status is no defense for stolen goods under Indian law. Option C is incorrect because there IS a jural relation - 'N' as owner vs 'J' as possessor. Therefore, decree cannot be refused on any of these grounds, making D correct.
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Mandamus
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Certiorari
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Quo Warranto
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Habeas Corpus
D
Correct answer
Explanation
Habeas Corpus is unique among writs because it directly questions the legality of detention itself. Since each new detention creates a fresh cause of action, the principle of res judicata (which bars the same matter from being relitigated) does not apply to Habeas Corpus petitions. A person can file successive Habeas Corpus petitions if there are new grounds or if the detention continues. The other writs (Mandamus, Certiorari, Quo Warranto) can be subject to res judicata in appropriate circumstances.
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when a Judge on the Bench having heard the matter did not disclose his connection with the subject matter
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the petitioner filing the petition was not a party before the Court but has suffered a grave prejudice by the decision
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the grounds mentioned in the Curative Petition had been agitated in the Review Petition which was dismissed in circulation
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All of these
D
Correct answer
Explanation
The Supreme Court's Curative Petition jurisdiction (established in Rupa Ashok Hurra case) can be exercised when: (1) there was a breach of principles of natural justice (like a Judge not disclosing interest), (2) a party not before the Court suffered grave prejudice, OR (3) the grounds were raised in review but dismissed without proper consideration. The Court has held that all these situations can justify entertaining a Curative Petition as it's the last judicial remedy available.
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Quo-W arranto
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Mandamus
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Prohibition
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Certiorarti
A
Correct answer
Explanation
Quo warranto is the writ issued to challenge the legality of a person holding a public office. It literally means 'by what authority' and is used to quash unconstitutional or illegal appointments to public offices. The other writs serve different purposes: mandamus commands performance of duty, prohibition directs judicial/quasi-judicial bodies, and certiorari quashes illegal orders.
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Directing any person, corporation or inferior court to do some particular thing
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The purpose of releasing from illegal custody, person unlawfully detained
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Direction of the Supreme Gourt to an inferior court to send the records of the pending case.
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Direction the lower court to stop proceedings by a higher court
B
Correct answer
Explanation
Habeas Corpus (Latin for 'you may have the body') is a court order directing authorities to produce a detained person before the court to determine the legality of their detention. Option B correctly states its purpose.
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Habeus Corpus
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Mandamus
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Prohibition
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Quo-Warranto
A
Correct answer
Explanation
Habeas Corpus (literally 'you may have the body') is the writ issued to challenge illegal detention of a person. It directs the detaining authority to produce the detained person before the court and justify the detention. Mandamus, Prohibition, and Quo Warranto serve different purposes and do not specifically address illegal detention.
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Injunction
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Stay
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Caveat
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Refrain
C
Correct answer
Explanation
Caveat is a legal notice by lawyers to a court or public officers to suspend a proceeding until the notifier is given a hearing.
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Misfeasance
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Moral turpitude
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Malfeasance
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Excesses
C
Correct answer
Explanation
Malfeasance is used generally to describe any act that is criminal or that is wrongful and gives rise to or somehow contributes to the injury of another person.
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I, III and V
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I, III, IV and V
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I, II and V
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I, II, III and V
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I, II, III, IV and V
A
Correct answer
Explanation
Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. To prevent false accusation against innocent persons, an action for malicious prosecution is permitted and the person who files an act lies with the burden to prove the existence of malice with defendant.
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Central Hudson Test
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Comprehension and Reaction Test
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Cume
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On-air Test
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Inquiry Test
A
Correct answer
Explanation
Central Hudson Test is a four-part test used by the courts for determining restrictions on a commercial speech.
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parliament is prevented from making restropective laws
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no person shall be compelled to be a witness against himself
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no person shall be punished for the same crime twice
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no person shall be convicted for any crime without any valid proof
B
Correct answer
Explanation
The fundamental right guaranteed under Article 20 (3) is protective umbrella against testimonial compulsion in respect of persons accused of an offence to be witness against themselves.
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to produce the accused person before the court of law within 24 years
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to prevent any lower court from handling any cases pertaining to fundamental rights
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to command the public authority to perform a public duty
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to question the legal authority of a person to occupy public office
D
Correct answer
Explanation
It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled.
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Mentioning the ground of arrest
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Giving an opportunity to the accused person to choose a lawyer of his own choice
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Once the person is arrested, he should be produced before the judicial magistrate with in 48 hours
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Only 1 and 2
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1, 2 and 3
D
Correct answer
Explanation
When a person is arrested under ordinary law crimes, he should be produced before the judicial magistrate within 24 hours, and not 48 hours.