Indian Evidence Act Set 12 MCQs

Q1 | Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in estate andsuccession of title, but also cases where which of the following condition is met?

the interest of the relevant party in the second proceeding is the subject matter of the first proceeding and is consistent with and not antagonistic to the interest therein of the relevant party to the first proceeding

the interest of both in the answer to be given to the particular question in issue in the first proceeding is identical

either (a) or (b)

both (a) and (b)

Q2 | Relevancy of facts forming part of same transaction is dealt under which of the followingsection of the Indian Evidence Act?

section 4

section 6

section 10

section 8

Q3 | Section 132 of the Indian Evidence Act does not apply to a statement made by a person duringan investigation under:

section 159 cr. p.c

section 161 cr. p.c

section 163 cr. p.c

section 166 cr. p.c

Q4 | Section 31, Indian Evidence Act declares:

that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels

unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.

either (a) or (b)

both (a) and (b)

Q5 | Section 65, Indian Evidence Act with which of the fol-lowing situation under which secondaryevidence can be given?

when the original is shown or appears to be in possession and power of the person against whom the document is sought to be proved

when it is in possession or power of any person who is out of reach, or not subject to the process of the court

when it is in the possession of any person legally bound to produce it, but he fails to produce it after the notice mentioned in section 66, indian evidence act is given to him

all of them

Q6 | The defence of alibi is best because:

if the accused was not there, when the deceased was murdered, he could not have murdered her

once the pleas of alibi is raised no other defence is open to the prosecution

it leaves room for no other defence for the accused

none of them

Q7 | An estate called “the Rampur Tea Estate” is sold by a deed which contains a map of theproperty sold. Applying Section 92, Indian Evidence Act:

the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed need not be proved

the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed is irrelevant

the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved

none of them

Q8 | Which of the following is the way to assess damage under Section 12, Indian Evidence Act? I. the damage suffered should be near as possible to the sum which will put the injured party in the same position as he would have been if he had not sus-tained the wrong for which he was awarded damages or compensationII. damages are usually assessed on the basis of actual loss suffered and are called general orordinary damagesIII. where the plaintiff has not suffered any real damages by reason of breach of contract, normally,nominal damages are awardedIV. special damages can be awarded for personal incon-veniences or physical dis-comfort caused bythe other party

i, iii and iv

ii, iii and iv

i, ii and iv

all of them

Q9 | The history sheet of an accused person, kept in the police station is not a man’s character, as itis based on:

conviction

hearsay

investigation

none of them

Q10 | The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:

nemo moriturus proesumitur mentiri

lex fori

res judica

none of them

Q11 | The principles of Section 44, Indian Evidence Act cannot be extended to which of the following?

misrepresentation or undue influence

fraud

collision

all of them

Q12 | Section 15, Indian Evidence Act deals with a particular application of the general principle laiddown in:

section 7, indian evidence act

section 10, indian evidence act

section 12, indian evidence act

section 14, indian evidence act

Q13 | The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act which of the following facts can be relevant?

marks on the ground produced by a struggle at or near the place where the murder was committed

the state of b’s health before the symptoms ascribed to poison, and habits of b, known to a, which afforded an opportunity for the administration of poison

the facts that shortly before the poisoning, b went to a fair with money in possession, and that he showed it or mentioned the fact that he had it, to third persons

none of them

Q14 | To invoke the doctrine of estoppel which of the follow-ing condition must be satisfied?

representation by a person to another

the other shall have acted upon the said representation

such person shall have been detrimental to the interest of the person to whom the representation has been made

all of them

Q15 | What do you understand by admission of execution?

it means only admission of signature

it means only valid attestation of the signature by two witnesses as required by law

both (a) and (b)

none of them

Q16 | Under Section 82, Indian Evidence Act the Court must presume:

that the seal or stamp or signature is genuine

that the person signing the document held, at the time when he signed, the judicial or officialcharacter he claims

both (a) and (b)

none of them

Q17 | What do you understand by libellous character?

constituting or containing a libel

constituting or containing a praise

constituting or containing a commendation

none of them