McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Bachelor of Science in Law (BSL) , Bachelor of Laws (LLB) , Union Public Service Commission (UPSC) .
| 101. |
In cases of Wills, the period of thirty years shall run |
| A. | from the date of the will |
| B. | from the date of the death of the testator |
| C. | from the date of registration of the will, if registered |
| D. | either (a) or (b). |
| Answer» A. from the date of the will | |
| 102. |
Presumption as to the genuineness of gazettes in electronic form has been dealt with under |
| A. | section 81 a of evidence act . |
| B. | section 88a of evidence act |
| C. | section 90a of evidence act |
| D. | section 73a of evidence act. |
| Answer» A. section 81 a of evidence act . | |
| 103. |
Section 91 of Evidence Act applies to |
| A. | transactions which under the law must be in writing |
| B. | transactions which are reduced into writing voluntarily |
| C. | both (a) & (b) |
| D. | only (a) 8: not (b). |
| Answer» C. both (a) & (b) | |
| 104. |
Section 91 of Evidence Act applies to documents which are |
| A. | unilateral |
| B. | bilateral |
| C. | tripartite |
| D. | all the above. |
| Answer» D. all the above. | |
| 105. |
Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of |
| A. | contradicting its terms |
| B. | varying its terms |
| C. | adding to its terms |
| D. | all the above. |
| Answer» D. all the above. | |
| 106. |
Section 92 of Evidence Act is applicable to |
| A. | disputes between the parties to the instrument only |
| B. | disputes between a party to the instrument and a stranger |
| C. | disputes between two strangers where the document is in question |
| D. | all the above. |
| Answer» A. disputes between the parties to the instrument only | |
| 107. |
Section 92 of Evidence Act applies to |
| A. | unilateral documents |
| B. | bilateral documents |
| C. | both (a) & (b) |
| D. | either (a) or (b). |
| Answer» B. bilateral documents | |
| 108. |
Oral evidence of a fact invalidating the document is admissible |
| A. | under proviso 1 to section 92 of evidence act |
| B. | under proviso 2 to section 92 of evidence act |
| C. | under proviso 4 to section 92 of evidence act |
| D. | under proviso 6 to section 92 of evidence act. |
| Answer» A. under proviso 1 to section 92 of evidence act | |
| 109. |
The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document |
| A. | is a complete want or failure |
| B. | is a partial want or failure |
| C. | is a substantial want or failure |
| D. | may be complete or may be partial want or failure. |
| Answer» A. is a complete want or failure | |
| 110. |
Mistake referred to in proviso 1 to section 92 of Evidence Act refers to |
| A. | unilateral mistake |
| B. | mutual mistake |
| C. | both (a) & (b) |
| D. | only (b) not (a). |
| Answer» C. both (a) & (b) | |
| 111. |
Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible |
| A. | where the document does not record all the terms of the contract |
| B. | where the document records all the terms of the contract |
| C. | where the documents is complete in itself |
| D. | all the above. |
| Answer» A. where the document does not record all the terms of the contract | |
| 112. |
Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases |
| A. | where the contract has been written voluntarily & not required by laws to be so written |
| B. | where the law required the contract to be in writing |
| C. | where the contract has been registered under the law of registration of documents |
| D. | all the above. |
| Answer» A. where the contract has been written voluntarily & not required by laws to be so written | |
| 113. |
Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of |
| A. | ambiguitas patens |
| B. | ambiguitas lateens |
| C. | both (a) & (b) |
| D. | only (b) & not (a). |
| Answer» A. ambiguitas patens | |
| 114. |
The test of ascertaining on which side the burden of proof lies is contained in |
| A. | section 100 of evidence act |
| B. | section 101 of evidence act |
| C. | section 102 of evidence act |
| D. | section 103 of evidence act. |
| Answer» C. section 102 of evidence act | |
| 115. |
Burden of proof |
| A. | partially determines the right to begin |
| B. | substantially determines the right to begin |
| C. | wholly determines the right to begin |
| D. | only (c) & not (a) or (b). |
| Answer» A. partially determines the right to begin | |
| 116. |
Burden of proof under section 101 of Evidence Act |
| A. | never shifts |
| B. | goes on shifting as the trial proceeds |
| C. | may shift |
| D. | both (b) & (c) are correct. |
| Answer» A. never shifts | |
| 117. |
Burden of proof is lightened by |
| A. | presumptions |
| B. | admissions |
| C. | estoppels |
| D. | all the above. |
| Answer» D. all the above. | |
| 118. |
Burden of introducing evidence under section 102 of Evidence Act |
| A. | never shifts |
| B. | occasionally shifts |
| C. | constantly shifts |
| D. | only (a) and not (b) or (c). |
| Answer» C. constantly shifts | |
| 119. |
In criminal proceedings, the burden of proof is |
| A. | on the prosecution to prove the guilt of the accused |
| B. | on the accused to prove his innocence |
| C. | on both the parties |
| D. | either (a) or (b). |
| Answer» A. on the prosecution to prove the guilt of the accused | |
| 120. |
Section 105 of Evidence Act applies to |
| A. | criminal trials |
| B. | civil trials |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» A. criminal trials | |
| 121. |
In criminal trials, the onus is on the accused to prove that his case falls in |
| A. | any of the general exception |
| B. | any of the special exception |
| C. | any of the proviso to any provision |
| D. | all the above. |
| Answer» D. all the above. | |
| 122. |
In criminal trials, the accused has to establish his plea mitigation or justification of an offence |
| A. | beyond reasonable doubt |
| B. | prima fzzcie |
| C. | substantially |
| D. | either (a) or (c). |
| Answer» B. prima fzzcie | |
| 123. |
Any person’ in section 106 of Evidence Act refers to |
| A. | a party to the suit |
| B. | a stranger to the state |
| C. | a person who is not a party to the suit but interested in the outcome of the suit |
| D. | a witness |
| Answer» A. a party to the suit | |
| 124. |
The presumption of continuance of life is contained in |
| A. | section 106 of evidence act |
| B. | section 107 of evidence act |
| C. | section 108 of evidence act |
| D. | section 109 of evidence act. |
| Answer» B. section 107 of evidence act | |
| 125. |
Section 108 of Evidence Act relates to |
| A. | presumption of death |
| B. | presumption of life |
| C. | presumption of legitimacy |
| D. | presumption of relationship. |
| Answer» A. presumption of death | |
| 126. |
For presumption under section 107 of Evidence Act, the person is to be shown to be alive |
| A. | within 7 years |
| B. | within 12 years |
| C. | within 3 years |
| D. | within 30 years. |
| Answer» D. within 30 years. | |
| 127. |
For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of |
| A. | 3 years |
| B. | 7 years |
| C. | 12 years |
| D. | 30 years. |
| Answer» B. 7 years | |
| 128. |
The principle that possession is prima facie proof of ownership is contained in |
| A. | section 109 of evidence act |
| B. | section 110 of evidence act |
| C. | section 111 of evidence act |
| D. | section 112 of evidence act. |
| Answer» B. section 110 of evidence act | |
| 129. |
The possession contemplated under section 110 of Evidence Act is |
| A. | juridical possession |
| B. | symbolic possession |
| C. | actual physical possession |
| D. | all the above. |
| Answer» C. actual physical possession | |
| 130. |
Section 110 of evidence Act in its operation |
| A. | is limited to immoveable property |
| B. | is limited to moveable property |
| C. | is not limited to immoveable property and applies to moveable property as well |
| D. | is not limited to immoveable property but applies only to certain moveable property. |
| Answer» C. is not limited to immoveable property and applies to moveable property as well | |
| 131. |
Section 112 of Evidence Act provides for |
| A. | presumption of life |
| B. | presumption of marriage |
| C. | presumption of death |
| D. | presumption of legitimacy. |
| Answer» D. presumption of legitimacy. | |
| 132. |
Section 112 of Evidence Act contains |
| A. | a presumption of fact |
| B. | a rebuttable presumption of law |
| C. | an irrebuttable presumption of law |
| D. | a mixed presumption of fact & law. |
| Answer» C. an irrebuttable presumption of law | |
| 133. |
Section 112 of Evidence Act applies when there is a dispute regarding |
| A. | maternity of a child |
| B. | paternity of a child |
| C. | both (a) & (b) |
| D. | either (a) or (b). |
| Answer» B. paternity of a child | |
| 134. |
The deciding factor under section 112 of Evidence Act is |
| A. | the date of birth of the child |
| B. | the date of conception of the child |
| C. | the date of birth or the date of conception depending on the facts & circumstances |
| D. | only (b) ¬ (a). |
| Answer» A. the date of birth of the child | |
| 135. |
Section 114 of Evidence Act provides for certain |
| A. | presumption of facts |
| B. | rebuttable presumptions of law |
| C. | irrebuttable presumptions of law |
| D. | presumption of facts & law both. |
| Answer» A. presumption of facts | |
| 136. |
An accomplice is |
| A. | not a competent witness against an accused |
| B. | a competent witness against an accused |
| C. | cannot be a competent witness against an accused |
| D. | either (a) or (c). |
| Answer» B. a competent witness against an accused | |
| 137. |
Presumption |
| A. | is an evidence |
| B. | is a proof |
| C. | shows on whom the burden of proof lies |
| D. | all the above. |
| Answer» C. shows on whom the burden of proof lies | |
| 138. |
Presumption as to abetment of suicide by a married woman has been provided |
| A. | under section 111a of evidence act |
| B. | under section 113a of evidence act |
| C. | under section 113b of evidence act |
| D. | under section 113 of evidence act. |
| Answer» B. under section 113a of evidence act | |
| 139. |
Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed |
| A. | within 7 years of marriage |
| B. | within 5 years of marriage |
| C. | within 3 years of marriage |
| D. | within 1 year of marriage. |
| Answer» A. within 7 years of marriage | |
| 140. |
Presumption as to dowry death is contained in |
| A. | section 111a of evidence act |
| B. | section 113a of evidence act |
| C. | section 113b of evidence act |
| D. | section 113 of evidence act. |
| Answer» C. section 113b of evidence act | |
| 141. |
Presumption under section 114 of Evidence Act can be raised having regard to the common course of |
| A. | natural events |
| B. | human conduct |
| C. | public and private business |
| D. | all of the above. |
| Answer» D. all of the above. | |
| 142. |
The doctrine of estoppel is contained in |
| A. | section 115 of evidence act |
| B. | section 114 of evidence act |
| C. | section 113 of evidence act |
| D. | section 112 of evidence act. |
| Answer» A. section 115 of evidence act | |
| 143. |
The doctrine of estoppel is a |
| A. | substantive law |
| B. | rule of equity |
| C. | rule of evidence |
| D. | law of pleadings. |
| Answer» C. rule of evidence | |
| 144. |
Estoppels are binding |
| A. | upon litigating parties |
| B. | upon privies of the litigating parties |
| C. | upon strangers to the lis |
| D. | both (a) & (b) only. |
| Answer» D. both (a) & (b) only. | |
| 145. |
Estoppel is a rule of |
| A. | civil action |
| B. | criminal action |
| C. | both civil and criminal action |
| D. | only (b) and not (a). |
| Answer» A. civil action | |
| 146. |
The estoppel in section 115 of Evidence Act |
| A. | is an estoppel by record |
| B. | is an estoppel by deed |
| C. | is an estoppel by pais |
| D. | all the above. |
| Answer» C. is an estoppel by pais | |
| 147. |
In which of the following there is no estoppel |
| A. | on a point of law |
| B. | against a statute |
| C. | attestation of a deed |
| D. | all the above. |
| Answer» C. attestation of a deed | |
| 148. |
Estoppel can be |
| A. | by silence |
| B. | by negligence |
| C. | by election |
| D. | all the above. |
| Answer» D. all the above. | |
| 149. |
Estoppel deals with |
| A. | question of facts |
| B. | question of right |
| C. | both (a) 8: (b) |
| D. | neither (a) nor (b). |
| Answer» A. question of facts | |
| 150. |
Estoppel |
| A. | is a cause of action in itself |
| B. | creates a cause of action |
| C. | both (a) & (b) are correct |
| D. | neither (a) nor (b) is correct. |
| Answer» D. neither (a) nor (b) is correct. | |
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