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) .
| 151. |
Estoppel |
| A. | should be specifically pleaded |
| B. | need not be specifically pleaded |
| C. | may be specifically pleaded or may not be specifically pleaded |
| D. | both (b) & (c) are correct. |
| Answer» A. should be specifically pleaded | |
| 152. |
Rule of estoppel of tenants and of licence of person in possession is contained in |
| A. | section 116 of evidence act |
| B. | section 117 of evidende act |
| C. | section 118 of evidence act |
| D. | section 119 of evidence act. |
| Answer» A. section 116 of evidence act | |
| 153. |
Estoppel operates in case of a tenant |
| A. | during the continuance of tenancy |
| B. | who remain in possession after the termination of tenancy by notice to quit |
| C. | both (a) and (b) |
| D. | only (a) and not (b). |
| Answer» C. both (a) and (b) | |
| 154. |
Under section 116 of Evidence Act, the tenant is estopped |
| A. | from denying the title to the property, of the landlord |
| B. | from denying the title to the property, of the actual owner |
| C. | both\(a)&(b) |
| D. | only & not (a). |
| Answer» A. from denying the title to the property, of the landlord | |
| 155. |
A tenant or licencee under section 116 of Evidence Act is estopped from denying the title of landlord |
| A. | during the continuance of tenancy |
| B. | after the creation of tenancy or licence |
| C. | after the surrender of possession under tenancy or licence |
| D. | all the above. |
| Answer» A. during the continuance of tenancy | |
| 156. |
Under section 118 who amongst the following are competent witnesses |
| A. | child |
| B. | accused |
| C. | lunatic |
| D. | all the above. |
| Answer» D. all the above. | |
| 157. |
A person is competent to testify |
| A. | if he understands the question put to him |
| B. | if he is able to give rational awareness to those questions |
| C. | if has both (a) & (b) |
| D. | if has (a) only and not (b). |
| Answer» C. if has both (a) & (b) | |
| 158. |
A dumb person is a competent witness as provided under |
| A. | section 118 of evidence act |
| B. | section 119 of evidence act |
| C. | section 120 of evidence act |
| D. | section 121 of evidence act. |
| Answer» B. section 119 of evidence act | |
| 159. |
Husband & wife both are competent witness for & against each other |
| A. | in civil proceedings |
| B. | in criminal proceedings |
| C. | in both civil & criminal proceedings |
| D. | neither in civil nor in criminal proceedings. |
| Answer» C. in both civil & criminal proceedings | |
| 160. |
Section 121 of Evidence Act provides for privilege in respect of |
| A. | husband & wife |
| B. | judges & magistrates |
| C. | affairs of the state |
| D. | official communication. |
| Answer» B. judges & magistrates | |
| 161. |
Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to |
| A. | questions which a witness cannot be compelled to answer |
| B. | question which a witness cannot be permitted to answer |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» D. neither (a) nor (b). | |
| 162. |
Privilege under section 121 of Evidence Act is |
| A. | available to an arbitrator |
| B. | not available to an arbitrator |
| C. | may or may. not be available to an |
| D. | arbitrator both (b) & (c) are correct. |
| Answer» A. available to an arbitrator | |
| 163. |
Privilege in respect of husband & wife under section 122 of Evidence Act relates to |
| A. | question which a witness cannot be compelled to answer |
| B. | question which a witness cannot be permitted to answer |
| C. | both (a) & (b) |
| D. | only (b) & not (a). |
| Answer» C. both (a) & (b) | |
| 164. |
A document containing a communication from a husband to a wife or vice versa, in the hands of a third person |
| A. | is not admissible in evidence until consented to by the writer of the communication |
| B. | is not admissible in evidence at all is not admissible in evidence until- |
| C. | is admissible in evidence |
| D. | either (a) or (b). |
| Answer» C. is admissible in evidence | |
| 165. |
A husband or wife are permitted to disclose any communication between them during marriage |
| A. | in civil proceedings between the parties |
| B. | in criminal proceedings between the parties |
| C. | in matrimonial proceedings between the parties |
| D. | all the above. |
| Answer» D. all the above. | |
| 166. |
Protection under section 122 of Evidence Act is available to |
| A. | a witness |
| B. | husband & wife as a witness |
| C. | both (a) & (b) |
| D. | either (a) or (b). |
| Answer» B. husband & wife as a witness | |
| 167. |
Protection under section 122 of Evidence Act |
| A. | can be waived by the witness without the consent of the husband or wife |
| B. | can be waived by the witness with the consent of husband or wife, only |
| C. | cannot be waived by the witness under any circumstances |
| D. | either (a) or (c). |
| Answer» A. can be waived by the witness without the consent of the husband or wife | |
| 168. |
Communication in respect of the affairs of the state are privileged communication on the grounds of public policy |
| A. | under section 123 of evidence act |
| B. | under section 124 of evidence act |
| C. | under section 125 of evidence act |
| D. | under section 126 of evidence act. |
| Answer» A. under section 123 of evidence act | |
| 169. |
Documents in respect of which privilege has been provided under section 123 of Evidence Act. |
| A. | is a published official record |
| B. | is an unpublished official record |
| C. | both (a)&(b) |
| D. | either (a) or (b). |
| Answer» B. is an unpublished official record | |
| 170. |
In deciding whether the document falls in the category of ‘unpublished official record’ the court |
| A. | has the jurisdiction to inspect the documents itself |
| B. | the court is banned from inspecting the document |
| C. | the court can compel the production of the document for inspection |
| D. | both (a) & (c) are correct. - |
| Answer» B. the court is banned from inspecting the document | |
| 171. |
Section 124 of Evidence Act provides for privileged in respect of |
| A. | professional communications |
| B. | official communications |
| C. | communications as to information of commission of offence |
| D. | none of the above. |
| Answer» B. official communications | |
| 172. |
For protection under section 124 of Evidence Act, the communication is to be made |
| A. | to a public officer in official confidence |
| B. | to a public officer as a routine matter |
| C. | to a public officer as an ordinary cause of his duties |
| D. | either (a) or (b) or (c). |
| Answer» A. to a public officer in official confidence | |
| 173. |
The professional privilege under section 126 of Evidence Act is available in respect of communication made |
| A. | for the purposes of professional employment |
| B. | the cause of employment |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» C. both (a) & (b) | |
| 174. |
Legal advisor |
| A. | i can disclose the communication after his clients death |
| B. | f can disclose the communication after the relation with his client has ended |
| C. | cannot disclose the communication even when the relation is ended or the client has died |
| D. | both (a) 8: (b) are correct. |
| Answer» C. cannot disclose the communication even when the relation is ended or the client has died | |
| 175. |
An accomplice is a competent witness |
| A. | under section 118 of evidence act |
| B. | under section 119 of evidence act |
| C. | under section 133 of evidence act |
| D. | under section 132 of evidence act. |
| Answer» C. under section 133 of evidence act | |
| 176. |
An accomplice is a person |
| A. | who participates in the commission of the crime for which the accused has been charged |
| B. | who is a prefended confederate |
| C. | who is an informer |
| D. | all the above both (a) 8: (b). |
| Answer» A. who participates in the commission of the crime for which the accused has been charged | |
| 177. |
Testimony of an accomplice before it is accepted &: acted upon |
| A. | must be corroborated from the testimony of another accomplice |
| B. | must be corroborated from an independent source |
| C. | need not be corroborated at all |
| D. | either (a) or (c). |
| Answer» B. must be corroborated from an independent source | |
| 178. |
Question as to admissibility of evidence |
| A. | should be decided as they arise |
| B. | should be reserved until judgment |
| C. | may be decided as they arise or may be reserved until judgment |
| D. | either (b) or (c). |
| Answer» A. should be decided as they arise | |
| 179. |
Examination in chief of a witness |
| A. | shall be by the party calling the witness |
| B. | shall be by the adverse party |
| C. | both (a) & (b) |
| D. | either (a) -or (b). |
| Answer» A. shall be by the party calling the witness | |
| 180. |
Re-examination of a witness |
| A. | shall be by the party calling the witness |
| B. | shall be by the adverse party |
| C. | both (a) & (b) |
| D. | either (a) or (b). |
| Answer» A. shall be by the party calling the witness | |
| 181. |
Re-examinati0n of a witness can be done |
| A. | after examination in chief but before cross-examination |
| B. | after examination chief and after cross-examination |
| C. | either (a) or (b) |
| D. | neither (a) nor (b). |
| Answer» B. after examination chief and after cross-examination | |
| 182. |
During re-examination of a witness |
| A. | a new matter can be introduced as a matter of right generally |
| B. | a new matter can be introduced only with the permission of the court |
| C. | no new matter can be introduced at all |
| D. | either (a) or (c). |
| Answer» B. a new matter can be introduced only with the permission of the court | |
| 183. |
A co-defendant in a case |
| A. | cannot be cross-examined by another co- defendant under any circumstance |
| B. | can be cross-examined by another co-defendant if their interests are identical |
| C. | can be cross-examined by another co-defendant when their interests adverse to each other |
| D. | can be cross-examined by another co-defendant as a matter of right. |
| Answer» C. can be cross-examined by another co-defendant when their interests adverse to each other | |
| 184. |
It Cross-examination of a witness 229. Leading questions can be asked during |
| A. | examination in chief |
| B. | cross-examination |
| C. | re-examination |
| D. | all the above. |
| Answer» B. cross-examination | |
| 185. |
Court can permit leading questions during examination in chief or re-examination |
| A. | if they refer to the matters which are introductory |
| B. | if they refer to the matters which are undisputed |
| C. | if they refer to the matter which are sufficiently proved |
| D. | if they refer to either (a) or (b) or (c). |
| Answer» D. if they refer to either (a) or (b) or (c). | |
| 186. |
A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under |
| A. | section 140 of evidence act |
| B. | section 141 of evidence act |
| C. | section 142 of evidence act |
| D. | section 143 of evidence act. |
| Answer» B. section 141 of evidence act | |
| 187. |
Under section 145 of Evidence Act, a witness may be cross-examined as to previous statement in writing |
| A. | without proving the same and without showing the same to the witness |
| B. | only after proving the same, may be without showing the same to the witness |
| C. | without proving the same but only after showing the same to the witness |
| D. | only after proving the same & showing the same to the witness. |
| Answer» A. without proving the same and without showing the same to the witness | |
| 188. |
Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing |
| A. | without proving the same and without showing the same to the witness |
| B. | without proving the same but only after showing the same to the witness |
| C. | after proving the same may be before showing the same to the witness |
| D. | after proving the same & showing the same to the witness. |
| Answer» B. without proving the same but only after showing the same to the witness | |
| 189. |
Objections as to the admissibility of a document in evidence |
| A. | can be made at any state during the trial |
| B. | can be made at the first opportunity when the document is tendered in evidence |
| C. | can be raised for the first time in appeal |
| D. | all the above. |
| Answer» B. can be made at the first opportunity when the document is tendered in evidence | |
| 190. |
A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided |
| A. | under section 152 of evidence act |
| B. | under section 153 of evidence act |
| C. | under section 154 of evidence act |
| D. | under section 155 of evidence act. |
| Answer» C. under section 154 of evidence act | |
| 191. |
Section 162 of Cr PC |
| A. | controls section 157 of evidence act |
| B. | controls section 156 of evidence act |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» A. controls section 157 of evidence act | |
| 192. |
Court questions can be put by virtue of |
| A. | section 164 of evidence act |
| B. | section 165 of evidence act |
| C. | section 166 of evidence act |
| D. | section 167 of evidence act. |
| Answer» B. section 165 of evidence act | |
| 193. |
Court question under section 165 of Evidence Act can be put to |
| A. | any witness |
| B. | any party |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» C. both (a) & (b) | |
| 194. |
To an answer to a court question, the adverse party |
| A. | has a right to cross-examination as a matter of right |
| B. | has a right to cross-examine only with the permission of the court |
| C. | has no right to cross-examine the witness |
| D. | either (a) or (c). |
| Answer» B. has a right to cross-examine only with the permission of the court | |
| 195. |
The right to cross-examine on an answer to court question is available |
| A. | to the adverse party only |
| B. | to the party calling the witness only |
| C. | to either of the parties if the answer is adverse to either of the parties |
| D. | only (a) and not (b). |
| Answer» C. to either of the parties if the answer is adverse to either of the parties | |
| 196. |
Under section 41 of Evidence Act the presumption is with respect to |
| A. | judgments in rem when they are inter- parts |
| B. | judgment in rem whether such judgments are inter-partes or not |
| C. | judgments in personam |
| D. | all the above. |
| Answer» B. judgment in rem whether such judgments are inter-partes or not | |
| 197. |
The presumption under section 41 of Evidence Act is a |
| A. | "presumption of fact |
| B. | rebuttable presumption of law |
| C. | irrebuttable presumption of law . |
| D. | presumption of fact & law. |
| Answer» C. irrebuttable presumption of law . | |
| 198. |
Delhi High Court issued guidelines for the protection of witness in |
| A. | neelam katara case (2003) |
| B. | naina sahni case (2007) |
| C. | llphaar cinema case (2005) |
| D. | parliament attack case (2006). |
| Answer» A. neelam katara case (2003) | |
| 199. |
Where there are three different dying declarations, Higher Court is |
| A. | not to uphold the conviction awarded by lower court |
| B. | to uphold the conviction awarded by lower court |
| C. | to go through the circumstantial evidence to uphold the conviction awarded by lower court |
| D. | to rely upon the versions of witnesses to uphold the conviction awarded by lower court. |
| Answer» A. not to uphold the conviction awarded by lower court | |
| 200. |
Zahira Sheikh was prime witness in |
| A. | best bakery case (2004) |
| B. | best bakery retrial case (2006) \ |
| C. | sukh ram disproportionate assets case (2005) |
| D. | gujjar killings case (2003). |
| Answer» B. best bakery retrial case (2006) \ | |
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