Law Question Papers – Advocatetanmoy Law Library

DESCRIPTIVE QUESTIONS ON INDIAN EVIDENCE ACT [ BEGINNER LEVEL]

July 11, 2018August 14, 2018Advocatetanmoy

Explain what is not evidence before a court of law. In this line whether an affidavit can be said as evidence of a fact?
What is fact in issue? How it is different from relevant fact?
Whether a Dying declaration is a conclusive proof for establishing dowry death?
What is permissible hearsay evidence?
Whether inferential evidence has any place under the scheme of Indian Evidence Act
Whether Circumstantial evidence needs corroboration?
A Police officer[IO] submitted several documents with his Report, but at the time of trial, the prosecution failed to identify any document or to mark as Court Exhibit- Explain the consequences with the help of law.
How to prove motive and intention in a rape case?
At the time of search for an offence of Murder, police recovered a laptop, some incriminating photos from the hard disk, how the prosecution shall prove the relevancy of recovered articles?
What is an admission? Whether admission is direct evidence or indirect evidence?
What is secondary evidence? How to prove a xerox copy of a certified registered gift deed?
How to prove a Will, where both the attesting witnesses died earlier?
In a suit for partition, the plaintiff produced Land Records – whether he needs to prove the same?
What is Estoppel? What is the evidentiary value of it?
In which cases Indirect oral evidence shall be permitted?
where evidence recorded through VDO Conferencing in a Criminal trial is valid?
Explain the evidentiary value of CCTV footage?
Distinguish between the presumption of law and presumption of facts?
Whether illegally collected Evidence by police is admissible?
Elucidate the credibility of Defence evidence in a murder trial.
What is a judicial proceeding?
An eyewitness said there was rape, but the doctor said there was no rape – who shall be believed.
Explain section 144 of the Evidence Act.
A Judge to decide as to admissibility of evidence u/s 136- Explain.
When a witness shall be compelled to answer a specific question? whether a scandalous question can be asked u/s 147 ?

Write short notes :

Res gastae
Accomplice
Test identification parade
plea of alibi
leading question
Cross-examination
Character evidence
Number of witnesses
Suicide note
Extra-Judicial confession
Hostile witness
Public records
Benefit of doubt
child witness
corpus delicti
Evidence of approver
Identification in court
The probative value of a piece of evidence
Police custody
Discovery
FSL Report
The opinion of Handwriting Expert
private document
Onus probandi
Refreshing memory

Model law question papers [beginner level]

July 11, 2018August 3, 2018Advocatetanmoy

Indian Penal Code

Criminal Procedure Code

Indian Evidence Act

Descriptive questions on Criminal Procedure Code [ Beginner level]

July 11, 2018July 11, 2018Advocatetanmoy

What is the relevance of schedule I of the Criminal Procedure Code. Discuss its relevance to the IPC and bailable/ non-bailable and Cognizable/ non cognizable offences.
Certain function of the Executive Magistrate can be assigned to the Commissioner of Police. How? Would you consider recommending Transfer of such functions to the police from Executive Magistrate?
What is the role of the District magistrate or the Sub Divisional Magistrate under section 97 and 98 of the CrPC . what provisions of the CrPC are applicable to section 97 and 98 of Cr.PC?
What are the duties of the Executive Magistrates in preventing breach of peace And to maintain public tranquility. What can he do to prevent breach of peace In Dispute concerning land or water?
What is the relevance of Indian Penal Code for the Executive Magistrate? Do they have any functions to perform under the I.P.C? (b) Why is section 197 of Cr.PC important? Does it act as a deterrent to combating corruption in public life?
Differentiate between Assistant Public Prosecutor and Public prosecutor.
What are the rights of the arrested person under the Constitution and CrPC ?
When police can arrest without a warrant ?
Section 50, Cr.P.C. mandatorily requires the arresting authority to inform the arrestee of full particulars of the offence for which he is arrested or other grounds if any for such arrest – explain.
When will a search warrant be issued?
When police need warrant to search?
What is the procedure for investigation , site law?
Differentiate between recording statement u/s 161 and 164
When Bail shall be refused in non- bailable offence?
Discuss the security for keeping the peace on conviction. What is its main purpose?
Discuss the procedure of arrest by a private person and police officer.
Can a Magistrate arrest a person or order any person to arrest him?
Define cognizable and non cognizable offences.
Discuss the law relating to keeping peace and security.
Discuss the process to compel the appearance of the accused in the court.
What circumstances would justify a Magistrate to require a person to show cause as to why he should not be ordered to execute a bond with or without security for his good behaviour?
Who may claim under Section 125 of this Act? Enumerate the situation in which a wife will not be entitled to receive an allowance from her husband.
Discuss the procedure with regard the alternation in allowances under Section 127 of Cr.P.C.
Discuss the propose of ‘charge’. State the details given in the charge. Can the Court alter the charge? If so, how and when.
For each offence there must be a separate ‘charge’? Discuss this statement along with its extensions. What are the circumstances under which persons committing different offences may be tried together?
Discuss the law relating to Bail. What is the basis for bail in a non-bailable case? What is anticipatory bail?
Discuss the powers of Sessions Judge to transfer cases and appeals. Can he withdraw or recall any case or appeal? Discuss.
. “A person once convicted or acquitted shall not be tried again for the same offence”, Comment. Are there any exceptions to this rule? If so, what?
Why Hussainara Khatoon v. Home Secretary, State of Bihar is important?
The Supreme Court of India has observed in the case of Joginder Kumar v. State of Uttar Pradesh, that the power of arrest should not be exercised in a routine manner- Explain.
Write down the guidelines on arrest given in Arnesh Kumar v. State of Bihar.
Legislative authority for the detention of persons in prison for a suspected offence is provided under section 167 and 309(2) Cr.P.C. The Code, however, makes a clear distinction between detention in custody before and after taking cognizance. The former is covered by s. 167 of the Cr.PC, and the latter by s. 309 Cr.P.C- Explain
In Rasiklal v. Kishore s/o Khanchand Wadhwani 105 the Supreme Court held that the right to bail for bailable offences is an absolute and in-defeasible right and no discretion can be exercised as the words of s. 436 Cr.P.C are imperative and the person accused of an offence is bound to be released as soon as the bail is furnished- Explain
In light of Rao Harnarain Singh Sheoji Singh v. The State[AIR 1958 P&H 123] write down the provisions for granting bail.
438 of Cr.P.C. is an extraordinary remedy and should be adopted in special or exceptional cases- explain
Whether anticipatory bail be granted in relation to offences punishable with life imprisonment or death- explain with the help of Gurbaksh Singh Sibbia’s case Distinguish between Discharge and Acquittal?

Write short notes:

Zero FIR
Cognizance of offence
Sanction for prosecution
Local Jurisdiction of Magistrate
Trial of Complaint Case
Power of superior Police Officers u/s 36,37,39,40.
Prisoner Transfer Warrant
Prosecution Witness.
Non Bailable Warrant
Absence of accused u/s 317
Produce documents u/s 91
Issuance of process
Additional documents to be filed after filing a charge sheet u/s 173(5)(8)
Case Diary
Final report
Scene of Crime
Habitual Offender
History Sheet
Remand
Custodial death
Summary trial
Preventive action of Police
Bail pending Appeal
Recording evidence at Session trial
Importance of section 313
Additional evidence at appeal stage
Compounding of non-compoundable offence
Review petition in Supreme Court
Appeal by Victim
Inherent power of High Court

Objective [MCQ] Sample Questions on Mohamedan Law

June 10, 2018October 4, 2018Advocatetanmoy

Choose one correct answer from the given options

The four schools of thought were founded during the reign of

(a) Abbasids

(b) Mughals

(d) None of these

Status of a Mufti used to be that of a

(a) Draftsman

(b) Legislator

(c) Law Officer

(d) None of these

System developed by the Muslim doctors is

Mohammedan law

Fiqh

Muslim law

all the above.

Istihsan means:

(a) Preference of stronger evidence over analogy

(b) Preference over Ijtihad.

(d) None

The term Fiqa used in the literal sense means:

(a) Law

(b) Understanding

Analogy is rule of

(a) Deduction

(b) Interpretation

(d) None of these

Muta under Mohammedan law means

a temporary marriage

a permanent marriage

a joint venture marriage

an illegal marriage.

A marriage with a woman before completion of her Iddat is

(a) Irregular

(b) Void

(d) None of these

Muta marriages are allowed today by the

Sunnite Schools of Mohammedan law

Shiites Schools of Mohammedan law

Ithna Ashari School of Mohammedan Law

all the above.

Muta marriages are considered to be illicit by

Sunnite School of Mohammedan law

Ismailis

Zaydis

all the above.

Islam in Arabic means

submission to the will of God

deliberate adoption of a new faith

adoption of the faith of Islam

all the above.

Legal capacity (ahliyya) in Islamic law is divided into

Ahliyya al-ada and ahliyya al-wafa
Ahliyya al-wujoob and ahliyya al-haqq
Ahliyya al-wujoob and ahliyya al-ada
None of these

Failing the mother, the custody of a boy under the age of seven years belongs to:

(a) Father

(b) Paternal uncle

(d) None of these

Hadith is

are the very words of God

are the traditions of the Prophet – the records of his action and his sayings

are the dictates of secular reason in accordance with certain definite principles

all the above.

According to Shariat the kinds of religious injunctions are

nine

seven

five

three.

Formal sources of Islamic law are

two

four

six

seven.

Islamic law is formally contained in

Koran

Hadith

Ijma & Kiyas

all the above.

A woman may be a Qadi/Kaji according to:

(a) Malikis

(b) Hanafis

(d) None of these

Mohammedan law applies to

all persons who are Muslims by birth

all persons who are Muslims by conversion

all persons who are Muslims either by birth or by conversion

all persons who are Muslims by birth only and not to Muslims by conversion.

According to the Shariat, if one of the parents is a Muslim, the child is to be treated as

a Muslim

belonging to the religion of the father

belonging to the religion of the mother

belonging to the religion mutually agreed by the parents.

In India, if one of the parents is a Muslim, the child is to be treated as

belonging to the religion of the mother

belonging to the religion of the father

belonging to the religion mutually agreed by the parents

a Muslim.

Marriage in Islam is

a contract

a sacrament

a contract as well as a sacrament

either a contract or a sacrament.

Islamic law provides for

monogamy

unlimited polygamy

controlled polygamy

bigamy.

In Mohammedan law marriage is a

contract for the legalisation of intercourse and the procreation of children

contract for the procreation of children

contract for legalisation of intercourse

contract for different forms of sex relationship.

Under Islamic Law a child is legitimate if born after the dissolution of marriage and wife remaining unmarried:

(a) Within one year of the termination of marriage

(b) Within 280 days of the termination of marriage

(d) None of these

Essential requirements of Muslim marriage are

ijab

qabul

both ijab and qabul

either ijab or qabul.

Witnesses to the marriage have been provided under

Hanafi law

Shiite law

both (a) and (b)

neither (a) nor (b).

Marriage under Hanafi law must be

performed before

two witnesses

three witnesses

four witnesses

six witnesses.

Shiite law provides that

marriage must be performed before one witness

marriage must be performed before two witnesses

marriage must be performed before one male & one female witness

for the marriage witnesses are not necessary.

For a valid Muslim marriage

offer and acceptance must be at the same time

offer and acceptance must be at the same place

offer and acceptance must be at the same time and place

offer and acceptance may be at different times and at different places.

Under Mohammedan law legal

incompetency to marriage means

minority

unsoundness of mind

both minority as well as unsoundness of mind

only unsoundness of mind & not minority.

In cases of legal incompetency in

Mohammedan law

the guardians can validly enter into a contract of marriage on behalf of their wards

the guardians of a female only can validly enter into a contract of marriage on behalf of the female

the guardians of a male only can validly enter into a contract of marriage on behalf of the male

the guardians cannot validly enter into a contract of marriage on behalf of their wards.

In Muslim law, the majority is attained at

the age of 12 years

the age of 9 years

the age of 18 years

the puberty.

A marriage entered into by a girl while she has not attained puberty under Muslim law is a

valid marriage

void marriage

voidable marriage

either (a) or (c).

A marriage contracted by the guardian of a girl, while she has not attained the puberty is a

valid marriage

valid marriage but the minor girl has a right to repudiate the marriage on attaining majority

void marriage

either (a) or (c).

Option of puberty means

a Muslim minor girl married during minority by a guardian has a right to repudiate such marriage on attaining puberty

a Muslim minor girl married during minority by a guardian has no right to repudiate such marriage on attaining puberty

a Muslim minor girl married during minority by a guardian has a right to repudiate such marriage on attaining puberty only with the permission of the court

a Muslim minor girl married during minority by a guardian can repudiate such marriage with the consent of her husband.

‘The option of puberty’ can be exercised by the female before attaining the age of

21 years

18 years

15 years [clarification age of puberty is 15]

either (a) or (b) or (c).

Consummation of marriage before the age of puberty

deprives the wife of her option of puberty always

deprives the wife of her option of puberty only under certain circumstances

does not deprive the wife of her option of puberty

either (a) or (b).

Option of puberty is lost

on consummation after attaining puberty

on non-repudiation of marriage before attaining the age of 18 years

both (a) and (b)

only (b) and not (a).

Option of puberty is available to

wife only

husband only

wife and husband both

only wife and not husband.

Husband married during minority

has the same right to dissolve the marriage, but there is no statutory period within which he must exercise such right

has the same right to dissolve the marriage, and has to exercise that right before attaining the age of 15 years

has the same right to dissolve the marriage and has to exercise that right before attaining the age of 18 years

has the same right to dissolve the marriage and has to exercise that right before attaining the age of 21 years.

Husband married during minority loses his

right to repudiate the marriage on

payment of dower

cohabitation after attaining majority

either (a) or (b)

neither (a) nor (b).

Mere exercise of the option to repudiate the marriage

severes the marital tie

does not severe the marital tie

may severe the marital tie if consented to by the other party

either (a) or (c).

Zina in Mohammedan law means

Sexual intercourse not permitted by law

sexual intercourse permitted by law

fornication or adultery

both (a) and (c).

Offsprings of ‘Zina’ are

illegitimate and can be legitimated by acknowledgement

illegitimate and cannot be legitimated by acknowledgement

legitimate

either (a) or (c).

In Mohammedan law, a marriage may be

sahih

fasid

batil

either (a) or (b) or (c).

Main limitations to the capacity of a Muslim to marry are

three

five

seven

eight.

A Muslim can marry any number of wives not exceeding

four

three

two

one.

A Muslim can marry any number of wives not exceeding four. If a Muslim marries a fifth wife, such a marriage shall be

valid

irregular

void

either (a) or (c).

If a Muslim woman marries a second husband, such a marriage shall be

valid

irregular

void

either (b) or (c).

Offsprings of a Muslim woman marrying second husband shall be

legitimate

illegitimate but can be legitimised by subsequent acknowledgement

illegitimate and cannot be legitimised by any subsequent acknowledgement

either (a) or (b).

Muslims belonging to different schools of Mohammedan law

may intermarry freely with one another

cannot intermarry freely with one another

cannot intermarry at all

can intermarry with one another only with the consent of the Qazi.

‘Kitabi’ and ‘Kitabiyya’ refer to

a man and a woman respectively

a woman and a man respectively

a woman

a man.

In India, the terms ‘Kitabi’ or ‘Kitabiyya’ applies to

Christians

Jews

both Christians and Jews

only Christians and not Jews.

A man in Hanafi law can marry

a Muslim woman

a Kitabiyya

either (a) or (b)

only (a) and not (b).

A man in Shiite law can marry in the nikah

a Muslim woman

a Kitabiyya

either (a) or (b)

only (a) and not (b).

A Muslim man cannot marry

a Muslim woman

a Jews

a Christian

an idolateress or a fire-worshipper.

Marriage of a Muslim man with an idolateress or a fire-worshipper shall be

void

irregular

valid

either (b) or (c).

A Muslim woman can marry

a Muslim man

a Kitabi

either (a) or (b)

both (a) and (b).

Marriage of a Muslim woman with a non- Muslim shall be

valid

irregular

void

either (a) or (b).

On the apostasy of one of the parties to the marriage, a Muslim marriage

stands dissolved automatically

remains valid

becomes irregular

stands dissolved after the decree of the court.

In Muslim Law marriage with a woman prohibited by reason of blood relationship is

valid & the issue legitimate

irregular & the issue legitimate

void but the issue legitimate

void and the issue illegitimate.

A marriage of a Muslim man with his niece or great niece is

void

irregular

valid

muta.

A Muslim is prohibited from marrying his sister who is related to him

by full blood

by uterine blood

a consanguine

all the above.

A marriage of a Muslim with a woman prohibited by reason of affinity shall be

irregular

void

valid

either (a) or (b).

A Muslim can marry the

descendant of a wife, if the marriage with that wife has not been consummated

descendant of a wife, if the marriage with that wife has been consummated

descendant of a wife irrespective of whether the marriage with that wife has been consummated or not

descendant of a wife only with the leave of the Qazi.

A marriage with foster relations is

prohibited absolutely

permitted absolutely

prohibited generally except certain foster relations

either (b) or (c).

A marriage forbidden by reason of foster age is

irregular

void

valid

either (a) or (c).

With whom amongst the following a valid marriage can be contracted

foster-son’s sister

foster-brother’s sister

foster-sister’s mother

all the above.

With whom a valid marriage can be contracted by a Muslim

ascendants or descendants of his wife

the wife of any ascendant or descendant

either (a) or (b)

neither (a) nor (b).

A Muslim can contract a valid marriage with

his consanguine or uterine sister

his niece

both (a) and (b)

neither (a) nor (b).

Unlawful conjunction arises when a Muslim marries two wives who are related to each other by

consanguinity

affirmity

forsterage

either (a) or (b) or (c).

A Muslim is prevented from marrying his wife’s sister

during the subsistence of marriage with his wife

after the death of his wife

after the divorce of his wife

all the above.

Under Hanafi law, disregard to the bar of unlawful conjunction renders the marriage

valid & issues legitimate

irregular & issues legitimate

void & issues illegitimate

void but issues legitimate.

Shia law does not provide for

valid marriage

irregular marriage

void marriage

either (a) or (b) or (c).

Marriages which are irregular under the Sunni law, under the Shia law, the same are

void marriages

valid marriages

voidable marriages

either valid or void as decided by the Qazi.

A Muslim marriage is void when the prohibition against marriage is

perpetual and absolute

temporary and relative

either (a) or (b)

both (a) and (b).

An irregular marriage can be terminated

by the wife

by the husband

either by the wife or by the husband

only by the husband and not the wife.

An irregular marriage can be terminated

before consummation

after consummation

either before or after consummation

only before consummation & not after consummation.

An irregular marriage can be terminated

by saying ‘I have relinquished you’

by divorce

by the intervention of the court

by either (a) or (b) or (c).

In an irregular marriage, the wife

is entitled to dower if the marriage is consummated before termination

is entitled to dower if the marriage is not consummated before termination

is entitled to dower irrespective of whether consummated or not

not entitled to dower at all.

A wife of an irregular marriage is

not bound to observe the iddat at all

is bound to observe the iddat in case of death of the husband

is bound to observe the iddat in case of divorce

is bound to observe iddat in case of death of the husband or divorce if the marriage is consummated.

In an irregular marriage, the duration of iddat is

four courses

three courses

two courses

one course.

An irregular marriage

creates mutual rights of inheritance between husband and wife, if the marriage is consummated

creates mutual rights of inheritance between husband and wife, if the marriage is not consummated

does not create mutual rights of inheritance between husband and wife, irrespective of whether the marriage is consummated or not

does not create mutual rights of inheritance between husband and wife, if the marriage is not consummated.

In the absence of a direct proof of a valid marriage, a presumption of a valid marriage arises

where there is a prolonged and continuous cohabitation as husband and wife

where a man acknowledges the woman as his wife

where a man acknowledges the issue of the union as legitimate

either (a) or (b) or (c).

Which of the following is not a legal effect of a valid Muslim marriage

status of woman changes and she is subjected to the husband’s school of law

status of woman does not change and she is subject to her own pre-marital school of law

neither the husband nor the wife acquires any interest in the property of the other by reason of marriage

Mutual rights of inheritance are established.

A Shia male cannot contract a muta marriage with

a Mohammedan woman

a Christian woman

a fire-worshipper woman

any other religion.

A Muslim woman can contract a muta marriage with a

Mohammedan

Kitabi

a fire-worshipper

either (a) or (b) or (c).

A valid muta marriage must

prescribe the period of cohabitation

specify the dower

both (a) and (b)

either (a) or (b).

A marriage contracted as muta, shall be void

if prescribes the period of cohabitation but does not specify the dower

if does not prescribe the period of cohabitation but specifies the dower

both (a) and (b)

only (b) and not (a).

A marriage contracted as muta specifying the dower, but not prescribing the period of cohabitation

shall be void

may operate as a permanent marriage

shall be presumed to be for a period of one year

shall be presumed to be for a period of three years.

Each heir is liable to the debts of a deceased

(a) Exclusively

(b) Severally

(d) None of these

A contract of muta marriage can be put to an end by the husband

by divorce

by hiba-i-muddat

by both (a) and (b)

by either (a) or (b).

During the term of muta marriage

husband has a right to divorce

wife has a right to divorce

husband and the wife both have a right to divorce

neither the husband nor the wife has a right to divorce.

In a muta marriage, the wife

has a right to leave the husband before the expiry of the term

has a right to leave the husband before the expiry of the term only with the permission of the Qazi

has a right to leave the husband before the expiry of the term only with the permission of the court

has no right to leave the husband before the expiry of the term.

A muta marriage is dissolved

ipso-facto by the efflux of the period

by death

by hiba-e-muddat

either (a) or (b) or (c).

On consummation of a muta marriage, the wife is entitled to

Half dower

full dower

double dower

no dower.

If a muta marriage is not consummated, the wife is entitled to

no dower

one third dower

half dower

full dower.

If the husband puts to an end the muta marriage by way of hiba-e-muddat

wife is entitled to full dower

wife is entitled to double dower

husband has a right to deduct the proportionate part of the dower for the unexpired period

husband has a discretion to fix and give the dower according to the circumstances.

In case the wife leaves the husband before the expiry of the term of the muta marriage

wife is entitled to full dower

wife is entitled to half dower

husband has a discretion to fix and give the dower according to the circumstances

husband has a right to deduct the proportionate part of the dower for the unexpired period.

On the expiry of the term of muta marriage the wife is

not bound to observe iddat

bound to observe iddat if the marriage has been consummated

bound to observe iddat if the marriage has not been consummated.

bound to observe iddat irrespective of whether the marriage has been consummated or not.

No iddat is necessary, in case of a muta marriage

where the marriage has not been consummated

where the husband puts to an end the contract of marriage by hiba-e-muddat

where the wife leaves the husband before the expiry of the term of cohabitation

all the above.

Period of iddat prescribed in cases of dissolution of muta marriage is

four courses and 10 days

four courses

three courses

two courses.

If there is evidence of the term for which the muta marriage was fixed and cohabitation continues after that term

cohabitation after the expiry of the term shall be void

muta marriage stands extended for the whole period of cohabitation

children conceived during the extended period shall be illegitimate

both (a) & (c) are correct.

‘Dower’ under the Mohammedan law has been defined as a sum of money or other property presented by the husband to be paid or delivered to the wife in consideration of marriage by

Robertson Smith

Ameer Ali

Justice Mahmood

Hamilton.

Revelation is the ______ source of Islamic law

(a) Only

(b) Secondary

(d) None of these

A gift to unborn person is

(a) Valid

(b) Void

(d) None of these

OBJECTIVE SAMPLE QUESTIONS ON THE PROTECTION OF DOMESTIC VIOLENCE ACT, 2005

June 6, 2018June 6, 2018Advocatetanmoy

DV act applies to

Only the victim of the violence
all women who are subject of 125 Cr.P.C
All women who are not staying with the husband
women who are victim of violence within the family

Aggrieved Person includes

woman having domestic relationship
A woman in live- in relations
a mother whom the son not allowed to live with him
above all

DV act has retrospective effect

yes
no
Prospective effect
no 1 and three are correct

Monetary relief Can be given

if aggrieved woman suffer loss due to domestic violence
if subject of section 125 of Cr.P.C
If husband failed to maintain the woman
Only no 1 is correct

Who can be respondent

Only adult male having a domestic relationship
any person with whom domestic relationship could be established
relatives of the husband
no 2 and 3 are correct

A divorced woman can claim in a shared household

true
false

A woman in live in relationship resides with her boyfriend in a rented house and later she discovered that her boyfriend is the owner of a flat in salt lake city of kolkata , whether the claim of the woman for residence in the salt lake flat is competent?

The Magistrate can not proceed with the complaint u/s 12 without considering DIR

true
false

A woman can claim u/s 17 a residence order

against the shared house belongs to husband
against the shared house belongs to father -in -law
against a shared house belongs to the joint family
against the shared house belongs to the relative of the husband
no 1 is correct position of law
no 1 and 3 is the correct position of law

An application u/s 12 of DV Act should be filed

at any time after the cause of action
within three years as per article 137 of the limitation act
Any limitation has not ben prescribed in DV Act
no 1 and 3 are correct
no 2 is correct

An application by wife u/s 12 of DV Act has been disposed of by the Ld Magistrate and inter alia ordered for residence in the husband’s house in Chetla Kolkata. Now the status of the wife

Like divorcee
Like judicial separation
Same as a full fledge wife
The husband can ask for casual sex with the wife
the wife can deny sexual intercourse by telling “sexual abuse clause” but allowing a man of her choice
no 3 and 4 are correct
no 5 are correct
no 2 and 5 are correct

“Sexual abuse” defined U/s 3 of DV Act in terms of

Violation of the Dignity of woman
any short of sexual advancement by the husband
Husband wants to see pornography with the wife
Husband asks for sodomy
no 1 and 4 are correct
No 1 , 2 , 3, 4 all are correct

U/s 20 of DV Act the Magistrate is competent

to issue an arrest warrant on failure to pay money
can only direct the employer or debtor to pay the money as ordered
can create a charge on the immovable property of the respondent
all are correct
only no 2 is correct

U/s 23 a magistrate can grant interim Relief

for past, present and future domestic violence
only for past and present domestic violence
which one is correct?

U/S 25 of the DV Act , whether a magistrate is competent to Recall his Order?

U/s 28 of the DV Act the procedure shall be adopted by the Ld Magistrate is written in 126 of the CR.P.C

true
false
The magistrate can overlook Cr.P.C and adopt his own procedure
The magistrate can adopt his own procedure if a thing is not provided in Cr.P.C
Which one is a more appropriate answer?

A magistrate proceed with an Application u/s 12 of DV act without jurisdiction

The respondent shall file a Revision as per Cr.P.C
The Respondent shall prefer an appeal as per section 29 of the DV Act.

Domestic violence is usually a one time, isolated occurrence
A. True

B. False

In DV Case the burden lies with the Complainant

true
false

______________________________________

OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963

June 6, 2018October 4, 2018Advocatetanmoy

Write the correct answer amongst the options

Application includes

Writ Petition

Interlocutory application

Petition for restoration of suit

Above all

Suit does not include an appeal or an application in Limitation Act

True

False

Cannot be said

Not a subject matter of limitation act

The Limitation Act, 1963 applies to

proceedings before courts

Suit before courts

Suit and Proceeding Both

all the above.

The period spent in prosecuting the case before the Consumer Forum can be

partly excluded

included

excluded

partly included.

Under the Limitation Act, 1963, the court has no… power, outside the Act, to relieve a litigant from the provisions of the Act

general

inherent

over-riding

general or inherent or over-riding.

Limitation Act can be applied

Before Criminal Court

Before Tribunal

Before Writ Court

Above all are true

If the money suit filed within three years from the date on which cause of action arises then the suit

does not relate to Limitation Act

is not barred by limitation

is barred by limitation

depends on application for condonation of delay.

The Limitation Act, 1963 applies to

Civil suit

partition suit

matrimonial proceeding

in an application u/s 12 of the Domestic violence act

All four answers are correct
Only first three is correct

Delay in filing the suit

cannot be condoned

can be condoned under section 3, Limitation Act

can be condoned under Order VII, Rule 6, C.P.C.

can be condoned under section 5, Limitation Act.

Under section 2(1) of Limitation Act suit includes

appeal

application

both (a) and (b)

none of the above.

Under section 2(1) of Limitation Act suit includes

appeal

application

execution petition

none of the above.

All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with reference to

Gregorian Calendar

English Calendar

Roman Calendar

Indian National Calendar.

Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963

the sections and the articles lay down the general principles of jurisdiction

the sections and the articles prescribe the period of limitation

the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation applicable in matters provided therein

the sections prescribe the period of limitation applicable in matters provided therein ana the articles lay down the general principles of jurisdiction.

Section 3 Limitation Act does not apply to

suits

appeals

application

execution petition

Under section 3, Limitation Act, 1963, a claim by way of is treated as a cross-suit

set-off

counter-claim

set-off or counter-claim

set-off and counter-claim.

Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted

on the same day as the suit in which setoff is pleaded has been filed

on the day on which the set-off is pleaded

either (a) or (b) whichever is beneficial to the defendant

either (a) or (b) whichever is beneficial to the plaintiff.

Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted

on the same day as the suit in which counter-claim is made has been filed

on the day on which the counter-claim is made

either (a) or (b) whichever is beneficial to the defendant

either (a) or (b) whichever is beneficial to the plaintiff.

Section 3, Limitation Act, 1963, does not apply to

suits

appeals

applications

execution proceedings.

The provisions of section 3, Limitation Act [ are

mandatory

OBJECTIVE SAMPLE QUESTIONS ON THE SPECIFIC RELIEF ACT [1ST SET]

June 6, 2018June 6, 2018Advocatetanmoy

Readiness of plaintiff to perform contract which includes
(a) performance of plaintiff
(b) potential of plaintiff
(c) willingness of plaintiff
(d) financial ability of plaintiff.
Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?
(a) yes
(b) no
(c) conditional one
(d) none of above.
Specific relief can be granted for
(a) enforcing individual civil rights
(b) enforcing penal laws
(c) both civil rights and penal laws
(d) neither civil rights nor penal laws.
Under the Specific Relief Act, a suit for recovery of possession can be filed
(a) only in respect of movable property
(b) only in respect of immovable property
(c) in respect of both movable and immovable property
(d) neither movable nor immovable property.
Specific Relief Act, 1963 is the product of
(a) 8th Report of Law Commission of India on Specific Relief Act of 1877
(b) 9th Report of Law Commission of India on Specific Relief Act of 1877
(c) 10th Report of Law Commission of India on Specific Relief Act of 1877
(d) none of above.
A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed within
(a) 1 year of dispossession
(b) 6 months of dispossession
(c) 3 years of dispossession
(d) 12 years of dispossession.
A suit for recovery of possession of an immovable property under section 6 of Specific Relief Act can be filed against
(a) a private individual only
(b) a government
(c) both a private individual and a government
(d) neither (a) nor (b).
Burden to prove adverse possession is on
(a) court
(b) defendant ,(c) plaintiff
(d) none of above.
To maintain suit under section & of the Act, the possession must be
(a) actual judicial possession
(b) symbolic possession
(c) constructive possession
(d) either actual or symbolic or constructive.
An order or decree under section 6 of the Act is
(a) appealable
(b) reviewable
(c) neither appealable nor reviewable
(d) both appealable and reviewable.
A suit under section 6 can be brought by
(a) trespasser
(b) tenant holding over
(c) servant
(d) manager.
In a suit under section 6
(a) title of the plaintiff is relevant
(b) title of dispossessor is relevant
(c) the defendant is allowed to prove his title
(d) none of the above.
A suit for possession under section 5 of Specific Relief Act, can be filed within
(a) 3 years
(b) 6 months
(c) 12 years
(d) 30 years.
In a suit under section 6, the court can
(a) adjudicate on the title
(b) direct the defendant(s) to remove the structures
(c) permit the plaintiff to pull down the structure
(d) neither (a) nor (b) nor (c).
The question of title is
(a) relevant under section 6 of the Specific Relief Act, 1963
(b) irrelevant under section 6 of the Specific Relief Act, 1963
(c) question of title is not a provision under the Specific Relief Act, 1963
(d) none of above.
The object of section 6 of the Specific Relief Act, 1963 is to
(a) restrain a person from using force and to disposes a person without his consent
(b) is not to restrain a person to dispossess a person
(c) only (b) is correct
(d) none of above.
A suit under section 7 may be brought by a person
(a) who is not the owner of the property
(b) who may not have the possession of the property
(c) from whose possession the goods may not have been removed
(d) either (a), (b) or (c).
18.For application of section 7 of the Act, the [ goods must be
(a) in original form
(b) capable of identification & delivery
(c) without alteration
(d) all the above.
19.Section 7 does not apply to
(a) money & currency notes
(b) wrongful taking of the property
(c) wrongful detaining of the property
(d) wrongful disposal of the property.
20.Section 8 of Specific Relief Act can be I invoked
(a) against a person who has possession or control over the article
(b) against a person who is the owner of the article claimed
(c) by a person not entitled to the possession of the article
(d) in respect of an ordinary article.

21.Section 8 can be invoked
(a) if compensation in money is an adequate relief
(b)if the damages can be easily ascertained
(c) if the article is held by the person as agent or trustee of the claimant
(d) if the article has been rightly transferred from the claimant.
22. Suit under section 8 is not competent
(a) against a person who is the owner of the article claimed
(b) against a person who has the possession or control over the article
(c) in respect of an article for which compensation in money is not an adequate relief
(d) in cases where ascertainment of damages is extremely difficult.
23. What is true of Specific Relief Act
(a) it is a procedural law
(b) it supplements the Code of Civil Procedure
(c) it is founded on English Law
(d) all the above.
24. Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted
(a) if there is no concluded contract
(b) if there is a concluded contract
(c) if the compensation in money is not an adequate relief
(d) if there exists no standard for ascertaining the actual damages.
25. Under section 10 the specific performance can be granted
(a) if there is a concluded contract
(b) if there exists no standard for ascertaining the actual damages
(c) if compensation in money is not an adequate relief
(d) all the above.
26. Under section 10 which of the following can be specifically enforced
(a) contingent contract
(b) to form a partnership
(c) chattel of special value
(d) separation deeds.
27. In case of specific performance of part of contract the purchaser
(a) may relinquish claim to further performance of the remaining part of contract and has right to compensation
(b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation
(c) specific performance of part of contract not possible
(d) none of above.
28. Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of a property
(a) in which vendor has no title or has an imperfect title
(b) in which vendor has title
(c) in which vendor has imperfect title
(d) none of above.
29. Within the meaning of section 15 of the Specific Relief Act, 1963, the assignee falls
(a) within the meaning of representative in interest or principal
(b) representative of interest only
(c) representative of principal only
(d) none of above.
30. Remedy of rectification available under section 26 relates to
(a)mistake in expression of contract only
(b)the contract itself i.e. the formation of the contract
(c) matters which were overlooked by the parties
(d) addition of terms in the agreement which was not considered.

Mistake contemplated under section 26 is
(a) mutual mistake
(b) bilateral mistake
(c) mistake in framing of the instrument
(d) all the above.
Section 26 fixes the time limit for discovery of mistake or fraud to be
(a) six months
(b) three months
(c) 1 year
(d) no time limit is fixed.
Remedy of rescission of contract
(a) is the same as specific performance
(b) is opposite of specific performance
(c) does not affect specific performance
(d) makes specific performance easy.
Relief of rescission is granted in cases
(a) where the contract is void
(b) where the contract is voidable
(c) both void & voidable contracts
(d) neither void nor voidable contracts.
Rescission cannot be granted
(a) where the plaintiff has ratified the contract
(b) where there is a valid contract
(c) where the third party have acquired any interest under the contract
(d) all the above.
Rescission cannot be granted
(a) in severeable contracts
(b) where the restitution to original position not possible
(c) contract stands ratified
(d) all the above.
Cancellation of instrument can be granted
(a) if the instrument is void or void-able
(b) if the instrument is valid
(c) both (a) & (b)
(d) neither (a) nor (b).
Section 31 in its application is
(a) based on protective or preventive justice
(b) restricted to contracts only
(c) restricted to the parties to the contract
(d) mandatory in nature.
Cancellation under section 31 can be claimed
(a) by party to the instrument
(b) by any person against whom the instrument is void or voidable
(c) in respect of any instrument not necessarily a contract
(d) all the above.
In case of cancellation under section 31 the relief of specific performance
(a) can be supplemented
(b) can be in the alternative
(c) out of question
(d) all the above.

Cancellation under section 31 relates to
(a) mistake in expression of any instrument
(b) formation of the instrument
(c) ratification of the instrument
(d) all the above.

Under section 33 compensation is payable if
(a) the benefit have been received by the party
(b) the contract is without considera-tion
(c) in both (a) & (b)
(d) neither (a) nor (b).

Under section 32 an instrument can be cancelled in part when
(a) it relates to different rights
(b) it relates to different obligations
(c) the part to be cancelled is severable from the rest
(d) all the above.

Under section 34, a declaration can be sought by
(a) a stranger who has no interest
(b) a person having a legal character or a right as to property which is denied
(c) a person whose legal character or right to property not denied
(d) all the above.

Section 34 sanctions
(a) every type of declaration
(b) only a declaration of a legal character or of a right to property
(c) both (a) & (b)
(d) neither (a) nor (b).

Character or right sought to be declared must be
(a) an existing right on the date of the suit or upto the date of decree
(b) legal one
(c) valid one
(d) all the above.

Legal character or right under section 34 must be
(a) specific
(b) abstract
(c) contingent
(d) any of the above.

Proviso to section 34 relates to
(a) suits for specific performance
(b) suits for declaration
(c) suits for injunctions
(d) all the above.

The further relief under section 34 must be
(a) the one available as additional on the date of the suit
(b) the one available after the filing of the suit
(c) the one available as alternative on the date of the suit
(d) the one available as alternative during the pendency of the suit.

The objection as to maintainability of suit of declaration without further relief
(a) must be taken at the earliest stage
(b) can be taken at any step of the
proceedings
(c) can be taken for the first time in appeal
(d) all the above.

A declaration made is binding on
(a) the parties to the suit
(b) persons claiming through the parties to the suit
(c) where any party is a trustee, in the persons for whom such parties would be trustees
(d) all the above.

The grant or refusal of relief of declaration and injunction under the provisions of section 34 is
(a) discretionary
(b) mandatory
(c) prohibitory
(d) none of above.

Injunctions cannot be granted in a suit
(a) in which the specific performance cannot be enforced
(b) for breach of negative contract to enforce specific performance
(c) for declaration where the plaintiff is in possession
(d) neither (a) nor (b) nor (c).

What is true of temporary injunction
(a) continues until a certain specific time
(b) is permanent between the parties
(c) concludes the right
(d) cannot be granted ex-parte.

Which is incorrect of temporary injunctions
(a) continues until a specific time
(b) finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing
(c) can be granted ex-parte
(d) preserves the property in dispute in status quo till the disposal of the suit.

The general principles on which the , perpetual injunctions could be granted are contained in
(a) Section 37
(b) Section 38
(c) Section 39
(d) Section 40.

What is true of perpetual injunction
(a) it is a judicial process
(b) preventive in nature
(c) the thing prevented is a wrongful act
(d) all the above.

Injunction is granted
(a) to prevent torts
(b) to restrain breaches of contracts
(c) both (a) & (b)
(d) neither (a) nor (b).

What is true of mandatory injunction
(a) compels performance of certain positive acts
(b) is awarded where the temporary injunction is meaningless
(c) is retrospective in nature as restores things to their former conditions
(d) all the above.

Perpetual injunction can be granted under section 38 of the Act
(a) when there exists standard for ascertaining the actual damages caused
(b) when compensation would afford adequate remedy
(c) when it is necessary to prevent multiplicity of proceedings
(d) when the defendant is not a trustee of property for the plaintiff.

Perpetual injunction under section 38 can be granted
(a) when there exists no standard for ascertaining the actual damages caused
(b) when compensation would not afford adequate relief
(c) when the defendant is a trustee of the property for the plantiff
(d) all the above.

A claim for damages in suits for injunction can be laid
(a) under section 38
(b) under section 39
(c) under section 40
(d) under section 37.

Damages in suits for injunctions cannot be granted
(a) if the plaintiff has not claimed damages
(b) if the suit of the plaintiff is dismissed
(c) both (a) & (b)
(d) neither (a) nor (b).

Section 10 of the Specific Relief Act, 1963 provides for
(a) the contracts which can be specifically enforced
(b) the contracts which cannot be specifically enforced
(c) both (a) and (b)
(d) neither (a) nor (b).

Section 10 of the Specific Relief Act, 1963, applies to
(a) promises which are not completed contracts
(b) completed contracts which are valid in law and capable of enforcement
(c) inchoate agreements
(d) all the above.

In cases of specific performance of a contract, the rights of the parties are governed by the principles of
(a) equity
(b) law
(c) equity and law
(d) only equity and not law.

Under section 10 of the Specific Relief Act, 1963, which of the following contracts can be specifically enforced
(a) a written agreement whereby the defendant had agreed with the plaintiff to take the lease of a house for a certain term at a certain rent subject to the preparation and approval of a formal contract, no other contract has even been entered into between the parties
(b) an agreement to transfer certain properties subject to sanction by the sanctioning authority
(c) both (a) and (b)
(d) neither (a) nor (b).

Specific performance of a contract means
(a) actual execution of the contract according to its stipulation and terms
(b) claim of damages or compensation for the non-execution of the contract
(c) either (a) or (b)
(d) neither (a) nor (b).

Jurisdiction of the court to enforce specific performance of a contract is
(a) absolute
(b) discretionary
(c) general & not exceptional
(d) extensive.

Specific performance of a contract
(a) will be ordered generally where damages are an adequate remedy
(b) may be ordered where damages are an adequate remedy
(c) will never be ordered if damages are an adequate remedy
(d) may not be ordered if damages are an adequate remedy.

In which of the following cases, the specific performance of a contract will not be ordered
(a) where pecuniary compensation would afford adequate relief
(b) where the acts would require continued supervision by the court
(c) where the contract provides for personal affirmative acts or personal service
(d) all the above.

Specific performance of contract to build or repair can be ordered
(a) where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
(b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages
(c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages
(d) all the above.

Section 9 of the Specific Relief Act, 1963 provides for
(a) the grounds on which specific performance of contract can be granted
(b) the defences which a person against whom the relief of specific performance is claimed may plead
(c) the defences which a person against whom the relief of specific performance is claimed cannot plead
(d) the grounds on which specific performance of a contract cannot be granted.

Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract
(a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract
(b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract
(c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court
(d) either (b) or (c).

An agreement to form a partnership
(a) is enforced as a general rule
(b) is enforced where parties have in part performance of the contract carried on the partnership business
(c) either (a) or (b)
(d) neither (a) nor (b).

The propositions are
I. A contract for the sale of a patent can be specifically enforced.
II. A contract to assign a copyright is specifically enforceable.
III. An agreement to form a partnership is specifically enforceable as a general rule.
Which of the following is true in respect of the said propositions
(a) III is correct and I & II are incorrect
(b) III & II are correct and I is incorrect
(c) III & I are correct and II is incorrect
(d) I & II are correct and III is incorrect.

Specific performance of a contract can be granted in respect of
(a) immovable property
(b) chattels
(c) immovable property as well as chattels
(d) only (a) and not (b).

Rise in value since agreement is
(a) a ground to refuse specific per-formance in case of an agreement to sell immovable property
(b) a ground to refuse specific per-formance in case of an agreement to sell movable property
(c) a ground to refuse specific per-formance in case of an agreement to sell immovable and movable property both
(d) not a ground to refuse specific per¬formance in case of an agreement to sell either immovable or movable property. 79. Explanation to section 10 of the Specific Relief Act, 1963, lays down
(a) certain presumptions of fact
(b) certain rebuttable presumptions of law
(c) certain irrebuttable presumptions of law
(d) certain conclusive presumptions.

Under section 10 of the Specific Relief Act, 1930, the presumption is that
(a) breach of a contract to transfer immovable property cannot be adequately compensated in money
(b) breach of a contract to transfer movable property cannot be adequately compensated in money
(c) breach of a contract to transfer immovable property can be adequately compensated in money
(d) both (a) and (b).

Section 11 of the Specific Relief Act, 1930 provides for
(a) specific performance of a part of the contract
(b) defences respecting suits for relief based on contract
(c) specific performance of contracts connected with trusts
(d) circumstances in which specific performance of a contract is enforceable.

Section 11 of the Specific Relief Act, 1930 applies where
(a) the relief claimed partakes the nature of
the specific performance
(b) the enforcement of an obligation is in the
nature of trust
(c) both (a) and (b)
(d) either (a) or (b).

A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of the Specific Relief Act, 1963 is
(a) specifically enforceable at the instance of the trustee
(b) specifically enforceable at the instance of the second party
(c) specifically enforceable either at the instances of the trustee or at the instance of a second party
(d) not specifically enforceable.

Specific performance of a part of the contract, has been dealt with under
(a) section 12 of the Specific Relief Act, 1963
(b) section 10 of the Specific Relief Act, 1963
(c) section 11 of the Specific Relief Act, 1963
(d) section 9 of the Specific Relief Act, 1963.

Under section 12 of the Specific Relief Act, 1963, the general rule is that
(a) the specific performance of a part of the contract can be granted
(b) the specific performance of a part of the contract shall not be granted
(c) the specific performance of a part of the contract may not be granted
(d) a contract can be performed in piecemeal.

Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract
(a) where the part left unperformed bears only a small portion of the whole in value and admits of compensation in money
(b) where the part left unperformed is a substantial portion of the whole in value and admits of compensation in money
(c) where the part left unperformed is a small portion of the whole in subject matter and does not admit a compensation in money
(d) both (a) and (b).

Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by
(a) the promisor
(b) the promisee
(c) either the promisor or the promisee
(d) only promisor and not the promisee.

Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is
(a) small
(b) considerable
(c) inconsiderable
(d) either (a) or (b) or (c).

For section 12(4) of the Specific Relief Act, 1963, to apply
(a) the parts of the contract must be divisible
(b) the part that can be specifically enforced is independent and separate from the other part
(c) both (a) and (b)
(d) neither (a) nor (b).

Contracts not specifically enforceable have been enumerated in
(a) section 14 of the Specific Relief Act, 1963
(b) section 13 of the Specific Relief Act, 1963
(c) section 12 of the Specific Relief Act, 1963
(d) section 11 of the Specific Relief Act, 1963.

Preventive relief is granted by the court, under section 36 of the Specific Relief Act, 1963
(a) by declarations
(b) by specific performance
(c) by injunctions
(d) either (a) or (b) or (c).

Section 36 of the Specific Relief Act, 1963, classifies injunction into
(a) two
(b) three
(c) four
(d) five.

Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted
(a) during the pendency of a suit
(b) by the decree
(c) both (a) and (b)
(d) either (a) or (b).

An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act, 1963 is known as a
(a) perpetual injunction
(b) mandatory injunction
(c) temporary injunction
(d) either (a) or,(c).

Under section 37 of the Specific Relief Act, 1963, a temporary injunction can be granted
(a) on or before the settlement of issues
(b) before the conclusion of plaintiff’s evidence
(c) before the conclusion of defendant’s evidence
(d) at any stage of the suit.

Grant of temporary injunctions by virtue of section 37 of the Specific Relief Act, 1963, is regulated by
(a) the Code of Civil Procedure, 1908
(b) the Indian Contract Act, 1872
(c) the Transfer of Property Act, 1882
(d) all the above.

The circumstances under which a perpetual injunction can be granted have been enumerated under
(a) section 36 of the Specific Relief Act, 1963
(b) section 37 of the Specific Relief Act, 1963
(c) section 38 of the Specific Relief Act, 1963
(d) section 39 of the Specific Relief Act, 1963.

On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of
(a) contracts
(b) torts
(c) both (a) and (b)
(d) only (a) and not (b).

The principle of qua timet means
(a) some future probable injury to the rights or interests of a person
(b) some past injury to the rights or interests of a person
(c) some past injury to the rights or interests of a person requires
(d) some small injury capable of being estimated in money.

Grant of a mandatory injunction is regulated by
(a) section 38 of the Specific Relief Act, 1963 ;
(b) section 39 of the Specific Relief Act, 1963
(c) section 40 of the Specific Relief Act, 1963 .
(d) section 41 of the Specific Relief Act, 1963.

OBJECTIVE SAMPLE QUESTIONS ON THE TRANSFER OF PROPERTY ACT 1882 [1ST SET]

June 2, 2018Advocatetanmoy

1. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India were governed by the

(a) principles of English law and equity

(b) Indian Registration Act, 1908

(d) Indian Contract Act, 1872.

2. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing to decide property disputes according to their own notion and justice and fairplay,

(a) because judges were making own laws

(b) because of absence of any specific statutory provisions on the property matters

(d) because judges were educated in British property laws.

3. Law Commission for the Transfer of Property matters was appointed in England and the Draft Bill prepared by the Commission was introduced in Legislative Council in

(a) 1870

(b) 1875

(d) 1882.

4. The Bill on Transfer of Property was referred to

(a) First Law Commission

(b) Second Law Commission

(d) Fourth Law Commission.

5. The Transfer of Property Act was enacted in the year

(a) 1880

(b) 1881

(d) 1883.

6. The Transfer of Property Act received its assent on

(a) 17th February, 1882

(b) 22nd February, 1882

(d) 27th February, 1882.

7. First Amendment was made in the Transfer of Property Act, 1882 in the year

(a) 1880

(b) 1883

(d) 1885.

8. The Transfer of Property Act, 1882, came into effect from

(a) 17th February, 1882

(b) 27th February, 1882

(d) 1st July, 1882.

9. The Transfer of Property Act, 1882, extends in first instance to the whole of India except:

(a) territories which, immediately before 1st November, 1956 were comprised in Part B States or in State of Bombay, Punjab and Delhi

(b) territories which immediately before 1st November, 1956, were comprised in Part B State or in States of Bombay, Bihar and West Bengal

(c) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956, were comprised in Part B States of Madras, West Bengal and Manipur

(d) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956 were comprised in Part B States of Assam, Manipur and Tripura.

10. According to the Transfer of Property Act, 1882 any State Government may from time to time exempt either any part of territories from all or any of sections

(a) 54, paragraphs 2 and 3, 59,107 and 123

(b) 54,107 and 123

(d) 54,107 and 113.

11. Within the meaning of provisions of the Transfer of Property Act, 1882, the immovable property does not include:

(a) standing timber or grass

(b) standing timber, jewellery and crops

(d) only grass.

12. According to Transfer of Property Act, 1882

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(d) none of the above.

13. Under the Transfer of Property Act, 1882, the term “attested” means

(a) attested by two or more witnesses

(b) attested by one witness only

(d) no condition prevails.

14. Under the Transfer of Property Act, 1882, registered pertains to

(a) registration of property

(b) registration of documents

(d) none of the above.

15. Under the Transfer of Property Act, 1882, “attached to earth” means:

(I) routed in the earth, as in the case of trees and shrubs;

(II) imbedded in the earth as in the case of walls and buildings; or

(III) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(d) all (I), (II) and (III) are correct.

16. The chapters and sections of the Transfer of Property Act, 1882, which relate to contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(d) Indian Contract Act, 1872.

17. Within the meaning of section 4 of the Transfer of Property Act, 1882 the provisions of sections 54, paragraphs 2 and 3, sections 59, 107 and 123 shall be read as supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(d) Sale of Goods Act, 1930.

18. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of

(a) Mohammadan law

(b) Christian law

(d) none of the above.

19. According to section 5 of the Transfer of Property Act, 1882, living person includes:

(a) company or association or body of individuals

(b) individual human being only

(d) none of the above.

20. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the death of a kinsman, or any other mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(d) none of the above.

21. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby

(a) the statement is true

(b) the statement is false

(d) none of the above.

22. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage

(a) the statement is true

(b) the statement is false

(d) none of the above.

23. According to the provisions of the Transfer of Property Act, 1882, all interest in property restricted in its enjoyment to the owner personally cannot be transferred by him

(a) the statement is true

(b) the statement is false

(d) none of the above.

24. Under the provisions of section 6 of the Transfer of Property Act, 1882

(a) a right to future maintenance can be transferred

(b) cannot be transferred

(d) none of the above.

25. Under the provisions of the Transfer of Property Act, 1882

(a) a mere right to sue can be transferred

(b) a mere right to sue cannot be transferred

(d) none of the above.

26. Under the Transfer of Property Act, 1882

(a) the salary of a public officer can be transferred

(b) the salary of a public officer cannot be transferred

(d) none of the above.

27. Under the Transfer of Property Act, 1882

(a) a public office cannot be transferred

(b) a public office can be transferred

(d) none of the above.

28. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer can be made for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872

(a) the statement is false

(b) the statement is true

(d) none of the above.

29. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent person to transfer means:

I. Every person competent to contract only;

II. Every person entitled to transferable property or authorised to dispose of transferable property.

(a) only (I) is correct

(b) both (I) and (II) are correct

(d) neither is correct.

30. The term “transfer” under the Transfer of Property Act, 1882, refers to

(a) partly or whole transfer

(b) absolute or conditional transfer

(d) both (a) and (b) are correct.

31. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also includes-

(a) machinery attached to earth and the moveable parts thereof

(b) only machinery attached to earth

(d) none of the above.

32. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer includes-

(a) also oral transfer

(b) written transfer only

(d) only (b) is correct.

33. Under the Transfer of Property Act, 1882, where a writing is not expressly required by law:

(a) a transfer of properties may be made without writing in every case

(b) a transfer of property is subject to only writing

(d) none of the above.

34. Under the Transfer of Property Act, 1882 the condition restraining alienation is provided in

(a) section 10

(b) section 9

(d) section 7.

35. Where in a Transfer of Property, an interest is created absolutely in favour of any person though the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular member:

(a) he shall be entitled to receive and dispose of such interest as if there were no such direction

(b) he shall not be entitled to interest

(d) none of the above.

36. Under section 12 of the Transfer of Property Act, 1882 where the transfer of property is subject to conditions or limitations making interest therein to the benefit of person to lease on his becoming involved or endeavouring to transfer or dispose of property, such condition is:

(a) valid

(b) void

(d) none of the above.

37. Provisions of section 12 of the Transfer of Property Act, 1882

(a) does not apply to lease condition in the benefit of the lessor

(b) does apply to a condition in a lease for the benefit of lessor

(d) none of the above.

38. The rules against the perpetuity is provided in section …….of the Transfer of Property

Act, 1882

(a) 14

(b) 15

(d) 17.

39. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer. These provisions come under:

(a) rules against retrospective transfer only

(b) rules against perpetuity

(d) none of the above.

40. Under section 16 of the Transfer of Property Act, 1882 where an interest created for the benefit of a person or class of persons fails then:

(a) any interest created in the same transaction intended to take effect after

or upon failure of such prior interest also fails

(b) any interest created in the same transaction and intended to take effect after or upon failure of such prior interest does not fail

(d) none of the above.

41. Provision of longer period in the matter of accumulation of property under section 17 of the Transfer of Property Act, 1882 amounts to

(a) 18 years

(b) 20 years

(d) 25 years.

42. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income arising from the property shall be accumulated either wholly or in part during a period

(a) longer than life of the transferor

(b) shorter than life of transferor

(d) none of the above.

43. Under the provisions of section 18 of the Transfer of Property Act, 1882, the provisions of some sections shall not apply in case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. These sections are:

(a) 13,14, 15 and 16

(b) 14,16 and 17

(d) 14,15 and 20.

44. The provision of vested interest is provided in:

(a) section 18 of the Transfer of Property Act, 1882

(b) section 19 of the Transfer of Property Act, 1882

(d) section 21 of the Transfer of Property Act, 1882.

45. According to the provisions of section 19 of the Transfer of Property Act, 1882

(a) the vested interest is not defeated by the death of the transferee before he obtains possession

(b) vested interest is defeated by the death of transferee before he obtains possession

(d) none of the above.

46. Under the provisions of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit:

(a) upon his birth

(b) 7 days after his birth

(d) no such provision is made in the Act.

47. Under the provisions of the Transfer of Property Act, 1882 an unborn person acquires vested interest on transfer upon his birth, although

(a) he may not be entitled to the enjoyment immediately on his birth

(b) he is entitled after 7 days after his birth

(d) none of the above.

48. In the context of contingent interest in case of happening of a uncertain event or if a specified uncertain event shall not happen, such person acquires a contingent interest in the property. Such interest

(a) becomes vested interest in the former case, on the happening of the event, in the later, when the happening of event becomes impossible

(b) does not become vested interest

(d) none of the above.

49. The provision of contingent interest is provided in:

(a) section 20 of the Transfer of Property Act, 1882

(b) section 21 of the Transfer of Property Act, 1882

(d) section 23 of the Transfer of Property Act, 1882.

50. Where interest on transfer of property is created in favour of members only of a class as shall attain a particular age:

(a) such interest does not vest in any member of the class who has not attained that age

(b) such interest vests in any member irrespective of class who has not attained that age

(d) none of the above.

51. A transfers property to B for life and after his death to C and D, equally to be divided between them or to the survivors of them. C dies during life of B. D survives B. At B’s death the property:

(a) shall pass to D

(b) shall pass to any person

(d) none of the above.

52. The provisions of conditional transfer is provided in the Transfer of Property Act, 1882

(a) section 25

(b) section 26

(d) section 29.

53. X transfers Rs. 500 to Y on condition that he shall execute a certain lease within three months after V’s death, and, if he should neglect to do so to Z. If Y dies in X’s life time.

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(d) none of the above.

54. X marries to Y but in case she dies in his lifetime, he would transfer the property to Z. X and Y perish together, under circumstances which make it impossible to probe that she died before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(d) none of the above.

55. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior disposition of the kind contemplated in the provision of section 28 can not take effect unless:

(a) condition is strictly fulfilled

(b) condition is not fulfilled

(d) none of the above.

56. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is not valid then

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(d) none of the above.

57. A transfer a garden to B for her life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. Decide the case in the light of Transfer of Property Act, 1882

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(d) none of the above.

58. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property then

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(d) none of the above.

59. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:

(a) must bear the burden

(b) must not bear the burden

(d) none of the above.

60. The rule of election under the Transfer of Property Act, 1882, as applied to Will is enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(d) General Clauses Act, 1897.

61. A person is not put to his election, unless he has a proprietary interest in the property disposed off in derogation of his rights. This is the subject matter under provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(d) General Clauses Act, 1897.

62. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In this light, before the Transfer of Property Act, 1882, when a transfer was severed by the sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(d) none of the above.

63. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable and movable property whereas sections 38 to 53 apply to:

(a) movable property only

(b) immovable property

(d) none of the above.

64. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to cases falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of certain events

(d) none of the above.

65. Section 38 of the Transfer of Property Act, 1882, has no application

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(d) none of the above.

66. Under section 39 of the Transfer of Property Act, 1882 the provision is made for transfer where the third person is entitled to maintenance. In this context the court held that right of maintenance, even of a Hindu widow, is an identified right which falls short of a charge. This was decided in case of:

(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(d) none of the above.

67. Right to maintenance under the provisions of section 39 of the Transfer of Property Act, 1882 includes the enhanced maintenance in future to these if there has been a material change in the circumstances. This was decided in case of:

(a) Adiveppa v. Tengawum, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

68. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word “maintenance” covers also residence. This was decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurtlii v. Kanakaratnam, (1948) Mad 315

(d) Mama v. Bachchi, (1906) 26 All 655.

69. Within the meaning of provision under section 39 of the Transfer of Property Act, 1882 a woman is entitled to maintenance not only from the husband, but also from sons who are members of joint family. This was decided in case of:

(a) S. Periaswami v. Cliellaival, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(d) Basudev Dei Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

70. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) right of transferer as against purchase from a transferee to restrain the breach of a negative covenant

(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a negative covenant

(d) none of the above.

71. Within the meaning of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) is not a transferee by operation of law

(b) is a transferee by operation of law

(d) none of the above.

72. The transfer by ostensible owner is provided in …….section of the Transfer of Property Act, 1882

(a) section 38

(b) section 39

(d) section 41.

73. With the express or implied consent of interested person in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, then the transfer shall not be:

(a) voidable

(b) void

(d) none of the above.

74. The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppel. The statement is

(a) true

(b) false

(d) none of the above.

75. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and

has no application to:

(a) court sale

(b) contingent sale

(d) price less sale.

76. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some conditions:

(1) Transferer is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration.

(4) Transferee has acted in good faith, taking reasonable care to ascertain that the transferer had power to transfer.

(a) only (1) and (2) are required 81.

(b) only (1), (2) and (3) are required

(d) all are required. (D

77. Possession of a manager cannot be treated

as ostensible ownership with the consent of (2) the real owner. This was held in case of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

78. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the

property to be sold thereby

(b) can whitle down the effect of clear recitals in the document about the property to be sold thereby

(d) none of the above.

79. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:

(a) right of revocation

(b) right of transfer

(d) none of the above.

80. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:

(a) which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice

(b) which the transferee may rescind the proceeding

(d) none of the above.

81. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882 some conditions are necessary:

(1) Contract of transfer was made by a person who was competent to contract.

(2) Contract would be subsisting at the time when a claim for recovery of the property is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(d) none of the above.

82. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(d) transfers by all co-owners.

83.When one of several co-owners transfers his share, the transferee acquires as against the other co-owners the same rights that of transferor had but is subject to any condition and liabilities affecting the share at the date of transfer. This is the provision under:

(a) section 40 of the Transfer of Property Act, 1882

(b)section 41 of the transfer of property Act,1882

(d) ) section 44 of the Transfer of Property Act, 1882

84. The provision for the joint transfer for consideration is dealt in:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

85. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

86. Under the provisions of the Transfer of Property Act, 1882, where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(d) none of the above.

87. Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transfers, the transfer, as among such transferors, takes effect on such share:

(a) inequally where the shares were equal and where they are unequal proportionally to the extent of such shares

(b) equally where the share were equal and where they are unequal proportionately to the extent of such shares

(d) none of the above.

88. Within the meaning of section 48 of the Transfer of Property Act, 1882, the transfer cannot prejudice the rights of the transferee by any subsequent dealing with the property. This self-evident proposition is expressed in

(a) equitable maxim qui prior est tempore potior est jure

(b) quid pro co

(d) none of the above.

89. The provision of improvements made by bona fide holders under defective titles is dealt in:

(a) section 50 of the Transfer of Property Act, 1882

(b) section 51 of the Transfer of Property Act, 1882

(d) none of the above.

90. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The statement is

(a) true

(b) false

(d) none of the above.

91. Some conditions must be fulfilled before the equity provided in section 51, arises

(1) The person evicted must be transferee.

(2) The person must have made the improvements believing in good faith that he was absolutely entitled.

(a) only (1) is correct

(b) only (2) is correct

(d) none of the above.

92. A treepasser is not a transferee within the meaning of section 51 of the Transfer of Property Act, 1882 and he is not entitled to compensation for improvements. This was decided in:

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231

(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77

(d) none of the above.

93. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in the light of

(a) Sale of Goods Act, 1930

(b) General Clauses Act, 1897

(d) Specific Relief Act, 1963.

94. Section 51 of the Transfer of Property Act, 1882, does not apply to

(a) court sale

(b) auction sale

(d) none of the above.

95. Within the meaning of section 51 of the Transfer of Property Act, 1882, the transferee:

(a) has lien on land for the value of improvements

(b) has no lien on the land for the value of improvements

(d) none of the above.

96. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:

(a) false

(b) true

(d) none of the above.

97. The principle of lis pendens embodied in section 52 of the Transfer of Property Act, 1882 pertains to:

(a) bona fide purchase

(b) public policy

(d) none of the above.

98. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:

(a) true

(b) false

(d) none of the above.

99. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:

(a) false

(b) true

(d) none of the above.

100. In case of a transfer hit by the doctrine of lis pendens, the question of good faith which is essential to be established before a equitable relief can be granted in favour of a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:

(a) relevant

(b) partly relevant

(d) partly irrelevant.

OBJECTIVE SAMPLE QUESTIONS ON THE INDIAN PENAL CODE[1ST SET ]

June 2, 2018Advocatetanmoy

1. The Fundamental principle of criminal liability is embodied in the maxim “actus non facit reum nisi mens sit rea”. The maxim was developed by:

(a) Equity Courts

(b) Common Law Courts

(d) none of the above.

2. ‘Wrongful gain’ means

(a) gain by lawful means of property which the person gaining is not entitled

(b) gain by unlawful means of property which the person gaining is not entitled

(d) all the above.

3. ‘Wrongful loss’ means

(a) loss by unlawful means of property which the person losing it, is legally entitled

(b) loss by lawful means of property which the person losing it is not legally entitled

(d) all the above.

4. The provision of personation at elections under section 171D of IPC

(a) shall apply to a person who has been authorised to vote as proxy for an elector under any law in force

(b) shall not apply to a person who has been authorised to vote as proxy for an elector under any law in force

(d) none of the above.

5. ‘Dishonestly’ has been defined as doing anything with intention to cause wrongful gain to one person & wrongful loss to another, under

(a) section 21

(b) section 23

(d) section 25.

6. ‘Fraudulently’ has been defined as doing anything with intent to defraud

(a) section 23

(b) section 25

(d) section 26.

7. When a criminal act is done by several persons in furtherance of the common intention of all

(a) each of such person is liable for that act in the same manner as if it were done by him alone

(b) each of such person is liable for his own overt act

(d) both (b) & (c).

8. Which among these Codes, is included in the Schedule to the Prevention of Money- Laundering Act, 2002.

(a) Civil Procedure Code

(b) Criminal Procedure Code

(d) none of these.

9. To establish section 34 of IPC

(a) common intention be proved but not overt act be proved

(b) common intention and overt act both be proved

(d) all the above.

10. Section 34 of IPC

(a) creates a substantive offence

(b) is a rule of evidence

(d) neither (a) nor (b).

11. ‘X’ & ‘Y’ go to murder ‘Z’. ‘X’ stood on guard with a spear in hand but did not hit ‘Z’ at all. Y killed ‘Z’

(a) only ‘Y’ is liable for murder of Z

(b) ‘X’ & ‘Y’ both are liable for murder of ‘Z’

(d) both (a) & (c).

12. ‘Voluntarily’ has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, know or had reason to believe to be likely to cause it under

(a) section 39

(b) section 38

(d) section 40.

13. Under section 45 of IPC, life denotes

(a) life of a human being

(b) life of an animal

(d) life of either human being or animal.

14. Under section 46 of IPC, death denotes

(a) death of a human being

(b) death of an animal

(d) death of either human being or an animal.

15. Illegal signifies

(a) everything which is an offence

(b) everything which is prohibited by law

(d) all the above.

16. Animal denotes

(a) any living creature including human being

(b) any living creature other than a human being

(d) either (a) or (c).

17. How many types of punishments have been prescribed under the Indian Penal Code

(a) three

(b) six

(d) four.

18. Under section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment

(a) has to be wholly rigorous

(b) has to be wholly simple

(d) either (a) or (b).

19. Sentence of imprisonment for non-payment of fine under section 64 of IPC

(a) shall be in excess of any other imprisonment to which an offender has been sentenced

(b) shall be concurrent of any other imprisonment

(d) both (b) & (c).

20. Under section 65 of IPC sentence of imprisonment for non-payment of fine shall be limited to

(a) one-third of the maximum term of imprisonment fixed for the offence

(b) one-fourth of the maximum term of imprisonment fixed for the offence

(d) equal to the maximum term of imprisonment fixed for the offence.

21. In case of an offence punishable with fine only, imprisonment for non-payment of fine

(a) has to be rigorous

(b) has to be simple

(d) can be partly rigorous and partly simple.

22. Under section 498A of IPC cruelty includes

(a) harassment of the woman

(b) physical cruelty only

(d) cruelty by wife.

23. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine of not exceeding Rs. 100 but exceeding Rs. 50, the imprisonment in default of payment of fine shall not exceed

(a) two months

(b) three months

(d) six months.

24. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine exceeding Rs. 100, the imprisonment in default of payment of fine shall not exceed

(a) one year

(b) six months

(d) two months.

25. Section 64 of IPC provides for

(a) nature & maximum limit of imprisonment for non-payment of fine

(b) nature & minimum limit of imprisonment for non-payment of fine

(c) nature but does not prescribe any limit of imprisonment for non-payment of fine

(d) limit of imprisonment for non-payment of fine but does not prescribe the nature of imprisonment.

26. Imprisonment for non-payment of fine shall terminate

(a) on payment of fine

(b) on expiry of the term of imprisonment for non-payment

(d) neither (a) nor (b).

27. In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence

(a) shall be reduced proportionately

(b) shall not be reduced in direct proportion to the fine paid

(d) all of the above.

28. Section 73 of IPC provides for the maximum limit of solitary confinement to be

(a) one year

(b) two years

(d) six months.

29. If an offender has been sentenced to imprisonment not exceeding six months, the solitary confinement

(a) shall not exceed 15 days

(b) shall not exceed one month

(d) shall not exceed forty-five days.

30. If an offender is sentenced to imprisonment for a term exceeding six months but not exceeding one year, the term of solitary confinement

(a) shall not exceed one month

(b) shall not exceed forty-five days

(d) shall not exceed three months.

31. If an offender is sentenced to imprisonment for a term exceeding one year, the term of solitary confinement shall not exceed

(a) one month

(b) two months

(d) six months.

32. Nothing is said to be done or believed to be done in goodfaith which is done or believed without due care & intention – is the definition of goodfaith contained in

(a) section 29 of IPC

(b) section 29A of IPC

(d) section 52A of IPC.

33. General exceptions are contained in

(a) chapter III of IPC

(b) chapter IV of IPC

(d) chapter VI of IPC.

34. Section 76 provides that nothing is an offence which is done by a person who is or who by reason of

(a) mistake of fact in good faith believes himself to be bound by law to do it

(b) mistake of law in good faith believes himself to be bound by law to do it

(d) all the above.

35. Under section 79, nothing is an offence which is done by a person who is justified by law or who by reason of mistake of fact in goodfaith believes himself to be

(a) bound by law to do it

(b) justified by law to do it

(d) all the above.

36. The maximum ‘ignorantia juris non excusat’ means

(a) ignorance of law is no excuse

(b) ignorance of fact is no excuse

(d) ignorance of fact is an excuse.

37. Section 76 & section 79 of IPC provide the general exception of

(a) mistake of law

(b) mistake of fact

(d) either mistake of law or of fact.

38. Accident as an exception has been dealt with in

(a) section 77

(b) section 78

(d) section 82.

39. Under section 80, the exception of accident is available when an offence is committed while

(a) doing a lawful act in a lawful manner by lawful means

(b) doing a lawful act in any manner by any means

(d) all the above.

40. The principle as to the way in which a man should behave when he has to make a choice between two evils is illustrated in

(a) section 80 of IPC

(b) section 81 of IPC

(d) section 78 of IPC.

41. The motive under section 81 of IPC should be

(a) prevention of harm to person

(b) prevention of harm to property

(d) either (a) or (b).

42. ‘Infancy’ as an exception has been provided under

(a) section 80

(b) section 81

(d) section 84.

43. Section 82 of IPC provides that nothing is an offence which is done by a child under

(a) six years of age

(b) seven years of age

(d) ten years of age.

44. Section 82 of IPC enunciates

(a) a presumption of fact

(b) a rebuttable presumption of law

(d) none of the above.

45. A person is stated to be partially incapax under section 83, IPC if he is aged

(a) above seven years and under twelve years

(b) above seven years and under ten years

(d) above seven years and under eighteen years.

46. Section 83 of IPC lays down

(a) a presumption of fact

(b) an inconclusive or rebuttable presumption of law

(d) irrebuttable presumption of fact.

47. Section 82 of IPC lays down the rule of

(a) wholly incapax

(b) partially incapax

(d) either (a) or (b).

48. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child

(a) of below seven years of age

(b) of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding

(d) all the above.

49. The maxim ‘actus nott facit rea nisi mens sit rea’ means

(a) crime has to be coupled with guilty mind

(b) there can be no crime without a guilty mind

(d) criminal mind leads to crime.

50.1. The physical aspect of crime is actus reas.

II. The mental aspect of crime is mens rea.

III. The motive is the desire to commit crime Which of the following is correct for the aforesaid

(a) I & II are correct but III is not correct

(b) only II & III

(d) all the above.

51. Section 84 of IPC provides for

(a) medical insanity

(b) legal insanity

(d) unsoundness of mind of any kind.

52. Irresistible impulse is a defence

(a) in India

(b) in England

(d) neither in India nor in England.

53. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of

(a) section 77 of IPC

(b) section 78 of IPC

(d) section 76 of IPC.

54. Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing

(a) the nature of the act

(b) that what he is doing is wrong

(d) either (a) or (b) or (c).

55. Which of the following is correct

(a) the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution

(b) the burden of proving that the accused was insane at the time of commission of offence is on the accused

(d) it is a matter of inference to be drawn by the court on the facts proved by the prosecution.

56. For unsoundness of mind, the impairment of the cognitive faculty of mind to escape criminal liability

(a) must be total

(b) must be partial

(d) none of the above.

57. Intoxication as defence is contained in

(a) section 85 of IPC

(b) section 86 of IPC

(d) both (a) & (b).

58. For a defence of intoxication, to escape criminal liability, the degeneration of mental faculties

(a) must be total

(b) must be partial

(d) only (b) above is correct & (a) is incorrect.

59. For a defence of intoxication, to escape criminal liability, the intoxication

(a) can be self administered

(b) administered against his will or knowledge

(d) all the above.

60. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of IPC

(a) the existence of mens rea is presumed

(b) the specific mens rea is not presumed

(d) none of the above.

61. The doctrine ‘volenti non fit injuria’ is contained in

(a) section 87 of IPC

(b) section 88 of IPC

(d) all the above.

62. The defence of ‘consent’ applies to

(a) private wrongs

(b) public wrongs

(d) neither (a) nor (b).

63. The defence of ‘consent’ is restrictive in its applicability in cases involving

(a) alienable rights

(b) inalienable rights

(d) neither (a) nor (b).

64. The defence of ‘consent’ is not available in cases of

(a) consent to cause death

(b) consent to cause grievous hurt

(d) either (a) or (b).

65. Operation of consent to all offences, short of causing death intentionally, has been extended under

(a) section 88 of IPC

(b) section 90 of IPC

(d) section 87 of IPC.

66. Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind

(a) can be given by their guardians without any restriction

(b) can be given by the guardian subject to restrictions mutually agreed upon

(d) all the above.

67. The consent is not a valid consent under section 90

(a) if given under a fear of injury or misconception of fact

(b) if given by a person of unsound mind

(d) all the above.

68. Consent given under compulsion arising out of threat of injury

(a) excuses the causing of death

(b) excuses causing of any offence against the state punishable with death

(d) neither (a) nor (b).

69. The maxim ‘de minimus non curat lex’ means

(a) law would not take action on small & trifling matter

(b) law does not ignore any act which causes the slightest harm

(d) all the above.

70. The principle ‘de minimus non curat lex’ is contained in

(a) section 92 of IPC

(b) section 93 of IPC

(d) section 95 of IPC.

71. The right of private defence is contained in

(a) section 94 of IPC

(b) section 95 of IPC

(d) section 98 of IPC.

72. The right to private defence is based on the natural instinct of

(a) self-preservation

(b) self-respect

(d) self-reliance.

73. The right to private defence is

(a) unrestricted

(b) subject to restriction contained in section 99 of IPC

(d) subject to restrictions contained in any other provision of IPC.

74. Right to private defence is

(a) available under all circumstances

(b) available where there is time to have the recourse to the protection of public authorities

(d) all of the above.

75. The law on private defence in India

(a) is the same as in England

(b) is narrower than the one in England

(d) none of the above.

76. The right to private defence is available with respect to

(a) harm to body

(b) harm to movable property

(d) all the above.

77. Under section 98 right to private defence also is available against a

(a) person of unsound mind

(b) person who does not have maturity of understanding

(d) neither (a) nor (b).

78. Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided

(a) under section 96 of IPC

(b) under section 97 of IPC

(d) under section 99 of IPC.

79. Every person has a right of private defence of his property or of any other person against certain offences affecting the property, has been provided

(a) under section 95 of IPC

(b) under section 96 of IPC

(d) under section 98 of IPC.

80. Right of private defence is not available

(a) to the aggressor

(b) to the person who is attacked

(d) only (a) & (c) are correct.

81. In a case of free fight between two parties

(a) right of private defence is available to both the parties

(b) right of private defence is available to individuals against individual

(d) right to private defence is available only to one party.

82. Under section 99, the right of private defence is

(a) not available at all against public servants engaged in the discharge of their lawful duties

(b) available under all circumstances against public servants engaged in the discharge of their lawful duties

(d) available against public servants only when their acts cause reasonable apprehension of damage to property.

83. Right to private defence under section 99

(a) extends to causing more harm than is necessary for the purpose of defence

(b) does not extend to causing more harm than is necessary for the purpose of defence

(d) restricts the harm caused to be less than the one necessary for the purpose of defence.

84. Right of private defence extends to causing death, under the circumstances laid down in

(a) sections 100 & 101 of IPC

(b) sections 101 & 102 of IPC

(d) sections 100 & 103 of IPC.

85. Right of private defence of the body extends to causing death has been dealt with under

(a) section 100 of IPC

(b) section 101 of IPC

(d) section 103 of IPC.

86. Right of private defence of property extending to causing death has been dealt with under

(a) section 103 of IPC

(b) section 102 of IPC

(d) section 100 of IPC.

87. In cases of assault causing reasonable apprehension of death or of grievous hurt, the right of private defence extends voluntarily

(a) causing grievous hurt

(b) causing death

(d) causing any harm other than death or grievous hurt.

88. In cases of assault with intention of committing rape or of gratifying unnatural lust, the right of private defence extends voluntarily

(a) causing any harm including death

(b) causing any harm other than death

(d) both (b) & (c).

89. In cases of kidnapping & abduction the right of private defence extends voluntarily causing

(a) any harm other than death

(b) any harm other than death & grievous hurt

(d) both (a) & (b).

90. In cases of robbery or dacoity, the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(d) both (b) & (c).

91. Where a wrong doer commits house breaking by night, the right to private defence extends to voluntarily causing

(a) any harm other than death

(b) any harm including death

(d) either (a) or (c).

92. Where a wrong leads to mischief by fire on a building used as a human dwelling or a place for custody of property the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(d) either (b) or (c).

93. Under section 102 of IPC the right to private defence of the body

(a) commences as soon as a reasonable apprehension of danger to the body arises and continues as long as that apprehension continues

(b) commences as soon as a reasonable apprehension of danger to the body arises and continues even after that apprehension ceases

(d) commences only when the assault is actually done & continues after the assailant has left.

94. Under section 105 of IPC, the right of private defence of property in cases of theft commences when a reasonable apprehension of danger to the property commences and

(a) continues till the offender has effected his retreat with the property

(b) continues till the assistance of public authorities is obtained

(d) all the above.

95. Section 106 of IPC extends the right of private defence, in case of apprehension of death, to causing

(a) any harm other than death to any innocent person

(b) any harm other than grievous hurt to any innocent person

(d) none of the above.

96. Chapter V of Indian Penal Code deals with

(a) abetment

(b) attempt

(d) religion.

97. Right of private defence is not available

(a) against any act which in itself is not an offence

(b) against any act which is not legal wrong

(d) all the above.

98. Section 97 of IPC extends the right of private defence of property, to the offence of

(a) cheating

(b) misappropriation

(d) criminal breach of trust.

99. Abetment under section 107 of IPC can be constituted by

(a) instigation

(b) conspiracy

(d) all the above.

100. Abettor is a person

(a) who commits the offence

(b) who instigates the commission of offence

(d) who is innocent.

OBJECTIVE SAMPLE QUESTIONS ON THE INDIAN EVIDENCE ACT [1ST SET ]

June 2, 2018October 4, 2018Advocatetanmoy

Choose the correct answer from the options given under a question

Indian Evidence Act was drafted by
(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine.
The law of evidence consists of
(a) ordinary rules of reasoning
(b) legal rules of evidence
(c) rules of logic
(d) all the above.
Relevancy and admissibility under the
Indian Evidence Act are
(a) synonymous
(b) co-extensive
(c) neither synonymous nor co-extensive
(d) synonymous & co-extensive both.
‘Self-regarding’ statements
(a) can be self-serving statements
(b) can be self-harming statements
(c) can be self-serving or self-harming
(d) none of the above.
What is correct as regards the admissibility of self-regarding statements
(a) self-harming statement is admissible but a self-serving statement is not generally admissible
(b) self-serving statement is admissible but a self-harming statement is not generally admissible
(c) self-serving and self-harming statements both are generally admissible
(d) self-serving and self-harming statements both are generally inadmissible.
Under the law of evidence, as a general rule
(a) opinion on a matter of fact is relevant but not on a matter of law
(b) opinion on a matter of law is relevant but not on a matter of fact
(c) opinion on a matter of fact and law both are relevant
(d) opinion whether on a matter of fact or law, is irrelevant.
Indian Evidence Act applies to
(a) proceedings before tribunals
(b) proceedings before the arbitrator
(c) judicial proceedings in courts
(d) all the above.
Law of evidence is
(a) lex tallienis
(b) lex fori
(c) lex loci solutionis
(d) lex situs.
Law of evidence is
(a) a substantive law
(b) an adjective law
(c) both (a) & (b)
(d) neither (a) nor (b).
Facts can be
(a) physical facts
(b) psychological facts
(c) physical as well as psychological facts
(d) only physical facts & not psychological facts.
Under the Evidence Act, fact means
(a) factum probandum
(b) factum probans
(c) both factum probandum and factum probans
(d) none of the above.
Fact in issue means
(a) fact, existence or non-existence of which is admitted by the parties
(b) fact, existence or non-existence of which is disputed by the parties
(c) fact existence or non-existence of which is not disputed by the parties
(d) all the above.
Evidence under the Indian Evidence Act means & includes
(a) ocular evidence
(b) documentary evidence
(c) ocular and documentary evidence both
(d) ocular evidence based on documents only.
Propositions under Evidence Act are
I. Affidavit is an evidence.
II. Everything produced before the court for inspection is evidence.
III. Anything of which judicial notice can be taken is evidence.
IV. Written statement of an accused is evidence. Which of the following is true in respect of the aforesaid propositions
(a) I, II, III & IV all are correct
(b) I, II & III are correct but IV is incorrect
(c) I, II & IV are correct but III is incorrect
(d) I, II & IV are incorrect but III is correct
(e) I & II are correct but III & IV are incorrect
(f) I is incorrect but II, III & IV are correct.
Proof of a fact depends on
(a) accuracy of the statement and not upon the probability of its existence
(b) not upon the accuracy of the statement but upon the probability of its existence
(c) artificial probative value assigned to a fact
(d) rigid mathematical demonstration.
Standard of proof in
(a) civil and criminal cases is the same
(b) criminal cases is much more higher than in civil cases
(c) criminal case is lower than in civil cases
(d) either (a) or (c) are correct
Presumptions under the law of evidence are
(a) presumption of facts
(b) presumptions of law
(c) both (a) & (b)
(d) only (b) & not (a).
Propositions under Evidence Act are
I. Presumptions of facts are always rebuttable
II. Presumption of facts can be either rebuttable or irrebuttable
III. Presumption of law are always irrebuttable
IV. Presumption of law can be either rebuttable or irrebuttable.
Which is true of the aforesaid propositions
(a) I & III are correct but II & IV are incorrect
(b) I & IV are correct but II & III are incorrect
(c) II & III are correct but I & IV are incorrect.
(d) II & IV are correct but I & III are incorrect.
Under the law of evidence, the relevant fact
(a) must be legally relevant
(b) must be logically relevant
(c) must be legally & logically relevant
(d) must be legally & logically relevant and admissible.
Relevancy is
(a) question of law and can be raised at any time
(b) question of law but can be raised at the first opportunity
(c) question of law which can be waived
(d) question of procedure which can be waived.
Question of mode of proof is
(a) a question of law which can be raised at any time
(b) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity
(c) a question of procedure & can be raised at any time
(d) a mixed question of law & fact.
Which of the following documents are not admissible in evidence
(a) documents improperly procured
(b) documents procured by illegal means
(c) both (a) & (b)
(d) neither (a) nor (b).
The facts which form part of the same transaction are relevant
(a) under section 5 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 7 of Evidence Act
(d) under section 8 of Evidence Act.
A fact forming part of the same transaction is relevant under section 6 of Evidence Act
(a) if it is in issue and have occurred at the same time & place
(b) if it is in issue and may have occurred at different times & places
(c) though not in issue and may have occurred at the same time & place or at different times & places
(d) though not in issue, must have occurred at the same time & place.
Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant
(a) under section 6 of Evidence Act
(b) under section 7 of Evidence Act
(c) under section 8 of Evidence Act
(d) under section 9 of Evidence Act.
Motives of preparation and conduct are I relevant
(a) under section 6 of Evidence Act
(b) under section 7 of Evidence Act
(c) under section 8 of Evidence Act
(d) under section 9 of Evidence Act.
Under section 8 of Evidence Act
(a) motive is relevant
(b) preparation is relevant
(c) conduct is relevant
(d) all the above.
For conduct to be relevant under section 8 of Evidence Act, it
(a) must be previous
(b) must be subsequent
(c) may be either previous or subsequent
(d) only subsequent & not previous.
Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship & identity of parties are relevant
(a) under section 8 of Evidence Act
(b) under section 9 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 11 of Evidence Act.
Under section 9 of Evidence Act
(a) the identification parades of suspects are relevant
(b) the identification parades of chattels are relevant
(c) both (a) & (b) are relevant
(d) only (a) & not (b) is relevant.
Identification of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) section 9 of Evidence Act excludes identification by photo
(d) section 8 of Evidence Act excludes identification by photo.
Things said or done by a conspirator in reference to the common design is relevant
(a) under section 12 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 8 of Evidence Act.
A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible
(a) under section 8 of Evidence Act
(b) under section 10 of Evidence Act
(c) under section 30 of Evidence Act
(d) both (b) & (c).
Alibi is governed by
(a) section 6 of Evidence Act
(b) section 8 of Evidence Act
(c) section 15 of Evidence Act
(d) section 11 of Evidence Act.
Transaction and instances relating to a right or custom are relevant
(a) under section 6 of Evidence Act
(b) under section 8 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 13 of Evidence Act.
Section 13 of Evidence Act applies to
(a) corporal rights
(b) incorporal rights
(c) both corporal and incorporal rights
(d) neither (a) nor (b).
Section 13 of Evidence Act
(a) is confined to public rights & does not cover private rights
(b) is not confined to public rights and covers private rights also
(c) is confined to private rights and does not cover public rights
(d) either (a) or (c) is correct.
Mode of proof of a custom is contained in
(a) section 32(4) of Evidence Act
(b) section 32(7) of Evidence Act
(c) section 48 of Evidence Act
(d) all the above.
Section 14 of Evidence Act makes relevant the facts which show the existence of
(a) any state of mind
(b) any state of body or bodily feeling
(c) either state of mind or of body or bodily feeling
(d) a particular state of mind and a state of body.
Under section 14 of Evidence Act – Explanation I
(a) evidence of general disposition, habit or tendencies is inadmissible
(b) evidence having a distinct and immediate reference to the particular matter in question is admissible
(c) both (a) & (b) are correct
(d) both (a) & (b) are incorrect.
Previous conviction of a person is relevant under
(a) explanation I to section 14 of Evidence Act
(b) explanation II to section 14 of Evidence Act
(c) explanation III to section 14 of Evidence Act
(d) explanation IV to section 14 of Evidence Act.
Multiple Choice Questions for Judicial Service Examination
Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant
(a) when it is uncertain whether the act is intentional or accidental
(b) when it is certain that the act is with guilty knowledge
(c) when it is certain that the act is done innocently
(d) either (b) or (c).
Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under
(a) section 16 of Evidence Act
(b) section 17 of Evidence Act
(c) section 18 of Evidence Act
(d) section 19 of Evidence Act.
Admissions
(a) must be examined as a whole and not in parts
(b) can be examined in parts
(c) can be examined as a whole or in parts
(d) both (b) & (c) are correct.
Admissions bind the maker
(a) in so far as it relates to facts
(b) in so far as it relates to question of law
(c) both on questions of facts & of law
(d) neither (a) nor (b).
Admissions
(a) must be in writing
(b) must be oral
(c) either oral or in writing
(d) only in writing & not oral.
Admission to be relevant
(a) must be made to the party concerned & not to a stranger
(b) must be made to a stranger
(c) it is immaterial as to whom admission is made and an admission made to a stranger is relevant
(d) it is immaterial to whom the admission is made but must be made to someone intimately connected & not a stranger.
Propositions under Evidence Act are
I. Statement is a genus, admission is a species
& confession is a sub species.
II. Statement & admission are species & confession is a sub species.
III. Statement & admission are genus & confession is a species.
In this context which of the following is correct
(a) I is correct, II & III are incorrect
(b) I & II are correct & III is incorrect
(c) II & III are correct & I is incorrect
(d) III is correct & I & II are incorrect.
Admission can be
(a) formal only
(b) informal only
(c) either formal or informal
(d) only formal & not informal.
Admissions
(a) are conclusive proof of the matters admitted
(b) are not conclusive proof of the matters admitted but operate as estoppel
(c) are conclusive proof of the matter and also operate as estoppel
(d) both (a) & (c) are correct.
Persons who can make admissions are mentioned in
(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.
Admissions by agents are
(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c).
Admissions made by a party are evidence against
(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.
Which of the following admission is no evidence
(a) an admission by one of the several defendants in a suit against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the firm or other partners
(d) only (a) & (b).
When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided
(a) under section 21 of Evidence Act
(b) under section 20 of Evidence Act
(c) under section 19 of Evidence Act
(d) under section 17 of Evidence Act.
In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of
(a) section 17 of Evidence Act
(b) section 19 of Evidence Act
(c) section 20 of Evidence Act
(d) section 21 of Evidence Act.
Communication made ‘without prejudice’ are protected
(a) under section 22 of Evidence Act
(b) under section 23 of Evidence Act
(c) under section 24 of Evidence Act
(d) under section 21 of Evidence Act.
Confession caused by inducement, threat or promise is contained in
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Section 24 of Evidence Act applies
(a) when the inducement, threat or promise comes from a person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious
(d) only (a) & (b) are correct.
A confession made to a police officer is inadmissible under
(a) , section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
A confession to be inadmissible under section 25 of Evidence Act
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
Which of the following is not given by section 25 of Evidence Act
(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force
(c) confession made to an officer under FERA
(d) all the above.
A retracted confession
(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) can not be made solely the basis of conviction unless the same is corroborated
(d) both (a) & (c) are incorrect.
A confession made by a person while in police custody is inadmissible as per
(a) section 25 of Evidence Act
(b) section 26 of Evidence Act
(c) section 27 of Evidence Act
(d) section 30 of Evidence Act.
A confession made while in police custody is admissible under section 26 of Evidence Act
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.
Section 27 control
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) all the above.
Section 27 applies to
(a) discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused
(b) discovery of some fact which the police had previously learnt from other sources
(c) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same
(d) all the above.
Under section 27 of Evidence Act, ‘discovery of fact’ includes
(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
(d) neither (a) nor (b).
Section 27 of Evidence Act applies
(a) when the person giving information is an accused but not in police custody
(b) when the person giving information is an accused and is in police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an accused.
Under section 27 of Evidence Act
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b).
Facts discovered in consequences of a joint information
(a) are not admissible and can not be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.
Confession of an accused is admissible against the other co-accused
(a) under section 28 of Evidence Act
(b) under section 29 of Evidence Act
(c) under section 30 of Evidence Act
(d) under section 31 of Evidence Act.
Confession of one accused is admissible against co-accused
(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.
Confession of a co-accused, not required to be on oath and cannot be tested by cross- examination
I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction
II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.
‘Necessity rule’ as to the admissibility of evidence is contained in
(a) section 31 of Evidence Act
(b) section 32 of Evidence Act
(c) section 60 of Evidence Act
(d) section 61 of Evidence Act.
Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement
(a) is dead or has become incapable of giving evidence
(b) is a person who can be found but his attendance can not be procured without unreasonable delay or expenses
(c) is a person who can not be found
(d) all the above.
Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’ death
(c) may relate to the cause of his own death or someone else’ death
(d) both (b) & (c) are correct.
The person whose statement is admitted under section 32 of Evidence Act
(a) must be competent to testify
(b) need not be competent to testify
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.
A dying declaration is admissible
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceedings alone & not in civil proceedings.
A dying declaration
(a) can form the sole basis of conviction without any corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by independent witness
(c) cannot form the sole basis of conviction unless corroborated by independent witness
(d) only (b) & (c) are correct.
A dying declaration to be admissible
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private person.
Declaration in course of business are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Declaration as to custom are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Under section 32(4) of Evidence Act, the declaration
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
Opinions of experts are relevant
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Under section 45 of Evidence Act, the opinion of expert can be for
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).
Under section 45 of Evidence Act the opinion of expert can be on the question of
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
(d) only (a) & not (b).
Opinion of an expert under section 45 of Evidence Act
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
A disputed handwriting can be proved
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the questioned document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.
The res inter alia acta is receivable
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible
(a) under section 51 of Evidence Act
(b) under section 50 of Evidence Act
(c) under section 52 of Evidence Act
(d) under section 49 of Evidence Act.
The relationship in section 50 of Evidence Act means
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
Opinion as to relationship of marriage under section 50 of CPC
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act
Propositions under Evidence Act are
I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue.
II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given. In relation to the above propositions which of the following is correct statement
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.
Facts of which the judicial notice is to be taken are stated in
section 56 of Evidence Act
section 57 of Evidence Act
section 58 of Evidence Act
section 55 of Evidence Act.
List of facts of which the judicial notice has to be taken under section 57 of Evidence Act
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
Facts which need not be proved by the parties include
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).
The court may in its discretion call for proving the facts
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).
Oral evidence under section 60 of Evidence Act may be
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).