MCQs Law Civil Judge & Public

Q1. Which of the following is incorrect under the Evidence Act?

1. In a case where 'A' is charged with receiving a particular stolen wristwatch knowing the same to be stolen-- The fact that at the same time he was in possession of other such stolen articles is relevant.
2. In a case where 'A' is tried for the murder of 'B' by intentionally shooting him to death-- The fact that 'A' was in the habit of shooting at people with intent to murder them is relevant.
3. In a case where 'A' is sued for damages for bite injury caused by his dog to 'B', 'A' having known the dog to be ferocious-- The fact that dog had previously bitten 'X', 'Y' and 'Z' is relevant.
4. In a case where 'A' is accused of defaming 'B' by publishing an imputation intended to harm the reputation of 'B' -- The fact of previous publications by 'A' respecting 'B' showing ill-will on the part of 'A' towards 'B' is relevant.

Answer: B

Q2. 'C' is employed as cashier by a firm to receive money at its sale counter. It is his duty to make entries in the ledger showing the amounts received by him. He is prosecuted on the charge of criminal breach of trust in respect of rupees ninety thousand on the basis of evidence showing he made an entry showing that he had received rupees ten thousand only whereas he had actually received rupees one lakh. 'C' has taken the plea that the wrong entry was accidental and unintentional. The fact that other entries made in the same ledger are false, each showing receipt of less amount by 'C' is-

1. relevant as it has a bearing on the question of intention
2. not relevant as the other entries are not basis of charge
3. not relevant as the evidence is extraneous
4. not relevant as other entries are not in issue

Answer: A

Q3. Mark what is not a 'public document' within the meaning of the expression used in the Evidence Act ?

1. The records of Motor Accident Claims Tribunal.
2. The register of private documents maintained in the office of Sub-Registrar under the Registration Act.
3. The record of proceedings of the House of the People maintained in the Lok Sabha Secretariat.
4. Pronote executed by 'A' while taking loan from a money lender.

Answer: D

Q4. Which of the following is correct ?

1. There is a presumption that maps of various States and Union Territories made by the Survey of India are accurate.
2. There is a presumption that map prepared by a registered architect for the purpose of a civil dispute is accurate.
3. Both (A) and (B)
4. Neither (A) nor (B)

Answer: A

Q5. The evidence of contents of the information recorded or stored in a computer may be given through computer output, without production of the original, provided certain conditions are satisfied. The said conditions include that-

1. if the computer was not operating properly during the material part of the period over which it was used to store or process the information for purposes of the relevant activities, it was not such as to affect the electronic record or the accuracy of its content.
2. the information contained in the electronic record is derived from such information fed into the computer in the ordinary course of such activities.
3. Neither (A) and (B)
4. Both (A) and (B)

Answer: D

Q6. In which case oral evidence cannot be given ?

1. 'A' hired lodging of 'B' and gives to 'B' a card on which he wrote "Rooms, 2000 a month". 'A' in a suit wants to prove verbal agreement that the terms included partial board.
2. 'A' hired lodgings of 'B' for a year. A regularly stamped agreement was drawn up by an attorney and signed by both of them.The document is silent on the subject of board. 'A' in a suit wants to prove verbal agreement that the terms included partial board.
3. Both in (A) and in (B)
4. Neither in (A) nor in (B)

Answer: B

Q7. The burden of proving that the case of the accused comes within any of the General Exceptions in the Indian Penal Code is upon the-

1. prosecution
2. court
3. accused
4. investigating police officer

Answer: C

Q8. The facts of which the court must take judicial notice include the-

1. Gazetted Holidays observed by the Government of India
2. Rules of road
3. Neither (A) nor (B)
4. Both (A) and (B)

Answer: D

Q9. Leading questions may be asked in examination-in-chief-

1. with permission of the court as to matters which are introductory
2. if in the opinion of the court the matter involved has been already sufficiently proved
3. Neither (A) nor (B)
4. Both (A) and (B)

Answer: D

Q10. For deciding whether or not a witness shall be compelled to answer questions, that court shall have regard to considerations which include as to whether such questions are-

1. proper if the truth of imputation conveyed there by would seriously affect the opinion of the court as to the credibility of the witness on the subject matter of his deposition.
2. improper if the truth of imputation conveyed thereby would affect in a slight degree the opinion of the court as to credibility of the witness on the subject matter of his deposition
3. Both (A) and (C)
4. None of these

Answer: C