The Evidence Act, 1872 Model Test 14 (English)

Evidence Act Model Test 14 (English)

The Evidence Act, 1872

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Section 92 of Evidence Act applies to

A) both (a) & (b)

B) bilateral documents

C) unilateral documents

D) either (a) or (b).

2 / 50

Section 92 of Evidence Act is applicable to

A) disputes between a party to the instrument and a stranger

B) disputes between two strangers where the document is in question

C) all the above.

D) disputes between the parties to the instrument only

3 / 50

Section 91 of Evidence Act applies to

A) transactions which under the law must be in writing

B) only (a) & not (b).

C) transactions which are reduced into writing voluntarily

D) both (a) & (b)

4 / 50

The possession contemplated under section 110 of Evidence Act is

A) actual physical possession

B) all the above.

C) juridical possession

D) symbolic possession

5 / 50

Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible

A) where the document does not record all the terms of the contract

B) where the document records all the terms of the contract

C) all the above.

D) where the documents is complete in itself

6 / 50

Presumption as to abetment of suicide by a married woman has been provided

A) under section 113A of Evidence Act

B) under section 113B of Evidence Act

C) under section 111A of Evidence Act

D) under section 113 of Evidence Act.

7 / 50

The test of ascertaining on which side the burden of proof lies is contained in

A) section 101 of Evidence Act

B) section 103 of Evidence Act.

C) section 102 of Evidence Act

D) section 100 of Evidence Act

8 / 50

Section 114 of Evidence Act provides for certain

A) presumption of facts

B) rebuttable presumptions of law

C) irrebuttable presumptions of law

D) presumption of facts & law both.

9 / 50

Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is

A) 20 years old

B) 10 years old

C) 15 years old

D) 5 years old.

10 / 50

Section 110 of evidence Act in its operation

A) is limited to moveable property

B) is not limited to immoveable property and applies to moveable property as well

C) is not limited to immoveable property but applies only to certain moveable property.

D) is limited to immoveable property

11 / 50

Section 91 of Evidence Act

A) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum

B) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue

C) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue

D) both (b) & (c).

12 / 50

Any person' in section 106 of Evidence Act refers to

A) a person who is not a party to the suit but interested in the outcome of the suit

B) a stranger to the state

C) a witness / all the above.

D) a party to the suit

13 / 50

Burden of proof is lightened by

A) estoppels

B) presumptions

C) admissions

D) all the above.

14 / 50

The presumption of continuance of life is contained in

A) section 108 of Evidence Act

B) section 109 of Evidence Act.

C) section 106 of Evidence Act

D) section 107 of Evidence Act

15 / 50

The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document

A) is a partial want or failure

B) is a substantial want or failure

C) may be complete or may be partial want or failure.

D) is a complete want or failure

16 / 50

Presumption

A) is an evidence

B) is a proof

C) shows on whom the burden of proof lies

D) all the above.

17 / 50

Section 91 of Evidence Act

A) prohibits admission of oral evidence as to the existence or non-existence of a factum and also the terms of the factum if in existence

B) both (a) & (c).

C) prohibits admission of oral evidence as to the existence or non-existence of a factum

D) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence

18 / 50

Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

A) all the above.

B) where the contract has been written voluntarily & not required by laws to be so written

C) where the law required the contract to be in writing

D) where the contract has been registered under the law of registration of documents

19 / 50

The principle that possession is prima facie proof of ownership is contained in

A) section 110 of Evidence Act

B) section 111 of Evidence Act

C) section 112 of Evidence Act.

D) section 109 of Evidence Act

20 / 50

Oral evidence of a fact invalidating the document is admissible

A) under proviso 4 to section 92 of Evidence Act

B) under proviso 1 to section 92 of Evidence Act

C) under proviso 6 to section 92 of Evidence Act.

D) under proviso 2 to section 92 of Evidence Act

21 / 50

Burden of proof under section 101 of Evidence Act

A) never shifts

B) both (b) & (C) are correct.

C) may shift

D) goes on shifting as the trial proceeds

22 / 50

In criminal trials, it is bound to presume

A) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

B) that the case of the accused falls in proviso to the provision under which he is charged

C) that the case of the accused falls in any of the general or special exceptions

D) both (a) & (b) and not (c)

23 / 50

Section 112 of Evidence Act applies when there is a dispute regarding

A) both (a) & (b)

B) paternity of a child

C) maternity of a child

D) either (a) or (b).

24 / 50

Presumption as to dowry death is contained in

A) section 113B of Evidence Act

B) section 113 of Evidence Act.

C) section 111A of Evidence Act

D) section 113A of Evidence Act

25 / 50

In criminal trials, the onus is on the accused to prove that his case falls in

A) any of the special exception

B) any of the proviso to any provision

C) all the above.

D) any of the general exception

26 / 50

Section 112 of Evidence Act contains

A) an irrebuttable presumption of law

B) a rebuttable presumption of law

C) a mixed presumption of fact & law.

D) a presumption of fact

27 / 50

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of

A) both (a) & (b)

B) ambiguitas patens

C) only (b) & not (a).

D) ambiguitas lateens

28 / 50

Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

A) within 5 years of marriage

B) within 1 year of marriage.

C) within 3 years of marriage

D) within 7 years of marriage

29 / 50

An accomplice is

A) either (a) or (c).

B) a competent witness against an accused

C) cannot be a competent witness against an accused

D) not a competent witness against an accused

30 / 50

Under proviso 2 to section 92 of Evidence Act oral evidence is admissible

A) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document

B) all the above.

C) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

D) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

31 / 50

The deciding factor under section 112 of Evidence Act is

A) the date of birth or the date of conception depending on the facts & circumstances

B) the date of birth of the child

C) only (b) &not (a).

D) the date of conception of the child

32 / 50

Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of

A) varying its terms

B) adding to its terms

C) all the above.

D) contradicting its terms

33 / 50

In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under section 112 of Evidence Act arises

A) if the father is not alive on the day the child is born

B) if the father is alive on the day the child is born

C) none of the above.

D) irrespective of whether the father is alive or dead on the day the child is born

34 / 50

Burden of proof

A) only (c) & not (a) or (b).

B) partially determines the right to begin

C) substantially determines the right to begin

D) wholly determines the right to begin

35 / 50

Burden of introducing evidence under section 102 of Evidence Act

A) only (a) and not (b) or (c).

B) constantly shifts

C) occasionally shifts

D) never shifts

36 / 50

Burden of proof means

A) both (a) & (b)

B) only (b) & not (a).

C) the burden of proof as to introduction of evidence

D) the burden of proof as a matter of law & pleadings is burden of establishing a case

37 / 50

Section 112 of Evidence Act provides for

A) presumption of marriage

B) presumption of legitimacy.

C) presumption of death

D) presumption of life

38 / 50

Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

A) only (b) not (a).

B) unilateral Mistake

C) mutual mistake

D) both (a) & (b)

39 / 50

Section 91 of Evidence Act applies to documents which are

A) all the above.

B) bilateral

C) unilateral

D) tripartite

40 / 50

Section 105 of Evidence Act applies to

A) civil trials

B) criminal trials

C) neither (a) nor (b).

D) both (a) & (b)

41 / 50

Presumption under section 112 of Evidence Act is raised

A) in only (a) & not (b).

B) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

C) in both (a) & (b)

D) when a child is born during the continuance of a valid marriage

42 / 50

Section 106 of Evidence Act is applicable

A) both (a) & (b)

B) to such matters of defence which are supposed to be especially within the knowledge of the defendant

C) neither (a) nor (b).

D) to such matters which are capable of being known to the persons other than the defendant

43 / 50

In criminal trials, the accused has to establish his plea mitigation or justification of an offence

A) prima facie

B) beyond reasonable doubt

C) substantially

D) either (a) or (c).

44 / 50

For presumption under section 107 of Evidence Act, the person is to be shown to be alive

A) within 30 years.

B) within 7 years

C) within 3 years

D) within 12 years

45 / 50

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of

A) 7 years

B) 30 years.

C) 12 years

D) 3 years

46 / 50

The presumption under section 109 of Evidence Act as to certain human relationship

A) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

B) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

C) either (b) or (c).

D) is obligatory and arises irrespective of the lapse of time

47 / 50

In criminal proceedings, the burden of proof is

A) either (a) or (b).

B) on the accused to prove his innocence

C) on the prosecution to prove the guilt of the accused

D) on both the parties

48 / 50

Which of the following is true as to the standard of proof in criminal & civil proceedings

A) in criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings

B) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is 'upon the balance of probabilities'

C) in criminal proceedings it is 'upon the balance of probabilities' while in civil 'beyond reasonable doubt'.

D) in criminal & civil proceedings both it is upon the balance of probabilities'

49 / 50

Section 108 of Evidence Act relates to

A) presumption of relationship.

B) presumption of death

C) presumption of life

D) presumption of legitimacy

50 / 50

Section 88A of Evidence Act provides for

A) presumption as to the person by whom the message is sent

B) presumption as to the electronic message forwarded corresponds with the message as fed in the computer

C) only (b) but not (a).

D) both (a) & (b)

The average score is 0%

0%

The Evidence Act, 1872

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