MCQ 15 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (15 December 2023)



Question/ Answer
Question1:- Allegans contraria non est audiendus is the maxim related to-
  • (a) Dying declaration
  • (b) Estoppel
  • (c) Confession
  • (d) Opinions of experts
Answer is B is correct. the above mentioned maxim means that a person adducing to the contrary is not to be heard. It is related to the concept of estoppel. Therefore option (b) is the correct answer.
Question2:- Which of the following is correct-?
  • (a) An aged person who cannot understand the consequences of his act is competent to testify.
  • (b) A person who has been certified as suffering from permanent insanity shall be competent to testify.
  • (c) A lunatic can never be competent to testify.
  • (d) A lunatic may be competent to testify if he is capable of understanding the questions put to him and giving rational answers to them.
Answer is D is correct. As per section 118 a lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Therefore option (d) is the correct answer.
Question3:- What conditions are required to be proved in order to let the court presume the documents under Section 90 of Indian Evidence Act
  • (a) Document to be free from suspicion
  • (b) It must be produced in court from any person though if improperly secured
  • (c) Both (a) and (b)
  • (d) Only B as document to be in writing and in existence for 30 years or more
Answer is A is correct. Valid condition for application of Section 90 of the Act is that the document must be in existence for 30 years or more, to be free from suspicion and must be produced from proper custody. Therefore only (a) is the correct answer.
Question4:- Mark the correct statement
  • (a) Presumption raised under Section 79 is wider than presumption under Section 80 of the Indian Evidence Act.
  • (b) Presumption raised under Section 79 is not wider than presumption under Section 80 of the Indian Evidence Act.
  • (c) Presumption raised under Section 79 is parallel to presumption under Section 80 of the Indian Evidence Act.
  • (d) Presumption raised under Section 79 is complimentary to presumption under Section 80 of the Indian Evidence Act.
Answer is B is correct. Presumption raised under Section 79 is not wider than presumption under Section 80 of the Indian Evidence Act as under Section 79 the only presumption to be raised is that the certified document is genuine or not whereas under Section 80 the presumption is that the statement or the confession were duly taken or not. Therefore option (b) is the correct answer.
Question5:- Presumption as to telegraphic messages under Section 88 of Indian Evidence Act, the court
  • (a) May presume that the message forwarded from the telegraph office to the addressee corresponds with a message delivered for transmission and also as to the person by whom such message was delivered.
  • (b) Shall presume that the message forwarded from the telegraph office to the addressee corresponds with a message delivered for transmission and also as to the person by whom such message was delivered.
  • (c) May presume that the message forwarded from the telegraph office to the addressee corresponds with a message delivered for transmission but not as to the person by whom such message was delivered.
  • (d) Shall presume that the message forwarded from the telegraph office to the addressee corresponds with a message delivered for transmission and also as to the person by whom such message was delivered.
Answer is C is correct. Presumption as to telegraphic messages under Section 88 of Indian Evidence Act, the court may presume that the message forwarded from the telegraph office to the addressee corresponds with a message delivered for transmission but not as to the person by whom such message was delivered. Therefore option (c) is the correct answer.
Question6:- ‘A’ contracts, in writing, with ‘B’, for the delivery of indigo upon certain terms. The contract mentions the fact that ‘B’ had paid ‘A’ the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo.
  • (a) The evidence is admissible under Section 91 of Indian Evidence Act
  • (b) The evidence is inadmissible under Section 91 of Indian Evidence Act
  • (c) The evidence only in writing is admissible oral evidence is inadmissible under Section 92 of Indian Evidence Act
  • (d) The admissibility of the evidence depends on the discretion of the court under Section 92 of Indian Evidence Act
Answer is A is correct. As per Section 91 in the given facts, evidence is admissible. It states “when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.” Therefore option (a) is the correct answer.
Question7:- A appears before a court as a witness, he says that he is a civil surgeon
  • (a) He has to produce the appointment order in order to establish his proof as per Section 92 of Indian Evidence Act
  • (b) He does not have to produce the appointment order in order to establish his proof as per Section 91 of Indian Evidence Act
  • (c) It is the discretion of the court whether ‘A’ has to produce the appointment letter for establishing his prove or not
  • (d) Civil surgeons are exempted from producing any evidence on their behalf
Answer is B is correct. As per Exception 1 of Section 91 of the act, when a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Therefore option (b) is the correct answer.