MCQ 18 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (18 November 2023)



Question/ Answer
Question1:-The Supreme Court recently held that “incriminatory objects, when discovered in places accessible to the public, cannot be solely relied upon to establish the guilt of the accused persons. It is pertinent to note that for admissibility under section 27 of the Evidence Act, the fact discovered must be a direct consequence of information received from a person in custody”
  • 1. Pulukuri Kotayya vs. King Emperor
  • 2. Manjunath vs. State of Karnataka
  • 3. Md. Naushad vs. The State
  • 4. Biswajit Das vs. The State of Tripura
Answer is 2 is correct. Supreme Court in Manjunath vs. State of Karnataka 2023 while hearing an appeal against a judgment of the Karnataka High Court which reversed the acquittal granted by the trial court and convicted the 6 appellants for offenses under Section 304 Part II IPC discussed the conditions for applicability of Section 27 of the Indian Evidence Act. Therefore option (2) is the correct answer.
Question2:-Sovereignty under Constitution belong to
  • 1. the president
  • 2. the parliament
  • 3. the people
  • 4. the executants, judiciary and legislature
Answer is 3 is correct. As people are independent to decide their representative and hence sovereign in nature. Therefore option (3) is the correct answer.
Question3:-‘Equality before law’ & Equal protection of law Article 14 available to whom
  • 1. Citizens
  • 2. Non-Citizens
  • 3. Both (a) and (b)
  • 4. None of these
Answer is 3 is correct. Article 14 states “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Therefore option (3) is the correct answer.
Question4:- According to the Evidence Act, a fact is said to be “not proved”, when the
  • 1. court believes that the fact does not exist
  • 2. fact is vague
  • 3. fact is neither proved nor disproved
  • 4. All of these
Answer is 3 is correct. A fact is said to be not proved when it is neither proved nor disproved as per section 3 of the Act. A fact is said to be proved when court believes in its existence or considers its existence so probable that a prudent man under the similar circumstances ought to believe. A fact is said to be disproved when court does not believe in its existence. Therefore option (3) is the correct answer.
Question5:-If a confession is otherwise relevant, in which situation it will become irrelevant?
  • 1. When it was made under a promise of secrecy
  • 2. When the person making confession was drunk
  • 3. When it was made in answer to questions which he need not have answered
  • 4. None of the above
Answer is 4 is correct. Section 29 of the Act makes all such confessions relevant. Therefore option (4) is the correct answer.
Question6:-According to Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is said to be
  • 1. Contract Impossible to Perform
  • 2. Illegal Contract
  • 3. Unlawful Contract
  • 4. Void.
Answer is 4 is correct. An agreement not enforceable by law is said to be void as per section 2(g) of the Act. Void agreements are dealt from section 24-30 of the act. Therefore option (4) is the correct answer.
Question7:-Arbitration agreement under Section 7 of the Arbitration Act is admitted in law and can be produced as an evidence before the court if?
  • 1. stamped
  • 2. unstamped
  • 3. unstamped but registered
  • 4. either stamped or unstamped
Answer is 1 is correct. In N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. (2023) court stated "an unstamped or insufficiently stamped arbitration agreement is not enforceable in law within the meaning of Section 2(h) of the Indian Contract Act, 1872." The Supreme Court also observed that Section 35 of the Stamp Act explicitly prohibits the admission of unstamped or inadequately stamped instruments as evidence for any purpose. Therefore option (1) is the correct answer.

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