MCQ 20 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (20 December 2023)



Question/ Answer
Question1:- Falsus in uno, falsus in omnibus is a
  • (a) Rule of evidence and is applicable in India
  • (b) Rule of caution and is applicable in India
  • (c) Rule of evidence and is not applicable in India
  • (d) Rule of caution and is not applicable in India
Answer is D is correct. Falsus in uno, falsus in omnibus is a Rule of caution is not applicable in India, it eas held in Selva Raja case and in Ranjit Singh v. State of M.P. Therefore option (d) is the correct answer.
Question2:- Identification by photo of any accused person is
  • (a) Admissible
  • (b) Inadmissible
  • (c) It depends on the discretion of the court
  • (d) There is no legal provision on this point
Answer is A is correct. Court in Umar Abdul Sarothia v. Intelligence Officer M.C. Bureau held that there is no legal provision that identification by photo is not admissible hence admissible. Therefore option (a) is the correct answer.
Question3:- Section 90 of Indian Evidence Act applies to
  • (a) Only testamentary documents
  • (b) Only non-testamentary documents
  • (c) Both to testamentary and non-testamentary documents
  • (d) None of the above
Answer is C is correct. Section 90 of the Act which deals with presumption as to documents thirty years old applied to both testamentary and non-testamentary documents. Therefore option (c) is the correct answer.
Question4:- Which principle is dealt under Section 92 of Indian Evidence Act
  • (a) Principle of conclusivity
  • (b) Res judicata principle
  • (c) Mistake of fact principle
  • (d) Hearsay principle
Answer is A is correct. Section 92 lays down ‘when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms’ hence principle of conclusivity is applied. Therefore option (a) is the correct answer.
Question5:- A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price
  • (a) A may show that the goods were supplied on credit for a term still unexpired
  • (b) A may not show that the goods were supplied on credit for a term still unexpired
  • (c) A shall show that the goods were supplied on credit for a term still unexpired
  • (d) A shall not show that the goods were supplied on credit for a term still unexpired
Answer is A is correct. As per proviso 2 of Section 92 which states that the existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In the given facts, letter was silent about the payment hence A may show that the goods were supplied on credit. Therefore option (a) is the correct answer.
Question6:- Mark the correct statement
  • (a) DNA test prevails over presumption of conclusive proof under Section 112 of Indian Evidence Act
  • (b) DNA test does not prevails over presumption of conclusive proof under Section 112 of Indian Evidence Act
  • (c) DNA test is in complimentary to presumption of conclusive proof under Section 112 of Indian Evidence Act
  • (d) DNA test prevails over presumption of conclusive proof under Section 113 of Indian Evidence Act
Answer is A is correct. In Nandlal Wasudev Badwaik v. Lata Nandlal Badwaik, court held DNA test prevails over presumption of conclusive proof under Section 112 of Indian Evidence Act. Therefore option (a) is the correct answer.
Question7:- To raise a presumption under Section 112 of Indian Evidence Act, within how many days person is required to be born
  • (a) 240 days within the continuance of marriage
  • (b) 260 days either before or after the dissolution of marriage, mother remained unmarried
  • (c) 270 days only after the dissolution of marriage and not otherwise
  • (d) 280 days after the dissolution of marriage, mother remained unmarried
Answer is D is correct. As per Section 112 of the Act, any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown otherwise. Therefore option (d) is the correct answer.

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