Multiple Choice Questions (MCQ’s) on Indian Evidence Act, 1872

  1. Multiple Choice Questions (MCQ’s) on Indian Evidence Act, 18721. Law of evidence is:

    a. Lex loci
    b. Lex situs
    c. Lex Fori
    d. Lex Tallienis

    2. The Indian Evidence Act 1872, is not applicable to:

    a. Affidavits presented in court.
    b. Proceedings before an Arbitrator
    c. Judicial Proceedings before a Court
    d. Both (a) and (b)

    3. Proceedings relating to proof and admissibility of electronic documents have been incorporated in the Evidence Act by the:

    a. Evidence (Amendment) Act, 1989
    b. CrPC (Amendment) Act, 1973
    c. Information Technology Act, 2000
    d. Right to Information Act, 2005

    4. The Indian Evidence Act, 1872 has:

    a. Prospective effect.
    b. Retrospective effect
    c. Is a substantive law
    d. Affects fundamental rights of a person.

    5. Fact is issue means the fact, existence of which is:

    a. Admitted by the parties
    b. Disputed by the parties
    c. Agreed to by the parties
    d. None of the above.

    6. Evidence means and includes:

    a. Only oral evidence
    b. Only documentary evidence
    c. Both oral evidence and documentary evidence
    d. Only such oral evidence that is based on documents.

    7. Judge’s personal knowledge or observation cannot be treated as evidence. This statement is:
    a. Correct
    b. Incorrect
    c. Partly correct and partly incorrect.
    d. None of these.

    8. Indian Evidence Act, 1872 was drafted by:

    a. Lord Thomas Macaulay
    b. J.M. Macleod
    c. Sir James Stephen
    d. None of the above

    9. Under Indian Evidence Act, 1872, which of the following is not a “Document”?

    a. A map
    b. A writing
    c. A photograph
    d. A telephonic conversation

    10. The plea of alibi is established by:

    a. Prosecution
    b. Accused
    c. Either by Prosecution or by accused
    d. None of the above.

    11. In a matter before the court, which of the following is NOT an evidence in the case:

    a. Confession of a co-accused
    b. Entries in book of accounts regularly kept in the course of business.
    c. Statement of the accused made u/s 313 of CrPC
    d. Expert Testimony.

    12. Section 7 of Evidence Act does not include which of the following:

    a. Occasion
    b. Cause
    c. Purpose
    d. Effect

    13. Section 8 of Indian Evidence Act deals with?

    a. Conduct
    b. Motive
    c. Preparation
    d. All of the above

    14. Identification parade may be conducted by:

    a. Magistrate
    b. Any citizen
    c. Police Officer
    d. All of the above

    15. Admission is a statement which can be:

    a. Oral, written and spoken
    b. Oral and documentary
    c. Oral, documentary or contained in electronic form
    d. None of the above.

    16. S. 27 of Indian Evidence Act is based on:

    a. Doctrine of Proportionality
    b. Doctrine of Agency
    c. Doctrine of Eclipse
    d. Doctrine of confirmation by subsequent events.

    17. A dying declaration is admissible:

    a. Only in civil proceedings
    b. Only in criminal proceedings
    c. Neither in criminal proceedings nor in civil proceedings.
    d. In civil as well as criminal proceedings both.

    18. To be admissible, dying declaration must be:

    a. Must be made before Magistrate
    b. Must be made before police officer.
    c. Must be made before a doctor or a private person.
    d. May be made either before a magistrate or a police officer or a doctor or a private person.

    19. To be admissible, dying declaration must be:

    a. Relating to the cause of death.
    b. The person making the statement must be competent.
    c. The person making the statement must make such statement under the expectation of death.
    d. The statement must be complete.

    20. Facts judicially noticeable:

    a. Need to be proved.
    b. May be proved.
    c. Need not be proved
    d. None of the above.

    21. S. 58 of Indian Evidence Act deals with:

    a. Formal admissions.
    b. Evidentiary admissions
    c. Formal as well as evidentiary admissions
    d. Proof of facts by oral evidence.

    22. S. 115 of the Indian Evidence Act deals with:

    a. Presumption as to the commission of a crime
    b. Presumption as to dowry death.
    c. Doctrine of Estoppel.
    d. Presumption as to Abetment of Suicide by a married woman.

    23. Presumption regarding dowry death is contained in which provision of Indian Evidence Act:

    a. U/s 113 (a)
    b. U/s 113 (b)
    c. U/s 114(a)
    d. U/s 114 (b)

    24. Presumption regarding abetment of suicide by a married woman is provided in:

    a. U/s 113 (a)
    b. U/s 113 (b)
    c. U/s 114(a)
    d. U/s 114 (b)

    25. Burden of proof is lightened by:

    a. Presumptions
    b. Admissions
    c. Estoppels
    d. All of the above.

    Answer Key

    1. Lex Fori
    2. Proceedings before an Arbitrator
    3. Information Technology Act, 2000
    4. Retrospective effect.
    5. Disputed by the parties.
    6. Both oral evidence and documentary evidence
    7. Correct
    8. Sir James Stephen
    9. A telephonic conversation.
    10. Accused
    11. Statement of the accused made u/s 313 of CrPC
    12. Purpose
    13. All of the above
    14. All of the above
    15. Oral, documentary or contained in electronic form
    16. Doctrine of confirmation by subsequent events.
    17. In civil as well as criminal proceedings both.
    18. May be made either before a magistrate or a police officer or a doctor or a private person.
    19. The person making the statement must make such statement under the expectation of death.
    20. Need not be proved
    21. Formal as well as evidentiary admissions
    22. Doctrine of Estoppel.
    23. U/s 113 (b)
    24. U/s 113 (a)
    25. All of the above.

Multiple Choice Questions (MCQ’s) on Code of Civil Procedure and Limitation Act

1. Plea of Res-Judicata:

a. Need not be specifically raised
b. Has to be specifically raised.
c. Is for the court to see of its own.
d. Neither (a) or (b) but only (c)

2. In a suit where doctrine of Res-Judicata applies, the suit is liable to be:

a. May be stayed & may be dismissed.
b. Stayed
c. Dismissed
d. Both (b) and (c)

3. No decree to be set aside without notice to opposite party under which of the __________ in the Code of Civil Procedure?

a. Order 6, Rule 10
b. Order 9, Rule 14
c. Order 5, Rule 30
d. Order 4, Rule 13

4. Which of the following section deals with “matters for which rules may provide” in the Code of Civil Procedure?

a. Section 103
b. Section 129
c. Section 128
d. Section 122

5. Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

a. Order 11, Rule 17
b. Order 6, Rule 10
c. Order 16, Rule 12
d. Order 4, Rule 13

6. Section ____ provides for enforcement of a decree against legal representative:

a. Section 51
b. Section 52
c. Section 50
d. Section 56

7. Section ____ provides for property liable to attachment and sale in execution of decree:

a. Section 62
b. Section 63
c. Section 65
d. Section 60

8. Section ___ deals with the transfer of decree in Code of Civil Procedure:

a. Section 33
b. Section 39
c. Section 43
d. Section 47

9. _______ deals with Statement and Production of Evidence in the Code of Civil Procedure:

a. Order 12, Rule 9
b. Order 14, Rule 4
c. Order 10, Rule 6
d. Order 18, Rule 2

10. Doctrine of Res Sub Judice is provided under Section ____:

a. Section 9
b. Section 10
c. Section 11
d. Section 12

11. Which of the following court has Original as well as Appellate Jurisdiction?

a. Revenue Court
b. Munsiff’s Court
c. District Court
d. None of the above.

12. In every plaint, U/s 26 of CPC, facts should be proved by:

a. Oral Evidence
b. Written Evidence
c. Documentary Evidence
d. Affidavit

13. Which of the following sections of the code is intended to prevent two parallel proceedings in respect of the same cause of action:

a. Section 9
b. Section 10
c. Section 11
d. Section 13

14. The word ‘rights’ in the definition of decree as given and defined in Section 2(2) of the code refers to:

a. Procedural rights
b. Substantive rights
c. Both (a) and (b)
d. None of the above.

15. Under CPC, suits w.r.t. immoveable property, where entire relief sought can be obtained through personal obedience of the defendant can be instituted in a court within whose local jurisdiction:

a. The property is situated
b. The defendant voluntarily resides or carries on business
c. The defendant voluntarily resides or personally works for gains
d. All of the above.

16. Original documents to be produced at or before settlement of issues under which of the following in the Code of Civil Procedure?

a. Order 4, Rule 13
b. Order 6, Rule 9
c. Order 9, Rule 17
d. Order 13, Rule 1

17. In CPC, the term “decree” is defined in Section_____:

a. 2(a)
b. 2(b)
c. 2(2)
d. 2(1)

18. The term res Judicata means:

a. A matter already adjudicated/decided
b. Stay on proceedings
c. Bar on proceedings
d. Further proceedings.

19. Section ____ deals with power of Supreme Court to transfer suits, etc in the Code of Civil Procedure:

a. Section 18
b. Section 22
c. Section 25
d. Section 33

20. Principles of Res Judicata applies to:

a. Suits only
b. Arbitration proceedings
c. Execution proceedings
d. To suits as well as execution proceedings.

21. Section ___ deals with institution of suit in respect of immoveable property, situated within the jurisdiction of different courts:

a. Section 15
b. Section 17
c. Section 19
d. Section 21

22. The Limitation Act contains:

a. 32 sections
b. 137 articles
c. Both (a) and (b)
d. None of the above.

23. The provisions relating to abatement do not apply to:

a. Appeals
b. Execution Proceedings
c. Both (a) and (b)
d. None of the above.

24. Where a person challenges a Decree, he shall challenge the same by filing a:

a. Application
b. Appeal
c. Notice of Motion
d. Chamber Summons

25. A decree may be executed by ____:

a. Court which passed it
b. Court to which it is sent for execution.
c. Both (a) and (b)
d. None of the above.

Answer Key:

1. Has to be specifically raised.
2. Dismissed.
3. Order 9, Rule 14
4. Section 122
5. Order 11, Rule 17
6. Section 52
7. Section 60
8. Section 39
9. Order 18, Rule 2
10. Section 10
11. District Court.
12. Affidavit.
13. Section 10
14. Substantive rights.
15. All of the above.
16. Order 13, Rule 1
17. 2 (2)
18. A matter already adjudicated/decided
19. Section 25
20. To suits as well as execution proceedings
21. Section 17
22. Both (a) and (b)
23. Execution Proceedings.
24. Appeal
25. Both (a) and (b)

Multiple Choice Questions (MCQ’s) on Interpretation of Statutes

Principles of Interpretation:

1) Where in an enactment, there are two provisions which cannot be reconciled with each other; they should be so interpreted that, if possible effect may be given to both. This is known as the_____________

a. Rule of harmonious construction
b. Rule of ejusdem generis
c. Rule of reasonable construction
d. None of the above

2) According to _ rule of interpretation meaning of word should be known from its accompanying or associated words?

a. Golden Rule
b. Noscitur a Sociis
c. Primary Rule
d. Mischief Rule

3) _____ means that contemporaneous exposition is the best and strongest in law:

a. Noscitur a Sociss
b. Ejusdem Generis
c. Contemporanea Expositio Est Optima Et Fortissima In Lege
d. None of the above.

4) Which of the following are acceptable External aids/materials that can be used in interpreting legislation?

a. Dictionaries
b. Notes on clauses/bills
c. Parliamentary committee reports
d. All of the above.

5) Generally, ____ are given strict interpretations:

a. Welfare Laws
b. Criminal Laws
c. Labour Laws
d. None of the above

6) If there is a discrepancy between the schedule and a specific provision within the enactment, the _____ shall prevail:

a. Provisions
b. Schedule
c. Both will be applicable as per the situation
d. None of the above.

7) Mischief rule is:

a. In interpretating statutes, judges should interpret the words literally
b. There must be no mischief in courts.
c. In interpreting statutes, judges should look at the ‘mischief’ which the act was passed to prevent.
d. In interpreting statutes, judges should interpret the words as they see fit.

8) Which of these is a disadvantage of Delegated Legislation:

a. It can be flexible
b. It can be made by reference to specific knowledge.
c. It is quick to produce.
d. It raises issues of accountability.

9) What is Delegated Legislation?

a. An act of the Parliament.
b. Law made by a person or body to whom the Parliament has delegated power.
c. Law made by a delegation.
d. A decision of the courts.

10) What is the rule in Pepper v Hart?

a. Judges cannot refer to any external aid when interpreting Statutes.
b. Judges can refer to Hansard when interpreting Statutes.
c. Judges can refer to other judges when interpreting Statutes.
d. Judges can refer to Newspapers when interpreting Statutes.

11) What is meant by Purposive Approach?

a. The Judge must interpret the Statute in the light of purpose of its enactment.
b. The Judge must interpret the Statute on Purpose.
c. The Judge must interpret the Statute in the purpose of deciding the case before him or her.
d. The Judge must interpret the Statute with a purposeful manner.

12) What is the Doctrine of Stare Decisis?

a. The doctrine of Statutory Interpretation.
b. The doctrine of Royal Pardon.
c. The doctrine of Parliamentary Sovereignty.
d. The doctrine of Precedent.

13) Internal aid in Interpretation of Statutes include:

a. Preamble
b. Title
c. Marginal Notes
d. All of the above.

14) A Statute has been defined as the:

a. Will of the Legislature
b. Will of the King
c. Will of the Society
d. Will of the Magistrate.

15) Which of the following is an internal aid in the Interpretation of Statute?

a. Interpretation Clause
b. Marginal Notes
c. Long Title
d. All of the above.

16) While Interpretation, a Statute should not be given a meaning that make other provisions:

a. Dormant
b. In-effective
c. Redundant
d. None of the above.

17) According to which rule of interpretation, old statutes should be interpreted as they would have been at the date they were passed.

a. Expression Unis est exclusion alterius
b. Contemporanea Expositio Est Optima Et Fortissima In Lege
c. Noscitur a Sociis
d. Ut res magis valet Quam Pareat

18) Rule of Ejusdem Generis is applicable when?

a. General words follow specific word
b. Specific word follows general words
c. Either (a) or (b)
d. Both (a) or (b)

19) Heydon’s case deals with the?

a. Golden Rule
b. Noscitur a Sociis
c. Mischief Rule
d. Rule of reasonable construction.

20) _____ contains the main object of the act.

a. Long Title
b. Short Title
c. Preamble
d. None of the above.

21) In Interpretation of Statutes, ______ plays an important role:

a. Heading
b. Schedule
c. Preamble
d. All of the above

22) Case law is:

a. Law passed by parliament.
b. Law representing the decision of the courts.
c. Delegated legislation
d. Case law is not really a law at all.

23) What is legislation?

a. Law made by Parliament.
b. Law made by Law commission
c. Law made by Custom
d. Law made by Judges.

24) Which rule of Interpretation means express mention of one thing is the exclusion of other?

a. Ejusdem Generis
b. Rule of Harmonious Construction.
c. Expression Unis est exclusion alterius
d. Primary rule.

25) Which of the following is an internal aid to the interpretation of Statutes:

a. Reference to reports of committee.
b. Statement of objects and reasons.
c. Preamble
d. Dictionaries

26) A Statute has been defined as:

a. Will of the king
b. Will of the legislature
c. Will of the magistrate
d. Will of the society.

27) Which of the following is an external aid to interpretation?

a. Illustrations.
b. Title
c. Dictionary
d. Proviso Clause.

28) Which of the following is an external aid for interpretation of Statutes?

a. Use of Foreign decisions
b. Historical Background
c. Parliamentary history
d. All of the above.

29) Which of the following is issued to remove special cases from General enactment and provide for them specifically?

a. Exception Clause
b. Saving Clause
c. Proviso
d. Non Obstante clause.

30) What Statute is used in aid of Interpretation of Statutes?

a. Interpretation of Statutes Act, 1897
b. Law of Legislation, 1897
c. General Clauses Act, 1897
d. All of the above.

31) Under which Section of General Clauses Act is effect of repeal stated?

a. Section 5
b. Section 6
c. Section 7
d. Section 8

32) When a statute does not profess to make changes in an existing law, and merely declare or explain what the law is, then such law is known as:

a. Codifying Statute
b. Declaratory Statute
c. Consolidating Statute
d. Remedial Statute

33) According to what rule, the words of the statute are to be given their plain and ordinary meaning:

a. Golden Rule
b. Natural Rule
c. Literal Rule
d. Mischief Rule

34) Ut Res Magis Valeat Quam Pareatis is also known as:

a. Rule of Reasonable construction
b. Rule of Harmonious construction
c. Rule of Ejusdem generis
d. All of the above.

35) The doctrine of Precedent is also known as?

a. Doctrine of Parliamentary Sovereignty
b. Doctrine of Statutory Interpretation
c. Doctrine of Stare Decisis
d. Doctrine of Royal Pardon

36) Which of the following is NOT a General rule of Interpretation?

a. A Statute must be read as a whole
b. Same word to have same meaning
c. Technical words to have ordinary meaning
d. A construction so as to avoid absurdity is permissible.

37) While applying the literal rule of interpretation, the following should be taken into consideration?

a. Language
b. Theme
c. Applicability
d. Context

38) Which rule of statutory interpretation should judges apply first?

a. Purposive approach
b. Golden rule
c. Literal Rule
d. Mischief rule

39) Doctrine of Separation of Powers was systematically formulated by:

a. Montesquieu
b. Dicey
c. Aristotle
d. Plato

40) Object of the Act is contained in:

a. Long Title
b. Short Title
c. Preamble
d. None of these

41) Statutes which are in existence for a specified fixed period is known as:

a. Permanent Statute
b. Perpetual Statute
c. Temporary Statute
d. Remedial Statute

42) The Union Legislature is empowered to:

a. To amend the basic structure of the constitution
b. Not to amend the basic structure of the constitution
c. To abrogate the basic structure of the constitution.
d. None of the above.

43) Rule of law means:

a. Supremacy of law
b. Supremacy of Judiciary
c. Supremacy of Parliament
d. Equality before Law

44) The concept of Judicial review has been borrowed from the Constitution of?

a. UK
b. USA
c. USSR
d. Switzerland.

45) Which legal maxim means “to stand by things decided”?

a. Ratio Decidendi
b. Obiter Dicta
c. Stare Decisis
d. In Bonem Partem

46) Delegatus Non potest delegare means?

a. Debtor follows the person of a debtor
b. An action does not arise from a bare promise
c. The law does not concern itself with trifles.
d. A delegated power cannot be delegated further.

47) The statutes that deal with taxation are termed as:

a. Penal Statute
b. Fiscal Statute
c. Civil Statute
d. Personal Statute

48) The procedure for amending the Constitution is provided in:

a. Article 368
b. Article 369
c. Article 371
d. Article 372

49) When there is a conflict between two or more statutes or two parts of the same statute, then the rule is:

a. Strict Construction
b. Beneficial construction
c. Harmonious construction
d. Purposive construction

50) Generelia specialibus non derogant means?

a. General things to not derogate from special things
b. The king can do no wrong
c. An accessory follows the principal
d. None of the above

 

Answer Key:

1) Rule of Harmonious Construction
2) Noscitur a Sociis
3) Contemporanea Expositio Est Optima Et Fortissima In Lege
4) All of the above.
5) Criminal Laws
6) Provisions
7) In interpreting statutes, judges should look at the ‘mischief’ which the act was passed to prevent.
8) It raises issues of accountability.
9) Law made by a person or body to whom the Parliament has delegated power.
10) Judges can refer to Hansard when interpreting Statutes.
11) The Judge must interpret the Statute in the light of purpose of its enactment.
12) The doctrine of Precedent.
13) All of the above
14) Will of the Legislature
15) All of the above.
16) Redundant
17) Contemporanea Expositio Est Optima Et Fortissima In Lege
18) General words follow specific word
19) Mischief Rule
20) Preamble
21) All of the above
22) Law representing the decision of the courts
23) Law made by Parliament.
24) Expression Unis est exclusion alterius
25) Preamble
26) Will of the legislature.
27) Dictionary
28) All of the above
29) Proviso
30) General Clauses Act, 1897
31) Section 6
32) Declaratory Statute
33) Literal Rule
34) Rule of Reasonable Construction.
35) Doctrine of Stare Decisis.
36) Technical words to have ordinary meaning
37) Context.
38) Literal rule.
39) Montesquieu
40) Preamble
41) Temporary Statute
42) Not to amend the basic structure of the constitution
43) Supremacy of Law.
44) USA
45) Stare Decisis.
46) A delegated power cannot be delegated further.
47) Fiscal Statute
48) Article 368
49) Harmonious construction
50) General things to not derogate from special things

 

 

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