Law of Evidence Questions and Answers Part-10

1. When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible
a) under section 51 of Evidence Act
b) under section 50 of Evidence Act
c) under section 52 of Evidence Act
d) under section 49 of Evidence Act

Answer: b

2.The relationship in section 50 of Evidence Act means
a) relationship by blood only
b) relationship by blood or marriage
c) relationship by blood or marriage or adoption
d) only (a) and not (b) & (c).

Answer: c

3.Opinion as to relationship of marriage under section 50 of CPC
a) is admissible in cases of offences against marriage
b) is admissible in proceedings under Indian Divorce Act
c) is admissible both in (a) & (b)
d) is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act

Answer: d

4. Propositions under Evidence Act are
I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue.
II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given.
In relation to the above propositions which of the following is correct statement
a) all the four (I, II, III & IV) are correct
b) I, II & III are correct but IV is incorrect
c) I & II are correct but III & IV are incorrect
d) I & III are correct but II & IV are incorrect

Answer: a

5.Facts of which the judicial notice is to be taken are stated in
a) section 56 of Evidence Act
b)section 57 of Evidence Act
c) section 58 of Evidence Act
d) section 55 of Evidence Act

Answer: b

6. List of facts of which the judicial notice has to be taken under section 57 of Evidence Act
a) is exhaustive
b) is illustrative only
c) is both (a) & (b)
d) is neither (a) nor (b).

Answer: b

7. Facts which need not be proved by the parties include
a) facts of which judicial notice has to be taken
b) facts which have been admitted by the parties at or before the hearing
c) both (a) & (b)
d) neither (a) nor (b).

Answer: c

8. The court may in its discretion call for proving the facts
a) of which judicial notice has to be taken
b) which have been admitted otherwise than such admissions
c) both (a) & (b)
d) neither (a) nor (b).

Answer: b

9. Oral evidence under section 60 of Evidence Act may be
a) direct only
b) hearsay
c) both (a) & (b)
d) either (a) or (b).

Answer: a

10. Contents of a document under section 59 of Evidence Act
a) can be proved by oral evidence
b) can not be proved by oral evidence
c) may or may not be proved by oral evidence
d) can only be proved by oral evidence under the order of the court

Answer: b