Law of Evidence Questions and Answers Part-13

1. Due execution of a document more than thirty years old coming from proper custody, is a
a) presumption of fact
b) rebuttable presumption of law
c) irrebuttable presumption-of law
d) presumption of fact & law both

Answer: a

2. The presumption under section 90 of Evidence Act can be drawn in respect of
a) original documents
b) certified copies
c) uncertified copies
d) all the above.

Answer: a

3. Period of thirty years under section 90 of Evidence Act is to be reckoned from
a) the date on which the document is relied upon
b)the date on which the document is filed in the court
c) the date on which the document is ten-dered in evidence, when its genuineness becomes a subject of proofe
d) all the above.

Answer: c

4.Section 90 of Evidence Act applies to
a) non-testamentary documents
b) testamentary documents
c) both testamentary and non-testamentary documents
d) none of the above

Answer: c

5. In cases of Wills, the period of thirty years shall run
a) from the date of the will
b) from the date of the death of the testator
c) from the date of registration of the Will, if registered
d) either (a) or (b).

Answer: a

6. Presumption as to the genuineness of gazettes in electronic form has been dealt with under
a) section 81 of Evidence Act
b) section 88 of Evidence Act
c) section 90 of Evidence Act
d) section 73 of Evidence Act

Answer: a

7.Section 88A of Evidence Act provides for
a) presumption as to the electronic message forwarded corresponds with the message as fed in the computer
b) presumption as to the person by whom the message is sent
c) both (a) & (b)
d) only (b) but not (a).

Answer: a

8. Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is
a) 20 years old
b) 15 years old
c) 10 years old
d) 5 years old

Answer: d

9. Section 91 of Evidence Act applies to
a) transactions which under the law must be in writing
b) transactions which are reduced into writing voluntarily
c) both (a) & (b)
d) oonly (a) 8: not (b).

Answer: c

10.Section 91 of Evidence Act
a) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue
b) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue
c) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum '
d) both (b)&(c).

Answer: b