Question Paper Low Civil Judge & Public
1. Which of the following is/are correct statement(s) ?
(A) Evidence excluded by the Evidence Act is inadmissible even if it seems essential for ascertainment of truth.
(B) Parties cannot contract themselves out of the provisions of the Evidence Act.
(C) Both (A) and (B)
(D) Neither (A) nor (B)
Ans. (C)
2. Which of the following qualifies to be treated as "Fact" within the meaning assigned to it under the Evidence Act ?
(A) That a man heard or saw something
(B) That a man holds a certain options.
(C) That a man acts in good faith.
(D) All these
Ans. (D)
3. According to the Evidence Act, a fact is said to be 'not proved', when the-
(A) court believes that the fact does not exist
(B) fact is vague
(C) fact is neither proved nor disproved
(D) All these
Ans. (C)
4. 'A' prosecutes 'B' for adultery with 'C', wife of 'A'. 'B' contested by denying the allegation. 'B' was found guilty and convicted in said case. Subsequently, 'C' was prosecuted on charge of bigamy on allegations that she had married 'B' subsistence of her marriage with 'A'. 'C' contested by denying that she was ever married to 'A' In the case against 'C', the judgement in the first case against 'B' is-
(A) relevant
(B) irrelevant
(C) binding
(D) None of These
Ans. (B)
5. Mark the incorrect statement.
A Court may take the assistance of expert for forming opinion on point of-
(A) foreign law
(B) art
(C) Both (A) and (B)
(D) Neither (A) nor (B)
Ans. (C)
6. Which of the statements given below is/are correct ?
(A) In civil cases. the character to prove the conduct imputed to a party is not relevant.
(B) In criminal proceedings bad character of the accused is not relevant, unless evidence of good character has been given.
(C) In criminal proceedings previous conviction of accused is relevant as evidence of bad character.
(D) All these
Ans. (D)
7. 'A' is on trial for the murder of 'C'. There is evidence to show that 'C' was murdered by 'A' and 'B', and that 'B' said- 'A' and I murdered 'C'. As against 'A', this evidence is-
(A) not to be taken into consideration as the evidence is hearsay
(B) to be taken into consideration as it is direct
(C) not to be taken into consideration as 'A' and 'B' are not being jointly tried
(D) to be taken into consideration as 'A' and 'B' are accomplice
Ans. (C)
8. The essential conditions for the dying declaration to be relevant include the-
1. statement is made by a person as to the cause of his death.
2. statement is made by a person as to any of the circumstances of the transaction which resulted in his death.
3. person must have been under expectation of death at the time of making the statement.
Which of the above propositions is/are correct ?
(A) 1 and 2
(B) 2 and 3
(C) 1 and 3
(D) All these
Ans. (A)
9. Which of the following statements is correct ?
(A) Confessions caused by inducement, threat or promise flowing from person in authority, giving reasonable impression to the accused that he would thereby avoid punishment, is relevant.
(B) Confession by accused while in custody of police, even if made in the immediate presence of a magistrate, shall not be proved.
(C) The confession of the accused made while in custody of police may be proved if as a consequence of information received thereby a relevant fact is discovered.
(D) None of these
Ans. (D)
100. 'A' is accused of receiving stolen goods knowing them be stolen. He offers to prove that he refused to sell them below their value. Which of the following is correct ?
(A) 'A' may prove the statements, though in the nature of admission, because they are explanatory of conduct influenced by facts in issue.
(B) 'A' may not prove the statements because they are self-serving admissions.
(C) 'A' may not prove the statements because as accused he cannot be a witness in his own defence.
(D) All these are incorrect
Ans. (A)
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