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Indian Evidence Act MCQs [set-5]

101. 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).


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Answer: A
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102. Presumption as to the genuineness of gazettes in electronic form has

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A. section 81 a of evidence act . M
B. section 88a of evidence act

C. section 90a of evidence act

D. section 73a of evidence act.

Answer: A

103. 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. only (a) 8: not (b).

Answer: C

104. Section 91 of Evidence Act applies to documents which are

A. unilateral

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B. bilateral

C. tripartite

D. all the above.

Answer: D

105. Section 92 of Evidence Act prohibits admission of oral evidence, in


respect of a written document, for the purpose of

A. contradicting its terms

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B. varying its terms
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C. adding to its terms
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D. all the above.

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Answer: D
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106. Section 92 of Evidence Act is applicable to

A. disputes between the parties to the instrument only

B. disputes between a party to the instrument and a stranger

C. disputes between two strangers where the document is in question

D. all the above.

Answer: A

107. Section 92 of Evidence Act applies to

A. unilateral documents

B. bilateral documents

C. both (a) & (b)

D. either (a) or (b).

Answer: B

108. Oral evidence of a fact invalidating the document is admissible

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A. under proviso 1 to section 92 of evidence act

B. under proviso 2 to section 92 of evidence act

C. under proviso 4 to section 92 of evidence act

D. under proviso 6 to section 92 of evidence act.

Answer: A

109. The want or failure of consideration as contemplated under proviso 1


to section 92 of Evidence Act invalidating a document

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A. is a complete want or failure
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B. is a partial want or failure
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C. is a substantial want or failure

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D. may be complete or may be partial want or failure.

Answer: A
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110. Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

A. unilateral mistake

B. mutual mistake

C. both (a) & (b)

D. only (b) not (a).

Answer: C

111. Under section 92 of Evidence Act oral evidence to explain the real
nature of the transaction is admissible

A. where the document does not record all the terms of the contract

B. where the document records all the terms of the contract

C. where the documents is complete in itself

D. all the above.

Answer: A

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112. Under proviso 4 to section 92 of Evidence Act, oral evidence is
admissible in cases

A. where the contract has been written voluntarily & not required by laws to be so written

B. where the law required the contract to be in writing

C. where the contract has been registered under the law of registration of documents

D. all the above.

Answer: A

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113. Extrinsic evidence to show the meaning or supply the defects in an
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instrument, is prohibited under section 93, in respect of

A. ambiguitas patens
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B. ambiguitas lateens c
C. both (a) & (b)
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D. only (b) & not (a).

Answer: A

114. The test of ascertaining on which side the burden of proof lies is
contained in

A. section 100 of evidence act

B. section 101 of evidence act

C. section 102 of evidence act

D. section 103 of evidence act.

Answer: C

115. Burden of proof

A. partially determines the right to begin

B. substantially determines the right to begin

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C. wholly determines the right to begin

D. only (c) & not (a) or (b).

Answer: A

116. Burden of proof under section 101 of Evidence Act

A. never shifts

B. goes on shifting as the trial proceeds

C. may shift
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D. both (b) & (c) are correct.
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Answer: A
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117. Burden of proof is lightened by q M
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A. presumptions M
B. admissions

C. estoppels

D. all the above.

Answer: D

118. Burden of introducing evidence under section 102 of Evidence Act

A. never shifts

B. occasionally shifts

C. constantly shifts

D. only (a) and not (b) or (c).

Answer: C

119. In criminal proceedings, the burden of proof is

A. on the prosecution to prove the guilt of the accused

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B. on the accused to prove his innocence

C. on both the parties

D. either (a) or (b).

Answer: A

120. Section 105 of Evidence Act applies to

A. criminal trials

B. civil trials
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C. both (a) & (b)
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D. neither (a) nor (b).
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Answer: A
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121. In criminal trials, the onus is on the accused to prove that his case
falls in

A. any of the general exception

B. any of the special exception

C. any of the proviso to any provision

D. all the above.

Answer: D

122. In criminal trials, the accused has to establish his plea mitigation or
justification of an offence

A. beyond reasonable doubt

B. prima fzzcie

C. substantially

D. either (a) or (c).

Answer: B

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123. Any person’ in section 106 of Evidence Act refers to

A. a party to the suit

B. a stranger to the state

C. a person who is not a party to the suit but interested in the outcome of the suit

D. a witness

Answer: A

124. The presumption of continuance of life is contained in o m


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A. section 106 of evidence act
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B. section 107 of evidence act

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C. section 108 of evidence act
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D. section 109 of evidence act.
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Answer: B

125. Section 108 of Evidence Act relates to

A. presumption of death

B. presumption of life

C. presumption of legitimacy

D. presumption of relationship.

Answer: A

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