MP Test Series 5 21 12 2023

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MP TEST SERIES

PAPER #5
(Friday, 21/12/2023)

Important Instructions-

(a) Question paper include only Evidence Act


(b) All questions are compulsory
(c) Time allotted 2 hours only
(d) Each questions carries one mark
(e) There shall be no negative marking.

EVIDENCE ACT

Q.1 How many chapters does Indian Evidence Act has?

(a) X (b) XI

(c) IX (d) XII

Q.2 Chapter X of the Indian Evidence Act talks about?

(a) Improper Admission (b) Oral Evidence

(c) Documentary Evidence (d) Examination of Witnesses

Q.3 How many sections does Indian Evidence Act has?

(a) 165 (b) 166

(c) 167 (d) 168

Q.4 When did Indian Evidence Act came into force?

(a) 1st Sept 1872 (b) 1st Jan 1872

(c) 1st July 1872 (d) 1st Nov 1872

Q.5 The word ‘May presume’ has been defined under?

(a) Section 3 (b) Section 4

(c) Section 2 (d) Section 5

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Q.6 Evidence may be given of?

(a) Fact in issue (b) Relevant fact

(c) Both (d) None of the above

Q.7 Doctrine of res gestae has been recognized under

(a) Section 6 (b) Section 8

(c) Section 9 (d) Section 12

Q.8 ‘Proof’ of a fact implies:

(a) Absolute certainty or accuracy of statements

(b) Degree of probability of existence of a fact

(c) Artificial probative value assigned to a fact

(d) All of the above

Q.9 Section 8 makes which of the following relevant?

(a) Motive (b) Preparation

(c) Conduct (d) All of the above

Q.10 The question is whether ‘A’ was robbed b ‘B’ marks on the ground, produced by
struggle at the place of murder is relevant under:

(a) Section 7 (b) Section 8

(c) Section 12 (d) Section 13

Q.11 Section 167 applies to:

(a) Civil Proceedings only (b) Criminal Proceedings only

(c) Both (d) None of the above

Q.12 In order to discover or obtain proper proof of relevant fact the judges are provided the
power under:

(a) Section 165 (b) Section 166

(c) Section 167 (d) None of the above

Q.13 Refreshing Memory is provided under Section?

(a) 157 (b) 159

(c) 164 (d) 158

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Q.14 Corroboration or contradiction of the statements of the person who cannot be found?

(a) 159 (b) 158

(c) 160 (d) 161

Q.15 Mark the incorrect matching:

(a) A is accused of committing murder of R. Evidence is sought to be given of the


fact that R had murdered A's brother and A had threatened that he would take
revenge (Sec. 8).

(b) A DNA report that clearly establishes that the killed child was the son of an
industrialist, who is disinterested in owning the paternity of the child (Sec. 9).

(c) The witnesses depose that after hearing the first shot they climbed the boundary
wall and saw the accused chasing the victim before the final shoot-out (Sec. 7).

(d) After the alleged rape the victim narrated the whole incident to the police over
phone (Sec. 8, Explanation 1).

Q.16 Question which are intended to ‘Insult or Annoy’ are provided under:

(a) Section 150 (b) Section 151

(c) Section 152 (d) Section 153

Q.17 Under which section is “Hostile Witness” provided?

(a) Section 154 (b) Section 155

(c) Section 156 (d) Section 157

Q.18 Section 151 of the act deals with

(a) Question which tends to annoy

(b) Indecent and Scandalous question

(c) Question asked without reasonable cause

(d) Impeaching the credit

Q.19 Leading question cannot be asked in?

(a) Examination-in-chief (b) Cross examination

(c) Both (d) None of the above

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Q.20 A leading case on the admissibility of tape-recorded conversation is:

(a) R.M. Malkani v. State of Maharashtra.

(b) Kalu Mirza v. Emperor.

(c) Bhola Nath v. Emperor.

(d) Badri Rai v. State of Bihar

Q.21 Telling his wife that P’s wife had called him to receive payments due to him, K leaves
his house. After two days, his dismembered body is found in a trunk. In P’s trial for
murder of K, the statement made by K to his wife is:

(a) Inadmissible

(b) Partly admissible.

(c) Inadmissible as it does not directly relates to K’s death.

(d) Admissible as it relates to the circumstance of the transaction which resulted in


K’s death.

Q.22 Secondary evidence includes:

(a) Certified copies of the original document.

(b) Negatives of a photograph.

(c) Oral account of the contents of a document.

(d) All of the above

Q.23 Mark the incorrect statement:

(a) Documents should be proved by primary evidence.

(b) Oral account of the contents of a document is admissible only when given by a
person who has seen and read the document.

(c) A witness who has given oral evidence is not entitled to give documentary
evidence.

(d) Copy of a copy if has not been compared with the original is neither a primary
nor a secondary evidence.

Q.24 The period of thirty years under Sec. 90 is to be reckoned from

(a) The date on which the document is relied upon.

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(b) The date on which the document is filed in the court.

(c) The date on which the document is tendered in evidence, when its genuineness
is in issue.

(d) None of the above.

Q.25 Privileged communications relate to:

(a) Matters which a witness cannot be compelled to disclose.

(b) Matters which a witness is willing to disclose but not permitted to do so.

(c) Both (a) and (b).

(d) Only (b).

Q.26 What is not true?

(a) Witness may be cross-examined as to previous statement in writing

(b) Leading question may be asked in cross- examination

(c) Person-called to produce document can be cross-examined

(d) Party calling the witness may cross- examine him with the permission of Court

Q.27 Privileged communications relate to:

(a) Matters which a witness cannot be compelled to disclose.

(b) Matters which a witness is willing to disclose but not permitted to do so.

(c) Both (a) and (b).

(d) Only (b).


Q.28 ‘Civil death’ may be presumed, if it is proved that one has not been heard of for:

(a) 10 years. (b) 20 years.

(c) 12 years. (d) 7 years.

Q.29 In Evidence Act the facts of which judicial notice is to be taken are stated in

(a) Section 55 (b) Section 56

(c) Section 57 (d) Section 58

Q.30 The presumption of continuance of life is given under:

(a) Section 106 of the Evidence Act (b) Section 107 of the Evidence Act

(c) Section 108 of the Evidence Act (d) Section 109 of the Evidence Act

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Q.31 Point out the correct statement:

(a) The doctrine of estoppel is applied in civil and criminal matters.

(b) The doctrine of estoppel is applied in criminal matters.

(c) The doctrine of estoppel is applied in civil matters.

(d) All the above statements are incorrect.

Q.32 Under section 122 of the Evidence Act, 1872 privilege is available to

(a) Professionals (b) Magistrates

(c) Wife and husband (d) Judges

Q.33 Sec. 145 is not applicable to:

(a) Criminal proceedings (b) Admissions

(c) Both (a) and (b) (d) None of the above

Q.34 Which one of the following sections of the Indian Evidence Act provides exception to
the rule "hearsay evidence is not admissible":

(a) Section 29 (b) Section 30

(c) Section 31 (d) Section 32

Q.35 Mark the incorrect matching:

(a) Presumption of fact: Rebuttable.

(b) Presumption of law: Rebuttable (shall presume) and irrebuttable (conclusive


proof).

(c) Presumption of fact: May presume.

(d) Presumptions stated in Sec. 118 of the Negotiable Instruments Act


presumptions of fact.

Q.36 A dying declaration:

(a) Always requires corroboration from independent evidence.

(b) Can be equated with a confession or evidence of approver.

(c) Both (a) and (b) are correct.

(d) Both (a) and (b) are incorrect.

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Q.37 Under which one of the following sections of the Evidence Act the previous conviction
of a person is relevant?

(a) Explanation I to Section 14 (b) Explanation II to Section 14

(c) Explanation III to Section 14 (d) Explanation IV to Section 14

Q.38 ‘Dudh Nath Pandey v. State of U.P.’ is a leading judgment

(a) Section 12 (b) Section 11

(c) Section 14 (d) Section 6

Q.39 Which Section defines public document?

(a) Section 74 (b) Section 75

(c) Section 88 (d) Section 89

Q.40 Which one of the following is a ‘Document’

(a) Inscription on a metal plate (b) Caricature

(c) Lithographed document (d) All of the above

Q.41 A fact is said to be ‘Not proved’

(a) When it neither proved (b) Neither disproved

(c) Both are correct (d) None of them

Q.42 Under which section is test identification parade relevant?

(a) Section 7 (b) Section 9

(c) Section 11 (d) Section 15

Q.43 Mirza Akbar v. Emperor in related to which section of the Evidence Act?

(a) Section 10 (b) Section 14

(c) Section 12 (d) Section 13

Q.44 Mark the incorrect matching:

(a) Relevancy of Statements in Maps, Charts: Sec., 36.

(b) Relevancy of Statements in Acts of Parliament of England or India: Sec. 37

(c) Relevancy of Statements as to Law in Law Books of a Foreign Country: Sec.


38.

(d) None of the above.

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Q.45 Which of the following facts need not be proved?

(a) Oral Evidence (b) Documentary Evidence

(c) Facts Judicially Noticeable (d) Relevant facts

Q.46 Oral Evidence under Section 60 of the Act must in all cases be?

(a) Indirect (b) Circumstantial

(c) Direct (d) May be presumed by courts

Q.47 Copies made from or compared with the original are?

(a) Primary Evidence (b) Secondary Evidence

(c) Circumstantial Evidence (d) None of the above

Q.48 Which Section of the Indian Evidence Act deals with “Doctrine of confirmation by
subsequent facts”?

(a) Section 27 (b) Section 115

(c) Section 102 (d) Section 165

Q.49 Which section of Indian Evidence Act, does provide us with doctrine of ‘res ipsa
loquitur’

(a) Section 102 (b) Section 104

(c) Section 106 (d) Section 108

Q.50 A confession made to which of the following persons will be hit by Sec. 25:

(a) A confession made to a police officer under the POTA, 2001

(b) A confession made to chowkidar.

(c) A confession made to a custom officer.

(d) A confession made to a member of the Railway Protection Force.

Q. 51 The Witness Protection Scheme, 2018 approved by the Supreme Court of India in the
case of Mahender Chawla vs Union of India, 2018 SCC Online SC 2679 is a scheme

(a) Providing for assessment of threat perception to the life of a witness or his
family members, during investigation/trial or thereafter.

(b) Providing for threat perceptions to be assessed by the Investigation Officer


which is binding on the Court.

(c) Providing for protection of a witness in a trial punishable with imprisonment for
a term not less than 10 years, which may extend to imprisonment for life or
death.

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(d) Does not provide for change of identity as also relocation of witness due to law
and order being a State legislative subject.

Q.52 In which of the following recent judgement Supreme Court held that “witness not
discredited by mere contradiction between testimony and statement given to police”

(a) Birbal Nath v. State of Rajasthan

(b) Manish Sisodia v. CBI

(c) Manak Chand v. State of Haryana

(d) Daudhraj Singh v. Union of India

Q.53 A certificate under Section 65-B of the Evidence Act can be produced at any stage of
the trial” has been recently held by Supreme Court in which of the following cases?

(a) State of Karnataka v T. Naseer @ Thadiantavida Naseer.

(b) Binu Tamta v. High Court of Delhi

(c) Nanhe v. State of U.P.

(d) Pawan Kumar v. State of U.P.

Q.54 Sec. 162:

(a) Makes it obligatory on the witness to produce the document summoned by the
court and he has no right to decide whether the document shall be produced.

(b) The party producing the document under court order may raise his objections to
its production or admissibility.

(c) The court may inspect the document to determine on its admissibility, unless it
refers to matters of State.

(d) All are correct.

Q.55 Mark the incorrect statement:

(a) A witness could look at the dying declaration which was noted by him to refresh
his memory.

(b) A medical man could refresh his memory by referring to a report prepared by
him in his post-mortem examination.

(c) Any writing used for the purpose of refreshing the memory of witness, must be
produced and shown to the adverse party if he requires it.

(d) It is necessary that the document or writing used for refreshing the memory
should be relevant or admissible in evidence.

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Q.56 A is indicted for the murder of B. C says that B, when dying, declared that A had given
B the wound of which he died. Evidence is offered to show that, on a previous occasion,
C said that the wound was not given by A or in his presence.

(a) The evidence is admissible under Sec. 155.

(b) The evidence is inadmissible under Sec. 155.

(c) The evidence is inadmissible under Sec. 156.

(d) The evidence is admissible under Sec. 156.

Q.57 A witness is asked whether he was not dismissed from a post for dishonesty. He denies
it. Evidence is offered to show that he was dismissed for dishonesty.

(a) The evidence is admissible if it comes from plaintiff's side.

(b) The evidence is admissible if it comes from defendant's side.

(c) The evidence is admissible.

(d) The evidence is inadmissible.

Q.58 Under Sec. 148, when in the course of a cross-examination the question asked to the
witness is not relevant to the facts, but is asked only to shake his credit by exposing his
character:

(a) The witness shall be compelled to answer it.

(b) The witness shall not be compelled to answer it.

(c) The court has to decide whether or not the witness shall be compelled to answer
it.

(d) The prosecution has to decide whether or not the witness shall be compelled to
answer it.

Q.59 The question is whether A assaulted B, evidence is offered through the mouth of C that
he heard A saying to D that B had written him a letter accusing him of theft and that he
will take his revenge. Though the letter itself is not produced, this statement about the
letter:

(a) May be proved.

(b) May not be proved.

(c) May be proved because the statement is relevant as showing A's motive for the
assault.

(d) None of the above.

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Q.60 Which of the following is not an example of a leading question:

(a) Where do you live?

(b) Is not your name so and so?

(c) Do you not reside in such and such place?

(d) Are you not in the service of such and such a person?

Q.61 Mark the incorrect statement in relation to re-examination:

(a) The re-examination shall be directed to the explanation of matters referred to in


cross-examination.

(b) After re-examination of a witness, the adverse party has a right to further cross-
examine the witness only when a new matter is introduced in re-examination.

(c) During re-examination of a witness, a new matter can be introduced only with
the court's permission.

(d) An order of re-examination is restricted to the court's own motion.

Q.62 Which of the following is not a leading case on accomplice evidence?

(a) Bhuboni Sahu v Emperor.

(b) Ravinder Singh v State of Haryana.

(c) R. v Baskerville.

(d) R.K. Jain v Union of India.

Q.63 What number of witnesses will be required for the proof of any fact?

(a) No particular number.

(b) At least one eye-witness.

(c) Two witnesses with regard to documents.

(d) One party and one witness

Q.64 Question as to admissibility of evidence must be decided by the Court:

(a) At the time when the evidence is tendered.

(b) Evidence could be placed on the record provisionally.

(c) After the counsel has been given an opportunity to address the court on the
point.

(d) All are correct.

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Q.65 It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact
in issue. There are several intermediate facts (B, C and D) which must be shown to exist
before the fact (A) can be regarded as the cause or effect of the fact in issue.

(a) The court may permit A to be proved before B, C and D is proved.

(b) The court may require proof of B, C and D before permitting proof of A.

(c) Either (a) or (b).

(d) None of the above.

Q.66 Under Sec. 132, where a question put to a witness is relevant to the matter in issue in
any suit or in any civil or criminal proceeding but the answer would tend to criminate
him to civil or criminal liability or to a penalty or forfeiture, then:

(a) The witness can be compelled to answer it.

(b) The witness cannot be compelled to answer it.

(c) The answers, which the witness is compelled to give, should constitute an
evidence against him.

(d) Both (a) and (c).

Q.67 A witness who is not a party, cannot be compelled to produce

(a) His title-deeds to any property.

(b) Any document by which he became the pledgee or mortgagee of any property.

(c) Any document which might tend to criminate him.

(d) All of the above.

Q.68 Which section of the Evidence Act protects unpublished State records from being
disclosed?

(a) Sec. 122 (b) Sec. 123

(c) Sec. 124 (d) Sec. 125

Q.69 Which section of the Evidence Act lays down that no public officer shall be compelled
to disclose communications, made to him in official confidence?

(a) Sec. 123. (b) Sec. 124.

(c) Sec. 125. (d) Sec. 126.

Q.70 Under Sec. 125, can a police officer be compelled to disclose the source of information
as to the commission of an offence?

(a) Yes. (b) No.

(c) The court will decide. (d) None of the above.

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Q.71 If a correspondence (e.g. letter) containing communication from a husband to wife (or
vice versa) falls into the hands of a third person:

(a) It is admissible in evidence.

(b) It is inadmissible in evidence.

(c) It is inadmissible in evidence until consented to by the writer of the


communication.

(d) None of the above.

Q.72 Which of the following is not a case coming under Sec. 122 (Privileged
communications between husband and wife):

(a) Queen Empress v Danoghue.

(b) M.C. Verghese v T.J. Ponnan.

(c) Ram Bharose v State of U.P.

(d) Franji Bhicaji v Mohan Singh Dhan Singh.

Q.73 A judge or magistrate is a competent witness. In which of the following cases, he can
be a witness only upon the special order of a higher court:

(a) A on his trial before the Court of Session, says that a deposition was improperly
taken by B, a Magistrate. B can be compelled to answer as to this.

(b) A is accused before the Court of Session of attempting to murder a police officer
whilst on his trial before B, a Session Judge. B may be examined as to what
occurred.

(c) Both (a) and (b).

(d) None of the above.

Q.74 Under Sec. 116:

(a) Estoppel operates in case of a tenant during the continuance of tenancy or when
the tenant remains in possession after the termination of tenancy by notice to
quit.

(b) The tenant is estopped from denying the title of landlord to the property at the
commencement of the tenancy.

(c) The tenant is estopped from denying the title of actual owner to the property at
the commencement of the tenancy.

(d) Beth (a) and (b) are correct.

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Q.75 A local development authority announced a housing scheme and accepted applications
under it, subsequently finding that the scheme was in violation of the Master Plan
cancelled it.

(a) It is free to do so without any shackles of promissory estoppel.

(b) It is not free to do so due to promissory estoppel.

(c) It is free to do so without any shackles of promissory estoppel as there cannot


be any estoppel against the Government in the exercise of its sovereign,
legislative and executive functions.

(d) None of the above.

Q.76 Which of the following statements is correct?

(a) Estoppel is a rule of evidence.

(b) Estoppel from record constitutes bar of res judicata.

(c) There can be estoppel on a point of law

(d) There can be estoppel when the truth of the matter is known to both parties.

Q.77 Which of the following is a leading case on estoppel?

(a) Sharat Chandra Dey v Gopal Chandra Laha.

(b) Gangabai v Chabbubai.

(c) Amar Singh v State of Punjab.

(d) None of the above.

Q.78 The Doctrine of estoppel is a:

(a) Rule of evidence. (b) Substantive rule of law.

(c) Rule of pleading. (d) None of the above

Q.79 Sec. 113-A inserted by 1983 Criminal Law Second Amendment Act:

(a) Creates a new offence. (b) Creates a substantive right.

(c) Is a matter of procedure. (d) Is not retrospective in operation.

Q.80 Presumption as to Dowry death under Sec. 113-B:

(a) A conclusive proof. (b) The court shall presume.

(c) The court may presume. (d) None of the above.

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Q.81 Unless non-access is proved, the presumption as to legitimacy of any child born during
the continuance of a valid marriage between his mother and any man is:

(a) Rebuttable presumption of law.

(b) Presumption of fact.

(c) Mixed presumption of law and fact.

(d) Irrebuttable presumption of law.

Q.82 According to Sec. 105, In criminal trials, the onus is on the accused to prove that his
case falls in:

(a) Any of the general exceptions in IPC.

(b) Any of the special exceptions in IPC.

(c) Any of the proviso to the provision under which the accused is charged.

(d) All of the above.

Q.83 A prosecutes B for theft, and wishes the court to believe that B admitted the theft to C.
The burden of proving the admission is on:

(a) A (b) B.

(c) C. (d) A or B or C.

Q.84 X sues Y for money due on a bond. The execution of the bond is admitted, but Y says
that it was obtained by fraud, which X denies. The burden of proof is on:

(a) Y. (b) X.

(c) The State. (d) X and Y both.

Q.85 A hires lodgings of B and gives a card on which is written "Rooms, Rs. 200 a month".
A tenders oral evidence to prove a verbal agreement that these terms were to include
partial board. The evidence is:

(a) Inadmissible under Sec. 91. (b) Inadmissible under Sec. 92.

(c) Admissible. (d) Irrelevant.

Q.86 Mark the incorrect statement:

(a) Sec. 91 applies to both unilateral and bilateral documents.

(b) Sec. 92 applies only to bilateral documents.

(c) Both (a) and (b) are incorrect.

(d) Both (a) and (b) are correct.

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Q.87 Extrinsic or oral evidence can be given in cases of ambiguous documents. But such
evidence is allowed only when the defect in the document Is:

(a) Latent. (b) Patent.

(c) Both (a) and (b). (d) Negligible.

Q.88 In which of the following cases, oral evidence can be given:

(a) A enters into a written contract with B to work certain mines of B, upon certain
terms. A was induced to do so by a misrepresentation of B's as to their value.

(b) A sells B a horse and verbally warrants him sound. A gives Ba paper in these
words: "Bought of A a horse for Rs. 500".

(c) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B, who sues A upon it.

(d) All of the above.

Q.89 In which of the following cases, oral evidence can be given?

(a) A contract for sale of goods mentions that the goods supplied on earlier
occasions have been paid for. Oral evidence offered to show that no such
payment was ever made.

(b) A gives B a receipt for money paid by B. Oral evidence is offered of the
payment.

(c) Both (a) and (b).

(d) Only (a).

Q.90 The provisions as to exclusion of oral by documentary evidence under Secs. 91 and 92
are based on the rule of:

(a) Best evidence. (b) Hearsay evidence.

(c) Both (a) and (b) are correct. (d) Both (a) and (b) are incorrect.

Q.91 According to the Explanation to Sec. 90, "proper custody" means

(a) The place where the document would normally be.

(b) Was under the care of a person with whom it would naturally be.

(c) Any custody which is proved to have had legitimate origin.

(d) All of the above.

Q.92 Under Sec. 90A, the presumption as to Electronic Records is for the records:

(a) 2-year old. (b) 3-year old.

(c) 5-year old. (d) 10-year old.

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Q.93 Sec. 88 provides for:

(a) Presumption as to the telegraphic messages delivered to the addressee


corresponds with the message handed over to the post office.

(b) Presumption that the message was meant for the person whom it is purported to
be delivered.

(c) Presumption as to the sender of the message.

(d) Both (a) and (b).

Q.94 Sec. 88A provides for:

(a) Presumption as to the electronic messages forwarded corresponds with the


message as fed in the computer.

(b) Presumption as to the sender of the message.

(c) Both (a) and (b).

(d) None of the above.

Q.95 Mark the incorrect statement:

(a) Sec. 57 authorizes the Courts to take judicial notice of the existence of all laws
and statutes in the territory of India and U.K.

(b) Sec. 64 recognizes statutory records to be 'public records'.

(c) Sec. 78 lays down the method of proving the Statutes/Acts passed by the
legislature.

(d) According to Sec. 84, the Court presumes the genuineness of every book,
printed or published under the authority of the Government of any country,
which contains laws of that country.

Q.96 Mark the Incorrect statement:

(a) According to Sec. 83, maps or plans purporting to be made with the authority
of the Central/State Government are presumed to be accurate.

(b) According to Sec. 83, maps or plans made by private persons are presumed to
be accurate.

(c) Presumption as to books, maps and charts under Sec. 87 could be raised in
respect of a private publisher.

(d) None of the above.

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Mobile No.: 8373964964 Website: www.yourlordships.in
Q.97 Which of the following is a public document:

(a) A post-mortem report.

(b) An insurance policy.

(c) A panchanama prepared by a police officer.

(d) A private Waqf deed.

Q.98 Which is considered as the source of superior evidence?

(a) Dead proof. (b) Living proofs.

(c) Oral proof. (d) None of the above.

Q.99 According to Sec. 60, the oral evidence must be direct except in the case of:

(a) Statements of experts in treatises. (b) Hearsay evidence.

(c) Admissions. (d) All of the above

Q.100 The question is, whether a given road is a public way. A statement by A, a deceased
headman of the village, that the road was public, is a relevant fact under:

(a) Sec. 32 (2). (b) Sec. 32 (3).

(c) Sec. 32 (4). (d) Sec. 32 (5).

************ALL THE BEST************

Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in

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