MODEL NOTES FOR JUDICIAL EXAM - 51

1. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is not on the person who wishes to give such evidence. True/False
      Ans: False

2. Sec. 105 of the Evidence Act requires that the Court____ presume the absence of such circumstances which brings a case with the purview of the General Exceptions in the IPC.
     A. shall
     B. may

3. "Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court."Which section of CPC, 1908 provides the same?
       Ans: Sec. 132

4. No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court. True/False
    Ans: True

5. A principal is responsible for all the acts of his agent which is called
      Ans: Vicarious liability

6. Which section of the CPC, 1908 deals with enforcement of liability of surety?
       Ans: Sec. 145

7. Which section of the CPC, 1908 deals with consent or agreement by persons under disability?
      Ans: Sec. 147

8. What are the cases in which secondary evidence relating to documents may be given?
 Ans: Section 65 of the Indian Evidence Act deals with cases in which secondary evidence relating to documents may be given. They are a follows:
     A. When the original is shown or appears to be in the possession or power—
of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;
     B. when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
     when the original
  C. has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
     D. is of such a nature as not to be easily movable;
  E. is a public document within the meaning of section 74;
  F. is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence
  G. consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection.
          In cases A, C and D, any secondary evidence of the contents of the document is admissible.
In case B, the written admission is admissible.
In case E or F, a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case G, evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

9. Writ of quo warranto can be filed by
     A. any private person whether aggrieved or not
     B. an executive in his official capacity

10. Which is not actionable claim?
       A. Right to claim arrears of rent of a house
       B. Right to claim decretal sum

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