BSA Questions Paper V

BSA Questions Paper V

1. Which one among the following statements is not correct according to the provisions of the BSA?

a. Where a document is executed in several parts, each part is primary evidence of the document

b. Where a document is executed in counterpart, each counterpart is primary evidence as against the parties executing it

c. Where a document is executed in counterpart, each counterpart is primary evidence for the parties executing it

d. Where the document itself is produced before the court for its inspection, it is primary evidence of the document

 

2. What is meant by primary evidence?

a. Basic evidence

b. Preliminary evidence

c. Essential evidence

d. None of the above.

 

3. Section 57 of the BSA, deals with

a. primary evidence

b. secondary evidence

c. proof of documents by primary evidence

d. cases in which secondary evidence relating to documents may be given

 

4. Primary evidence of a document means

a. It's certified copy

b. It's Xerox copy

c. Document itself

d. Authenticated copy

 

5. Where a document is executed in several parts, there

a. each part is a primary evidence of the document

b. each part cannot be primary evidence of the document

c. each counterpart is secondary evidence

d. only main part is primary while rest is secondary evidence of the document

 

6. Which of the following is a primary evidence:

a. copies made from and compared with the original

b. counterpart of document as against the parties who did not execute them

c. counterpart of a document as against the parties who executed it

d. certified copies of a document

 

7. Which one among the following is not a primary Evidence?

a. A document executed in several parts

b. A copy made from or compared with original

c. Document executed in counterparts

d. Documents made by one uniform process

 

8. When a number of documents are all made by one uniform process, as in the case of printing lithography or photography, each is:—            .

a. secondary evidence of the contents of the rest

b. primary evidence of the contents of interest

c. direct evidence of the contents of tire rest

d. documentary evidence, of the contents of the rest

 

9. The primary evidence in respect of a document, which is prepared in many original copies, will be:—'

a. First original copy

b. All original copies

c. All copies are secondary evidence

d. None of the above

 

10. Which one of the following is primary evidence?

a. Copies made from the original

b. Document produced for the inspection of the court

c. Certified copies of a document

d. Photostat copies of a document

 

11. Which section of BSA deals with Primary evidence?

a. Section 55

b. Section 57

c. Section 59

d. Section 60

 

12. A carbon copy of the injury report prepared by a Doctor by one uniform process by which the original was prepared may be admitted as

a. secondary evidence

b. primary evidence

c. direct evidence

d. circumstantial evidence

 

13. Which one of the following is not a secondary evidence?

a. Copies made from the original by , mechanical process

b. Copies made from or compared with the original

c. Compartments of documents

d. Lithography

 

14. Copies made from or compared with the original is:

a. Primary evidence

b. Secondary evidence

c. Inadmissible evidence

d. None of these

 

15. Secondary evidence includes

a. certified copy of a court's judgement

b. oral account by any person of a document who has seen it

c. copies prepared or compared with originals

d. all of the above

 

16. Secondary evidence is admissible:

a. Where the non-production of primary evidence has not been accounted for

b. Where the non-production of primary evidence has been accounted for

c. Irrespective of whether the non-production of primary evidence has been accounted for or not

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

 

17. Under BSA a copy compared with a copy of a letter made by a copying machine is

a. primary evidence

b. oral evidence

c. secondary evidence

d. any of the above

 

18. Which of the following is not secondary evidence?

a. Certified copies of public documents

b. Copies made from or compared with the original

c. Counterparts of documents as against the parties who did not execute them

d. Oral accounts of the contents of a document given by some person who has himself not seen it.

 

19. Out of the following which is not a secondary evidence?

a. Copies made from the original by mechanical process

b. Copies made from or compared with the original

c. Oral accounts of the contents of a document given by a person who has himself seen it

d. Oral account of a Photograph

 

20. If on the carbon copies of a letter written on a typewriter, signature have been put on the first letter then other copies:

a. Will also be primary evidence:

b. Will be secondary evidence.

c. Will be no evidence.

d. None of the above.

 

21. What secondary evidence can be given in respect of public document:—

a. Oral statement regarding Subject matter

b. Certified copy of the document

c. Photo copy

d. Written admission

 

22. Oral account of the contents of a document by a person who has seen it is:

a. testimonial evidence

b. primary evidence

c. secondary evidence

d. circumstantial evidence

 

23. Which one among the following is not a primary Evidence?

a. A document executed in several parts

b. A copy made from or compared with original

c. Document executed in counterparts

d. Documents made by one uniform process

 

24. Oral account of the contents of a document is admissible

a. when give by a person who has seen & read the document

b. when given by a person who has seen but not read the document

c. when given by a person to whom the document was read over

d. is not admissible in either of the above cases

 

25. Secondary evidence of a document means

a. copies of that document

b. oral account of the contents of the documents

c. both (a) & (b)

d. neither (a) nor (b)

 

26. Under BSA photo of a building is

a. a primary evidence

b. a secondary evidence

c. no evidence

d. None of the above

 

27. Which is a primary evidence?

a. The commissioner prepared a report and signed it

b. A copy of medical certificate prepared from the original

c. A photocopy of the will

d. Enlargement of a photo from another photo

 

28. Which one of the following is not a secondary document?

a. A photograph of an original, not compared, but the thing photographed was original

b. A copy transcribed from a copy and compared with that copy, not with the original copy from which it was transcribed was compared with the original

c. Counterparts of documents against the parties who did not execute them

d. Oral accounts of contents of a document given by some persons who himself has seen it

 

29. An item of evidence which is not a secondary evidence is

a. copies made from the original

b. copies compared with the original

c. oral accounts of the contents of a document given by a person who himself has seen it

d. Counter part of a document as against the person who executed it

 

30. Out of the following which is not a secondary evidence?

a. Copies made from the original by mechanical process

b. Copies made from and compared with the original

c. Oral accounts of the contents of a document given by a person who has himself seen and read it

d. Oral account of a copy compared with the original

 

31. Oral account of the contents of a document by a person who has seen it is:

a. testimonial evidence

b. primary evidence

c. secondary evidence

d. circumstantial evidence

 

32. Which one of the following is not secondary evidence?

a. Copy prepared from original by mechanical process which has been compared with the original.

b. Copy prepared from original by mechanical process.

c. Oral evidence of a person about the contents of document, who has seen the document.

d. Copy Prepared from the original and compared with it.

 

33. Which one of the following sections relates to Secondary evidence?

a. Section 55

b. Section 79

c. Section 58

d. Section 57

 

34. Photocopies of a document made from the original are

a. Primary evidence

b. Secondary evidence

c. Hearsay evidence

d. None of the above is correct

 

35. Secondary evidence of a document means

a. copies of the document

b. oral account of the contents of the documents

c. both (a) and (b)

d. none of the above

 

36. Which Section of the BSA provides that contents of the document must be proved by primary evidence?

a. Section 56

b. Section 57

c. Section 58

d. Section 59

 

37. In which of the following cases, can secondary evidence of the contents of a document not be given:

a. When the original is a public document

b. When the original has been destroyed

c. When the original has been found to be inadmissible

d. None of the above

 

38. Which one of the following Sections of the BSA provides for admissibility of secondary evidence?

a. Section 55

b. Section 56

c. Section 58

d. Section 60

 

39. In which of the following secondary evidence relating to a document cannot be given?

a. When the original document; shown to be in possession of they person against whom the document is sought to be proved.

b. When the original document is in possession of the person who wants to prove it.

c. When the original document is lost without any default or negligence on the part of the person who wants to prove it.

d. When the original document is of such nature which cannot be easily moved.

 

40. Secondary evidence of the Contents of a document is not admissible when

a. the original is of a nature as, not to be easily movable

b. the original has been lost

c. the original is public document

d. the original has been found to be inadmissible

 

41. In which the following cases, secondary evidence of the contents of the document cannot be given

a. when the original is in the possession of a person out of reach of the process of the Court

b. when the original has been destroyed

c. when the document is registered one and may be produced before the Court

d. when the original is of such a nature as not to be easily movable

 

42. In which section of BSA special provision is mentioned regarding evidence relating the electronic record:

a. Under Section 54

b. Under Section 58

c. Under Section 62

d. Under Section 66

 

43. Under which of the following Sections of the BSA the contents of electronic records may be proved?

a. Section 62

b. Section 63

c. Section 66

d. Section 67

 

44. Which provision of the BSA relates to admissibility of Electronic Records in evidence?

a. Section  59

b. Section 60

c. Section  63

d. Section 66

 

45. In which of the provisions of BSA, special provision as to evidence relating to electronic record was inserted?

a. Section 62

b. Section 64

c. Section 86

d. Section 116

 

46. Admissibility of electronic record has been prescribed under

a. Section 59 of BSA

b. Section 60 of BSA

c. Section 63 of BSA

d. Section 62 of BSA

 

47. In which of the following cases no notice is required to be given to the adverse party before producing the secondary documentary evidence?

a. When original is destroyed

b. When original is immovable

c. When original is electronic record

d. When original is in the possession Of adverse party

 

48. Under BSA, a document required by law to be attested, can be proved by calling:

a. both the attesting witnesses

b. at least one of the attesting witness

c. any other person

d. a legal heir of the attesting witness

 

49. A document required by law to be attested can be proved under Section 67 of the BSA only by calling:

a. both the attesting witnesses

b. some other person who has the knowledge of the contents

c. at least one of the attesting witnesses

d. all of the above

 

50. For the purpose of proving a registered 'Will' it shall be necessary to call

a. all the attesting witnesses

b. one attesting witness at least

c. one attesting witness and the scriber of the Will

d. one attesting witness ' and the registering officer ,

 

51. Under Section 67 of BSA, for proving execution of a registered will it is—

a. necessary to call at least two attesting witnesses

b. necessary to call, at least one attesting witness

c. not necessary to call any attesting witness

d. necessary to call the Registrar

 

52. For proving execution of a registered will, it is necessary to call

a. at least one attesting witness

b. at least two attesting witnesses

c. the registrar

d. none of the above

 

53. Under Section 67 of the BSA a document registered by law to be attested can be provided by calling

a. both the attesting witnesses

b. at least one of the attesting witnesses

c. any other persons

d. a legal heir of the attesting witness

 

54. A document required by law to be attested can be proved under Section 67 of the BSA only

a. by calling both the attesting witnesses

b. by calling at least one of the attesting witnesses

c. by calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

d. All of the above

 

55. Under BSA for proving execution of a registered will

a. be necessary to call at least two attesting witnesses

b. be necessary to call at least one attesting witness

c. be necessary to call the executant

d. be necessary to call the registrar

 

56. For proving execution of a registered will:—

a. At least two attesting witnesses has to be examined

b. At least one attesting witness has to be examined

c. Not necessary to examine any attesting witness

d. Necessary to examine Registrar

 

57. If no attesting witness can be found it must be proved that:

a. Attestation of one attesting witness at least is in his handwriting.

b. Signature of the person executing the document is in the handwriting of that person.

c. Both (a) and (b)

d. None of the above

 

58. A will is required to be proved by calling at least one attesting witness

a. when it is registered

b. when it is unregistered

c. when it is admitted

d. all of the above

 

59. If the attested witness denies or does not recollect the execution of the document, its execution may be proved by other evidence under  of BSA

a. Section 67

b. Section 68

c. Section 69

d. Section 70

e. None of these

 

60. If the digital signature of any subscriber is  alleged to  have been affixed to an electronic record the fact that such digital signature is the digital signature of the subscriber must be proved, except in the case of a

a. secure digital signature

b. certified digital signature

c. computerized digital signature

d. official digital signature

 

61. When the Court obtains a sample of handwriting or signature of a person under Section 72 of the BSA, the Court

a. itself may compare the same

b. itself may compare the same or may refer it to an expert under Section 39

c. can not refer it to an expert under Section 39

d. must refer the same to an expert under Section 39

 

62. In which of the following cases constitutionality of Section 72 of the BSA was challenged for violation of Article 20(3) of the Constitution?

a. State of Bombay v. Kathikalu

b. Rattan Singh v. Himachal Pradesh

c. Kashmira Singh v. State of M.P.

d. None of the above

 

63. Which of the following Section defines public documents?

a. Section 28

b. Section 29

c. Section 74

d. Section 78

 

64. Which of the following is not a 'Public Document' within the meaning of BSA?

a. Decree passed in a civil suit

b. Caste certificate issued by the competent authority

c. Judgment of High Court

d. Injury certificate issued by a Medical Practitioner

 

65. Which one of the following is not a public document?

a. An unregistered family settlement

b. A registered sale deed

c. Judgment of High Court

d. Judgment of Civil Judge

 

66. Public document includes

a. record of tribunal

b. record of court

c. record of public officers

d. all of the above

 

67. Which one of the following statements is correct? A 'Public document' is a document which

a. has been executed by a member of public

b. has been made public

c. has been addressed to the public in general

d. was executed by a public servant in public capacity

 

68. Which one of the following is not a public document?

a. Letters between authorities

b. Insurance policy

c. Electoral list

d. Order sheet in a judicial proceeding

 

69. Public documents under  BSA have been stated under

a. Section 72           .

b. Section 74

c. Section 73

d. Section 75

 

70. Which is not a public document?

a. Documents forming the records of the Acts of foreign country

b. Documents forming the records of Tribunal

c. Documents forming the records of  the Commonwealth

d. Documents forming the records of will written by Governor of a State

 

71. Which is not a public document?

a. Order of a competent authority fixing price of commodities

b. an order issuing search warrant

c. A crop cutting report by collector

d. Plaint or written statement in a suit

 

72. Which of the following is not a public document?

a. Affidavit

b. Judgement of court

c. Arrest-warrant

d. Will

 

73. Which of the following is a public document?

a. A post-mortem report

b. An insurance policy

c. A Panchnama prepared by a police officer

d. A private waqf deed

 

74. Section 74 of the BSA  deals with

a. Testamentary document

b. Non-Testamentary document

c. Personal document

d. Public document

 

75. Among the following which is not a public document?

a. An unregistered family partition deed

b. A registered sale deed

c. A decision of High Court

d. A decision of Civil Court

 

76. Mark what is not a 'public document' within the meaning of the expression used in the BSA?

a. The records of Motor Accident Claims Tribunal.

b. The register of private documents maintained in the office of Sub- Registrar under the Registration Act.

c. The record of proceedings of the House of the People maintained in the Lok Sabha Secretariat.

d. Pronote executed by 'A' while taking loan from a money lender.

 

77. Which is not public document?

a. Record of Tribunal

b. Record of Municipal Board

c. Memorandum of Association of a company

d. None of the above

 

78. Which of the following is not a public document?

a. Records of a nationalized Bank

b. A post-mortem report

c. A private waqf deed, recorded in the office of sub-registrar

d. Entries made by a police officer in the site inspection map and site memo

 

79. Which document is a Public Document?

a. Documents forming records of acts of Sovereign Authority

b. Public documents kept in any State of private documents

c. Documents forming records of the acts of Official Bodies

d. All of the above

 

80. Which of the following is not an example of public document?

a. Letters between authorities

b. Electoral list

c. Insurance Policy

d. Order sheet in a case

 

81. A private document kept as public record of the State comes under the category of:—

a. Public document

b. Private document

c. Both Public & Private document

d. None of the above

 

82. Public documents are mentioned under which of the following Sections of the BSA?

a. Section 72

b. Section 73

c. Section 74

d. Section 75

 

83. What is a private document?

a. Document executed in a family.

b. Secret document.

c. Document in custody of a private person.

d. Document other than a public document.

 

84. Documents not covered under Section 74 of the BSA are called:

a. Semi Public Documents

b. Quasi Public Documents

c. Private Documents

d. All of the above

 

85. Section 74(2) of the BSA deals with

a. public documents

b. private documents .

c. certified copies of public documents

d. proof of other official documents

 

86. Public document under the BSA can be proved by:

a. Oral evidence

b. The writer of the certified copy

c. Certified copy

d. Any of the above

 

87. The procedure for getting certified copy of a public document is set forth in:—

a. Section 74, BSA

b. Section 75, BSA

c. Section 77, BSA

d. Section 78, BSA

 

88. Public document under BSA  can be proved by—

a. Certified copy

b. Oral evidence

c. The writer of certified copy

d. Any of the above

 

89. Public documents can be proved by—

a. certified copy

b. oral Evidence

c. oral evidence of the giver of certified copy

d. any of the above

 

90. Presumption as to genuineness of certified copies of documents is stated in Section of the BSA

a. 76

b. 78

c. 78

d. 80

 

91. In which Section of the BSA, provision for 'Presumption as to genuineness of certified copies' is given?

a. Section 78

b. Section 70

c. Section 79

d. Section 80

 

92. Which of the following is correct?

a. There is a presumption that maps of various States and Union Territories made by the Survey of India are accurae.

b. There is a presumption that map prepared by a registered architect for the purpose of a civil dispute is accurate.

c. Both (a) and (b)

d. Neither (a) nor (b)

 

93. Under the BSA, the maps prepared by the tehsildar appointed by the Court as a Court Commissioner in a suit for removal of encroachment and recovery of possession

a. shall be presumed to be accurate

b. may be presumed to be accurate

c. must be proved to be accurate

d. need no formal proof

 

94. Due execution and authentication of a power of attorney shall be presumed under Section 84 of BSA when executed before and authenticated by:

a. a notary

b. a judge

c. a magistrate

d. all of the above

 

95. Which kind of agreement can be presumed by the Court under Section 85 of the BSA?

a. Written Agreement

b. Oral Agreement

c. Electronic Agreement

d. None of the above

 

96. Which one of the following sections of the is related to presumption as to electronic agreement?

a. Section 81

b. Section 85

c. Section 88

d. Section 85

 

97. Presumption as to electronic agreements is provided in section of BSA.

a. 85

b. 86

c. 87

d. 88

 

98. Which of the following is an example of 'may presume'?

a. Presumption as to electronic records

b. Presumption as to digital signature certificate

c. Presumption as to electronic messages

d. Presumption as to electronic agreements

 

99. Period of thirty years under section 92 of BSA 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 tendered in evidence, when its genuineness becomes a subject of proof

d. all of the above

 

100. Execution of document may be presumed if the document is to be old:

a. Ten years

b. Twenty years

c. Thirty years

d. Forty years

 

101. Section 92 of the BSA applies to

a. testamentary documents

b. non testamentary documents

c. testamentary and non testamentary documents

d. none of the above

 

102. 'A' document is said to be in the handwriting of 'A'. That document is produced from proper custody. If the document is purporting or proved to be—

a. Thirty

b. Fifteen

c. Twenty

d. Twelve years old, court may presume that is in 'A's handwriting

 

103. When court may presume about the execution or document produced from proper custody? When the document is:—

a. Ten years old

b. Twenty years old

c. Thirty years old

d. Forty years old

 

104. Section 92 of the BSA creates presumption as to documents that are years old.

a. 5

b. 30

c. 7

d. 12

 

105. Thirty years old document is produced from a proper custody,

a. Court shall presume it's execution

b. Court may presume it's execution

c. Presumption not involved

d. None of the above

 

106. The presumption under Section 92 of the BSA can be drawn in respect of:

a. original documents only .

b. certified copies only

c. uncertified copies only

d. all the above

 

107. Which provision of the  BSA relates to presumption as to documents thirty years old (Ancient documents)?

a. Section 89

b. Section 92

c. Section 93

d. Section 91

 

108. Due execution of a document more than thirty years old coming from proper custody, is a:

a. rebuttable presumption of law

b. presumption of fact

c. irrebuttable presumption of law

d. none of the above

 

109. Where a thirty years old document is produced before the Court, it may presume

a. That the facts stated in the document ' are proved

b. That the document is duly executed

c. That the content of it are proved

d. All the above

 

110. In respect of a certified copy, thirty years old, which fulfills all the conditions laid under Section 92 of the BSA, the court

a. shall presume

b. may presume

c. will not presume

d. None of the above

 

111. Execution of document may be presumed if the document is to be old

a. Ten Years

b. Twenty Years

c. Thirty Years

d. Forty Years

 

112. The presumption under Section 92 of the BSA , can be drawn in respect of

a. original documents

b. certified copies

c. uncertified copies

d. all of the above

 

113. When is it not necessary to call the certifying writer of the document to prove the document?

a. when the document is not a will

b. when the document is 30 years old

c. (a) and (b) are correct

d. (a) and (b) are wrong

 

114. A document which is old will be presumed to be true by the Court, if it is:—

a. old for more than 5 years

b. old for more than 10 years

c. old for more than 20 years

d. old for more than 30 years

 

115. In cases where a document proved to be thirty years old is produced from proper custody, which of the following presumptions will the court make?

a. The court makes an irrebuttable presumption that the contents of the document is true.

b. The court shall presume that the person who had custody of the document is the executor of the document

c. The court may presume that the signature and handwriting is the signature and handwriting of the person to be and was duly executed and attested.

d. The Court shall not make any presumption as to its validity or its execution.

 

116. A document is said to be in the handwriting of 'A'. That document is produced from proper custody. If the document is purporting or proved to be—

a. Thirty

b. Fifteen

c. Twenty

d. Twelve years old. Court may presume that it is in 'A's' handwriting.

 

117. How many years old electronic record will be deemed to be proved, if it is produced from any custody which the court in the particular case considers proper?

a. Five years

b. Thirty years

c. Twenty years

d. Ten years

 

118. Court can presume about the legality of digital signature on electronic record under BSA when it is

a. 30 years old

b. 15 years old

c. 5 years old

d. 12 years old

 

119. Contents of documents may be proved:

a. by secondary evidence

b. by primary evidence

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

d. above all options are incorrect

 

120. Point out the incorrect answer Evidence may be:

a. Direct and indirect

b. Primary and secondary

c. Oral and documentary

d. Procedural and substantive

 

121. A person is seen with same bank notes immediately after a theft in bank. The presumption is

a. he has stolen the money

b. he has received the stolen money with required knowledge

c. either (a) or (b)

d. None of the above

 

122. There is a presumption of genuineness regarding the cause list on the Delhi High Court's Website

a. true

b. false

c. partially true

d. partially false

 

123. Which document is not admissible without formal proof?

a. Admitted Document

b. Medical Report

c. Report of Chief Inspector of Explosives

d. Report of a Director of the Fingerprint Bureau

 

124. What type of  secondary evidence relating to public documents may be given?

a. Oral evidence about contents

b. Certified copy of the document

c. Photostat copy

d. Written admission

 

125. When a    document purporting to be a power of attorney, duly authenticated as required by law is produced

a. the court can take it as conclusive proof

b. the court may presume its execution and authentication

c. the court shall presume its execution and authentication

d. nothing, is required to be proved

 

126. A disputed handwriting can be proved

a. By calling an expert

b. By examining a person acquainted with the handwriting of the writer of the questioned document

c. By comparison of the two-admitted & disputed

d. All the above

 

127. Which of the following is the best evidence?

a. Documentary evidence

b. Direct evidence

c. Hearsay evidence

d. Circumstantial evidence

 

128. When is it not necessary to call the certifying writer of the document to prove the document?

a. When the document is a will

b. When the document is 30 years old

c. Only (b)

d. (a) and (b) are wrong

 

129. A certified copy of a registered sale deed produced in evidence

a. will be proof of execution of the original and its registration

b. will be proof of execution only

c. will be merely proof of the fact that an original document was registered

d. will not prove anything in absence of original

 

130. Electronic record presented for inspection of the court under BSA is

a. Electronic evidence

b. Documentary evidence

c. Oral evidence

d. Modem evidence

 

131. When a party refuses to produce a document which he has notice to produce, can he use the document as evidence afterwards?

a. He cannot do so

b. He can use it with the consent of other party

c. He may use it by the order of court

d. Both (b) and (c)

 

132. Electronic record presented for the inspection of the Court under BSA is:—

a. Electronic evidence

b. Documentary evidence

c. Oral evidence

d. Modem evidence

 

133. Tape recorded statements are

a. Documentary evidence

b. Oral evidence

c. Both (a) and (b)

d. None of the above

 

134. A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A.

a. He cannot do so

b. He can do so with the consent of the other party.

c. He can do so with the order of the Court.

d. Both (b) and (c)

 

135. The word "Primary and Secondary evidence" is part of

a. Law of procedure

b. Principles of fair play

c. BSA

d. Banking and Security Law

 

136. Which of the following statements is correct?

a. Section 94 of the BSA does not apply to third parties

b. Section 94 of the BSA does not apply to criminal cases

c. Section 94 of the BSA does not apply if there is hot completed contract

d. Section 94 of the BSA does not apply to a contract if it cannot be specifically enforced

 

137. Which of the following observations is correct?

a. Section 94 and 95 of the BSA may not be abrogated by special law

b. Where section 94 does not apply section 95 also does not apply

c. The law of estoppel does not override sections 94 to 97 of the BSA

d. Section 94 and 95 apply even if there is no completed and binding contract

 

138. Where a bill of exchange is drawn in a set of five, how many of them need to be proved?

a. Five

b. Three

c. One

d. Two

139. Assertion (A): A gives B a receipt for money paid by B. Oral evidence is offered for the payment. The evidence is admissible.

Reason (R): A receipt is not a contract or grant in respect of which oral evidence r, is barred. Code:

a. Both A and R are true and R is the " correct explanation of A

b. Both A and R are true but R is not the correct explanation of A

c. A is true but R is false

d. A is false but R is trued

 

140. Assertion (A): Sections 94 and 95, BSA should be read together. Reason

 Reason (R):These two Sections supplement each other.

Code:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not the correct explanation of A

c. A is true but R is false

d. A is false but R is trued

 

141. A gives B a receipt for money paid by B. Oral evidence is offered to prove the non-payment—

a. The evidence is admissible

b. The evidence is not admissible

c. Section 92 of the BSA deals with this aspect

d. None of the above

 

142. ‘A’ gives 'B' a receipt for money paid by 'B' to 'A'. Oral evidence is offered of the payment. What is the status of evidence under Section 94 of the BSA?

a. It is admissible

b. It is not admissible

c. It is irrelevant

d. It is secondary evidence

 

143. Point out the incorrect statement:

a. If a contract is contained in several letters, all the letters in which it is contained, must be proved.

b. If a contract is contained in a bill of exchange, the bill of exchange must be proved.

c. If a bill of exchange is drawn in a set of three, one only need be proved.

d. If 'A' gives 'B' receipt for money paid by 'B', oral evidence is offered of the payment, the evidence is not admissible.

 

144. A, agrees, in writing, to sell a horse to B for "Rs. 1,000 or Rs. 1,500. To show which price was to be given, under BSA—

a. Evidence can be given

b. Evidence cannot be given

c. Evidence can be given by the Court's permission

d. Can be proved as secondary evidence

 

145. "Written document must be proved by writing only", this maxim has been incorporated under which of the following sections of BSA

a. Section 89

b. Section 94

c. Section 127

d. None of the above

 

146. Section 94 of the BSA

a. applies to

b. only to the transactions which under the law must be in writing

c. only to the transactions which are reduced into the writing

d. both (a) and (b)

 

147. Which of the following statements is correct?

a. Section 94 of the BSA does not apply to third parties

b. Section 94 of the BSA does not apply to criminal cases

c. Section 94 of the BSA does not apply if there is not completed contract

d. Section 94 of the BSA does not apply to a contract if it cannot be specifically enforced

 

148. Section 94 of the BSA

a. permits admission of oral evidence to prove 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) and (c).

 

149. BSA:

A' agrees absolutely in writing to pay 'B' Rs. 1000 on the 1st March, 2010. The fact that at the same time an oral agreement was made that the money should not be paid till the thirty-first March, cannot be proved.

 'A' Sells 'B' a horse and verbally warrants him sound. ‘A’ gives ‘B’ a paper in these words "Bought of ‘A’, a horse for Rs. 500". ‘B’ may prove the verbal warranty.

a. (A) incorrect, (B) correct

b. (B) incorrect, (A) correct

c. Both correct

d. Both incorrect

 

150. A and B make a contract in writing that B shall sell A a house, to be paid for on delivery. At the same time they make an oral agreement that three months" credit shall be given to A. Can evidence of this oral agreement be given in a court?

a. Yes, by A against a third party

b. Yes, by A against B or vice versa

c. Yes, by a third party against A or B

d. Yes, by a third party, only if he is affected, against A or B