BSA MCQs Set-4
1. Which one of the following sections relates to Secondary evidence?
a. Section 55
b. Section 79
c. Section 58
d. Section 57
2. Which Section of the BSA provides that Documents shall be proved by primary evidence?
a. Section 56
b. Section 57
c. Section 58
d. Section 59
3. 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
4. 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
5. 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.
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. Which of the following Section defines public documents?
a. Section 28
b. Section 29
c. Section 74
d. Section 78
20. 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
21. 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
22. Public document includes
a. record of tribunal
b. record of court
c. record of public officers
d. all of the above
23. 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
24. 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
25. 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
26. 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
27. Which of the following is not a public document?
a. Affidavit
b. Judgement of court
c. Arrest-warrant
d. Will
28. 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
29. 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.
30. 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
31. 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.
32. 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
33. 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
34. 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
35. 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
36. 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 accurate.
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)
37. 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
38. 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
39. Which one of the following sections of the BSA is related to presumption as to electronic agreement?
a. Section 81
b. Section 85
c. Section 88
d. Section 86
40. 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—
a. Oral evidence can be given
b. Antecedents of the parties are to be seen
c. Oral evidence' cannot be given
d. None of the above
41. Section 95 of BSA applies to
a. Bilateral documents
b. Unilateral documents
c. Both (a) and (b)
d. Either (a) and (b)
42. Section 95 of the BSA is applicable to disputes between:
a. the parties to the instrument only
b. two strangers where the document is in question
c. a party to the instrument and a stranger
d. all of the above
43. A policy of insurance is affected on goods "in ships from Calcutta to London" The goods are shipped in a particular ship which has been lost. The fact that particular ship was orally excepted from the policy: —
a. can be proved
b. cannot be proved-
c. can be partly proved
d. none of these
44. 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 section 94 of the BSA.
b. Inadmissible under section 95 of the BSA
c. Admissible
d. Irrelevant
45. ‘A' agrees to sell to 'B' his white horse in writing. 'A' has two white horses and it becomes uncertain as to which horse was sold. Here in the document there is:
a. patent ambiguity
b. latent ambiguity
c. no ambiguity
d. none of the above
46. Oral evidence is not admissible to clarify the language used in a document when the language is
a. ambiguous or defective on its face
b. plain but not applying to the facts
c. plain but applying to two sets of facts
d. related with terms of regional nature
47. Latent ambiguity in a document means ambiguity:
a. not subject to clarification by oral evidence
b. apparent on the face of the document
c. of hidden character and for the clarification of which oral evidence may be given
d. not allowed to be proved by oral evidence
48. Section 96 of the BSA, applies to the:
a. Patent ambiguity
b. Latent ambiguity
c. Both (a) and (b)
d. None of these
49. For which of the following documents oral evidence cannot be given to remove any ambiguity?
a. Documents in reference to existing fact
b. Documents which need attestation by attesting witnesses
c. Documents containing illegible characters, provincial or local expressions
d. A 'will' to which the Indian Succession Act, 1925 applies
50. 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
51. The principle stated in Section 109 of the BSA is an application of the principle of
a. res gestae
b. res ipsa loquitur
c. res-judicata
d. rebus sic stantibus
52. Consider the following statements: In criminal proceedings the burden of proof is
1. on the prosecution to prove the guilt of the accused person.
2. on the accused to prove his innocence. Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
53. Which Section of the BSA is not on 'shifting of burden of proof'?
a. Section 104
b. Section 105
c. Section 108
d. Section 111
54. In criminal proceedings, the burden of proof is
a. on the prosecution to prove the guilt of the accused
b. on the accused to prove his innocence
c. on both the parties
d. court decides on whom the burden of proof lies
55. Which one of the following is correctly matched under the BSA?
a. Burden of Proof—Section 104
b. Dowry Death—Section 128
c. Dumb witness—Section 110
d. Accomplice—Section 125
56. In election petition the burden of proof lies on:
a. the person who contested election
b. the person who challenged election
c. Election Commission
d. Election agent
57. 'A' accused of murder, alleges that by grave and sudden provocation, he was deprived of the power of self-control. 'B' denies this fact
a. The burden of proof must be shared by both 'A' and 'B'
b. The burden of proof is on B
c. The burden of proof is on prosecution
d. The burden of proof is on 'A'
58. To prove the case of 'alibi' the burden lies on
a. The prosecution
b. The complainant
c. The witness
d. The accused
59. 'A' wishes to prove dying declaration by 'B'. 'A' must prove B's death. Which section of the BSA provides so?
a. Section 26
b. Section 106
c. Section 107
d. Section 105
60. 'A' wishes to prove a dying declaration by 'B'. The burden to prove that 'B' is dead is on:
a. the state
b. family members of 'B'
c. legal Heir of 'B'
d. 'A'
61. 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 of the above
62. Section 108 of BSA is intended to apply to which of the following?
a. Criminal trials
b. Civil suit
c. Both (a) and (b)
d. Neither (a) nor (b)
63. In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death. The burden to prove grave and sudden provocation is on:
a. The Prosecution
b. The Investigating agency
c. The Court
d. The Accused
64. Section 108 of the BSA requires that the Court presume the absence of such circumstances which brings a case within the purview of the General Exceptions in the BNS.
a. must
b. shall
c. may
d. ought to
65. Under BSA, in a trial, the burden of proving the plea of insanity of accused lies on:
a. Prosecution
b. Accused
c. Civil Surgeon to whom the accused was referred for examination
d. First on Prosecution then in reply upon accused
66. "A" is charged with travelling on a railway without a ticket, the burden of proving that he had a ticket is on:
a. Prosecution
b. Accused
c. Complainant
d. Prosecution witness
67. Which Section of the BSA is related with doctrine of ‘Res ipsa loquitor'7
a. Section 102
b. Section 104
c. Section 109
d. Section 108
68. 'A' is charged with travelling on a railway without ticket, the burden of proving that 'A‘ had a ticket is on—
a. Ticket checker
b. Railway
c. ‘A’
d. Prosecution
69. Section 109 of the BSA is based on the principle of:
a. res gestae
b. res ipsa loquitur
c. res judicata
d. none of these
70. 'Any person' in Section 109 of the BSA, refers to
a. a party to the suit
b. a stranger to the suit
c. a witness
d. none of the above
71. A person is presumed to be alive if it is shown that he was alive within years.
a. Fourteen
b. Twenty
c. Seven
d. Thirty
72. 'Presumption of survivorship' is contained in:
a. Section 109 of the BSA
b. Section 110 of the BSA
c. Section 111 of the BSA
d. Section 112 of BSA
73. Section 111 of the BSA provides that when a man has not been heard of for seven years by those who would have heard of him if he had been alive, the burden of proving that he is alive shifts on the person who affirms it.
a. naturally
b. normally
c. usually
d. ordinarily
74. The burden of proof regarding continuance of life for thirty years is contained in
a. Section 109 of the BSA
b. Section 110 of the BSA
c. Section 111 of the BSA
d. Section 112 of the BSA
75. '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
76. For presumption of death under Section 111 of the BSA, the person is shown to be not heard for a period of:
a. Three years
b. Seven years
c. Twelve years
d. Thirty years
77. A man is alive unless nothing has been heard about him for seven years:
a. it is presumption of law
b. it is natural presumption
c. it is presumption of fact
d. none of the above
78. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive, the presumption then arises that he is dead. What shall be the presumption as to time of death of such person?
a. The presumption is that the man died on the date seven years after he was last heard
b. The presumption is that the man died at the beginning of the particular period during these seven years
c. Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact
d. The presumption is that the man died on the date of judicial pronouncement
79. The good faith of a sale by a client to an attorney is in question in a suit brought by the client—
a. The burden, of proving the good faith of the transaction is on the attorney
b. The burden of proving the good faith of the transaction is on the client
c. Both (a) and (b)
d. None of the above
80. Section 114 of the BSA speaks of such situations where one person stands in a position of to the other person.
a. active faith
b. passive faith
c. active confidence
d. confidence
81. According to the BSA, which one among the following statements is not correct?
a. When it is shown that a person was alive within thirty years, the burden of proving that he is dead is on the person who affirms it
b. When it is shown that a person was not heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is on the person who affirms it
c. When it is shown that a person is in possession of anything, the burden of proving that he is not the owner is on the person who affirms that he is not the owner
d. When it is shown that one person stands to the other in a position of active confidence, the burden of proving the good faith of a transaction between them is on the party that reposed confidence in the other.
82. Which Provision of the BSA provides that birth during marriage is conclusive proof of legitimacy?
a. Section 113
b. Section 114
c. Section 116
d. None of the above
83. In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 116 of BSA arises:
a. If the father is alive on the day the child is born
b. If the father is not alive on the day the child is born
c. Irrespective of whether the father is alive or dead on the day the child is born
d. Either (a) or (b)
84. Section 116 of the BSA, provides for:
a. Presumption of life
b. Presumption of marriage
c. Presumption of death
d. Presumption of legitimacy
85. Section 116 of the BSA applies when there is a dispute regarding
a. maternity of child
b. paternity of child
c. both (a) and (b)
d. either (a) or (b)
86. The Court draws a presumption of legitimacy when any person is born during the continuance of a valid marriage between his mother and any man .This presumption is relevant under Section 116 of the BSA when there is a dispute relating to the
a. maternity of the child
b. paternity of the child
c. both maternity and paternity
d. guardianship of the child
87. 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
88. The rigor of conclusive presumption of legitimacy under Section 116 of the BSA can only be rebutted by:
a. DNA testing about paternity
b. non-access of parties
c. the fact that wife was observing the menstrual period
d. the fact that the wife had undergone tubectomy recently
89. Presumption under Section 116 of the BSA is raised
a. when a child is born during the continuance of valid marriage
b. when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried
c. both (a) & (b)
d. neither (a) nor (b)
90. If a child is born within days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child
a. 270
b. 275
c. 280
d. 285
91. Select the most appropriate statement.
a. A child born during marriage is a conclusive proof of legitimacy.
b. A child born during marriage may be presumed as legitimate child.
c. A child born during marriage shall be considered as a conclusive proof of legitimacy unless rebutted.
d. No presumption will be drawn about a child born during marriage.
92. Presumption under Section 117 of BSA pertains, to
a. Dowry death
b. Custodial death
c. Abatement of suicide by a married woman
d. Absence of consent in certain prosecutions for rape
93. Under which Section of the BSA the presumption as to abetment of suicide by a married woman is dealt?
a. Section 117
b. Section 118
c. Section 114
d. Section 116
94. Court will presume an abetment of suicide by a married woman, when it is shown that she committed suicide within a period of of her marriage:
a. Three years
b. Five years
c. Seven years
d. Ten years
95. Presumption as to dowry death is laid down in
a. Section 118
b. Section 114
c. Section 117
d. Section 115
96. Which one of the following is not the pre-requisite of presumption as to dowry-death under Section 118 of BSA?
a. Victim was subjected to cruelty or harassment by her husband or relatives
b. Victim had illicit relationship with other male person
c. Such cruelty or harassment was for connections with any demand for dowry
d. It was done within 7 years of the marriage
97. What does Section 118 of BSA deal with?
a. Oral evidence
b. Abetment of suicide
c. Dowry death
d. Legitimacy of child
98. An accused charged under section 103 and 80 of the BNS is acquitted of the offence under section 103 of BNS. The presumption under section 118 of the BSA is:—
a. automatically refuted
b. not refuted
c. not relevant
d. irrelevant and otiose
99. Which is not a precondition to raise a obligatory presumption u/s 118 of The BSA?
a. The accused is being tried for the offence under section 4 of the Dowry Prohibition, 1961
b. The deceased woman was subjected to cruelty or harassment by her husband or his relative
c. Such cruelty or harassment was for, or in connection with any demand for dowry
d. Such cruelty or harassment was soon before her death
100. Section 119 of the BSA provides for certain:
a. presumption of fact
b. rebuttable presumptions of law
c. irrebuttable presumptions of law
d. none of the above
101. In which of the following cases, the court may presume under Section 119:
a. That a man in possession of stolen goods after the theft is either the thief or has received the goods knowing them to be stolen.
b. That judicial and official acts have been regularly performed.
c. That evidence which could be and is not produced would, if produced, be unfavorable to the person withholding it (e.g. the police withholding a piece of evidence).
d. All of the above.
102. Section 119 of the BSA provides which of the following?
a. The Court may ask questions to parties.
b. The Court may stop proceedings.
c. The Court may presume existence of certain facts.
d. The Court may call upon extra proof.
103. Under Section 119 of BSA, Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of
a. Natural events
b. Human conduct
c. Public and private business
d. All of the above
104. The court may presume that
a. when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.
b. judicial and official acts have not been regularly performed.
c. a bill of exchange, accepted or endorsed, was accepted or endorsed for deficient consideration.
d. All these are incorrect.
105. What is provision about an 'Accomplice'?
a. He is not a competent witness
b. His evidence is irrelevant
c. His evidence should be believed blindly
d. His evidence is relevant under Section 119 and 138 of BSA
106. In a prosecution for rape, where sexual intercourse by the accused is proved and the woman states in her evidence before the court that she did not consent,
a. the court may presume that she did not consent
b. the court may regard her evidence as conclusive proof that she did not consent
c. the court may require further proof that she did not consent
d. the court shall presume that she did not consent
107. The presumption under section 120 is a:—
a. rebuttable presumption
b. presumption of fact
c. mixed presumption of law and fact
d. irrebuttable presumption of law
108. Section 120 of the BSA is related to
a. Presumption as to abetment of suicide by a married woman
b. Presumption as to abetment of suicide by a woman
c. Presumption as to absence of consent in certain prosecution for rape
d. None of the above
109. In a case where a doctor commits rape on a woman of 30 years of age under his treatment and the woman says that she did not consent, the court:—
a. will need proof
b. shall presume that she did not consent
c. may need corroboration .
d. may presume or may not presume her consent
110. In criminal proceedings the burden of proof lies:
a. on persecution to prove the guilt of accused beyond reasonable doubt
b. on accused to prove his innocence
c. on both the parties
d. depends on the facts of each case
111. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive; the presumption then arises that he is dead. What shall be the presumption as to time of death of such person?
a. The presumption is that the man died on the date seven years after he was last heard
b. The presumption is that the man died at the beginning of the particular period during these seven years
c. Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact
d. The presumption is that the man died on the date of judicial pronouncement
112. Question of mode of proof is:
a. A question of law which can be raised at any time
b. A question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity
c. A question of procedure and can be raised at any time
d. A mixed question of law and fact
113. 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
114. Burden of proof:
a. partially determines the right to begin
b. substantially determines the right to begin
c. wholly determines the right to begin
d. none of the above
115. Burden of proof is lightened by
a. Presumption
b. Admissions
c. Estoppel
d. All of the above
116. Sections 104 to 114 of the BSA lays down provisions regarding who is to lead evidence and prove the case. These rules are called rules relating to:
a. Burden of proof
b. Presumption of fact
c. Presumption of law
d. Presumptions
117. From presumption an inference may be drawn which may be:
a. affirmative only
b. disaffirmative only
c. affirmative or disaffirmative
d. none of these
118. Which of the following is correct?
a. Rebuttable presumption arises that a man is alive if it is shown that he was alive within thirty years.
b. Rebuttable presumption arises that a man is dead if it is proved that he has not been heard of for seven years by those who would naturally have heard from him if he had been alive.
c. Both (a) and (b)
d. None of these
119. In which chapter of BSA provisions regarding Burden of proof are codified
a. Chapter IV
b. Chapter V
c. Chapter VI
d. Chapter VII
120. Rules as to burden of proof are:
a. rebuttable presumptions of law
b. irrebuttable presumptions of law
c. rebuttable presumptions of fact
d. irrebuttable presumptions of fact
121. Under Section 117 of the BSA the Court presume and under Section 118 of the BSA, the Court presume:
a. may, shall
b. may, may
c. shall, shall
d. shall, may
122. Statement A: The presumption under Section 117 of BSA is not attracted if the marriage took place more than seven years prior to the suicide of woman, even if the cruelty is established by prosecution.
Statement B: By the introduction of Section 117 of BSA, the prosecution is not required to prove the facts beyond reasonable doubt against the accused.
Which of the statement is correct?
a. Statement A
b. Statement B
c. Both statement A & B
d. None of the statements
123. A, an illiterate person, executes some document in favour of B. The burden of proof lies on:—
a. A, an illiterate person
b. B, in whose favour document has been executed
c. Both (a) and (b)
d. inference should be drawn from document executed
124. Burden to prove of adverse possession is on
a. Court
b. Plaintiff
c. Defendant
d. None of the above
125. Assertion (A): Even for a child immediately after marriage, presumption of legitimacy under section 116 of the BSA would apply.
Reason (R): The legislature which extended the period of operation of the presumption by 280 days after dissolution of marriage did not chose to exclude any minimum initial period of matrimony for the application of the presumption.
Find the correct response:
a. Both (A) and (R) are true and (R) is correct explanation of (A).
b. Both (A) and (R) are true and (R) is not correct explanation of (A).
c. (A) is true but (R) is false.
d. (A) is false but (R) is true.
126. Who among the following is liable to explain the injuries to the accused in a murder trial?
a. The accused
b. The prosecution
c. The witnesses
d. None of these
127. The Principle of Promissory Estoppel found its root:
a. As an exception to the doctrine of consideration in the law of contract
b. As a rule of future consideration in the law of contract
c. As a rule of past consideration in the law of contract
d. None of the above
128. In which of the following cases the Supreme Court raised doubts regarding the applicability of the doctrine of equitable estoppel beyond Section 121 BSA?
a. Mercantile Bank of India Ltd. v. Central Bank of India Ltd.
b. Madanappa v. Chandramma
c. Turner Morrison and Co. v. Hungerford Investment Trust Ltd.
d. Sitaram v. State of U.P.
129. A person cannot deny a statement previously made
a. Estoppel
b. Waiver
c. Denial
d. None of these
130. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.
a. A must not be allowed to prove his want of title.
b. A must be allowed to prove his want of title.
c. The court will decide.
d. None of the above.
131. What is estoppel?
a. Prohibition from proving certain facts
b. Prohibition from claiming property
c. To stop a person
d. None of the above
132. Estoppel
a. Is a cause of action in itself
b. Creates a cause of action
c. Both (a) & (b) are correct
d. Neither (a) nor (b) is correct
133. Which of the following does not figure in section 121 while dealing with applying the principle of Estoppel;
a. Conduct
b. Act
c. Omission
d. Declaration
134. Which Section of the BSA, is founded upon the doctrine laid down in "Pickard v. Sears'?
a. Section 4
b. Section 32
c. Section 121
d. Section 167
135. Estoppel can be by:
a. attestation
b. recital in deed
c. standing by
d. all of these
136. Section 121 of the BSA deals with
a. estoppel
b. estoppel of tenant
c. estoppel of acceptor of bill of exchange, bailee or licensee
d. evidence as to affairs of state
137. The principle which preclude a person from denying some statement previously made by him is known as
a. Admission
b. Confession
c. Res sub judice
d. Estoppel
138. The doctrine of estoppel means:
a. Not to make statement in consonance to the earlier statement
b. Restriction to make statement contrary to the earlier statement/ admission
c. Res judicata
d. Vague statement
139. Which one of the following under BSA is not a kind of estoppel?
a. Estoppel by will
b. Estoppel by deed
c. Estoppel by conduct
d. Estoppel by record
140. Which of the following statement is incorrect in the context of "Estoppel" as dealt in Section 121 of BSA:
a. There must be a representation by a person to another
b. The representation must be in writing
c. The other person must have acted upon such representation taking it as true
d. The other person should have suffered some prejudice, detriment or disadvantage by acting upon or by reason of such representation.
141. Which of the following statements is correct?
a. Section 121 of the BSA applies to contracts by infants
b. Pardanashin ladies are exempt from estoppel
c. A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal
d. An admission by an advocate even if it is erroneous in law is binding on his client
142. The case of Sarat Chander Dey v. Gopal Chander Laha, (1891) 19 LA 203 is related to which of the following section of BSA?
a. Section 4
b. Section 121
c. Section 124
d. Section 45
143. Section 122 of the BSA is applicable to:
a. movable Property
b. immovable Property
c. intellectual Property
d. All of the above ,
144. Under which section of BSA, a tenant of immovable property is estopped from denying a title of the landlord to that property?
a. Section 121
b. Section 122
c. Section 117
d. None of the above
145. Which of the following statements is correct:
a. Estoppel is not 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 cannot be estoppel when the truth of the matter is known to both parties
146. ‘ Mark the correct statement—
a. The doctrine of estoppel is applied only in civil matters
b. The doctrine of estoppel is applied only in criminal matters
c. The doctrine of estoppel is applied in civil and criminal matters
d. All the above statements are wrong
147. Estoppel is:
a. rule of evidence
b. used as defense
c. rule of equity
d. all the above
148. An accomplice is a person
a. who participates in the commission of crime with the charged accused
b. who is a prefunded confederate
c. who is an informer
d. all the above
149. Which one of the following is not a case on Estoppel?
a. Palvinder Kaur v. State of Punjab
b. Pickard v. Seers
c. Sri Krishna v. Kurukshetra University
d. Sarat Chand Dev v. Gopal Chand Laha
150. Estoppel can be:
a. by silence
b. by negligence
c. by election
d. all the above