Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
In which of the following cases the Supreme Court held that First information Report (FIR) was not substantive evidence and could only be used to corroborate its maker?
A
Anil Kumar v. B. S. Neelakanta, AIR 2010 SC 2715
B
Viveta Gazra v. State, AIR 2010 SC 2712
C
Union of India v. A. Kumar, AIR 2010 SC 2735
D
C. Magesh v. State of Karnaiaka, AIR 2010 SC 2768
Correct Answer:
C. Magesh v. State of Karnaiaka, AIR 2010 SC 2768
Choice the correct propositions:
1. Evidence of fingerprint expert is substantive evidence.
2. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.
3. Evidence of fingerprint expert is not substantive evidence.
4. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.
A
1 and 2 are true
B
2 and 3 are true
C
3 and 4 are true
D
2 and 4 are true
The propositions are
1. Delay and dispatch of FIR (First Information Report) is not the circumstance which can throw out prosecution case in its entirety.
2. Delay and despatch of FIR (First Information Report) is a circumstance which can throw out the prosecution case in its entirety.
3. The extraordinary delay in sending the FIR (First Information Report) is a circumstance which provides a legitimate basis for suspecting that the FIR (First Information Report) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvement,
Which of the following is correct in respect of the aforesaid preposition?
A
1 is true, 2 and 3 are false
B
1 and 3 are true but 2 is false
C
2 and 3 are true but 1 is false
D
3 is true, 1 and 2 are false
The propositions are:
1. Delay in despatch of the First information Report (FIR) is not a circumstance which can throw out the prosecution case in its entirety.
2. Delay in despatch of the First information Report (FIR) is a circumstance which can throw out the prosecution case in its entirety.
3. The extra-ordinary delay in sending the First information Report (FIR) is a circumstance which provides a legitimate basis for suspecting that the First information Report (FIR) was recorded much later than the stated date and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition
A
1 is true, 2 and 3 are false
B
1 and 3 are true, 2 is false
C
2 and 3 are true, 1 is false
D
3 is true, 1 and 2 are false
If a maker of dying declaration survives, his statement can be used under Indian Evidence Act, 1872:
1. As substantive evidence
2. To corroborate the testimony of maker if examined
3. To contradict the testimony of maker if examined
4. Cannot be used at all
A
2 and 3
B
1 and 2
C
1 and 3
D
4 only
E
None of the above
Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
A
Only 2 is correct
B
1, 2 and 3 are correct
C
2, 3 and 4 are correct
D
1, 2 and 4 are correct
A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
A
Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court
B
The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court
C
The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court
D
Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision
E
The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution
A' filed a FIR (First Information Report) giving details of a crime that he had committed. There were no exculpatory statements in the FIR (First Information Report) and gave all the details regarding the commission of the crime. Which of the following statements is accurate:
A
The FIR (First Information Report) is hit by Section 25 of the Indian Evidence Act and hence is inadmissible as an evidence. However, the fact that 'A' filed the FIR (First Information Report) is admissible under Section 8 of the Indian Evidence Act
B
Since the FIR (First Information Report) is confessional in nature, the fact that 'A' filed the FIR (First Information Report) is also not admissible in evidence
C
FIR (First Information Report) including confession is admissible under the Indian Evidence Act as it was voluntary and before arrest
D
It is admissible under Section 32(c) of the Indian Evidence Act
FIR (First Information Report) can be given by the accused also. If FIR (First Information Report) is given by the accused the same can be used
A
For corroboration of the accused
B
For contradiction of the accused
C
As an admission if the same is non-confessional
D
Against the accused as confession
Where the First information Report (FIR) discloses, prima facie, commission of a cognizable offence, and there is a delay in sending the First information Report (FIR) to the Magistrate, under section 157 of Criminal Procedure Code
A
The investigation must go on
B
The Magistrate can order for stopping of investigation on account of delay in sending the First information Report
C
The Magistrate can order for stopping of investigation irrespective of the delay in sending the First information Report
D
The Magistrate can order for stopping of investigation generally
Which of the following statements regarding the 'advisory jurisdiction of Supreme Court' is correct:
1. The opinion of Supreme Court may be sought by the President on any question of law or fact
2. In case the opinion of the Supreme Court is sought it is bound to give
3. The advice given by Supreme Court on matters referred to it is binding on the President
4. Advisory jurisdiction of Supreme Court can also be exercised over disputes arising out of references made over preconstitutional treaties
A
1 and 3
B
1 and 4
C
2 and 3
D
1, 2, 3 and 4