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Under Section 33 of the Evidence Act, evidence of witness 'A' recorded in an earlier judicial proceedings can be produced in another judicial proceeding where:
A
Witness 'A' is alive
B
Witness 'A' is alive and is incapable of giving evidence
C
Criminal proceedings are pending against the witness 'A'
D
There was no right but opportunity of cross-examination of 'A' was granted in the first judicial proceedings
Correct Answer:
Witness 'A' is alive and is incapable of giving evidence
Which of the followingconditions has to be satisfied for the application of Section 14, Limitation Act, 1963?
1. Both the prior and subsequent proceeding are civil proceedings prosecuted by the same party
2. The prior proceedings had been prosecuted with due diligence and in good faith
3. The failure of the prior proceedings was due to defect of jurisdiction or cause of the nature
4. The earlier proceedings and later proceeding must relate to the same matter in issue
5. Both the proceedings are in Court
A
1, 3, 5
B
2, 4, 5
C
1, 5
D
All of these
Select the incorrect statements:
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence
3. The Indian Evidence Act applies to affidavits presented to Courts
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts
A
2 and 3 are incorrect
B
2, 3 and 4 are incorrect
C
1 and 3 are incorrect
D
None of the above is incorrect
Evidence of a witness in a previous proceeding would be admissible under section 33 of the evidence act only if the adverse party in the first proceeding had the right and opportunity to cross-examine the witness'. The statement is . . . . . . . .?
A
True
B
False
C
Partly correct
D
None of these
X had made some communications to his wife Y during their marriage under Section 122 of the Evidence Act, the correct proposition are:
1. X can be compelled to disclose such communications before the Court, if Y consents, in any proceeding.
2. X can be compelled to disclose such communication whether Y consents or not in any proceedings
3. Y can be compelled to disclose such communication whether X consents or not in a divorce proceedings between them
4. Y may be permitted by Court, if deems fit, to disclose any such communication in a criminal proceedings not between X and Y.
A
1, 3, 4 are not correct
B
1, 2, 3 are not correct
C
2, 3, 4 are not correct
D
2, 4 are not correct
Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because
A
Of summary nature of inquiry
B
Contempt matters are governed by special Acts
C
Contempt of courts does not require enquiry and the investigation
D
Contempt proceedings are tried in higher judiciary
Which of the following questions cannot be asked in cross examination?
1. Questions which are scandalous, but having the bearing on the question before the Court
2. In a proceeding of rape question as to the general immoral character of the victim
3. In a Civil proceeding, question to the witness whether he is a professional witness
4. Questions answer to which may tend directly or indirectly to incriminate the witness
A
1 and 2
B
2 and 3
C
3 and 4
D
1 and 4
Consider the following statements:
1. The words in section 145 are mandatory
2. The words in section 145 are discretionary
3. The proceedings under section 107 can be converted under section 145
4. The proceedings under section 107 cannot be converted under section 145.
Which of the statements given above are correct?
A
1 and 2
B
2 and 3
C
1 and 3
D
3 and 4
Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:
A
1, 2 and 3
B
2 and 4 only
C
3 and 4 only
D
2, 3 and 4
If the succeeding Judicial magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded, is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and reexamination, if any, as he may permit, the witness shall be discharged." This provision is mentioned under section . . . . . . . . of Criminal procedure Code.
A
326
B
325
C
311
D
319
Which of the following statements are correct?
1. Investigation is made by a police officer.
2. The object of police investigation is to collect evidence.
3. Investigation is a judicial proceeding.
4. Investigation is not a judicial proceeding.
Select the correct answer:
A
1, 2 and 3
B
1, 2 and 4
C
2, 3 and 4
D
1, 3 and 4