Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
Evidences are adduced by the parties to the suit about the 'character'. As per the provisions of the Indian Evidence Act, which of the following is/are correct?<br>1. Evidence of the character in civil proceedings is irrelevant and inadmissible generally.<br>2. The character evidence is admissible if it affects the amount of damages which he ought to receive.<br>3. The character evidence is admissible in so far as such character appears from facts otherwise relevant.<br>Select the correct answer:
A
1 only
B
1 and 2 only
C
2 and 3 only
D
1, 2 and 3
Correct Answer:
1 and 2 only
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 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
Consider the following statements:
1. In criminal proceedings good character of the accused is always relevant
2. In criminal proceedings bad character of the accused is always relevant
3. In a civil case evidence of character of any person concerned is always admissible
4. A previous conviction is relevant as evidence of bad character
Which of the statements given above are correct?
A
2 and 3
B
1, 2 and 4
C
1 and 4
D
1, 2 and 3
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
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
Consider the following :
1. The perpetual struggle of Ins and Outs for political power turns the legislature into a battlefield and in this struggle the interests of the country are forgotten.
2. Parties encourage hollowness and insincerity. They divide not only the legislature but the nation into hostile camps. During national emergencies, parties can hardly transcend their petty differences and present a united front.
3. Parties often over-reach themselves and indulge in unwholesome and immoral activities live bribing the legislators
4. Parties tend to become antonomous and to regard organisations as important for their own sake. Principles are thus subordinated to success at polls and issues are not considered on merit.
Which of the above statements make a valid criticism of political parties?
Select the correct answer from the following:
A
1 and 2
B
1, 2 and 3
C
1, 2 and 4
D
1, 2, 3 and 4
In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?
A
Yes, the principle of res judicata will apply
B
No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'
C
No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai
D
No, because the plaintiff in the first suit is not the plaintiff in the second suit
The conciliation proceedings are terminated by:
1. signing of settlement agreement by parties.
2. conciliator, at his own, declaring in writing that further efforts are no longer justified.
3. written declaration by the parties to the conciliator that conciliation proceedings are terminated.
4. written declaration by one party to the other party and concilator that conciliation proceedings are terminated.
Select the correct answer using the given below:
A
1, 2, 3 and 4
B
3 and 4 only
C
1 and 2 only
D
1, 3 and 4 only
In criminal proceedings, under which of the following situations, the fact that the accused person has bad character, is relevant?
1. Where the character of the accused is in issue
2. When it affects damages
3. To rebut prior evidence of good character
4. Where the court is satisfied
Select the correct answer:
A
1 only
B
2 and 3
C
3 and 4
D
1 and 3
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