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A dying declaration is relevant evidence under section 32 of the Evidence Act notwithstanding it being hearsay evidence, because-
A
A statement by a person as to the cause of his death is grated in law as a solemn statement
B
If a person is dead and anything said by the person as to the cause of death is relevant, since the dead person cannot be brought beforethe court to testify, necessity makes it inevitable to admit said statement
C
Because it is believed that a person would not meet his maker with lies in the mouth
D
Because society owes a duty to dead persons to give them justice
Correct Answer:
Because it is believed that a person would not meet his maker with lies in the mouth
Admissions and confessions are-
1. Exception to the hearsay evidence
2. Part of hearsay evidence
3. Form relevant evidence
4. Admitted in evidence on proof
Select the correct answer:
A
1, 2 and 4
B
1, 3 and 4
C
1 and 2
D
2
A statement to become relevant under Section 32(1) of the Indian Evidence Act as dying declaration should have been made under which of the following circumstances?
A
It should have been made in relation to the succession to his property after his death
B
It should have been made under imminent expectation of death
C
It should be in relation to the cause of his death or circumstances of the transaction that resulted in his death
D
It should have been made in the will executed by him
Under the Evidence Act facts not otherwise relevant are relevant . . . . . . . .
1. If they are significant
2. If they are inconsistent with any fact in issue or relevant fact
3. If they make the existence or nonexistence of any fact in issue or relevant fact highly probable or improbable
Choose correct answer:
A
1, 2 and 3
B
2 only
C
1 and 2 only
D
2 and 3 only
A clause beginning with 'notwithstanding anything contained in this Act or in some particular provisions in the Act or in some particular Acts or in any law for the time being in force', is some times appended to a section in the beginning, with a view to give the enacting part of the section in case of conflict, an overriding effect over the provision or Act mentioned in that clause. Such a clause is called:
A
Stare decisis
B
Non obstante
C
Subsidiary clause
D
Ejusdem generis
A dying declaration under Section 32 of the Evidence Act is admissible in evidence-
A
Only when it is reduced in writing
B
Even when it is made to a police officer
C
Only when it is made to a Magistrate
D
Only when it is made in immediate presence of a Doctor
Consider following facts regarding effect of declaration made under section 34 of Specific Relief Act:-
1. Declaration is binding on the parties to the suit and persons claiming through them respectively.
2. Declaration binds all those persons who have knowledge of the suit and knowingly they do not become parties.
A
1 is right
B
2 is right
C
1 & 2 both are right
D
1 & 2 both are wrong
Consider the following statements in respect of the offence of robbery:
1. Causing fear of death may be relevant
2. Causing hurt may be relevant
3. Causing fear of hurt may be relevant
4. Causing wrongful restraint may be relevant
Which of the statements given above are correct?
A
1 and 2
B
2 and 4
C
1 and 3
D
3 and 4
Which of the following section of Evidence Act recognize the principle that "Hearsay evidence is no evidence"?
A
Section 60
B
Section 64
C
Section 91
D
Section 92
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
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