Law of Evidence Mains Questions Series Part-X: Important Questions for Judiciary, APO & University Exams | Part - X of X

Legal Bites brings to you Law of Evidence Mains Questions Series Part-X. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.

Law of Evidence Mains Questions Series Part-X

We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.

Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.

Law of Evidence Mains Questions Series Part-X of X

Question 1

Who is to decide when question shall be asked and when witness be compelled to answer?

Question 2

When question with reasonable grounds shall be asked?

Question 3

Write notes on the following:

1. The procedure of the Court in case of the question being asked without reasonable grounds.
2. Indecent and scandalous questions.
3. Questions intended to insult or annoy.

Question 4

An advocate asks questions without reasonable ground from a witness. What procedure should the court adopt?

Question 5

When is the evidence to contradict answers to questions testing veracity be excluded?

Question 6

A witness is asked whether he was dismissed from the service of the Corporation of Ambala for dishonesty. He denied. Evidence is offered to prove that he was dismissed for dishonesty, is it admissible? Give reasons.

Question 7

‘A’, a witness is asked whether he was dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. Is this evidence admissible? [BIHAR H.J.S. 2002, W.B.J.S. 1999, BIHAR J., 1979, U.P.A.P.O. 1998 and 1996, H.R.J.S. 1998]

Question 8

A, a witness is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. Can evidence be given to contradict him? [U.P.A.P.O. Exam. 1998]

Question 9

Whether the evidence of a witness who has been declared hostile can be relied on. Explain with the latest judgments. [M.P.H.J.S. 2018, M.P.C.J. 2003, BIHAR J. 1975, C.G.J. 2003, U.P.C.J.S. 1987, 2018, U.P.H.J.S. 1996, 2014, M.P.H.J.S. 2013]

Question 10

Comment briefly on the following:

“It is not open to the prosecution in a criminal trial to cross-examine their own witness unless the Court declares him to be a hostile witness”. [D.J.S. 1999]

Question 11

Can a court allow a party to call a witness to put a question in the nature of cross-examination at the stage of re-examination? Give reasons and also refer to the case law, if any, on the point.

Question 12

Can a party cross-examine a witness called by him? If so, when? Give reasons. [U.P.A.P.O. 1982, 1994]

Question 13

How can the credit to a witness be impeached? Give illustrations. [U.P.C.J. 2012, U.P.H.J.S. 2009, BIHAR J. 1997, 1980, 1984, U.P.A.P.O. 1996, M.P.H.J.S. 2012]

Question 14

In what manner credit of a witness can be impeached? Refer to the Section of the Indian Evidence Act in support of your answer. [U.P.C.J. 2012, Bihar J. 1978, 1980, 1984, U.P.H.J.S. 2009]

Law of Evidence; Notes, Case Laws And Study Material

Question 15

Short note on:

1. Stock Witnesses [D.J.S. 1984/1990]
2. Material Witnesses [D.J.S. 1984]

Question 16

What are the provisions for refreshing the memory by a witness? Give illustrations.

Question 17

When are questions tending to corroborate evidence of relevant fact admissible? When can former statements of a witness be proved to corroborate later testimony as to the same fact? What matters may be proved in connection with proved statement relevant under Sec. 32 or 33?

Question 18

A makes a statement to her husband immediately after she was raped by B. Is this statement admissible as corroborative evidence? [U.P.A.P.O Exam. 1997]

Question 19

Write notes on the following:

1. Testimony to facts stated in document mentioned in Sec. 159. [BIHAR J. 1979]
2. Right of adverse party as to writing used to refresh memory.
3. Production and translation of documents.

Question 20

Write notes on the following:

1. Giving as evidence, of the document called for and produced on notice.
2. Using as evidence, of document production of which was refused on notice.

Question 21

Who is an ‘Attesting witness’? Can the subscriber be an attesting witness? Give reasons.

Question 22

Father allegedly executed Will one day before his death bequeathing all his properties to the sons of daughter A. Daughter B assailed its validity. Evidence showed that the testator was ill for some time and lived with A six months prior to his death in August 1985; B was financially well settled and happily married; testator could sign; Will had his thumb mark; attesting witness and scribe deposed about due execution of the Will; propounder fetched professional scribe to his house where Will was executed; scribe saw the testator covered with a quilt with whom he did not talk; the properties were mentioned in the Will generally and not specifically. Decide suit.

Question 23

Discuss the power of a Judge to put question or order production.

Question 24

Can improper admission or rejection of evidence be a basis for a new trial or reversal of any decision in any case? [H.R. 2006]

Question 25

Write short notes on any two of the following:

1. The Presiding Judge of a criminal trial should not be a spectator and a mere recording machine.
2. Difference between the judgment per incuriam and judgment sub-silentio.
3. Evidentiary value of a dying declaration made in Tamil, translated in Hindi by a Tamil knowing doctor and recorded in Hindi by Magistrate who does not understand Tamil.
4. Test identification does not constitute substantive evidence.
5. The plea of issue estoppel is not the same as the plea of autrefois acquit.

Question 26

Explain:

1. Evidence has to be weighed and not counted.
2. Doctrine of Bar of autrefois acquit and autrefois convict.
3. Retracted confession.

Question 27

The improper admission or rejection of evidence shall not be a ground for reversal of judgment or for a new trial of the case if the court considers that independently of the evidence improperly admitted there was evidence enough to justify the decision or that if the rejected evidence had been admitted is ought not to have varied the decision. Discuss fully. [U.P.P.C.S.J. 1982]

Law of Evidence; Notes, Case Laws And Study Material