Legal Service • 2016 • Law Paper-III
Documentary evidence may be____________
A)
Primary or secondary
B)
Attested or unattested
C)
Public or private
D)
All of these
Under Evidence Act documentary evidence can be classified as primary/secondary, attested/unattested, and public/private, so all apply.
Legal Service • 2016 • Law Paper-III
In which of the following cases, it was held that Section 27 of the Indian Evidence Act, 1872 is an exception to Sections-24, 25 and 26?
A)
Pakala Narain Swamy vs. King Emperor
B)
Inayatullah vs. State of Maharashtra
C)
State of U.P. vs. Deoman Upadhyaya
D)
P. Kottayya vs. King Emperor
State of U.P. v. Deoman Upadhyaya recognized Section 27 as an exception to Sections 24–26.
Legal Service • 2016 • Law Paper-III
Word ‘fact’ as used in the Indian Evidence Act, 1872 includes:
A)
only psychological fact
B)
only Physical fact
C)
Both (a) & (b)
D)
None of these
A 'fact' includes both physical facts and mental/psychological conditions under the Evidence Act.
Legal Service • 2016 • Law Paper-III
Limitation Act, 1983 does not apply to:
A)
Suit
B)
Appeal
C)
Certain applications including petition
D)
Writ petition
Limitation Act, 1963 governs suits, appeals and applications; writ petitions under Article 226/32 are not governed by it and are subject to laches.
Legal Service • 2016 • Law Paper-III
Section 23 of the Indian Evidence Act, 1872 deals with :
A)
Relevance of admission in Civil Cases
B)
Relevance of Oral Admissions as to Contents of Documents
C)
Relevance of Oral Admissions as to Contents of electronic record
D)
None of these
Section 23 of the Evidence Act deals with the relevancy of admissions in civil cases subject to its conditions.
Legal Service • 2016 • Law Paper-III
The Information Technology Act, 2000, is based on is based on:
A)
The UNCITRAL Model
B)
UNDP Model
C)
Both (a) & (b)
D)
None of these
The Information Technology Act is based substantially on the UNCITRAL Model Law on Electronic Commerce.
Legal Service • 2016 • Law Paper-III
Expert opinion is relevant for:
A)
Science
B)
Hand writing
C)
Finger impression
D)
All of these
Expert evidence can be relevant to science, handwriting and finger impressions.
Legal Service • 2016 • Law Paper-III
Which is not correct? The Controller may, if he is satisfied after making such inquiry, as he may think fit, that:
A)
a Certifying Authority has made a statement in, or in relation to, the application for the issue or renewal of the license, which is incorrect or false in material particulars
B)
a Certifying Authority has failed to comply with the terms and conditions subject to which the license was granted
C)
a Certifying Authority has failed to maintain the standards specified under clause (b) of sub-section (2) of section 20
D)
The license can be suspended for more than ten days even without giving certifying authority the reasonable opportunity of showing cause
A license cannot be suspended beyond the prescribed period without giving the Certifying Authority the required opportunity to show cause.
Legal Service • 2016 • Law Paper-III
Who can constitute Cyber Regulation Advisory Committee under the Information Technology Act, 2000?
A)
Central Government
B)
State Government
C)
High Court
D)
None of these
The Central Government constitutes the Cyber Regulation Advisory Committee.
Legal Service • 2016 • Law Paper-III
The examination of a witness by the Adverse Party shall be called:
A)
Examination-in-Chief
B)
Cross-Examination
C)
Re-Examination
D)
None of these
Examination by the adverse party is cross-examination.
Legal Service • 2016 • Law Paper-III
A dying declaration in India is admissible:
A)
if it is regarding cause of death
B)
there must be direct relationship between cause and effect
C)
the person making declaration must die
D)
All of these
A dying declaration is admissible when it concerns the cause/circumstances of death and the relevant statutory conditions are met; the intended option is all listed requirements.
Legal Service • 2016 • Law Paper-III
Limitation runs from the
A)
Date the plaint is returned
B)
Date of the order by which plaint is directed to be returned
C)
Depends
D)
None of these
When plaint is returned for presentation to proper court, limitation is computed from date of return for refiling, with benefit of Section 14 exclusion if prosecuted in good faith.
Legal Service • 2016 • Law Paper-III
Which among the following systems is followed in India?
A)
Adversarial System
B)
Inquisitorial System
C)
Both (a) & (b)
D)
None of these
India follows adversarial (accusatorial) system where two sides present case before neutral judge, unlike inquisitorial system.
Legal Service • 2016 • Law Paper-III
What is the limitation period regarding filing of a suit for arrears of maintenance?
A)
one year
B)
two years
C)
one to three years
D)
three years
Suit for arrears of maintenance carries 3 years limitation from when arrears become due.
Legal Service • 2016 • Law Paper-III
In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned
A)
shall be excluded
B)
shall be included
C)
both (a) & (b)
D)
none of these
Section 12(1) Limitation Act excludes the day from which period is reckoned in computing limitation.
Legal Service • 2016 • Law Paper-III
Where the writing containing the acknowledgement is undated:
A)
Oral evidence may be given of the time when it was signed
B)
Oral evidence may be given of its contents
C)
Both (a) & (b)
D)
None of these
Explanation to Section 18 Limitation Act allows oral evidence of date of signing when acknowledgement writing is undated.
Legal Service • 2016 • Law Paper-III
Who is known as father of Law of Evidence?
A)
Lord Macaulay
B)
Sir James F. Stephen
C)
Austin
D)
None of these
Sir James Fitzjames Stephen is commonly called the father of the modern law of evidence.
Legal Service • 2016 • Law Paper-III
The first Presiding Officer of the Cyber Appellate Tribunal was:
A)
Justice R.C. Jain
B)
Justice S.K. Krishnan
C)
Justice Karthik
D)
Justice Sadhna
Justice R.C. Jain was the first Presiding Officer of the Cyber Appellate Tribunal.
Legal Service • 2016 • Law Paper-III
What is the maximum penalty for damage to Computer, Computer systems, unauthorized access, download of data, infecting with virus, denial of access etc as per Section 43 of the IT Act,
A)
Rs. 50 lakh
B)
Rs. 1 crore
C)
Rs. 5 crore
D)
Rs. 75 lakh
Section 43 IT Act (pre-2008) provided compensation up to Rs. 1 crore for damage to computer systems.
Legal Service • 2016 • Law Paper-III
Which among the following is exception of the principle “hearsay evidence is no evidence”?
A)
Res gestae
B)
confession
C)
Admission
D)
None of these
Res gestae (facts forming part of same transaction) is an exception to hearsay under Section 6 of Evidence Act.
Legal Service • 2016 • Law Paper-III
Condonation of delay under section 5 is
A)
Mandatory
B)
Discretionary
C)
Depends
D)
None of these
Condonation of delay under Section 5 Limitation Act is discretionary; sufficient cause must be shown, court may admit after expiry.
Legal Service • 2016 • Law Paper-III
What is the limitation period in a suit by a landlord to recover possession from a tenant after the date the tenancy is determined?
A)
One year
B)
Two years
C)
Six years
D)
Twelve years
Article 139 Limitation Act (now 67) provides 12 years for landlord to recover possession after tenancy determined.
Legal Service • 2016 • Law Paper-III
The case Shreya Singhal vs Union of India related with
A)
Unconstitutionality of section 66A
B)
Unconstitutionality of section 66B
C)
Cyber pornography
D)
None of these
This option matches the definition or rule stated in the question. Answer: Unconstitutionality of section 66A.
Legal Service • 2016 • Law Paper-III
The selection of chairperson and members of the Cyber Appellate Tribunal shall be made by the Central Government in consultation with the
A)
President of India
B)
Chief Justice of India
C)
Minister, Information Technology
D)
None of these
This option matches the relevant definition, rule, or standard fact. Answer: Chief Justice of India.
Legal Service • 2016 • Law Paper-III
The Presiding Officer of a Cyber Appellate Tribunal shall hold office
A)
for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier
B)
for a term of five years from the date on which he enters upon his office or until he attains the age of sixty years, whichever is earlier
C)
for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier
D)
none of these
This option is the applicable definition, provision, or relationship. Answer: for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
