Legal Service • 2016 • Law Paper-III
Before the enforcement of Limitation Act of 1963 which law was governing the Limitation provisions?
A)
The Limitation Act of 1859
B)
The Indian Limitation Act, 1871
C)
The Indian Limitation Act, 1908
D)
None of these
Before 1963 Act, law was governed by Indian Limitation Act, 1908 (with earlier Acts of 1859, 1871).
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
Section 27 of the Limitation Act:
A)
bars remedy
B)
extinguishes the rights
C)
both (a) & (b)
D)
None of these
Section 27 Limitation Act provides that at determination of limitation period for suit for possession, right to property itself stands extinguished.
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
To protect e-mail, which of the following activity/activities is/are necessary?
A)
Do not open untrusted/unknown emails (spam)
B)
Do not keep your computer unattended to avoid misuse
C)
Always lock/shutdown the computer when not in use
D)
All of these
Email security requires not opening spam, not leaving system unattended, and locking/shutting down when not in use.
Legal Service • 2016 • Law Paper-III
Who can issue the digital signature certificate?
A)
Controller
B)
Certifying Authority
C)
both of the above
D)
none of these
A Certifying Authority issues Digital Signature Certificates; the Controller regulates and supervises CAs.
Legal Service • 2016 • Law Paper-III
When someone forcefully takes control of a website (by cracking the password and later changing it), it is called:
A)
Web Jacking
B)
Logic bombs
C)
Cyber terrorism
D)
None of these
Web jacking is hijacking a website by cracking password and taking control, analogous to hijacking.
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
Gaining of unauthorized access to data stored in a computer system is called
A)
Defacement
B)
Phising
C)
Hacking
D)
None of these
Unauthorized access to computer system/data is defined as hacking.
Legal Service • 2016 • Law Paper-III
‘An accomplice cannot corroborate another’. The statement is______
A)
True
B)
False
C)
Partly correct
D)
None of these
An accomplice may legally corroborate another accomplice; corroboration may be required as a matter of judicial prudence, but the proposition itself is false.
Legal Service • 2016 • Law Paper-III
Confession made to other person than police during police custody is not relevant unless it has been made immediately in presence of Magistrate. This provision has been made under________of the Indian Evidence Act
A)
Section 25
B)
Section 26
C)
Section 27
D)
Section 28
Section 26 concerns confessions by persons in police custody unless made in the immediate presence of a Magistrate.
Legal Service • 2016 • Law Paper-III
The period of limitation for filing a revision is
A)
180 days
B)
90 days
C)
60 days
D)
30 days
Article 131 Limitation Act provides 90 days for revision under CPC or CrPC from date of decree/order.
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
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
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
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
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
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
Provision of leading question is mentioned under _____of the Indian Evidence Act.
A)
141 to 143
B)
135to137
C)
142 to 144
D)
None of these
Leading questions are dealt with in Sections 141–143 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
A Communication made to the spouse from one another during marriage has been provided under _______the Indian Evidence Act,1872.
A)
Section 121
B)
Section 122
C)
Section 123
D)
Section 124
Spousal communications during marriage are protected by Section 122 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
The presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is________ unless non-access is proved by such man.
A)
rebuttable presumption
B)
conclusive proof
C)
mixed presumption
D)
none of these
This option matches the relevant definition, rule, or standard fact. Answer: conclusive proof.
Legal Service • 2016 • Law Paper-III
Provision regarding digital Signature has been mentioned under ____________of the Information Technology Act 2000.
A)
Chapter I
B)
Chapter II
C)
Chapter III
D)
ChapterIV
This option matches the relevant definition, rule, or standard fact. Answer: Chapter II.
Legal Service • 2016 • Law Paper-III
Which of the following acts as regulator as well as first-poll-of-call for cyber security incidents?
A)
Cyber Appellate Tribunal
B)
CERT-IN
C)
Intermediary
D)
Subscriber
This option matches the relevant definition, rule, or standard fact. Answer: CERT-IN.
Legal Service • 2016 • Law Paper-III
“Facts in issue” as used in the Indian Evidence Act means and includes
A)
facts, the existence, non-existence, of which is admitted by the parties
B)
facts, the existence, non-existence, of which is disputed by the parties
C)
both of the above
D)
none of these
This option matches the relevant definition, rule, or standard fact. Answer: facts, the existence, non-existence, of which is disputed by the parties.
Legal Service • 2016 • Law Paper-III
Confession made by one accused can be relevant against other accused if
A)
there is joint trial of both accused for same offence
B)
confession made by one accused affecting the other accused
C)
both (a) & (b) should be present together
D)
none of these
This option is the applicable definition, provision, or relationship. Answer: both (a) & (b) should be present together.
