Legal Bites brings to you Law of Evidence Mains Questions Series Part-VIII. 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-VIII
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-VIII of X
What do you understand by the doctrine of ‘feeding the grant by estoppels? What is the impact of the doctrine on the purchaser’s rights against the vendor’s imperfect title? Refer to statutory provisions? [H.R.J.S. 1998]
X purchased a house in a Court auction. A was a tenant in it from before and attorned the tenancy in favor of X and came to pay rent to X accordingly. X sold the house to Y. Both X and Y issued notice to A tenant to attorned the tenancy in favor of Y. But A declined to do so and assailed not only the derivative title of Y to the property- but also the validity of a sale in favor of X himself.
‘A’ alleged that one of the Decree holders whose rights were purchased by X in Court auction was in a subsequent civil proceeding held to be not having full saleable right in the property. The question is whether A can deny the title of X and Y? [D.J.S. 1991]
A mortgaged her land to B. She died without leaving an heir and her property went to State by escheat. State through Collector allotted the land to C, who deposited the mortgage money in terms of allotment letter. Collector then issued a letter of possession. B filed an injunction suit and after obtaining an ad interim injunction took possession of the land. C then filed suit for possession of the land. B questioned his title and pleaded that the title conveyance deed in favor of C has not been registered. Decide the suit. [D.J.S. 1990]
- Explain and illustrate the ‘Estoppel of the tenant and of licensee or person in possession’.
- Explain estoppel of the acceptor of a bill of exchange etc.
Distinguish estoppel from waiver.
Write short notes on “The plea of issue estoppels is not the same as the plea of auterfois acquit.”
- Is the principle of estoppel applicable in criminal cases? Can the accused be estopped from setting up a different story?
- Adoptive mother Rani Dharam Kunwar brought a suit for declaration that the adoption of defendant Balwant Singh was without authority and void. In this suit, it was found that the plaintiff had represented that she had the authority to adopt, and this representation was acted on by the defendant; that the ceremony of adoption was carried out on the faith of this representation, that the marriage of the defendant was likewise on the strength of it celebrated, and the defendant performed the shraddha ceremony of his adoptive father. It Ns as further found that the defendant had been obliged to defend a suit brought against him by an alleged reversioner to the estate of his adoptive father and that for this purpose he had incurred heavy liabilities.
State whether plaintiff Rani Dharam Kunwar could be estopped from maintaining this suit.
Discuss the test of the competency of a witness? Is a child, dumb or a Lunatic, competent witness? Also, discuss the competency of the wife as a witness against her husband. [U.P.C.J. 1985, Bihar J. 1987, 1991, 2000, 2014, U.P.A.P.O. 1982, 1994, 2002]
Is an old man of 102 years competent to testify? Give reasons and also refer to relevant provision, if any, on the point.
Is a rustic person a competent witness?
Is a person who is unable to speak or a ‘dumb’, a competent witness? If so, in what manner can he give evidence? Give reasons and also refer to relevant provision, if any, on the point.
Is the evidence given by a person in writing in the open court who is unable to speak, oral evidence, or documentary evidence? [U.P.A.P.O. 2002, CG.J.S. 2003]
What are Privileged Communications? Under what circumstances the privilege can be claimed? [M.P.C.J. 2012, U.P.C.J. 2006, 2013, 2016, BIHAR J. 1980, 1984, 1986, U.P.H.J.S. 1996]
Jolly informed John in the year 1988 that she had committed theft of the ornaments of her neighbor. Thereafter, Jolly and John were married in 1989. In the year 1992, the prosecution was started against Jolly in respect of the theft of ornaments. John is called to give evidence in this case. Can John disclose the communication made to him by Jolly? [U.P.H.J.S. 2007]
Explain the legislative policy behind Sections 123 and 162 of the Indian Evidence Act, 1872?
A makes communication to his wife B that he (A) has murdered C. B (wife) wishes to give evidence of this fact. Can she do so?
A stated to his wife that he would get her jewels and that he had gone to the house of B the deceased, to get them. A was later put on trial for the murder of B. Will the aforesaid statement made by the husband to wife be admissible in evidence against him? Give reasons. [U.P.H.J.S. 1978]
‘A’, the husband of B obtains the decree of divorce against B. After divorce, one day he suddenly meets B in the market and tells her that a few days back, he committed the murder of C. Is the communication made by A to B privileged under Section 122? [A.P.J.S. 1987]
‘W’, the wife of ‘H’ one day sees her husband ‘H’ while he was committing the murder of ‘D’. ‘W’ wants to depose against her husband ‘H’ regarding the murder of ‘D’. Can she do so?
A, a client says to B, an Advocate that he (A) has committed rape and wishes to be defended by him (B). B says that you have committed the most serious crime under I.P.C. and in his (B’s) view capital punishment should be awarded to a rapist and that he would give evidence against him. During the trial, B appears as a witness to give evidence against A regarding the commission of rape. Should the court record B’s evidence? Give reasons and also refer to relevant provisions, if any, under the Evidence Act. [U.P.C.J. 1986, D.J.S. 1996, Bihar J.S. 1979]
‘A’ a client says to ‘B’, a lawyer: “I wish to obtain possession of the property by the use of this forged deed, on which I request you to sue”. Is this communication protected from disclosure? [U.P.C.J. 1983, BIHAR J. 1978, W.B.J.S. 1991, 1995, and 1999, U.P.A.P.O. 1996, HR. J.S. 2001, D.J.S. 1971]
Who is an accomplice? Describe the relevancy- of Evidence of an accomplice support your answer with the help of statutory provisions also. [U.P.P.S.C.J. 2016, U.P.C.J. 1987, 2018]