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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Examination of Witness under Indian Evidence Act - Judiciary Exams MCQ

Test: Examination of Witness under Indian Evidence Act - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Examination of Witness under Indian Evidence Act

Test: Examination of Witness under Indian Evidence Act for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Examination of Witness under Indian Evidence Act questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Examination of Witness under Indian Evidence Act MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Examination of Witness under Indian Evidence Act below.
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Test: Examination of Witness under Indian Evidence Act - Question 1
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What does Section 139 of the Evidence Act primarily govern in legal proceedings?

Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 1
Section 139 of the Evidence Act primarily governs the cross-examination of a person who has been called to produce a document. Cross-examination plays a crucial role in legal proceedings as it allows for the questioning of the opposing party's witness to test the accuracy and truthfulness of their statements. This section ensures that the process of cross-examination is conducted in a structured and lawful manner.
Test: Examination of Witness under Indian Evidence Act - Question 2
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According to Section 151 of the Evidence Act, what type of questions are considered "indecent and scandalous"?

Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 2
Section 151 of the Evidence Act specifically addresses questions that are deemed "indecent and scandalous." These types of questions are intended to offend dignity or propriety, rather than to extract relevant information in a legal context. Such questions are prohibited as they can disrupt the integrity and decorum of legal proceedings.
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Test: Examination of Witness under Indian Evidence Act - Question 3
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In legal proceedings, what does Section 144 of the Evidence Act primarily pertain to?

Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 3
Section 144 of the Evidence Act primarily pertains to evidence as to matters in writing. This section governs the admissibility and treatment of written documents as evidence in court. It establishes guidelines for presenting and examining written records to ensure their accuracy and relevance in legal proceedings.
Test: Examination of Witness under Indian Evidence Act - Question 4
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What are leading questions as defined in Section 141 of the Evidence Act?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 4
Leading questions, as defined in Section 141 of the Evidence Act, are queries that suggest the desired answer and are typically posed by the person asking the question. These questions are structured in a way that guides or leads the respondent towards a specific response, potentially influencing their answer.
Test: Examination of Witness under Indian Evidence Act - Question 5
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Under what circumstances does the Court permit the use of leading questions according to Section 142 of the Evidence Act?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 5
Section 142 of the Evidence Act specifies that even with the Court's approval, leading questions should not be directed towards the adverse party during examination-in-chief or re-examination. However, the Court permits questions regarding introductory or undisputed matters or those already sufficiently identified. This provision allows for the use of leading questions in certain specific situations during legal proceedings.
Test: Examination of Witness under Indian Evidence Act - Question 6
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What is the primary restriction on asking leading questions towards the adverse party during examination-in-chief or re-examination?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 6
The primary restriction, as outlined in Section 142 of the Evidence Act, is that leading questions should not be directed towards the adverse party during examination-in-chief or re-examination, even with the Court's approval. This restriction aims to ensure fairness and impartiality in the questioning process, especially when dealing with the adverse party in a legal context.
Test: Examination of Witness under Indian Evidence Act - Question 7
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According to Section 155 of the Evidence Act, what methods can be utilized to challenge the credibility of a witness?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 7
In accordance with Section 155 of the Evidence Act, one of the methods to challenge the credibility of a witness involves presenting testimony from individuals who believe the witness is untrustworthy based on their experience. This method allows for questioning the reliability and trustworthiness of the witness based on the perspectives of others who have observed their behavior or actions.
Test: Examination of Witness under Indian Evidence Act - Question 8
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In a scenario where a witness contradicts their current testimony with prior statements, what can be done with this contradiction according to Section 155 of the Evidence Act?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 8
As per Section 155 of the Evidence Act, when a witness contradicts their current testimony with prior statements, this contradiction is considered admissible as evidence. It allows for the presentation of conflicting statements made by the witness at different times, which can be crucial in assessing the credibility and consistency of their testimony.
Test: Examination of Witness under Indian Evidence Act - Question 9
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How does Section 155 of the Evidence Act address the requirement for a witness to provide reasons for challenging the credibility of another witness?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 9
According to Section 155 of the Evidence Act, a witness challenging the credibility of another witness is not mandated to provide reasons at the time of their testimony. However, the reasons can be explored and probed during the cross-examination process, allowing for a thorough examination of the basis for questioning the credibility of the other witness.
Test: Examination of Witness under Indian Evidence Act - Question 10
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Which scenario would NOT be considered admissible evidence based on the principles discussed?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 10

The scenario where a witness makes a statement that aligns with the evidence presented would not typically be considered admissible evidence. In legal proceedings, the focus is often on discrepancies or contradictions in witness statements or actions. This helps to assess the credibility of the witness and the reliability of their testimony. When a witness provides a statement that directly aligns with the evidence, it may not raise the same level of scrutiny compared to situations where inconsistencies exist, making it less likely to be admitted as relevant evidence.

Test: Examination of Witness under Indian Evidence Act - Question 11
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In the case of Jivan Lal Dage v. Nitmani, what was the specific circumstance under which the court permitted the plaintiff to refresh their memory using entries in their books of accounts?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 11
In the case of Jivan Lal Dage v. Nitmani, the court allowed the plaintiff to refresh their memory by looking at entries in their books of accounts when the plaintiff's brothers were unavailable in a timely manner. This decision showcases the court's consideration of unique circumstances where alternative methods of refreshing memory are necessary for a fair legal process.
Test: Examination of Witness under Indian Evidence Act - Question 12
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How can a witness legally refer to a copy of a document to refresh their memory during questioning?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 12
With court permission, a witness can refer to a copy of a document to refresh their memory if there is a valid reason for not presenting the original. This legal provision ensures that witnesses have access to relevant information to accurately recall details during legal proceedings.
Test: Examination of Witness under Indian Evidence Act - Question 13
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During questioning, in what circumstances can a witness or expert refer to a copy of a document to refresh their memory?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 13
Witnesses or experts can refer to a copy of a document to refresh their memory during questioning if there is a valid reason for not presenting the original document. This allowance is typically granted with court permission in situations where presenting the original document is not feasible or practical. It is important for the court to ensure that the reasons for using a copy are legitimate and justified to maintain the integrity of the legal process.
Test: Examination of Witness under Indian Evidence Act - Question 14
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In the legal precedent of Jivan Lal Dage v. Nitmani, what did the court allow the plaintiff to do in order to refresh their memory when certain individuals were unavailable?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 14
In the case of Jivan Lal Dage v. Nitmani, the court allowed the plaintiff to refresh their memory by looking at entries in their books of accounts when the plaintiff's brothers were unavailable. This decision was made under Section 159 and was considered valid by the court, even though the documents were filed late. It highlights the flexibility in legal proceedings to ensure that relevant information can still be used for memory recall under specific circumstances.
Test: Examination of Witness under Indian Evidence Act - Question 15
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What is the significance of witness examination in legal proceedings based on the provided content?
Detailed Solution for Test: Examination of Witness under Indian Evidence Act - Question 15
Witness examination holds paramount importance in legal proceedings, regardless of whether the case falls within the civil or criminal domain. Both procedural laws governing civil and criminal matters provide clarity on the process of examining witnesses. Sections 135 to 166 of the Indian Evidence Act delineate the nuances of witness examination, ensuring fair and systematic conduct during judicial proceedings.
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