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True or False: The doctrine of profert in curia states that original documents must be presented in court to maintain rights conferred by those documents. |
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The best evidence rule emerged primarily in response to the ___ of court clerks manually copying documents. |
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What sections of the Indian Evidence Act, 1872 pertain to the best evidence rule? |
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True or False: Justice Hardwicke argued that any evidence is admissible regardless of its quality. |
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False. Justice Hardwicke asserted that no evidence will be admissible unless it is the best evidence that nature will allow. |
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Fill in the blank: The best evidence rule aims to determine the ___ of documents presented in court. |
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The best evidence rule ensures that only the most reliable and original evidence is used in court, which helps to maintain the integrity of the judicial process and reduces the risk of inaccuracies due to errors in copied documents. |
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True or False: The principles in Sections 91 and 92 of the Indian Evidence Act are entirely unrelated. |
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False; Sections 91 and 92 complement each other in establishing the best evidence rule. |
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What did the Supreme Court state in Roop Kumar v. Mohan Thedani regarding proving writing contents? |
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The Supreme Court stated that Section 91 prohibits proving writing contents through any means other than writing. |
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Fill in the blank: In the case of Bakhtawar Singh v. Gurdev Singh, the court emphasized that when both ___ and ___ evidence are admissible, the court may prefer the more reliable evidence. |
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The principle that oral evidence cannot alter the terms of an already presented document is clarified by which section of the Indian Evidence Act? |
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True or False: Oral evidence can always be used to challenge the consideration in a document. |
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False. Oral evidence cannot challenge the consideration; as stated in Nabin Chandra v. Shuna Mala (1932), the consideration in a document cannot be questioned by presenting evidence of an alternative consideration. |
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Oral evidence can be introduced if a written agreement is silent on a specific term, such as ___. |
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What are the nine exceptions recognized by Sections 91 and 92 that permit oral evidence in relation to a document? |
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Validity of Documents, Matters on Which Document is Silent, Condition Precedent, Rescission or Modification, Usages or Customs, Relation of Language to Facts, Appointment of a Public Officer, Wills, Extraneous Facts. |
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True or False: Wills admitted to probate in India must be proved by oral evidence. |
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It allows oral evidence to be presented to establish the invalidity of a document. |
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Fill in the blank: Oral evidence may be used to prove incidents in a contract related to a specific ___. |
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In which case did the Supreme Court of India clarify the restrictions on oral evidence in relation to documents? |