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Test: Oral and Documentary Evidence - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Oral and Documentary Evidence

Test: Oral and Documentary Evidence for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Oral and Documentary Evidence questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Oral and Documentary Evidence MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Oral and Documentary Evidence below.
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Test: Oral and Documentary Evidence - Question 1
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What does Oral Evidence primarily consist of in legal proceedings?

Detailed Solution for Test: Oral and Documentary Evidence - Question 1
Oral Evidence in legal proceedings primarily comprises verbal statements, gestures, or observed actions that a witness has directly perceived or heard. This type of evidence aims to establish key facts relevant to the case by directly presenting witness testimony.
Test: Oral and Documentary Evidence - Question 2
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What criteria did the court emphasize regarding evidence in the case of Amar Singh v. Chhaju Singh and Another?

Detailed Solution for Test: Oral and Documentary Evidence - Question 2
The court emphasized in the case of Amar Singh v. Chhaju Singh and Another that evidence must fulfill two criteria to be complete: the presence of relevant facts and direct testimony from a witness who has firsthand knowledge of those facts. This ensures the credibility and accuracy of the evidence presented.
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Test: Oral and Documentary Evidence - Question 3
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According to the Indian Evidence Act, which sections offer insights into methods for establishing the contents of a document?

Detailed Solution for Test: Oral and Documentary Evidence - Question 3
In the Indian Evidence Act, Sections 61 to 66 specifically offer insights into methods for establishing the contents of a document. These sections outline guidelines and procedures that can be followed to prove the contents of a document in a court of law. Understanding these sections is crucial for legal practitioners to effectively authenticate and establish the veracity of documentary evidence presented during legal proceedings.
Test: Oral and Documentary Evidence - Question 4
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What type of documents are governed by Section 75 of the Evidence Act and are typically communications between parties involved in a legal case?
Detailed Solution for Test: Oral and Documentary Evidence - Question 4
Private documents, as governed by Section 75 of the Evidence Act, encompass communications between parties involved in a legal case, such as letters, agreements, and emails. Courts generally show a higher level of acceptance towards public documents compared to private documents due to the lower risk of tampering.
Test: Oral and Documentary Evidence - Question 5
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According to Section 62 of the Indian Evidence Act of 1872, what is primary evidence considered to be?
Detailed Solution for Test: Oral and Documentary Evidence - Question 5
Primary evidence, as outlined in Section 62 of the Indian Evidence Act of 1872, is considered the most reliable type of evidence that offers the highest level of certainty regarding a particular fact. It is often referred to as the best or highest form of evidence available.
Test: Oral and Documentary Evidence - Question 6
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What does Section 63 of the Indian Evidence Act of 1872 define as secondary evidence?
Detailed Solution for Test: Oral and Documentary Evidence - Question 6
Section 63 of the Indian Evidence Act of 1872 defines secondary evidence as copies that have been verified as accurate representations of the original documents. Certified copies of documents are one form of secondary evidence, ensuring that the copied content is a faithful reproduction of the original. This provision is crucial in legal proceedings where the authenticity and accuracy of documents need to be maintained.
Test: Oral and Documentary Evidence - Question 7
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In what scenario is each counterpart considered primary evidence under an alternative interpretation of Section 62?
Detailed Solution for Test: Oral and Documentary Evidence - Question 7
According to an alternative interpretation of Section 62, when a document is signed in counterparts by the same parties, each counterpart is considered primary evidence against the signatories. This means that each separate part of the document carries equal weight as evidence, reinforcing the authenticity and validity of the agreement or contract. This provision ensures that all signatories are equally bound by the contents of the document, regardless of the specific counterpart they signed.
Test: Oral and Documentary Evidence - Question 8
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In legal proceedings, which of the following statements regarding secondary evidence is considered admissible?
Detailed Solution for Test: Oral and Documentary Evidence - Question 8
Secondary evidence in legal contexts plays a crucial role in substantiating claims when primary evidence is unavailable. Mechanically produced copies and copies that have been compared to the original document are typically admissible as secondary evidence since they aim to replicate the content of the original accurately, providing clarity and support for legal proceedings.
Test: Oral and Documentary Evidence - Question 9
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In the case of Anvar P.V. v. P.K. Basheer, what specific requirement did the court emphasize regarding evidence certification?
Detailed Solution for Test: Oral and Documentary Evidence - Question 9
In the case of Anvar P.V. v. P.K. Basheer, the court mandated compliance with section 65B of the Indian Evidence Act for evidence certification, marking a departure from previous practices where certification was not consistently enforced. This section outlines specific requirements for the admissibility of electronic evidence, emphasizing the importance of following legal procedures to maintain the integrity and authenticity of digital evidence in court proceedings.
Test: Oral and Documentary Evidence - Question 10
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What was the key decision made by the court in the case of Anvar P.V. v. P.K. Basheer regarding evidence certification?
Detailed Solution for Test: Oral and Documentary Evidence - Question 10
In the case of Anvar P.V. v. P.K. Basheer, the court made a significant decision by mandating certification for evidence and emphasizing compliance with section 65B as a specific requirement. This marked a departure from past practices where certification was not consistently enforced. Certification ensures the authenticity and integrity of electronic evidence, highlighting the importance of following proper procedures for evidence submission in legal proceedings.
Test: Oral and Documentary Evidence - Question 11
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In the legal proceedings of State (NCT of Delhi) v. Navjot Sindhu, what was the court's stance on cellular phone records as evidence?
Detailed Solution for Test: Oral and Documentary Evidence - Question 11
In the case of State (NCT of Delhi) v. Navjot Sindhu, the court clarified that cellular phone records are categorized as secondary evidence, with the primary evidence being the records maintained by telecom servers. Despite non-compliance with section 65B (4) certification requirements, the court allowed the evidence under sections 63 and 65 of the Indian Evidence Act. This decision underscores the court's approach to admitting evidence in cases involving electronic data and the standards applied to different types of evidence.
Test: Oral and Documentary Evidence - Question 12
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What distinguishes oral evidence from documentary evidence in a legal context based on the Indian Evidence Act?
Detailed Solution for Test: Oral and Documentary Evidence - Question 12
In the legal framework governed by the Indian Evidence Act, oral evidence is distinct from documentary evidence based on the specific sections that regulate each type. Oral evidence falls under sections 59 and 60, while documentary evidence is governed by sections 61 to 66. Understanding these distinctions is crucial for legal practitioners to navigate the nuances of presenting evidence in court.
Test: Oral and Documentary Evidence - Question 13
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When might oral evidence still be essential in legal scenarios despite the preference for documentary evidence?
Detailed Solution for Test: Oral and Documentary Evidence - Question 13
Oral evidence might still be essential in certain legal scenarios, especially when witness testimonies are conflicting. In such situations, oral evidence, typically in the form of witness testimonies, can provide valuable insights, perspectives, and clarifications that may not be evident from documentary evidence alone. The ability to cross-examine witnesses and assess their credibility can be crucial in resolving discrepancies and arriving at a fair and just decision in legal proceedings.
Test: Oral and Documentary Evidence - Question 14
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What is a distinguishing feature of oral evidence in legal proceedings?
Detailed Solution for Test: Oral and Documentary Evidence - Question 14
Oral evidence in legal proceedings is characterized by relying on statements made verbally by witnesses. This introduces a subjective element that can be prone to errors, as it is based on the spoken word rather than written records. This feature makes oral evidence unique in capturing firsthand accounts and emotions during legal proceedings.
Test: Oral and Documentary Evidence - Question 15
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What sets documentary evidence apart from oral evidence in legal contexts?
Detailed Solution for Test: Oral and Documentary Evidence - Question 15
Documentary evidence in legal contexts is based on written records or physical objects, providing a more reliable and permanent form of evidence compared to oral evidence. This tangible aspect of documentary evidence contributes to its objectivity and the weight it carries in legal proceedings, as it presents a more concrete representation of facts and events.
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