Important MCQs Based On Latest Supreme Court Judgments On Law Examinations

Q 1. The trial court convicted the accused in a murder case based on the deceased's mother's testimony deposing that her son (deceased) had made an oral dying declaration pointing out the names of the accused. However, the conviction was set aside by the High Court after noting material discrepancies in the deceased mother's testimony because in her Section 161 CrPC statements she didn't make any averments about the dying declaration while at the stage of trial, she deposed about the dying declaration made by the deceased to her. Decide.a. Oral dying made to a close relative requires cautious examination before convicting the accused.b. Material discrepancy that occurred in the deceased mother's testimony makes the authenticity of the oral dying declaration questionable and untrustworthy. c. Both (a) and (b)d. None of the AboveAnswer: Option (c)Explanation: The Supreme Court observed that when the conviction was based on the deceased's oral dying declaration to a close relative, the courts must exercise due caution in believing the testimony of the close relative to convict the accused.Case Title: The State of Madhya Pradesh Versus Ramjan Khan & Ors.Oral Dying Declaration Made To Close Relatives Requires Cautious Assessment Before Being Used To Convict Accused : Supreme CourtQ 2. The acquittal of the accused in a murder case was overturned by the High Court based on the accused failure to explain their plea of alibi that they weren't present in the house where the alleged offence took place. Decide in light of Section 106 of the Evidence Act.a. When the entire prosecution's case was based on circumstantial evidence, then the failure of the accused to justify their claim under Section 106 of the Evidence Act, despite having special knowledge about the incident, would create an additional chain of events strengthening the prosecution's case.b. The accused owes a duty to explain the circumstances that led to the death of the deceased when the offence was committed in the privacy of the house.c. If the accused remains quiet or offers a false explanation, then such a response would become an additional link in the chain of circumstances.d. All of the aboveAnswer: Option (d)Explanation: The Supreme Court observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872 (“IEA”).Case Title: UMA & ANR. VERSUS THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICES.106 Evidence Act | Accused Has Duty To Offer Explanations When Offence Was Committed Within Privacy Of Their House : Supreme CourtQ 3. The plaintiff claimed specific performance of the agreement to sell a property that was jointly owned by five persons (two brothers and three sisters). Despite knowing that the sisters (co-owners) haven't consented to the sale of the suit property, the plaintiff filed a suit for specific performance based on the oral assurance of the brothers that they will procure the sisters for the execution of the sale deed. Decide.a. Suit for specific performance of the contract can't be decreed in the plaintiff's favor as the plaintiff didn't ensure the participation and consent of the sisters to prove his readiness and willingness to perform the contract.b. When the property is jointly owned by several persons then it is incumbent upon the plaintiff to ensure the participation of every owner for sale deed execution.c. Both (a) and (b)d. None of the AboveAnswer: Option (c)Explanation: Recently, the Supreme Court observed that when the plaintiff seeks specific performance of the agreement to sell a property (being jointly owned by multiple persons), then the onus is on the plaintiff to ensure that all necessary consents and participations are secured to prove his readiness and willingness towards the performance of the contract.Case Title: JANARDAN DAS & ORS. VERSUS DURGA PRASAD AGARWALLA & ORSSpecific Relief Act | In Agreement To Sell Property Under Joint Ownership, Onus Is On Plaintiff To Secure Consent Of All Co-Owners : Supreme CourtQ 4. A gift deed was executed in favor of the donee having the donor's full consent to establish the Khadi and Yarn Industry on the gifted piece of land. However, after some time of Industry's establishment on the gifted land, the gift deed was revoked despite no right of revocation being reserved in the deed. Decide whether the gift deed could be revoked under Section 126 of the Transfer of Property Act, 1882.a. The gift deed could be revoked despite no right of revocation being reserved in the deed.b. When the gift deed was executed by the donor in favor of the donee setting out a purpose of a gift with no right reserved for its revocation in any contingency, then the fulfillment of the gift's purpose by the donee would make it a valid gift, rendering it irrevocable.c. The gift deed could be revoked when the donee...

Important MCQs Based On Latest Supreme Court Judgments On Law Examinations

Yash Mittal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Important MCQs Based On Latest Supreme Court Judgments On Law Examinations

Yash Mittal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers