Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

MCQs based on Current SC Judgments- September 2023 21. As far as the comparison between ocular evidence and the opinion of medical experts goes, which statement is correct in this regard?a) Medical expert opinions should always take precedence over eyewitness accounts.b) Ocular evidence should be considered only if it matches the medical expert opinions.c) Ocular evidence holds greater importance than the opinion of medical experts.d) The opinion of medical experts is the sole determinant of guilt in criminal trials.Answer: c) Ocular evidence holds greater importance than the opinion of medical experts.Explanation: The Supreme Court in Rameshji Amarsingh Thakor v. State of Gujarat 2023 LiveLaw (SC) 804 emphasized in its judgment that ocular evidence holds greater importance than the opinion of medical experts, as evident in the case of Darbara Singh v. State of Punjab (2012) 10 SCC 476.Eyewitness Account Can't Be Discarded Merely Because Of Inconsistencies With Medical Evidence: Supreme Court22. In which case, the Supreme Court recently held that a Certified Copy Can Be Produced To Prove the Original Sale Deed In Trial?a) Mina Pun v. State of U.P. 2023 LiveLaw (SC) 724, 2023 INSC 776b) Drakshayanamma v. Girish, 2023 LiveLaw (SC) 709c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw (SC) 811d) State of Punjab v. Shika Trading Co., 2023 LiveLaw (SC) 721: 2023 INSC 773Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw (SC) 811Explanation: The Supreme Court recently made it clear that a certified copy of an original sale deed is admissible in evidence in a trial. This is as per Sections 65, 74, and 77 read with Section 79 of the Indian Evidence Act 1872 and Section 57(5) of the Registration Act.Certified Copy Can Be Produced To Prove Original Sale Deed In Trial : Supreme Court23. Which section of the Indian Evidence Act 1872 allows for the admissibility of certified copies of public documents as secondary evidence?a) Section 65b) Section 74c) Section 77d) Section 79Answer: c) Section 77Explanation: Section 77 of the Indian Evidence Act 1872 allows for the admissibility of certified copies of public documents as secondary evidence in proof of the contents of their originals.24. How does Section 74(2) of the Indian Evidence Act define "public documents"?a) Documents accessible to the general publicb) Documents created by government officialsc) Public records kept of private documentsd) Documents available for public inspectionAnswer: c) Public records kept of private documentsExplanation: Section 74(2) of the Indian Evidence Act defines "public documents" as public records kept of private documents, making sale deeds eligible for this classification.25. What does Section 79 of the Indian Evidence Act pertain to regarding certified copies?a) It pertains to the admissibility of certified copies without any conditions.b) It pertains to the genuineness of certified copies without any presumptions.c) It pertains to the presumption as to the genuineness of certified copies under certain conditions.d) It pertains to the admissibility of uncertified copies in evidence.Answer: c) It pertains to the presumption as to the genuineness of certified copies under certain conditions.Explanation: Section 79 of the Indian Evidence Act pertains to the presumption as to the genuineness of certified copies provided the existence of a law declaring certified copy of a document of such nature to be admissible as evidence.26. According to Section 57(5) of the Registration Act, what is required for copies given under this section to be admissible in evidence?a) They must be signed by two witnesses.b) They must be attested by a notary public.c) They must be signed and sealed by the registering officer.d) They must be certified by the seller.Answer: c) They must be signed and sealed by the registering officer.Explanation: Section 57(5) of the Registration Act states that all copies given under this section shall be signed and sealed by the registering officer to be admissible in evidence for proving the contents of the original documents27. What does the Supreme Court recommend regarding the framing of substantial questions of law in Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC)?a) Substantial questions of law must be framed during the trial stage.b) Substantial questions of law should be framed at the discretion of the High Court.c) Substantial questions of law should be framed at the admission stage.d) Substantial questions of law should be framed only after the trial is complete.Answer: c) Substantial questions of law should be framed at the admission stage.Explanation: The Supreme Court recently in Suresh Lataruji Ramteke V. Sau. Sumanbai Pandurang Petkar 2023 LiveLaw (SC) 821 recommends that substantial questions of law should ordinarily be framed at the stage of admission when dealing with Second Appeals under Section 100 of the CPC.In Second Appeal, High Court Must Frame Substantial ...

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

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Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Suraj Parmar

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