Qanoon e Shahadat Order 1984 Law GAT MCQs Test 4

1. Question 1 of 50

   When any fact is especially within the knowledge of any person, the burden of proving that fact is upon:

   A That person B No one, since it is presumed C The prosecution alone in every case D The court itself
2. Question 2 of 50

   The burden of proving that any case of an accused person comes within one of the general exceptions in the Pakistan Penal Code lies on:

   A The prosecution, beyond reasonable doubt B The trial court suo motu C The accused, though the standard is preponderance of probability, not beyond reasonable doubt D No one, as it is presumed automatically
3. Question 3 of 50

   With respect to documents thirty years old, produced from proper custody, the Court may presume that the signature and every other part purporting to be in the handwriting of any particular person is in that person's handwriting, and that it was duly:

   A Forged B Executed and attested by the persons by whom it purports to be executed and attested C Registered but not executed D Destroyed
4. Question 4 of 50

   Local usage or trade custom may be relevant to annex incidents to a written contract that are not repugnant to or inconsistent with its:

   A Express terms B Stamp duty C Attestation D Registration
5. Question 5 of 50

   Evidence of a custom or usage which would render a document illegal is generally:

   A Admissible under all circumstances B Conclusive proof of the custom C Not admissible D Irrelevant to the exclusionary rule
6. Question 6 of 50

   The Court may presume that maps or plans purporting to be made by the authority of the Government were so made, and are:

   A Accurate B Irrelevant C Only privileged communications D Inaccurate unless proved otherwise
7. Question 7 of 50

   The presumption of genuineness attached to a certified copy of a public document exists to facilitate proof without requiring production of the:

   A Certified copy itself B Original record in every instance C FIR D Judgment
8. Question 8 of 50

   No evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding to, or subtracting from the terms of a document, except to prove a matter such as fraud, mistake, or a separate oral agreement on a matter on which the document is:

   A Complete and unambiguous B Registered C Attested D Silent, and which is not inconsistent with its terms
9. Question 9 of 50

   In criminal cases, the general burden of proving the guilt of the accused beyond reasonable doubt lies upon the:

   A Defence counsel B Complainant's family only C Accused D Prosecution
10. Question 10 of 50

    Presumptions as to electronic records and digital signatures were incorporated into the law of evidence primarily to accommodate:

    A Modern developments in information technology B Oral testimony only C Character evidence only D Ancient documents only
11. Question 11 of 50

    Evidence may be given to show in what manner the language of a document is related to existing facts, when a document refers to facts, and it is necessary to identify the persons or things meant, so as to apply the:

    A Rule of estoppel B Presumption of genuineness C Rule against hearsay D Words used to the existing facts
12. Question 12 of 50

    Where facts referred to in a document are proved to be equally applicable to several distinct sets of circumstances, evidence may be given to show which one was actually meant, since otherwise the document would be:

    A Void for repugnancy without such evidence being permitted B Treated as a public document C Automatically presumed genuine D Conclusively proved against the maker
13. Question 13 of 50

    The Court may presume that any book, published Gazette, or newspaper containing a notification, order or proceeding of the Government was so published by the authority of the:

    A Complainant B Government C Investigating officer D Private publisher only
14. Question 14 of 50

    The Court may presume that any document purporting to be a record of evidence taken in a judicial proceeding, and purporting to be signed by a judge or Magistrate, was:

    A Never actually taken B Duly taken and recorded C Signed by an unauthorized person D Signed under coercion
15. Question 15 of 50

    The Court may presume the genuineness of every document purporting to be the Gazette of Pakistan or the Official Gazette of a Province, and to have been published by the:

    A Provincial Assembly only B Police department C Authority of the Government D Bar Council
16. Question 16 of 50

    When the terms of a contract, grant or other disposition of property have been reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or disposition except the document itself, or secondary evidence of its contents where admissible, this being the rule on:

    A Exclusion of oral evidence to explain ambiguous documents B Admissions in civil cases C Judicial notice of contracts D Exclusion of evidence of terms of contracts reduced to writing
17. Question 17 of 50

    The presumption as to legitimacy of a child born during a valid marriage can be rebutted by proof of non-access between the spouses at the:

    A Time of divorce only B Time of the child's birth only C Time when the child could have been begotten D Time of the marriage ceremony
18. Question 18 of 50

    The exclusion of oral evidence in favour of documentary evidence, where terms have been reduced to writing, promotes certainty in transactions by preventing:

    A The admissibility of expert evidence B Judicial notice of ambiguous terms C The presumption of genuineness of old documents D Parties from later asserting terms different from those recorded in writing
19. Question 19 of 50

    The rule about documents thirty years old from proper custody serves the interest of justice by recognizing the practical:

    A Impossibility of calling witnesses to very old transactions B Irrelevance of old documents C Need to reject all old evidence D Presumption of forgery in old documents
20. Question 20 of 50

    Presumptions as to documents are generally categorized as 'may presume', meaning the Court has:

    A Discretion whether or not to presume, regard being had to the circumstances B To always refuse the presumption C No discretion and must presume D To always refer the matter to an expert
21. Question 21 of 50

    The Court may presume that any book which purports to be a book of reports of decisions of the courts of any country contains correct reports of such:

    A FIRs B Confessions C Dying declarations D Decisions
22. Question 22 of 50

    Where a document mentions a date, but extrinsic evidence shows the parties actually meant a different date, evidence to that effect is permitted under the exception relating to:

    A Public documents generally B Character evidence C Documents whose language is unmeaning in reference to existing facts D Presumptions as to electronic records
23. Question 23 of 50

    The presumption regarding maps or plans made by government authority extends to their accuracy, but this presumption can be rebutted by showing:

    A That the map is thirty years old B That it concerns a private document C Specific inaccuracy in the map or plan D That it was published in a Gazette
24. Question 24 of 50

    The Court may presume that a message forwarded from a telegraph office to the person to whom it purports to be addressed corresponds with a message delivered for transmission, but the Court may not make any presumption as to the person by whom such message was:

    A Read B Delivered for transmission C Filed D Received
25. Question 25 of 50

    A presumption that the Court 'shall presume' a document, once the statutory conditions are met, differs from one it 'may presume' in that the former leaves:

    A No discretion, only rebuttal by contrary evidence B Only academic significance C Wider discretion to the Court D No legal effect at all
26. Question 26 of 50

    Oral evidence to show a subsequent oral agreement to rescind or modify a written contract is generally:

    A Never admissible under any circumstances B Only admissible if the contract is a public document C Admissible, since it does not vary the original contract but shows its discharge or modification by later agreement D Only admissible if it favours the plaintiff
27. Question 27 of 50

    For the presumption as to documents thirty years old to apply, the document must be produced from what is called:

    A The custody of the complainant only B Police custody only C Proper custody D Any custody whatsoever
28. Question 28 of 50

    When the facts show that the language of a document, though plain, was intended to apply to only one of several persons or things, evidence may be given of facts showing which one was:

    A Irrelevant B Intended C A public document D Excluded by law
29. Question 29 of 50

    The burden of proof in a suit or proceeding generally lies on the person who would:

    A Win if no evidence were given on either side B Fail if no evidence were given on either side C Be exempted from giving evidence D Be acquitted regardless of evidence
30. Question 30 of 50

    Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts:

    A Were admitted by the other party B Are matters of judicial notice C Exist D Are irrelevant
31. Question 31 of 50

    Where the parties have deliberately put their contract into writing, oral evidence to add to, vary, or contradict its terms is generally:

    A Admissible only if the witness is an expert B Excluded, subject to the statutory exceptions C Admissible only after thirty years D Freely admissible
32. Question 32 of 50

    When the language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense, which is an exception to the general rule against:

    A Excluding evidence to explain or amend ambiguous documents B Presuming genuineness of documents C Documentary evidence D Admitting expert opinion
33. Question 33 of 50

    When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions, or within any special exception or proviso, is upon:

    A The prosecution B The complainant C The accused D The Magistrate
34. Question 34 of 50

    The Court presumes the legitimacy of a child born during the continuance of a valid marriage between the mother and any man, or within a specified period after dissolution, the mother remaining unmarried, unless it can be shown that the parties had no access to each other at any time when he could have been:

    A Adopted B Begotten C Divorced D Married
35. Question 35 of 50

    The burden of proving a fact always lies upon the person who asserts it affirmatively, and generally not on the person who:

    A Denies it B Is a co-accused C Is an expert witness D Admits it
36. Question 36 of 50

    Presumptions as to documents, generally, operate to shift the burden onto the party disputing the document to lead evidence:

    A That is irrelevant B Rebutting the presumption C Of judicial notice only D Of character only
37. Question 37 of 50

    The burden of proof throughout a criminal trial normally never shifts from the prosecution, though there may be a shifting of the onus on specific:

    A The Court's own findings B Every fact in issue, without exception C The complainant's assertions alone D Facts especially within the accused's knowledge or exceptions he seeks to invoke
38. Question 38 of 50

    Where the law directs the Court to presume a fact, it is bound to regard such fact as proved unless and until it is:

    A Disproved B Certified C Judicially noticed D Admitted
39. Question 39 of 50

    A document more than thirty years old need not be independently proved to be genuine if it comes from proper custody, because the law dispenses with the ordinary requirement of calling the:

    A Certified copy B Public Prosecutor C Attesting or executing witnesses, who may no longer be traceable D Investigating officer
40. Question 40 of 50

    The presumption as to due execution of documents thirty years old is a rebuttable presumption, meaning it can be displaced by:

    A An estoppel only B No evidence whatsoever C Judicial notice alone D Evidence to the contrary
41. Question 41 of 50

    A presumption of a valid marriage arises where a man and woman have long cohabited continuously as husband and wife and are treated as such by their friends and relations, this being a presumption:

    A Only applicable to registered marriages B Against marriage in every such case C In favour of marriage arising from prolonged cohabitation and repute D Only applicable in criminal proceedings
42. Question 42 of 50

    The Court may presume that a power of attorney, purporting to have been executed before, and authenticated by, a Magistrate, Notary Public or Pakistan diplomatic officer, was so:

    A Executed and authenticated B Forged C Registered elsewhere D Cancelled
43. Question 43 of 50

    When the language of a document is ambiguous or defective on its face, oral evidence of the intention of the parties is generally:

    A Freely admissible in every case B Not admissible to remove a patent ambiguity C Only relevant in criminal cases D Conclusive proof of the parties' intention
44. Question 44 of 50

    The burden of proof as to any particular fact lies on the person who wishes the Court to believe in its existence, unless it is provided by law that the proof of that fact shall lie on any:

    A Witness only B Public officer only C Particular person D Expert only
45. Question 45 of 50

    In questions as to whether persons are partners, landlord and tenant, or principal and agent, when the general relationship is shown to have existed, the burden of proving that it has ceased lies on the person who:

    A Is the Court B Affirms it has ceased C Denies it has ceased D Is a stranger to the relationship
46. Question 46 of 50

    Where a document has been drawn up in such a manner that it applies equally to more than one set of existing facts, and the meaning is doubtful, this is generally described as a:

    A Patent ambiguity that cannot be resolved by extrinsic evidence B Latent ambiguity that may be explained by extrinsic evidence C Conclusive proof of forgery D Presumption against the document
47. Question 47 of 50

    The burden of proving any fact necessary to be proved in order to enable a person to give evidence of another fact lies on the person who wishes to give:

    A A confession B A dying declaration C An admission of the opposite party D Such evidence
48. Question 48 of 50

    Where a person has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive shifts to the person who:

    A Is a public officer B Denies that he is alive C Affirms that he is alive D Is the investigating officer
49. Question 49 of 50

    The rule excluding oral evidence to contradict a written document is subject to an exception permitting proof of any separate oral agreement constituting a condition precedent to the attaching of any obligation under the:

    A Public document B Contract, grant, or disposition of property C Dying declaration D Confession
50. Question 50 of 50

    Where the question is whether a person is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead lies on the person who:

    A Affirms it B Denies it C Is a witness only D Is the accused only

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