Qanoon e Shahadat Order 1984 Law GAT MCQs Test 5

1. Question 1 of 50

   Leading questions, i.e. questions suggesting the answer which the person putting it wishes or expects to receive, may not, if objected to by the adverse party, be asked in:

   A Examination-in-chief or in re-examination, except with the permission of the Court B Any stage of the trial whatsoever C The recording of a dying declaration only D Cross-examination
2. Question 2 of 50

   The competence of a child witness is determined not by age alone but by the Court's assessment of the child's ability to understand questions and give:

   A Rational answers B Leading answers only C Answers under oath only in every case D Written answers only
3. Question 3 of 50

   The presumption of legitimacy is regarded as one of the strongest presumptions known to law and can only be displaced by:

   A Strong and conclusive evidence of non-access B Judicial notice alone C A bare denial by the husband D Mere suspicion
4. Question 4 of 50

   Estoppel by conduct requires that the person estopped made a representation of fact, intending it to be acted upon, and that the other party acted upon it to his prejudice, being distinct from estoppel arising from a:

   A Confession of guilt B Dying declaration C Court's own judgment D Public document only
5. Question 5 of 50

   The examination of a witness by the party who calls him is called his:

   A Cross-examination B Impeachment C Examination-in-chief D Re-examination
6. Question 6 of 50

   Estoppel operates as a rule of evidence which prevents a party from asserting a fact contrary to what he has previously, by conduct or representation, led another to believe, and it is generally said that estoppel:

   A Creates substantive rights of its own B Is a rule of evidence and does not itself create substantive rights C Overrides all other rules of evidence absolutely D Applies only to criminal cases
7. Question 7 of 50

   All persons are generally competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by reason of:

   A Their gender B Their religion C Their occupation D Tender years, extreme old age, disease of body or mind, or any other similar cause
8. Question 8 of 50

   A witness is not incompetent merely because his credibility may be diminished, since the competency of a witness and the:

   A Nature of the offence are the same thing B Weight of his testimony are identical concepts C Character of the accused are the same thing D Weight to be given to his testimony are distinct matters
9. Question 9 of 50

   No judge or magistrate is compellable to answer any questions as to his own conduct in Court as such, or as to anything which came to his knowledge in Court as such judge or magistrate, except upon the special order of a:

   A Investigating officer B Public Prosecutor C Superior court D Complainant
10. Question 10 of 50

    The general rule is that a witness compelled to answer an incriminating question is entitled to protection against that answer being used as evidence against him in any subsequent:

    A Appeal by the complainant only B Criminal proceeding, except a prosecution for giving false evidence C Departmental inquiry only D Civil suit for damages
11. Question 11 of 50

    The order in which witnesses are produced and examined is regulated by the law and practice relating to civil and criminal procedure, and in the absence of any such law, by the:

    A Discretion of the investigating officer B Wishes of the accused alone C Discretion of the complainant D Discretion of the Court
12. Question 12 of 50

    A party to a suit cannot be compelled to disclose any confidential communication which has taken place between him and his legal adviser, unless he:

    A Offers himself as a witness, in which case he may be compelled to disclose communications necessary to explain evidence which he has given, but not otherwise B Is a foreign national C Is represented by more than one advocate D Is a public officer
13. Question 13 of 50

    A person of unsound mind is not incompetent to testify unless he is prevented by his unsoundness of mind from understanding the questions put to him and:

    A Testifying against relatives B Answering only leading questions C Giving rational answers to them D Testifying in civil cases only
14. Question 14 of 50

    Where a statute creates a presumption against the accused on proof of certain facts, the burden shifts to the accused to rebut it, but the standard required of him is generally lower than proof:

    A Beyond reasonable doubt, being satisfied on preponderance of probability B By an admission alone C By a mere balance of convenience D By judicial notice
15. Question 15 of 50

    A person who came upon immovable property by the licence of the person in possession is not permitted to deny that such person had, at the time when the licence was given, a:

    A Marriage certificate B Power to grant the licence C Judgment against him D Confession
16. Question 16 of 50

    The protection for professional communications does not extend to any communication made in furtherance of any:

    A Illegal purpose, or to any fact observed showing that a crime or fraud has been committed since the commencement of employment B Civil suit C Legitimate defence D Appeal
17. Question 17 of 50

    For estoppel to apply, the representation must have been acted upon by the other party to his:

    A Complete indifference B Detriment, or such that his position was altered C Benefit in a subsequent unrelated suit D Advantage only
18. Question 18 of 50

    The distinction between 'burden of proof' and 'onus of proof' is often explained as the former being fixed by the pleadings and remaining constant, while the latter:

    A Is fixed permanently on the accused B Shifts as evidence is led during the trial C Is fixed permanently on the plaintiff D Never exists in law
19. Question 19 of 50

    As a matter of prudence, however, courts generally require the testimony of an accomplice to be corroborated in material particulars connecting the:

    A Complainant with a civil claim B Accused with the commission of the offence C Witness with a public document D Court with the judgment
20. Question 20 of 50

    A public officer shall not be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the:

    A Publication of the Gazette B Retention of the document C Non-disclosure D Disclosure
21. Question 21 of 50

    No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the:

    A Police department B Court itself, without reference to government C Bar Council D Department concerned, who has discretion to give or withhold such permission
22. Question 22 of 50

    No advocate's clerk or interpreter employed in unambiguous professional confidence is compelled to disclose communications, this rule extending professional privilege to certain:

    A Complainants B Persons acting in the course of employment by the legal adviser C Investigating officers D Public officers
23. Question 23 of 50

    A bailee or licensee is not permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such:

    A Public document B Bailment or grant such licence C Presumption D Confession
24. Question 24 of 50

    No particular number of witnesses is, in the absence of any specific statutory provision otherwise, required for the proof of any fact, since evidence is to be:

    A Counted and not weighed B Ignored if uncorroborated C Weighed and not merely counted D Rejected if given by a single witness
25. Question 25 of 50

    Estoppel arises when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, such person is not allowed, in any proceeding between himself and such other person, to:

    A Deny the truth of that thing B Change his advocate C Withdraw his pleadings D Appeal the judgment
26. Question 26 of 50

    No magistrate or police officer shall be compelled to say whence he got information as to the commission of any offence, and no revenue officer shall be compelled to say whence he got information as to the commission of any offence against the public:

    A Revenue B Trust C Order D Peace
27. Question 27 of 50

    No one who is or has been an advocate is permitted, unless with his client's express consent, to disclose any communication made to him in the course of, and for the purpose of, his employment, this being the rule of:

    A Professional communications B Privileged communications between spouses C Judicial privilege D State privilege
28. Question 28 of 50

    The general principle 'he who asserts must prove' is subject to modification where the assertion relates to a negative fact that is difficult to prove and the corresponding positive fact is within the:

    A Court's own knowledge B Complainant's imagination C Special knowledge of the opposite party D Public record exclusively
29. Question 29 of 50

    Where the prosecution proves the basic facts constituting an offence, the burden may shift to the accused to explain circumstances especially within his knowledge, but this does not relieve the prosecution of proving the:

    A Motive conclusively in every case B Character of the accused C Accused's defence D Foundational facts of the offence beyond reasonable doubt
30. Question 30 of 50

    Where a witness is asked whether he has been previously convicted of an offence, he is generally bound to answer, and if he denies it, evidence may be given to prove the:

    A Character of the complainant B Existence of a public document C Contrary, i.e. the previous conviction D Motive of the accused
31. Question 31 of 50

    A tenant of immovable property, or a person claiming through such tenant, is not permitted, during the continuance of the tenancy, to deny that the landlord had, at the beginning of the tenancy, a:

    A Confession recorded B Public document C Criminal record D Title to such immovable property
32. Question 32 of 50

    The Court may permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, already been sufficiently:

    A Objected to by the complainant B Disproved C Withdrawn by the witness D Proved
33. Question 33 of 50

    Re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter is introduced with the permission of the Court, the adverse party may further:

    A Cross-examine upon that matter B Object to the entire testimony C Demand a retrial D Re-examine the witness himself
34. Question 34 of 50

    Communications made between spouses during the marriage are generally protected, and neither spouse can, without the consent of the other, be compelled to disclose any such communication, unless the case falls within specified:

    A Exceptions, such as suits between the married persons or criminal proceedings by one against the other B Presumptions as to documents C Provisions relating to burden of proof D Provisions on judicial notice
35. Question 35 of 50

    Witnesses shall first be examined-in-chief, then, if the adverse party so desires, cross-examined, and then, if the party calling him so desires,:

    A Recalled by the Court suo motu B Re-examined C Discharged without further questions D Committed for perjury
36. Question 36 of 50

    A tenant who has been let into possession cannot dispute the landlord's title to the property so long as he has not surrendered his:

    A Right to appeal B Ownership C Possession, i.e. so long as the tenancy continues D Right to sue
37. Question 37 of 50

    The acceptor of a bill of exchange is not permitted to deny that the drawer had authority to draw such bill or to endorse it, this being an example of estoppel against the:

    A Court B Payee only C Acceptor D Drawer
38. Question 38 of 50

    In a suit between husband and wife, one spouse is generally a competent witness against the other, subject to rules of:

    A Estoppel only B Character evidence only C Absolute incompetency in every case D Privileged communications during marriage
39. Question 39 of 50

    The examination of a witness, subsequent to the cross-examination, by the party who called him, is called his:

    A Preliminary examination B Examination-in-chief C Cross-examination D Re-examination
40. Question 40 of 50

    A witness is not excused from answering a question relevant to the matter in issue merely on the ground that the answer may:

    A Be self-serving B Establish that he owes a debt or is otherwise subject to a civil suit C Involve a public document D Incriminate him of an offence, subject to protection against subsequent use of a compelled answer as evidence against him in a criminal proceeding
41. Question 41 of 50

    Where a fact is peculiarly within the knowledge of the accused, such as possession of a licence, the burden to prove that fact, once the prosecution shows the basic ingredients, may lie on the:

    A Investigating officer alone B Prosecution exclusively C Accused D Complainant's counsel
42. Question 42 of 50

    The rule of estoppel is founded on principles of equity and good conscience, being designed to prevent a party from:

    A Filing any suit at all B Approbating and reprobating, i.e. blowing hot and cold C Being represented by counsel D Recovering any damages whatsoever
43. Question 43 of 50

    The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his:

    A Examination-in-chief B Affidavit only C Written statement only D Re-examination
44. Question 44 of 50

    In civil suits, the initial burden of proof lies on the plaintiff, but once he establishes a prima facie case, the burden may shift onto the:

    A Public Prosecutor B Court to decide suo motu C Investigating officer D Defendant to rebut it
45. Question 45 of 50

    Statements protected by professional privilege between an advocate and his client belong, in essence, to the:

    A Court, which decides waiver B Public Prosecutor C Client, and can generally be waived only with the client's consent D Advocate, who may waive them at will
46. Question 46 of 50

    Burden of proof provisions apply equally in civil and criminal matters, though the standard of proof differs, being 'beyond reasonable doubt' in criminal cases and 'preponderance of:

    A Probability' in civil cases B Custom' in civil cases C Character' in civil cases D Motive' in civil cases
47. Question 47 of 50

    Privileged professional communications between a legal adviser and client continue to be protected even after the employment has:

    A Ceased B Been terminated for misconduct only C Never existed D Been converted into a public document
48. Question 48 of 50

    Presumptions relating to burden of proof, such as those of legitimacy and marriage, generally serve important social objectives, but remain:

    A Rebuttable by sufficiently cogent evidence B Irrebuttable in all circumstances C Applicable only in criminal law D Applicable only to public documents
49. Question 49 of 50

    The examination of a witness by the adverse party is called his:

    A Committal B Re-examination C Examination-in-chief D Cross-examination
50. Question 50 of 50

    An accomplice is generally a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an:

    A Accomplice B Expert C Investigating officer D Public Prosecutor

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