Q. What is secondary evidence? In what cases and after compliance of which legal formality such evidence can be given? Discuss elaborately? [MPCJ 2012] Ans. As to what constitutes the secondary evidence, it is answered under Sec. 63 of the…
Q. Discuss the provisions in respect to the ‘communications during marriage’, ’’Official Communications” and “Professional Communications” [MPCJ 2012] Ans. All three types of communication fall in the category of privileged communication under Indian Evidence Act. That is, their disclosure is…
Q. What is “Dying Declaration”? Whether the dying declaration by itself can be the basis for conviction? Give an example with case law. [MPCJ 2011] Ans. Section 32(1) of the Evidence Act contains provision for the relevancy of what is…
Q. How far the findings of a previous Civil case are relevant in a subsequent Civil & Criminal case based on same facts. Explain with the help of case law . [MPCJ 2011] Ans. The findings of a previous Civil…
Q. Define an accomplice. A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. Explain and state the principles of law involved. [MPCJ 2010] Ans. The expression \”accomplice\” is nowhere defined in the Indian…
Q. State the four circumstances where the statements of relevant facts by a person, who is dead and cannot appear before the Court to give evidence, are relevant. [MPCJ 2010] Ans. As per section 32 of the Evidence act, the…
Q. Define fact, relevant fact and fact in issue. Point out the difference between the last two? [MPCJ 2010] Ans. All three expression, fact, relevant fact and fact in issue has been statutorily defined under Sec. 3 of the Evidence…
Q. Enumerate the ways in which the credit of a witness may be impeached by the adverse party. Can a party impeach credit of his own witness ? If so, when ? [MPCJ 2009] Ans. Impeaching the credit of a…
Q. What are the exceptions to the general rule that ’’Hearsay evidence is not admissible”? [MPCJ 2009] Ans. As a general rule section 60 of the Evidence Act mandates that oral evidence in all cases must be of direct in…
Q. Distinguish between admission and confession. Under what circumstances and to what extent, can the confession by an accused be used in evidence against a co-accused? [MPCJ 2009] Ans. Both the admission and confession are substantive evidence and closely related…