CPC Mains Questions Distinguish between the following terms .[MPCJ2009] 1. Decree and Order 2. Res-subjudice and Constructive Res-Judicata 3. Attachment and precept Ans. 1. Decree and Order Under section 2(2) and 2(14) of CPC respectively both decree and order are…
CPC Mains Questions Q. What do you understand by “a suit of Civil Nature” ? When may exclusion of Civil Court’s jurisdiction be inferred ? Give two examples. [MPCJ 2009] Ans. Section 9 of the CPC gives statutory recognition to…
Q. What are the principles of evidence? Ans. The fundamental principle of the law of evidence, namely that evidence must be confined to the matters in issue, is qualified by the following two fundamental principles: 1. Hearsay evidence is not…
Q. What is the difference between legal or logical relevancy? Ans. There are two cardinal principles of the law of evidence. What is relevant may be proved; but everything that is relevant may not be admissible as evidence. This admissibility…
Q. What do you understand by Substantive and Adjective Law? In which category do you place the law of evidence? Explain. [HR.J.S. 2001] Ans. The complete ‘corpus juris’ i.e., a body of laws, is divided into two categories substantive laws…
Q. Is birth during marriage, conclusive proof of legitimacy? What is presumption as to abetment of suicide by married women? What is presumption as to dowry death? [MPCJ 2018] Ans. Presumption as to legitimacy:- Section 112 of the Indian Evidence…
Q. How contents of electronic records may be proved and how it becomes admissible in any proceeding ? [MPCJ 2015] Ans. The content of electronic records can be proved either through Primary evidence of the electronic records by producing the…
Q. Discuss the provision of the Evidence Act under which a confession of one accused can be used against another co-accused. [MPCJ 2013] Ans. Section 30 of IEA is an exception to the general law that confession is relevant only against…
Q. What do you understand by “Examination-in-chief’, “Cross-examination” and “Re-examination” of a witness ? [MPCJ 2013] Ans. As per section 137 of Evidence act, Examination-in-chief, Cross-examination and Re-examination are three stages of which a witness is subjected respectively by own…
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…