41. Which of the following is the way to assess damage under Section 12, Indian Evidence Act?
I. the damage suffered should be near as possible to the sum which will put the injured party in the same position as he would have been if he had not sustained the wrong for which he was awarded damages or compensation
II. damages are usually assessed on the basis of actual loss suffered and are called general or ordinary damages
III. where the plaintiff has not suffered any real damages by reason of breach of contract, normally, nominal damages are awarded
IV. special damages can be awarded for personal inconveniences or physical dis-comfort caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
42. The history sheet of an accused person, kept in the police station is not a
man’s character, as it is based on:
A. conviction
B. hearsay
C. investigation
D. none of them
43. The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:
A. nemo moriturus proesumitur mentiri
B. lex fori
C. res judica
D. none of them
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44. The principles of Section 44, Indian Evidence Act cannot be extended to which of the following?
A. misrepresentation or undue influence
B. fraud
C. collision
D. all of them
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45. Section 15, Indian Evidence Act deals with a particular application of the general principle laid down in:
A. Section 7, Indian Evidence Act
B. Section 10, Indian Evidence Act
C. Section 12, Indian Evidence Act
D. Section 14, Indian Evidence Act
46. The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act which of the following facts can be relevant?
A. marks on the ground produced by a struggle at or near the place where the murder was committed
B. the state of B’s health before the symptoms ascribed to poison, and habits of B,known to A, which afforded an opportunity for the administration of poison
C. the facts that shortly before the poisoning, B went to a fair with money in possession,
and that he showed it or mentioned the fact that he had it, to third persons
D. none of them
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47. To invoke the doctrine of estoppel which of the following condition must
be satisfied?
A. representation by a person to another
B. the other shall have acted upon the said representation
C. such person shall have been detrimental to the interest of the person to whom the
representation has been made
D. all of them
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48. What do you understand by admission of execution?
A. it means only admission of signature
B. it means only valid attestation of the signature by two witnesses as required by law
C. both (A) and (B)
D. none of them
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49. Under Section 82, Indian Evidence Act the Court must presume:
A. that the seal or stamp or signature is genuine
B. that the person signing the document held, at the time when he signed, the judicial or
official character he claims
C. both (A) and (B)
D. none of them
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50. What do you understand by libellous character?
A. constituting or containing a libel
B. constituting or containing a praise
C. constituting or containing a commendation
D. none of them
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