EXCLUSION OF DOCUMENTARY EVIDENCE

21

Created on April 07, 2022 By JudicialDream™

EXCLUSION OF DOCUMENTARY EVIDENCE

1 / 10

1. Written document must be proved by writing only” this maxim has been incorporated under which section of Indian Evidence Act, 1872?

Section 90

Section 91

Section 92

None of the above

2 / 10

2. Section 91 of Indian Evidence Act applies to

Only to the transaction which under the law must be in writing

Only to the transaction which are reduced into writing

Both (a) and (b)

None of the above

3 / 10

3. Mistake referred to in Proviso (1) to Section 92 of the Indian Evidence Act, refers to

Mutual mistake only

Unilateral mistake only

Unilateral and mutual mistake

None of the above

4 / 10

4. Section 92 of the Evidence Act is applicable to disputes between

The parties to the instrument only

A party to the instrument and a stranger

Two strangers where the document is in question

All of the above

5 / 10

5. Section 93 of the Indian Evidence Act applies to the

Ambiguitas patens

Ambiguitas latens

Both (a) and (b)

None of the above

6 / 10

6. Oral evidence is not admissible to clarify the language used in a document when the language is

Related with terms of regional nature

Ambiguous or defective on its face

Plain but not applying to the facts

Plain but applying to two sets of facts

7 / 10

7. Latent ambiguity in a document means ambiguity

Not subject to clarification by oral evidence

Apparent on the face of the documents

Of hidden character and for the clarification of which oral evidence may be given

Not allowed to be proved by oral evidence

8 / 10

8. How many exceptions are provided in section 92 of the Indian Evidence Act for the rule of exclusion of evidence of oral agreement?

3

4

5

6

9 / 10

9. Who among the following may give of any facts tending to show a contemporaneous agreement varying the terms of the document?

Parties to the document or their representatives in interest

Persons who are not parties to a document or their representatives in interest

Both (a) and (b)

None of the above

10 / 10

10. Any fact may be proved which would invalidate any document or which would entitle any person to any decree or order relating thereto, such as

Fraud, intimidation or illegality

Want of due execution or want of capacity in any contradicting party

Want or failure of consideration, or mistake in fact or law

All of the above

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Restart quiz

1. “Written document must be proved by writing only” this maxim has been incorporated under which section of Indian Evidence Act, 1872?
   a) Section 90
   b) Section 91
   c) Section 92
   d) None of the above
2. Section 91 of Indian Evidence Act applies to
   a) Only to the transaction which under the law must be in writing
   b) Only to the transaction which are reduced into writing
   c) Both (a) and (b)
   d) None of the above
3. Mistake referred to in Proviso (1) to Section 92 of the Indian Evidence Act, refers to
   a) Mutual mistake only
   b) Unilateral mistake only
   c) Unilateral and mutual mistake
   d) None of the above
4. Section 92 of the Evidence Act is applicable to disputes between
   a) The parties to the instrument only
   b) A party to the instrument and a stranger
   c) Two strangers where the document is in question
   d) All of the above
5. Section 93 of the Indian Evidence Act applies to the
   a) Ambiguitas patens
   b) Ambiguitas latens
   c) Both (a) and (b)
   d) None of the above
6. Oral evidence is not admissible to clarify the language used in a document when the language is
   a) Related with terms of regional nature
   b) Ambiguous or defective on its face
   c) Plain but not applying to the facts
   d) Plain but applying to two sets of facts
7. Latent ambiguity in a document means ambiguity
   a) Not subject to clarification by oral evidence
   b) Apparent on the face of the documents
   c) Of hidden character and for the clarification of which oral evidence may be given
   d) Not allowed to be proved by oral evidence
8. How many exceptions are provided in section 92 of the Indian Evidence Act for the rule of exclusion of evidence of oral agreement?
   a) 3
   b) 4
   c) 5
   d) 6
9. Who among the following may give of any facts tending to show a contemporaneous agreement varying the terms of the document?
   a) Parties to the document or their representatives in interest
   b) Persons who are not parties to a document or their representatives in interest
   c) Both (a) and (b)
   d) None of the above
10. Any fact may be proved which would invalidate any document or which would entitle any person to any decree or order relating thereto, such as
    a) Fraud, intimidation or illegality
    b) Want of due execution or want of capacity in any contradicting party
    c) Want or failure of consideration, or mistake in fact or law
    d) All of the above

ANSWER 1. B 2. C 3. C 4. A 5. A 6. B 7. C 8. D 9. B 10. D