Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

61. Principle: A defendant against whom an ex parte decree has been passed may apply to have it set aside if he shows that he was not duly served with summons or was prevented by sufficient cause from appearing. Facts: D was never served with the summons in a money suit, and the court passed an ex parte decree against him. On learning of it, D applies promptly to set it aside. Decide.

    कD must pay the decree and then file a new suit खThe decree is final and cannot be set aside गThe decree may be set aside, as D was not duly served घD can only seek a review by the plaintiff
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

62. Principle: An interim injunction may be granted only if the applicant shows a prima facie case, that the balance of convenience is in his favour and that he will suffer irreparable injury if it is refused. Facts: A seeks an interim injunction to stop B from demolishing a wall, but he cannot show any prima facie right in the wall. Decide.

    कThe court must decide the whole suit first खThe injunction must be granted, since demolition is permanent गThe injunction must be granted on payment of court fee घThe injunction should be refused, as there is no prima facie case
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

63. Principle: A child born during the continuance of a valid marriage between his mother and any man is presumed to be the legitimate child of that man, unless it is shown that the parties had no access to each other when the child could have been conceived. Facts: A child is born to W while she is validly married to H. H, without any evidence, denies paternity. Decide.

    कThe child is presumed illegitimate because H denies paternity खThe child is presumed to be H's legitimate child गThe court must presume that the mother is lying घThe child is legitimate only if H accepts it
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

64. Principle: Secondary evidence of the contents of a document may be given when the original has been destroyed or lost, without fault of the party offering the evidence. Facts: The original sale deed of a house was destroyed in an earthquake. A seeks to prove its contents by producing a certified copy. Decide.

    कThe certified copy is admissible as secondary evidence खThe copy is inadmissible, as only the original can be used गThe sale itself becomes void घOnly oral evidence of the seller may be accepted
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

65. Principle: Facts of which the court takes judicial notice need not be proved. Courts take judicial notice of, among other things, the laws in force in the country. Facts: In a case about a traffic offence, the defence insists that the prosecution must produce witnesses to prove that the Motor Vehicles and Transport Management Act exists. Decide.

    कThe defence must prove that the Act does not exist खThe prosecution must call an expert to prove the Act गThe case must be dismissed until the Act is proved घNo proof is needed, as the court takes judicial notice of laws in force
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

66. Principle: A party who calls a witness may, with the permission of the court, put to him questions that could be asked in cross-examination, if the witness turns hostile. Facts: The prosecution calls W, who earlier told police he saw the accused stab the victim, but in court W says he saw nothing. Can the prosecutor cross-examine W?

    कNo, a party can never cross-examine its own witness खYes, with the court's permission, as W has turned hostile गYes, without any permission from the court घNo, W's evidence must simply be ignored
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

67. Principle: In criminal proceedings, the fact that the accused has a bad character is irrelevant unless evidence has been given that he has a good character. Facts: In a theft trial, the prosecution seeks to prove that the accused was a quarrelsome person in his village. The accused has not offered any evidence of his good character. Decide.

    कThe evidence is admissible, as it is about the accused खThe evidence is admissible, as it shows a tendency to commit crime गThe evidence of bad character is not admissible at this stage घThe evidence is admissible only if the judge finds it interesting
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

68. Principle: The burden of proving that the case of an accused falls within a general exception, such as insanity, lies on the accused. Facts: A is charged with murder and pleads that he was of unsound mind at the time of the act. Who must prove the unsoundness of mind?

    कThe victim's family खThe prosecution गThe court on its own motion घA, the accused, who claims the exception
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

69. Principle: When two or more persons fight in a public place and thereby disturb the public peace, they commit an affray. Facts: Two drivers, after a minor collision, start punching each other in the middle of a busy bus park, causing passengers to panic. Decide.

    कBoth have committed dacoity खOnly the driver who struck first has committed affray गNeither has committed affray, as the fight was private घBoth drivers have committed affray
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।

70. Principle: A person who offers or gives any gratification to a public servant as a motive or reward for doing or forbearing to do an official act is guilty of an offence, whether or not the public servant accepts it. Facts: To get his building plan approved quickly, A offers Rs. 50,000 to a municipal engineer. The engineer refuses and reports A. Decide.

    कA is guilty only if the plan was later approved खA is not guilty, as the engineer refused गOnly the engineer could have been guilty घA is guilty of offering a bribe even though it was refused
    💬 टिप्पणी / गल्ती रिपोर्ट (०)

    छलफल / प्रश्न उत्तरमा गल्ती छ

    पठाउनुहोस्

    टिप्पणी जाँचपछि मात्र देखिन्छ।