Q. 1. Can oral evidence be direct?
Ans. No, it must be direct only as per section 60 of the Indian Evidence Act, 1872.
Q.2. What is the distinction between Admission and Estoppel?
Ans. Admission is either a written or oral statement which gives inference to the rights and liabilities of the parties. On the other hand, Estoppel is a rule of evidence which prevents a person from retracting his earlier representation.
Q.3. What do you mean by Burden of Proof?
Ans. It means an obligation to prove a fact.
Q.5. What is the difference between custom and usage?
Ans. Usage is inductive as the same is based on the consent of the persons in a locality whereas custom is deductive and the same is based on the local usage of a law.
Q.6. On whom does the burden of proving a custom lie?
Ans. The burden of proving a custom lies on that party who is setting it up.
Q.7. What is judicial notice?
Ans. It is a cognizance taken by the court itself of certain facts which are so clearly established that evidence of their existence is deemed unnecessary.
Q.8. What is the rationale behind exclusion of Hearsay evidence?
Ans. If the same is accepted it may encourage the substitution of weaker for stronger proof.
Q.9. What is the nature of Mandatory Injunction?
Ans. It is prospective and concurrent in nature.
Q.10. Can Specific Relief be granted for enforcing Penal Laws?
Ans. No, this is so provided under section 4 of the Specific Relief Act, 1963.
Q.11. Can a mother act as a guardian of a child even though the father is still alive?
Q.12. What do you mean by the legal maxim ‘nullum crimine pena sine lege”?
Ans. It means no crime and no penalty without a law.
Q. 13. When does the proposal of contract become complete?
Ans. When the same comes to the knowledge of the person to whom it is made.
Q.14. On which legal maxim/doctrine the case of Ashby v. White is based upon?
Ans. It is based upon the legal maxim/doctrine injuria sine damnum meaning thereby, where there is an infringement of a legal right even without any damage or loss, there arises a legal remedy.
Q.15. What do you mean by the maxim Salus Populi Suprema Lex?
Ans. It means the welfare of the people is the supreme law.
NOTE: The answers are suggestive. Kindly verify from the basic documents, judgments, gazette notifications or recommended textbooks in case of doubts. Answers given by the author herein are his own personal views and neither the publisher nor the author holds any responsibility for any mistake that may have inadvertently crept in.