LL.B. (Five Years) Sem 10 BSA and Law of Evidence Jun 2018 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) All questions are compulsory. (2) Figures to the right indicate full marks.

SECTION I - Q.1: Answer in one or two sentences (20 Marks)

1. Q1 Define Court.
2. Q2 Evidence may be given of which facts?
3. Q3 What are Professional Communications?
4. Q4 What are Private documents?
5. Q5 How can a witness who is unable to speak give evidence in the court?
6. Q6 What is the presumption relating to electronic records which are five years old?
7. Q7 Give any two ways by which the credit of a witness may be impeached by the adverse party.
8. Q8 Define 'information'.
9. Q9 What is Presumption of fact?
10. Q10 What is 'Plea of Alibi'? Cite the relevant provision.

SECTION II - Q.2: Write short notes on any four (20 Marks)

1. Q11 Admission.
2. Q12 Confession.
3. Q13 Judgements, when relevant.
4. Q14 Facts which need not be proved.
5. Q15 Presumption of law.
6. Q16 Relevancy of a statement made by a person who is dead.

SECTION III - Q.3: Solve any two of the following with reasons or justifications (12 Marks)

1. Q17 The advocate for the accused appeared in the case at trial and observed that one of the witnesses tendered by the prosecutor is a 'dumb' person, and the prosecutor himself was narrating to the court what the dumb witness had seen at the crime scene. (i) Can such a witness testify in the court? Explain, citing the relevant provision. (ii) Was the prosecutor correct in narrating what the witness had seen? Explain why.
2. Q18 Mrs. Rohini was poisoned by her husband. She made a statement implicating her husband's role in killing her before a stranger, Mr. Rakesh. (i) Whether Rohini's statement is a dying declaration? Explain why. (ii) What is the nature of the dying declaration made by Rohini? Is it admissible in the Court?
3. Q19 Priya filed a divorce petition against her husband Pramod on the grounds of cruelty. As evidence she submits a letter written by her husband in his handwriting, acknowledging the cruel acts committed by him. (i) What is the nature of the statement made by the husband in the letter? Explain. (ii) Whether this can be used as evidence against Pramod by the Court? Explain why.

SECTION IV - Q.4: Answer the following in detail, any four (48 Marks)

1. Q20 What is burden of proof? Explain the law relating to burden of proof.
2. Q21 Define 'estoppel'. Explain the law relating to estoppel under the Indian Evidence Act, 1872.
3. Q22 Who is an expert? When does the opinion of a third person become relevant?
4. Q23 'Oral evidence must be direct'. Explain this statement. Establish the relevancy of hearsay evidence under the Act.
5. Q24 What is documentary evidence? Examine the law relating to the admissibility of electronic records in the court of law.
6. Q25 Who is a witness? Analyse the law relating to the examination of witnesses.

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