B.A. LL.B. (Five Years) Sem 10 BSA and Law of Evidence May 2023 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.

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

1. (a) What is the meaning of primary evidence?
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2. (b) How are documents to be proved in the court?
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3. (c) When the original document is destroyed, how are the contents to be proved?
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4. (d) What is Hearsay Evidence under the Indian Evidence Act?
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5. (e) Define "May Presume" and "Shall Presume".
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6. (f) State the applicability of the Indian Evidence Act.
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7. (g) About what facts can evidence be given?
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8. (h) When do judicially noticeable facts not need to be proved?
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9. (i) When must oral evidence be direct?
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10. (j) Define Estoppel.
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Q.2 Q.2: Short notes, any four (20 Marks)

1. (a) Admissibility of electronic records.
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2. (b) Secondary evidence.
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3. (c) Child Witness.
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4. (d) Difference between Relevancy and Admissibility.
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5. (e) Admissibility of oral evidence.
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6. (f) Exceptions to hearsay evidence.
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Q.3 Q.3: Situational problems, any two (12 Marks)

1. (a) Rahul relies on a certain document to be produced before the court. However, the document is destroyed due to a flood in his area. (i) What option is available to Rahul? (ii) What would Rahul do if the document, instead of being destroyed, was in the possession of the opponent party?
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2. (b) Shakti is arrested for committing Murder. Immediately after his arrest, Shakti voluntarily confesses the commission of the said offence to the police officer in the police station. He discloses in his confession the place where he buried the weapon with which he committed the offence. (i) Will Shakti's statement amount to a confession? (ii) When can a confession be taken to be relevant as per law? Explain in detail.
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3. (c) Anita was married to Ajay in 2020, and on 15th August 2022 she was found dead in the kitchen of her matrimonial house, where she was residing with her mother-in-law and widowed sister-in-law, as her husband had gone to Dubai for work purposes. The Police are investigating the cause of death. (i) What is presumption? (ii) What can be presumed from the abovementioned incident, and why?
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Q.4 Q.4: Full length questions, any four (48 Marks)

1. (a) Explain the law on presumption in relation to documents.
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2. (b) What is the law relating to the examination of witnesses?
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3. (c) Define Evidence. What are the different types of Evidence?
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4. (d) Define Admission. Who is allowed to make a valid admission and when? Explain the same in detail with relevant case laws.
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5. (e) Discuss the facts of which the court must take judicial notice.
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6. (f) Explain in detail 'Burden of Proof'.
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