LL.B. (Five Years) Sem 10 BSA and Law of Evidence Jun 2019 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 Define Conclusive proof.
2. Q2 What is Motive?
3. Q3 Electronic record.
4. Q4 Define admission.
5. Q5 Opinion of expert, when relevant.
6. Q6 Which facts need not be proved?
7. Q7 What is Primary Evidence?
8. Q8 What is a leading question?
9. Q9 Who may testify?
10. Q10 Accomplice witness.

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

1. Q11 Estoppel.
2. Q12 Public document.
3. Q13 Rules as to notice to produce.
4. Q14 Dying declaration.
5. Q15 Oral evidence must be direct.
6. Q16 Secondary Evidence.

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

1. Q17 'A', accused of causing grievous hurt, alleges that by grave and sudden provocation he was deprived of the power of self control. (a) On whom does the burden of proof lie to prove the said fact? Give reason. (b) If 'A' proves that he committed grievous hurt under grave and sudden provocation, for what offence can he be convicted? Explain with provision.
2. Q18 A wishes to prove a dying declaration by B. (a) What does A have to prove first? Explain with provision. (b) A wishes to prove in court, by secondary Evidence, the contents of a lost document. How is it to be proved? Explain with provision.
3. Q19 (a) A and B are jointly tried for the murder of C. It is proved that A said, "B and I murdered C." Whether the court may consider the effect of this confession as against B? Explain with reason. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and B said, "A and I murdered C." Whether the court can consider the said statement against A? Explain with reason and provision.

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

1. Q20 What is admission? What is confession? Compare them in detail.
2. Q21 Explain in detail the different Presumptions as to documents.
3. Q22 Explain in detail the exclusion of oral by documentary Evidence.
4. Q23 Explain in detail Estoppel and the different types of Estoppel.
5. Q24 Discuss the different types of witnesses and their evidential value.
6. Q25 Explain in detail the theory of relevancy.

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