LL.B. (Three Years) Sem 6 BSA and Law of Evidence Nov 2014 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in two or three sentences each of the following (20 Marks)

1. (1) What does fact mean and include?
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2. (2) What is refreshing memory?
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3. (3) What is Examination in chief?
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4. (4) On whom does the burden of proof as to ownership lie?
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5. (5) Presumption as to dowry death.
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6. (6) Which facts can be proved by oral evidence?
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7. (7) Define admission.
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8. (8) What is the theory of relevancy?
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9. (9) When do facts not otherwise relevant become relevant?
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10. (10) Which facts need not be proved?
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Q.2 Q.2: Write short notes on the following, any four (20 Marks)

1. (a) Public Documents.
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2. (b) Secondary Evidence.
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3. (c) Opinion of Expert.
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4. (d) Burden of proof.
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5. (e) Accomplice.
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6. (f) Judge's power to put questions or order production.
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Q.3 Q.3: Solve any two of the following with reason or justification (12 Marks)

1. (I) 'A' is on his trial for the murder of 'C'. There is evidence to show that 'C' was murdered by 'A' and 'B'. 'B' said, "'A' and I murdered 'C'". (a) What is the effect of the said statement? (b) Whether it can be used against 'A'? Give reason.
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2. (II) A agrees in writing to sell a horse to B for Rs. 1000 or Rs. 1500. (a) Whether evidence can be given to show which price was to be given? (b) Give reason with provision.
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3. (III) 'A' sues 'B' for money due on a bond. The execution of the bond is admitted, but 'B' says it was obtained by fraud, which 'A' denies. (a) On whom does the burden of proof lie, A or B? Give reason with provision. (b) In the above matter, if the execution of the bond is not admitted, what difference does it make? Then on whom does the burden to prove lie? Give reason.
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Q.4 Q.4: Answer in detail the following, any four (48 Marks)

1. (a) Explain the exclusion of oral by documentary evidence.
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2. (b) Explain in detail the examination of different witnesses by the court.
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3. (c) Explain the principle of estoppel.
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4. (d) Judgments of courts of justice, when relevant.
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5. (e) What is primary evidence and what is secondary evidence? How are primary and secondary evidence proved? When can secondary evidence be given?
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6. (f) What is admission? What is confession? Explain in detail and compare them.
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