LL.B. (Three Years) Sem 6 BSA and Law of Evidence Nov 2016 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 each of the following in one or two sentences (20 Marks)

1. Q1 What is fact?
2. Q2 What is a Leading question?
3. Q3 On whom does the burden of proof lie?
4. Q4 Which facts need not be proved?
5. Q5 Presumption as to electronic messages.
6. Q6 Which facts can be proved by oral evidence?
7. Q7 Rules as to notice to produce.
8. Q8 Define 'Relevant'.
9. Q9 What is a dying declaration?
10. Q10 Opinions of Experts.

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

1. Q11 Refreshing memory.
2. Q12 Motive and preparation, when relevant.
3. Q13 Oral Evidence must be direct.
4. Q14 Conclusive proof.
5. Q15 Admissibility of electronic records.
6. Q16 Judge's power to put questions or order production.

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

1. Q17 '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.
2. Q18 A agrees in writing to sell a horse to B for Rs. 1,000 or Rs. 1,500. (a) Whether evidence can be given to show which price was to be given? (b) Give reason with provision.
3. Q19 '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 to prove lie, A or B? Give reason with provision. (b) In the above matter, if the execution of the bond is not admitted, what difference would it make? Then on whom does the burden to prove lie? Give reason.

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

1. Q20 Explain in detail the provisions of law regarding statements by persons who cannot be called as witnesses.
2. Q21 What is primary and secondary evidence? How are they proved? When can secondary evidence be given?
3. Q22 'Exclusion of oral by documentary evidence.' Explain.
4. Q23 Who may testify? Which questions are lawful in cross examination as per section 146? When is impeaching the credit of a witness allowed?
5. Q24 What is Estoppel? Explain in detail the different types of estoppel.
6. Q25 What is admission? What is confession? Explain in detail and compare them.

Read from the scan above, so a character or two may differ. The scan is the original.