LL.B. (Three Years) Sem 6 BSA and Law of Evidence Nov 2022 Evidence 60/40 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 the following in one or two sentences, any six (12 Marks - 2 marks each)

1. Q1 What are leading questions?
2. Q2 When can a witness be re-examined?
3. Q3 When can a witness be compelled to answer a question?
4. Q4 Define the term 'fact in issue'.
5. Q5 Define the term 'Affidavit'.
6. Q6 What is an extra-judicial confession?
7. Q7 Explain Res Gestae.
8. Q8 Which facts must be proved?
9. Q9 Which facts must be proved by oral evidence?
10. Q10 On whom does the 'Burden of proof' lie?

SECTION II - Q.2: Write short notes on any two (12 Marks - 6 marks each)

1. Q11 Presumption relating to documents thirty years old.
2. Q12 Difference between Admission and Confession.
3. Q13 Discuss the exclusion of hearsay evidence.
4. Q14 Burden of proof.

SECTION III - Q.3: Answer the following with reasons, any two (12 Marks - 6 marks each)

1. Q15 A witness during examination-in-chief forgets the statement given to the police due to lapse of time. (i) Can the witness refresh his memory? (ii) What will the prosecutor do if the witness turns hostile?
2. Q16 P was accused of murdering her nephew. She was sent to police custody and then was taken for medical examination. At the time when she was being examined by the doctor, P confessed to the doctor that she murdered her nephew. The policeman who brought P was standing outside the medical examination room and overheard this. (i) Is the confession made by P to the doctor admissible in evidence? State your answer with proper reason. (ii) Explain the binding effect of such confession on P.
3. Q17 The genuineness of a signature on a document was in dispute. The parties produced evidence and the written report of the handwriting expert, but did not examine the handwriting expert. (i) Whether the oral examination of the handwriting expert is mandatory? (ii) Whether the court can declare the document a forged document only on the basis of the expert's opinion?
4. Q18 Mohan, an adopted son of Radhaben, files a suit against Kantilal, the brother of the deceased Radhaben, claiming that his deceased mother had left all her property for him and he is the only successor to the intestate property. Kantilal denies the fact of Mohan's lawful adoption. Mohan wants to file a suit for declaration of successor and title to the suit property. (i) Is the suit maintainable? (ii) On whom does the burden of proof lie, and why?

SECTION IV - Q.4: Answer the following in detail, any two (24 Marks - 12 marks each)

1. Q19 Explain the law relating to proof of attested documents.
2. Q20 Explain the rules regarding Hearsay Evidence. State the exceptions thereto, if any.
3. Q21 "Oral evidence in all cases must be direct". Explain this rule with illustrations and exceptions.
4. Q22 Explain in detail the different types of communications.

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