LL.B. (Three Years) Sem 6 BSA and Law of Evidence Apr 2024 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.

Q.1 Q.1: Answer in one or two sentences, any six (12 Marks - 2 marks each)

1. (a) Define Court.
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2. (b) On which facts may evidence be given?
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3. (c) What is conclusive proof?
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4. (d) What is meant by Facts?
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5. (e) What is Re-examination?
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6. (f) What is Burden of Proof?
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7. (g) What is meant by Proved?
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8. (h) What is 'shall presume'?
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9. (i) Who is a Dumb Witness?
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10. (j) Who is an Accomplice?
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Q.2 Q.2: Write short notes, any two (12 Marks - 6 marks each)

1. (a) Refreshing memory.
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2. (b) Presumptions as to gazettes in electronic forms.
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3. (c) Leading questions.
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4. (d) Documents.
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Q.3 Q.3: Solve any two of the following with reasons or justifications (12 Marks - 6 marks each)

1. (a) A Barrister is instructed by an Attorney or Vakil that an important witness is a Dacoit. (i) Can the barrister ask the witness whether he is a Dacoit? Give reasons. (ii) Who can ask leading questions, and when?
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2. (b) Kia, a client, says to Shekhar, an Attorney: "I have committed forgery and I wish you to defend me." (i) Can Kia keep it secret, or is he required to disclose the same to the police? (ii) Give reasons.
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3. (c) Mrs. Rohini was poisoned by her husband. She made a statement implicating her husband's role in killing her before a stranger, Mr. Rakesh. (i) Whether Rohini's statement is a dying declaration? Explain why. (ii) What is the nature of the dying declaration made by Rohini? Is it admissible in the Court?
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4. (d) The advocate for the accused appeared in the case at trial and observed that one of the witnesses tendered by the prosecutor is a 'dumb' person, and the prosecutor himself was narrating to the court what the dumb witness had seen at the crime scene. (i) Can such a witness testify in the court? Explain, citing the relevant provision. (ii) Was the prosecutor correct in narrating what the witness had seen? Explain why.
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Q.4 Q.4: Answer the following in detail, any two (24 Marks - 12 marks each)

1. (a) Explain what examination in chief and cross examination are. When are they held, and for what purpose?
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2. (b) Define Evidence. Explain the different types of evidence along with their evidentiary value.
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3. (c) Explain Estoppel and the different types of Estoppel.
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4. (d) Describe in detail the theory of relevancy.
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Read from the scan above, so a character or two may differ. The scan is the original.