LL.B. (Three Years) Sem 6 BSA and Law of Evidence 2021-22 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

MCQ Multiple choice questions (30 Marks - 1.5 marks each)

1. 1 Generally dying declarations are admissible as evidence under: (a) Section 20 of the Indian Evidence Act, 1872 (b) Section 25 of the Indian Evidence Act, 1872 (c) Section 32 of the Indian Evidence Act, 1872 (d) Section 35 of the Indian Evidence Act, 1872
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2. 2 Accused wants to submit a document for consideration under section 35 of the Indian Evidence Act, 1872. In which of the following cases will the document become irrelevant? (a) It is not an entry made in a public or other official book, register or record (b) It does not deal with a fact in issue (c) It does not deal with a relevant fact (d) It is not an entry made by a public servant
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3. 3 The definition of secondary evidence has been given under ______ of the Indian Evidence Act, 1872: (a) Section 61 (b) Section 62 (c) Section 63 (d) Section 64
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4. 4 Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to electronic signatures? (a) Section 67 (b) Section 67A (c) Section 67B (d) Section 67C
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5. 5 Which of the following statements hold true for section 154 of the Indian Evidence Act, 1872? (a) The Court is bound to give leave if the requirements are met (b) The witness must be declared hostile before making a plea under this section (c) The Court can give the leave under this section suo motu (d) All of these
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6. 6 A person summoned to produce a document: (a) Does not become a witness in the case unless he is called as a witness (b) Automatically becomes a witness in the case (c) Automatically becomes a hostile witness in the case (d) Can be cross examined without being called as a witness
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7. 7 What is not included in 'court' as per the Evidence Act? (a) Lower civil courts (b) Arbitrator (c) Tribunals (d) Labour Courts
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8. 8 When the documents have been divided into many parts, then every part of the documents is considered ______ evidence: (a) Secondary (b) Cancelled (c) Primary (d) Rejected
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9. 9 Who has to give certified copies? (a) Private person (b) Public Officials (c) Traders (d) All of the above
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10. 10 Proof of an admitted fact is: (a) Not Necessary (b) Not permitted (c) Not relevant (d) Not admissible
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11. 11 The credit of a witness cannot be impeached by stating that ______: (a) The witness is unworthy of credit (b) He has taken a bribe (c) Contradiction in the witness's statement (d) He is a relative of the victim
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12. 12 How many witnesses are necessary? (a) Minimum two witnesses (b) Not more than 7 witnesses (c) No particular number provided by law (d) Depends upon the court
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13. 13 The Doctrine of Estoppel is a: (a) Substantive Law (b) Rule of Equity (c) Rule of Evidence (d) Law of Pleading
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14. 14 A lawyer received certain instructions from his client as his legal advisor, which are confidential in nature. In the absence of the client, the lawyer was called to lead evidence of the confidential information. Under which Section is the lawyer protected not to disclose the Information? (a) Section 126 (b) Section 131 (c) Section 129 (d) Section 112
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15. 15 A 'Mute Evidence' given in writing by a deaf person in an open court shall be deemed as: (a) Documentary evidence (b) Hearsay evidence (c) Oral evidence (d) Primary evidence
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16. 16 Which of the following is included in the definition of Evidence by the Information Technology Act, 2000? (a) Social Media (b) Electronic record (c) E-mail (d) Compact Disk
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17. 17 In which of the following cases did the Supreme Court of India say that it is not an absolute rule of law that a dying declaration must be corroborated by other evidence before it can be acted upon? (a) Sharad Birdhichand Sarda vs. The State of Maharashtra (b) Pakala Naralyaria Swami vs. The Emperor (c) Kaushal Rao vs. The State of Bombay (d) Harjit Kaur vs. The State of Punjab
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18. 18 A was in custody on a charge of murder. B, a fellow prisoner, came to him and said, 'I wish you would tell me how you murdered the boy'. 'A' replied, 'Will you be upon your oath not to mention what I tell you?' 'B' promised. 'A' then made a statement. That this was not such inducement to confess as would render the statement inadmissible was held in: (a) Rex vs. Shaw (b) R vs. Malone (c) R vs. Bree (d) R vs. Sharp
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19. 19 In which suits are such facts relevant which enable the court to determine the amount of damages which ought to be awarded? (a) All Suits (b) Suits for damages (c) Suits for recovery of specific immovable property (d) Suits for recovery of specific movable property
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20. 20 Which one of the following does not refer to "facts which need not be proved"? (a) Facts which the parties agree to admit at the hearing (b) Facts which agents of the parties agree to admit at the hearing (c) Facts of which the Court will take judicial notice (d) Facts of cases based on circumstantial evidence
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DTQ Descriptive questions, all compulsory (30 Marks - 3 marks each)

1. 1 When is the conduct of an accused person relevant in the court of law? Explain.
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2. 2 Write a note on Public Documents.
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3. 3 How much of the information received from the accused may be proved? Explain.
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4. 4 State the difference between Confessions and Admissions.
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5. 5 Write the difference between Estoppel and Res Judicata.
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6. 6 Who is a hostile witness? Who cross-examines the hostile witness?
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7. 7 Write a note on Blind and Dumb Witnesses.
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8. 8 State the difference between Direct Evidence and Hearsay Evidence.
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9. 9 A obtained a copy of a certain document which he had no right to inspect. He intends to admit this document in the Court as Evidence and has therefore come to you for advice on the following: (a) Can A admit this document as Evidence? Give proper reasons. (b) What are the rules of Evidence for Certified Copies of Public Documents?
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10. 10 Write a note on Presumption in certain offences.
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