LLB 3 Years Sem 6 Law Of Evidence Nov 2022 Question Paper - Mumbai University | munotes

Questions asked in this paper

• 2. Figures to the right indicate full marks

1. Q1 Answer the following in one or.two sentences (Any six) 12 marks
   • a. What are leading questions?
   • b. When can a witness be re-examined?
   • c. When can a witness be compelled to answer a question?
   • d. Define the term 'fact-in-issue'
   • e. Define the term
   • f. What are extra - judicial confession?
   • g. Explain Res Gestae
   • h. Which facts must be proved?
   • i. Which facts must be proved by oral evidence?
   • j. On whom ‘Burden of proof? lies?
2. Q2 Write short notes on (Any two) 12 marks
   • a. Presumption relating to documents thirty years old
   • b. Difference between Admission and Confession
   • c. Discuss exclusion of hearsay evidence
   • d. Burden of proof Answer the following with reasons (Any two) (12)
   • a. A witness during examination-in-chief forgets the statement given to the police due to lapse of time the witness refresh his memory?
   • ii. What will the prosecutor do if the witness turns hostile?
   • b. 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
   • ii. Explain the binding effect of such confession on P Paper Subject Code: Law of Evidence
   • c. Genuineness of a signature on a document was in dispute. Parties produced evidence and the written report of the handwriting expert but did not examine the handwriting expert
3. Q1 Whether the oral examination of the handwriting expert is mandatory?
   • ii. Whether the court declare the document as forged document only on the basis of expert’s
   • d. Mohan an adopted son of Radhaben files a suit against Kantilal the brother of 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 lies and why?
4. Q4 Answer the following in detail (Any two) 12 marks
   • a. Explain the law relating to proof of attested documents
   • b. Explain the rules regarding Hearsay Evidence. State the exceptions thereto, if any
   • c."Oral evidence in all cases must be direct". Explain this rule with illustration and
   • d. Explain in detail different types of communications Paper Subject Code: Law of Evidence
   • S. CARS
   • b. UR Paper Subject Code: Law of Evidence
   • S. ade

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