LL.B. (Five Years) Sem 10 BSA and Law of Evidence Apr 2011 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) Attempt all questions. (2) Figures to the right indicate the marks allotted.

SECTION I - Q.1: Answer the following in not more than two lines (20 Marks)

1. Q1 Define an admission.
2. Q2 When is the opinion of a Handwriting Expert relevant?
3. Q3 State the main legal position of a Dumb witness.
4. Q4 What is a leading question? When can it not be asked?
5. Q5 Explain in short 'Judgements in Rem' and 'Judgements in Personam'.
6. Q6 What is the evidentiary value of an accomplice?
7. Q7 Explain in short the Power of Court to put questions and the effect thereupon.
8. Q8 When can 're-examination' of a witness be asked for?
9. Q9 To which Proceedings is the Evidence Act not applicable?
10. Q10 What is the necessity and scope of Cross Examination of a witness?

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

1. Q11 Relevancy of opinion as to right, custom and usages.
2. Q12 Production of documents during the trial.
3. Q13 Evidential value of a public document.
4. Q14 Explain the burden of proof with reference to cases pertaining to the relationship between: (i) Partners inter se (ii) Principal and agent and (iii) Death of a person.
5. Q15 Critically comment on facts which need not be proved.
6. Q16 Explain the presumptions under the Evidence Act.

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

1. Q17 Dilip made a statement to the police that he has cut the throat of his wife with a knife and the said knife is lying in a water tank which is in the kitchen. In consequence of the said statement, the police found the knife at the place indicated in the statement. (i) Which part of the statement is admissible? (ii) Which part of the statement is not admissible?
2. Q18 Ashok, who is an accused for the offence of murder, issued a letter to a police officer explaining therein how he has committed the murder. (i) Whether this letter of Ashok can be called a confession? (ii) What is the evidential value of the said letter?
3. Q19 A lawyer, in the course of his employment as a legal adviser, received certain information and instructions from his client, which was confidential in nature. After the death of the said client, the lawyer was called upon to give evidence and to disclose certain information received from the deceased client, mentioned above. (i) Is the lawyer permitted to do so? (ii) How is the lawyer protected under the Evidence Act, in the above situation?

SECTION IV - Q.4: Answer in full details, any four (48 Marks)

1. Q20 Explain the burden of proof relating to ownership, birth, marriage and dowry death.
2. Q21 Explain in detail the kinds of confessions and the consequences of a confession.
3. Q22 What is a dying declaration and its evidential value?
4. Q23 Explain in detail what is Estoppel and distinguish it from admission.
5. Q24 'Oral evidence and documentary evidence are the foundation stones of any trial'. Comment.
6. Q25 Explain and distinguish between Direct Evidence and Circumstantial Evidence.

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