LL.B. (Five Years) Sem 10 BSA and Law of Evidence Nov 2013 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in two or three sentences each of the following (20 Marks)

1. Q1 Explain the term "Res Gestae".
2. Q2 Define "evidence".
3. Q3 What is the "digital signature"?
4. Q4 Explain where the Indian Evidence Act is not applicable.
5. Q5 Differentiate between "Judgment in rem" and "judgment in personam".
6. Q6 Explain the terms "Confession" and "Admission".
7. Q7 When is the character of the accused relevant?
8. Q8 How is a witness declared "hostile"?
9. Q9 Who is an "Accomplice"? When does his evidence lead to conviction?
10. Q10 What is "hearsay evidence"? How is it admissible?

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

1. Q11 Production of documents.
2. Q12 Presumptions.
3. Q13 Conspiracy.
4. Q14 Differentiate between onus of proof and burden of proof.
5. Q15 Examination of witnesses.
6. Q16 Dumb witness.

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

1. Q17 Dr. Deshmukh, in his maternity Hospital, maintains records of delivery; the delivery of X's mother in his presence, where the baby is a male child, has been recorded in the register on 07.10.2001. (a) Which provisions of the law of evidence will be applicable in the instant case? (b) Why and how are the records maintained by the hospital relevant?
2. Q18 A lawyer received certain instructions from his client as legal adviser, which are confidential in nature. In the absence of the client the lawyer was called to lead evidence of the confidential information. (a) Is the lawyer liable to disclose the same? (b) If not, how is the lawyer protected under the evidence law?
3. Q19 Mrs. Rohini Balchandran, in her suicide note dated 07.12.2011, which was found near her body the next day, i.e. 08.12.2011, had pointed out her husband as responsible for physical torture as well as mental harassment regularly till her death. (a) Does the statement made in the suicide note have evidentiary value? (b) If so, which are the provisions of Evidence Law applicable in the instant case?

SECTION IV - Q.4: Answer in detail the following, any four (48 Marks)

1. Q20 Clarify and distinguish between direct evidence and circumstantial evidence.
2. Q21 Explain the context of judicial notice and narrate all those facts which need not be proved, with suitable examples.
3. Q22 Identify in detail the presumptions as to documents under the law of evidence.
4. Q23 What are the different kinds of estoppel? Distinguish them from res judicata.
5. Q24 Explain in detail the provisions of evidence law dealing with leading questions. Which questions can legally be asked in these circumstances?
6. Q25 When is the evidence of experts relevant? Explain their relevancy with reference to handwriting, digital signature and the opinion of the expert.

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