LL.B. (Five Years) Sem 10 BSA and Law of Evidence Dec 2017 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 On whom does the burden of proof lie?
2. Q2 When do facts not otherwise relevant become relevant?
3. Q3 What facts can be proved by oral Evidence?
4. Q4 In civil cases, when are admissions not relevant?
5. Q5 Presumption as to dowry death.
6. Q6 What is conclusive proof?
7. Q7 When are entries in books of account relevant?
8. Q8 When is the opinion of the examiner of electronic evidence taken?
9. Q9 What is an ambiguous document?
10. Q10 How is the credit of a witness impeached?

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

1. Q11 Judge's power to put questions or order production.
2. Q12 Privileged communication made during marriage.
3. Q13 Private and Public documents.
4. Q14 Rules as to notice to produce.
5. Q15 When a confession given during police custody is relevant.
6. Q16 Evidential value of a dying declaration.

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

1. Q17 'A' is accused of a crime. (a) Is the fact that, soon after the commission of the crime, A absconded from his house relevant? Explain with provision. (b) The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went: is it relevant? Explain with provision.
2. Q18 A wishes to prove a dying declaration by B. (a) What does A have to prove first? Explain with provision. (b) A tries to prove in court, by secondary Evidence, the contents of a lost document. How is it to be proved? Explain with provision.
3. Q19 (a) A, a client, says to B, an attorney: "I have committed forgery and I wish you to defend me." Whether B can keep it secret or is required to disclose it to the Police? Give reason. (b) A, a client, says to B, an attorney: "I wish to obtain possession of property by the use of a forged deed, on which I request you to sue." Can B keep it secret, and whether he is protected? Give reason.

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

1. Q20 What is admission? Who can make a valid admission and when? Explain in detail.
2. Q21 Who may testify? Who are privileged witnesses? What privilege do they enjoy, and what are the limitations on the said privilege?
3. Q22 What is burden of proof? On whom does the burden of proof lie? Explain with the help of sections 101 to 111 of the Evidence Act.
4. Q23 When does the Court disallow oral evidence? Explain in detail, with exceptions if any.
5. Q24 How are the contents of documents proved? What is primary and secondary Evidence? When can it be given and how?
6. Q25 Explain in detail when the character of a person is relevant in Civil and Criminal matters. Explain with provision.

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