Law of Evidence · Semester 2

Law of Evidence · January 2012 (5-YDC)

Download PDF
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 1 Semester 2. Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Law of Evidence · January 2012 (5-YDC)

January (5-YDC) 2012 · Law of Evidence · Semester 2

FACULTY OF LAW
B.A. LL.B. (5 YDC) III Year V Semester Examination, January 2012
Subject: LAW
PAPER - V: LAW OF EVIDENCE
Code: 1098 | Time: 3 Hours | Max. Marks: 80
PART - A (5 x 6 = 30 Marks) — Answer any five of the following.
1. Relevancy and Admissibility.
2. Conclusive Proof.
3. Res gestae.
4. Admissions.
5. Dying Declaration.
6. Oral Evidence.
7. Kinds of Estoppel.
8. Competence of the Witness.
PART - B (2 x 15 = 30 Marks) — Answer any two of the following.
9. What is "Confession"? What is the competence of the police to record a confessional statement?
10. Who is an Expert? When is an Expert's opinion relevant?
11. What are the presumptions in suicide and dowry death cases?
12. What are the stages of examination of witnesses? Illustrate.
PART - C (2 x 10 = 20 Marks) — Answer any two of the following.
13. There is a dispute between A and B (neighbours) with regard to a right of way and right of
easement. A made a statement that he acquired the right of way from his great grandfather's time.
What is the relevant provision of the Indian Evidence Act to deal with the relevancy and
admissibility of A's statement? Explain.
14. In a civil case the plaintiff brought a Xerox copy of the original mortgage deed as evidence. Is it
possible to admit a Xerox copy of the original? If so, what are the circumstances under which a
Xerox copy can be admitted?
15. A made a statement to B that he was the owner of a particular residential house. B believed it
and purchased the property. In fact, A was not the owner at the time of sale but subsequently
inherited the property from his father. Can A simply plead that he was not the owner at the time of
sale? What is the legal position?

16. A, an accused person, disclosed important information pertaining to an alleged crime to his wife
during the subsistence of their marriage. Now the prosecution is compelling the wife to give
evidence about the information disclosed by her husband. What privilege does the wife have?

Part A · 6 marks

  1. Relevancy and Admissibility.
    Year and frequency →
  2. Conclusive Proof.
    8× in bank Topics: Burden of proof and presumptions
    Year and frequency →
  3. Res gestae.
    9× in bank
    Year and frequency →
  4. Admissions.
    2× in bank Topics: Admissions and confessions
    Year and frequency →
  5. Dying Declaration.
    4× in bank Topics: Dying declarations and statements of persons who cannot be called
    Year and frequency →
  6. Oral Evidence.
    2× in bank Topics: Oral and documentary evidence; exclusion of oral by documentary
    Year and frequency →
  7. Kinds of Estoppel.
    Topics: Estoppel
    Year and frequency →
  8. Competence of the Witness.
    Year and frequency →

Part B · 15 marks

  1. What is "Confession"? What is the competence of the police to record a confessional statement?
    Year and frequency →
  2. Who is an Expert? When is an Expert's opinion relevant?
    Topics: Facts in issue, relevant facts and the same transaction; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  3. What are the presumptions in suicide and dowry death cases?
    2× in bank Topics: Burden of proof and presumptions
    Year and frequency →
  4. What are the stages of examination of witnesses? Illustrate.
    Topics: Examination of witnesses
    Year and frequency →

Part C · 10 marks

  1. There is a dispute between A and B (neighbours) with regard to a right of way and right of easement. A made a statement that he acquired the right of way from his great grandfather's time. What is the relevant provision of the Indian Evidence Act to deal with the relevancy and admissibility of A's statement? Explain.
    Topics: Facts in issue, relevant facts and the same transaction; Oral and documentary evidence; exclusion of oral by documentary; Identification, conspiracy and facts otherwise relevant
    Year and frequency →
  2. In a civil case the plaintiff brought a Xerox copy of the original mortgage deed as evidence. Is it possible to admit a Xerox copy of the original? If so, what are the circumstances under which a Xerox copy can be admitted?
    Topics: Oral and documentary evidence; exclusion of oral by documentary
    Year and frequency →
  3. A made a statement to B that he was the owner of a particular residential house. B believed it and purchased the property. In fact, A was not the owner at the time of sale but subsequently inherited the property from his father. Can A simply plead that he was not the owner at the time of sale? What is the legal position?
    Year and frequency →
  4. A, an accused person, disclosed important information pertaining to an alleged crime to his wife during the subsistence of their marriage. Now the prosecution is compelling the wife to give evidence about the information disclosed by her husband. What privilege does the wife have?
    Topics: Oral and documentary evidence; exclusion of oral by documentary
    Year and frequency →