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Law of Evidence - December 2010 3YDC

Question Type Question  
Short Primary Evidence.
Short Relevancy
Short Judicial Confessions
Short Experts opinion
Short Dying Declaration
Short Judgement in Rem
Short Examination-in-Chief
Long Explain the doctrine of "Res Gestae".
Long What are Admissions? What Admissions are relevant under the Indian Evidence Act?
Long Explain the rules relating to burden of proof in criminal cases.
Long What is Cross-Examination? Explain its nature and scope?
Problem "A" was prosecuted for the murder of B. Earlier, while "A" was in the custody of police during investigation has made a confessions stating the "I myself have killed "B", with a knife. I have hidden the knife in my house." Is this confession relevant as evidence? Discuss.
Problem "A" sues "B" for tresspass on his land. "B" alleges the existence of a public right of way over the land. In support of his contention, he produces a copy of a previous judgement in favour of one "C", the neighbour of "A", in which the court has held that, there is a right of way over the land of "A". Is this judgement. Relevant as evidence in the suit between "A" and "B"? Discuss.
Problem "A" a client says to "B", his Advocate, "I have committed forgery. Please defend me". "B" the Advocate intends to disclose this information to the police. Can he be prevented from disclosing the same? Discuss.
Problem "A" intentionally and falsely leads "B" to believe that certain land belongs to him and thereby induces "B" to buy and pay for it. The said land afterwards becomes the property of "A". "A" seeks to set aside the same on the ground that at the time of the sale, he had no title. Can he do so? Decide.
Short Conclusive Proof.
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