Legal Bites brings to you Law of Evidence Mains Questions Series Part-VII. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
Law of Evidence Mains Questions Series Part-VII
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
Law of Evidence Mains Questions Series Part-VII of X
Explain, with reasons, whether extrinsic oral evidence is admissible in any of the following cases:
- A sells B a horse and verbally warrants him sound. A gives B a paper in these words. “Bought of A, a horse for Rs. 500.” Can B prove the verbal warranty?
- A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. Can A prove this in a suit for account?
- A sale in good faith by the client to an attorney, is in question, in a suit by the client.
- A agrees to sell to B for Rs. 1000/- my white horse. A has two white horses. Can evidence be given to facts that show which of them was meant?
The maxim FALSUS IN UNO FALSUS IN OMNIBUS (false in one particular false in all) is everywhere a somewhat dangerous maxim, but it is especially dangerous in India. Amplify this statement. What are the general principles to appreciate oral testimony of a witness in a criminal trial? [D.J.S. 1990]
What is meant by “Patent ambiguity” and “Latent ambiguity”? How far oral evidence is admissible to explain or-amend each of such ambiguities in documents. Illustrate. [HR.J.S. 1996, U.P.C.J. 1986, 2000, 2013, U.P.A.P.O. 1984, 2015]
State the exception to the rule that no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding to, subtracting from, the terms of a written instrument.
- When can the evidence, to explain or amend an ambiguous document, be given? What are the provisions under the Evidence Act regarding the evidence as to the terms or words, language or meaning of the contents of a document?
- What is the distinction between patent and latent ambiguity? [U.P.C.J. 1986, 2000, 2013, U.P.A.P.O. 1984, 2015]
- What do you mean by the term burden of proof? [U.P.C.J. 1987, 2012, M.P.C.J. 2006, U.P.H.J.S. 2000, 2016]
- On whom does the burden lie during the trial before the Court?
- Explain with reasons on whom the burden of proof lies in the following cases:
- A desires the Court to give judgment that B shall be punished for a crime which A says B has committed.
- A desires the Court to give judgment that he is entitled to certain land in possession of B, A asserts and B denies.
- A, accused of murder, alleges that by reason of unsoundness of mind he did not know the nature of the act.
A, who is a school teacher in Allahabad, filed a suit for divorce in Lucknow Court against her husband on the ground of cruelty. Husband denying the charge also challenges the jurisdiction of the Lucknow Court. On whom does the burden of proof lie?
On whom does the burden of proof lie in the following cases:
- The burden of proof as to a particular fact
- The burden of proving fact to be proved to make evidence admissible.
- The burden of proving that case of the accused comes within exceptions.
- The burden of proving fact especially within knowledge. [U.P.C.J. 2018]
- The burden of proving the death of a person known to have been alive within thirty years.
- The burden of proving that a person is alive who has not been heard of for seven years.
- The burden of proof as to relationship in the cases of partners, landlord or tenant, principal, and agent.
- The burden of proof as to ownership.
A filed a suit against her maternal uncle B seeking partition of her share in land measuring about 24 acres left behind by A’s father. B resisted the suit on the ground that A’s mother who was an old, blind, tribal woman, and was living with B had executed a sale deed in favor of ‘W. A challenged the sale on the ground that it was obtained by exercising undue influence on her mother, who was a blind, illiterate, a tribal woman living at the mercy of B till her death.
B led no evidence to show that any consideration had actually passed at the time of registration of sale deed. In these circumstances, whether ‘A’ can be said to have discharged the onus of proof that the sale transaction was vitiated because of undue influence? How would you decide the question of the onus of proof in these circumstances? [D.J.S. 1996]
A who is charged with traveling on a railway without a ticket says that he had a ticket. On whom does the burden of proof lies in this case? [HR.J.S. 1995, W.B.J.S.1975, Bihar J.S. 1978]
A has not been heard of for more than seven years. On whom the burden of proof lies that A is alive? [HR.J.S. 2000]
- On whom does the burden of proving good faith in transactions where one party is in the relation to active confidence, lie?
- Is there any presumption of law relating to the legitimacy of the child? Discuss it in detail. [Bihar J. 2014]
- Decide paternity of the child in the following cases:
- A married B. After marriage within 5 months, B delivered a child.
- A married B. The wife B was living in adultery. She delivered a child.
- A is the paramour of B. Mistress B delivered a child during the period of her concubinage. Is the presumption of paternity available for this child?
‘IP’ was the wife of ‘X’. Two months after the death of ‘X’, she remarries `Y’. Five months after the marriage, a son `Z’ is born to `P’. Who is legally the father of `Z’? Answer referring to the relevant provisions of the Evidence Act. [U.P.H.J.S. 2009]
Discuss the distinction of relevancy and admissibility of scientific techniques, like Polygraph Test, Narco Analysis Test and DNA Test as applied to the cases involving the law of paternity as against criminal law with special reference to the ratio of the decisions in the case of Mahan I Prasad Jena v. Convenor Secretary, Orissa State Commission for Women and another, (2010) 8 SCC 633, Selvi and others v. the State of Karnataka, (2010) 7 SCC 263 and the latest decision in the case of Dipanwita Roy v. Ronobroto Roy, Civil Appeal No. 9744 of 2014, decided on 15.10.2014. [U.P.H.J.S. 2014]
‘A’s wife applies and gets maintenance fixed for herself and her new-born child. The husband denies paternity and applies to the court for a blood group test of the mother and the child and his own. Write a reasoned order.
A and B were married in 2000. They were living happily and had a son C in 2002. ‘A’ the husband started suspecting that B the wife was having an extramarital affair with D and the child C is not his son. He filed a petition for divorce against B in 2004 on the ground of adultery and cruelty and got a decree of divorce. When B filed for maintenance for C, A declined that C is his son and asked for a DNA test to be done on C to determine his paternity.
The test was done and the result showed that C was not the son of A. Is A liable to pay the maintenance of C? Decide with reasons. [D.J.S. 2006]
H Divorces his wife W in the month of December 2004. W gets married to A in the month of January 2005 and delivers a child in the month of May 2005. A disowns the child. Can it be claimed that C is the legitimate son of A. [D.J.S. 2006]
What is the presumption as to certain offenses against State?
Write notes on the following:
- Proof of cession of territory.
- Proof as to abetment of suicide by a married woman.
- Presumption as to dowry death.
“The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business in their relation to the facts of the particular case”. Explain and illustrate the proposition.
When is the presumption as to the absence of consent in certain prosecutions for rape?
Define Estoppel? What are the various kinds of Estoppel? [R.J.S. 1992, 1991, BIHAR J. 1980, 1986, 2000, 2006, 2011]