law of evidence dec 2009

33-67-503THREE L.L.B DEGREE EXAMINATIONS – DECEMBER-2009.

FIFTHSEMESTERPAPER -2 LAW OF EVIDENCE

(Semester pattern 2001-2002)

Time: 3 Hours Max Marks: 100Part-A (Short Answer Questions)

Write short notes on any six questions of the following Each question carries 4 Marks

(Marks: 6x4=24)

1. Hearsay evidence.

2. Trap witness. Ancient documents.

3. Ancient documents.

4. Ex-opinion.

5. Re-examination.

6. Fact-in-issue.

7. Conclusive proof.

8. Child witness.

9. Accomplice.

Part-B (ESSAY TYPE QUESTIONS)Answer any Two of the followingEach question carries 18 marks

(Marks: 2x18=36)

10. “All relevant facts are admissible and all irrelevant facts

are rejected” Comment.

11. Define a confession Distinguish it from admission and

explain involuntary confessions.

12. What is presumption? What are the various presumption

allowed under the Indian Evidence Act?

13. Distinguish between Burden of proof and Onus of proof.

What is the distinction between civil and criminal cases

regarding standard of proof?

Part-c (Case Comment Type questions)Answer any two questions

Each question carries 20 marks(Marks: 2x20=40)

14. A and B were married in 2002 and have two children. B

the Husband underwent a vasectomy operation in 2006. In

2007, a wife delivered children. Id it a legitimate child?

How can it be proved that b is the father of child?

15. X died of injuries received in an attack. Before his death

he went to police station and lodged a report clearly stating

details of attack on him. Decide the question can an FIR be

used as a dying declaration in this case an FIR be used as a

dying declaration in this case? Explain.

16. A committed murder of B. He went to X, an advocate,

disclosed all the facts to him and asked him to defend his

case. X refused there upon A engages Y as his advocate. At

the trail X appeared as a prosecution witness and whetted to

prove the confession made to him by a. Is that admissible?

Advice.

17. Raj claims Rs 10 lakes from National insurance company

under fire policy. The company contends that it is not liable

as the fire was not accidental, but intentional. To prove the

same, it brought evidence that Raj lived in several houses

and insured them, in each of which a fire occurred and Raj

revived insured mount is the evidence relevant? Discuss.

33-67-505THREE L.L.B DEGREE EXAMINATIONS – DECEMBER-2009.

FIFTHSEMESTERPAPER -5 LAW OF BANKING

(Semester pattern 2001-2002)



(Marks: 6x4=24)

1. Bill of Exchange.

2. Endorsement.

3. Holder and holder in due course.

4. Accommodation Bills.

5. Deposits.

6. Credit control.

7. Cash Reserve.

8. Amalgamation of Banks.

9. Banker’s Lien.


(Marks: 2x18=36)

10. Describe the various types of customers of a Bank.

Explain the position of a minor as a customer of a Bank.

11. What is the legal status of a Bank draft? Is it cheque or

Bill of Exchange?

12. Define a holder in due course. What are his privileges

under the Negotiable Instrument Act.

13. Briefly state powers and functions of Reserve Bank of

India under RBI Act, 1934.



14. A executed a promissory note in favors of B. Without B’s

demanding payment. A paid the money due on the note to b

but left the note in his hands. Subsequently, b indorsed the

note to C for consideration. C had knowledge of the payment

made by . C hd knowledge of the payment made by A. c brings

a suit against a and b for recovery of money on the pre-note

will he succeed against either or both? Decide.

15. Cheques payable to company were indorsed by director

to himself in his capacity as director and paid into his personal

account with bank for collection. The bank received the money

and allowed him to withdraw. Is the bank libel to the company

for conversion of its cheques? Decide.

16. A break open B’s cheque book. He then forges B’s

signature on a cheque and obtains money on it from B’s

signature on a cheque and obtains money on it from B’s banker

and then disappears. Who should bear the loss, B or the Bank?

17. A customer of commercial bank deposited Rs. 5 lakhs for

a period of Ten years making believing his girl-friend that she

is entitled that amount after maturity as she is the ‘nomine’

Much before the maturity data the customer died. Both the

wife and girl-friend claimed that amount. Advise the Bank.

3367501THREE L.L.B DEGREE EXAMINATIONS – FEBRAURY-2009.

FIFTHSEMESTERPaper -1 CIVIL PROCEDURE CODE AND LIMITATION ACT

(Revised Regulations w.e.f. 2001-2002)



(Marks: 6x4=24)

1. Res sub-judice.

2. Sufficient cause.

3. Written statement

4. Inter pleader suit.

5. Revision.

6. Acknowledgement.

7. Distinguish between ‘Order and Decree”

8. Judgment debtor.

9. Foreign Judgment.


(Marks: 2x18=36)

10. What are the different modes of service of summons

under the Code of Civil Procedure?

11. Discuss the different modes of execution of a decree.

12. What is meant by ‘Review’? Explain the grounds on which

a court can review its own judgment.

13. The Limitation Act with regard to personal actions bars

the remedy, without extinguishing the right. Explain the

implication of this statement. In what causes the expiry of

period of limitation extinguishes the right itself.



14. ‘A’ wants to prefer summary suit against ‘B’ for enforcing

bill of exchange. Advice him on the relevant provisions of

civil Procedure Code.

15. Mrs. Pranitha, has obtained decree of divorce from o

court in U.S. against her husband Mr. Venkar Mr. Venkata

was not served with notice of the US proceedings is Mrs.

Pranitha, has right to enforce the divorce decree before

decree before Indian Courts? Advice.

16. ‘A’ obtains a decree against ‘B’ and took delivery of

possession of property. ‘B’ preferred an appeal and the

appeal court reversed the lower court decree. What divorce

decree before. What is the remedy available to b under

C.P.C.?

17. A sues B for compensation on account of Trespass. B

holds a promissory note for Rs. 10,000 from A. B claims to

set off that amount giant any sum that A may recover in the

suit. Is B entitled to claim set off? Give reasons.


FIFTHSEMESTERPaper -2 CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT ND

PROBATION OF OFFENDERS ACT (Revised Regulations w.e.f. 2001-2002)



(Marks: 6x4=24)

1. Non-Cognizable Offence.2. Prosecutor.3. Executive Magistrate.4. Acquittal.5. Compoundable offences.6. Revision.7. Inquest report.8. Disposal of property in criminal cases.9. Probation.


(Marks: 2x18=36)

10. Under what circumstances a search warrant can be issued

by the court? Explain the Procedure for conducting a search.

11. Who is entitled to get the maintenance under Criminal

Procedure Code? A person who is ordered to pay the

maintenance neglects to pay the same. State the consequences

in the regard. Is wife who is living in adultery entitled to get

the maintenance in the court?

12. What is FIR? Explain the procedure for recording of FIR

state any difference between FIR states any difference between

FIR and complaint under Cr. P.C.

13. Examine the role of judiciary in the protection of juvenile

Offenders.



14. If a person arrested on the accusation of bailable offence

is refused bail, will the detention of such person be considered

illegal? What are the remedies available against the police

officer or the judicial officer who refuses to grant bill in

available case.

15. More than two years ago A was sentenced to death but

the sentence has not been executed so far. A move the court

that his death sentence be commuted to imprisonment for life

as there was undue delay in the execution of death sentence.

Decide.

16. X is travelling from Tirupati to Chennai by Train. During

the night, his brief case is stolen. The theft is discovered at

Chennai. Y is caught with the stolen Brief case of Hyderabad.

Where can Y are tried for theft? Give reasons.

17. A who is convicted by trial court and punished with

imprisonment for two years, fields an appeal against the side

conviction, but dies during the pendency of the appeal. His son

B submits application and requests that appeal be finally

decided. Decide.


FIFTHSEMESTERPaper -3 LAW OF EVDENCE




(Marks: 6x4=24)

1. Estoppel.

2. Circumstantial evidence.

3. Res Gestae.

4. Golden rule of evidence.

5. Chief examination.

6. Expert evidence.

7. May presume.

8. Burden of proof.

9. Public document.


(Marks: 2x18=36)

10. Explain the principles regarding the admissibility of Dying

Declaration. Why and when are ‘dying declaration’ relevant?

11. Oral evidence must, in all cases whatever, be direct”. Explain and

state the exception to this rule.

12. Write n essay on privileges relating to the affairs of state.

13. Discuss the law relating to secondary evidence. State when

secondary evidence is admissible to prove the contents of the

documents.



14. A, a married women had written letters to her parents and other

relative about her critical condition at the hands of her in law and

husband’s brother. She died within three months thereafter. Are

these letters relevant in prosecution against them?

15. A owns a plot of land in Hyderabad. He called a surveyor to

identify his land. After that he started construction of a house on

the neighboring plot of land belonging to B. B was making frequent

visits to A’s house during contraction. After the completion of the

house. B claims that since the house is built on his land, the house

also belongs to him. In the alternative, he claims compensation

from a. Advise A and B.

16. X is accused to a murder. At the trail, the prosecution produced

three eye witnesses. A, who is child of 7 years of age, B, who is

lunatic and C, who is a lunatic and C, who is the wife of X, are these

witnesses competent?

17. X, launched a police complaint that she was raped by one y, At the

trail of the case, Z brings evidence to show that X is of a general

immoral character. X objects saying that under the law, character of

parties to the case is not admissible. Decide.


FIFTHSEMESTERPaper -6 LAW OF BANKING




(Marks: 6x4=24)

1. Pass book

2. Over draft.

3. Banking companies.

4. Traveler’s cheque.

5. Joint account

6. Doctrine of Reinstatement.

7. Reserve Bank of India.

8. Amalgamation a Banks.

9. Garnishee order.


(Marks: 2x18=36)

10. “A Bankers is required to observe strict secrecy in regard to

his customer account” – explain.

11. Discuss the previsions relating to cross of cheques and

various kinds of crossing of cheques.

12. What are reforms in Indian Banking Law?

13. Define a holder in due course? What are his privileges

under the Negotiable Instrument Act?



14. A draws a cheque for Rs 10,000 and by mistake he left

banks the amount both in words and figures and presented to a

stranger B. B fraudulently raised the amount to Rs. 1,00,000 on

the cheques and cashed from the Bank of the customer a. what is

the position of the Bank?

15. X purchased goods by issuing a cheque for Rs. 5,000 from y.

When Y presented the cheque for payment the bank has returned

with the remarks that the payment was stopped by X. These were

sufficient funds in the account of X. Advise Y.

16. A cheque drawn by A and payable to B passed by

endorsement through the hands of several persons had ultimately

endorsed in favour of E. The cheque was dishonored on account

of want of funds. Advice E.

17. A Customer of a bank deposited Rs. 10 lakhs for a period of

Ten years making believing his father that he is entitled to that

amount after maturity as he is the ‘nomine’. Much before the

maturity date the customer died. Both the wife and father of

customer claimed. Advise the Bank.

law of evidence dec 2009

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