West Bengal Legal Service – 2007 – Evidence Act

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West Bengal Legal Service – 2007 – Evidence Act


Total marks – 100                                       Duration – 3 hours

GROUP – A (EVIDENCE ACT 1872)

All questions are compulsory and carry equal marks.

1. “ It was a fundamental rule of evidence at common law that hearsay evidence is inadmissible ” Discuss in the light of amendment brought into the Indian Evidence Act, 1872 and recent Supreme Court cases.

2. What is dying declaration? Discuss the principle of law under dying declaration as admissible in evidence and the evidentiary value of the same.

3. (a) What do you understand by presumption ?
(b) Classify presumption and give illustration of each such kind presumption.
(c) Examine the necessity, if any of any presumption being enacted into the Indian Evidence Act as to the guilt in a case of custodial death.

4. Discuss the evideneiary value of the testimony of the following:
(a) An approver as a witness for fat prosecution.
(b) presecutrix to a case of rape
(c) Hostfle withess ln a civil sain
(d) Medical Officer who conducted post mortem of a dead body of a married Women who committed Suicide within one’ year of her marriage-

5. (a) Define estoppel
(b) Explain different kinds of estoppel with examples.
(c) X, when he was a minor, sold his house to Y for Rs. 50,000/-, at ‘ the time of sale X made false representation to Y who believed X to be of competent age. After the sale deed was written and registered X refused to deliver possession of the house. Is X estopped from providing his minority in avoidance of contract ? Illustrate with cases.

GROUP –B (INDIAN PENAL CODE, 1860)

All questions are compulsory and carry equal marks.

6. (a) Does it make any difference to the offender whether he it convicted of murder or of homicide ? Bring out difference between Section 299 and 300.
(b) A man is acquitted of murder and afterwards writes an article in a magazine describing how he committed the murder. Can he be charged again for the same murder ?

7. Bring out of the differences between the two :
a. Theft and extortion
b. Theft and criminal breach of trust
c. Theft and criminal misappropriation
d. Criminal breach of trust and criminal misappropriation

8. Discuss guilt of A, if any, in the following situations :
a. AT a prisoner, escapes from the jail when it is on fire.
b. A, a member of the crew of a ship, under the orders of the captain, throws passengers into sea, in order to save the ship and the crew from the sunk.
c. A and B while swimming in the sea, after a shipwroeck gets hold of a plank, which is not large enough to support both. A pushes off B, who as a consequence is drowned.
d. B, Is injured and needs an immediate blood transfusion to save his life. A is the only person who can be found with the same rare blood group, He refuses to give any blood.

9. (a) When culpable homicide does not amount to murder ?
(b) A shoots Z with intention of killing him. Z dies in consequence. Is A guilty?

10. (a) What are the changes brought about by the Indian Penal Code (Amendment) Act 1983 on the subject of the Low of Rate ?
(b) In there any difference between consent obtained by promises to marry at a future date and consent obtained by creating ft belief that they were already married.

Looking for Judicial Services Coaching?

You have come to the right place! We offer comprehensive CLASSROOM coaching for Judicial Service exams of various States. Our next batch starts on 26 November 2017. We also offer comprehensive study material for these exams which you can access online or get at your doorstep through speed post.