NEPAL OPEN UNIVERSITY

Faculty of Management and Law

Mid Term Examinations: 2080

Programme: LL.B. Full Marks: 50

Subject: Evidence Law Pass Marks: 20
Year: III Time: 1½ hrs.

Group A: Short Answer Questions

Attempt any THREE questions. [3x5 = 15]

Q.1 Define the term ‘Evidence’ and state different kinds of evidence.

Q.2 Explain various presumptions relating to documents under the Nepalese Evidence Law.

Q.3 Distinguish between oral evidence and documentary evidence.

Q.4 Write Short note on Fact in issue and relevant fact.

Q.5 ‘Oral evidence must in all cases be direct”. Explain.

Group B: Descriptive Answer Questions

Attempt any TWO questions. [2x10=20]

Q.6 Elaborate the principle of Estoppels under the Evidence Act. Support your answer with
judicial pronouncement.

Q.7 What is ‘Judicial Notice’ and of what facts a Court shall take judicial notice? Is ‘Bus
strike” such fact as that a court is enjoined to take judicial notice of it?

Q.8 ‘Hearsay evidence is not admissible’. Explain. What are the exceptions of this general
rule? Explain this in relation to Nepalese legal provision and judicial cases.

Q.9 Does Evidence law talk about ‘fact’? If yes, what ‘fact’ is as constructed from the
Evidence Law. Discuss in line with Nepalese Evidence Act.

Group C: Problem Solving Questions

Read the following legal situation and answer the questions [3x5 = 15]

1. Under what provisions of the Nepalese Evidence Act, are the following relevant:

(a) ‘X’ is charged with the murder of ‘Y’ in Solukhumbu. ‘X’ shows a Bus ticket of the bus he
boarded a day before the murder was committed and also the bills payed by him at the hotel in
khotang where he stayed for four days.
(b) A, accused of theft is seen to give the stolen property to B who is seen to give It to A’s
wife. B says as he delivers it.” A says you are to hide this.” Is B‘s statement relevant? Discuss.

(c) A’ prosecuted ‘B’ for adultery with ‘C’, A’s wife. ‘B’ denies that ‘C’ is A’s wife, but the
Court convicts ‘B’ for adultery. Afterwards, ‘C’ is prosecuted for bigamy in marrying ‘B’ during
‘A’s lifetime. ‘C’ says that the never was A’s wife. Whether the judgment against ‘B’ is relevant
as against ‘C’. Explain with the help of relevant provision.

(d) ‘A’ sues ‘B’ for including ‘C’ to break a contract of service made by him with ‘A’. ‘C’, on
leaving A’s service says to A,” I am leaving you because ‘B’ has made a better offer to
me.” Discuss relevant legal provisions under Evidence Law in order to challenge in court.

‘Best of Luck’