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Joyjoyee Sen (Computer Programmer)     03 March 2010

Very urgent

Sir

If a witness doesn't come on the date of cross examination then howmany chance he or she will get? Please suggest.



Learning

 18 Replies

Daksh (Student)     03 March 2010

Dear Joyjoyee Sen,

If the witness does not turn up on the date of cross examination then usually it depends upon the Presiding Officer of the court what he thinks under the circumstances.  Usually three four chances are given for this purpose after which the opportunity to cross examination stands cancelled on account of non availability of witness.

Best Regards

Daksh

Ashok Yadav (Lawyer)     03 March 2010

I am agree with Mr. Daksh, it all depends on presiding officer of the court and circumstances.

Arvind Singh Chauhan (advocate)     03 March 2010

Mr Daksh I would be unjust for the other party if the court cancels the cross examination. In this situation opposit party may request to court to issue warrant to compel his appearance.


(Guest)

There are no three or four chances. At first summons issues, then bailaible warrant and after at last the witnes can compel to give evidence by issuing arrest warrant.. Thats it. thanks

Daksh (Student)     03 March 2010

Dear All,

I concur your view that the Presiding Officer is enpowered and can use the process to ensure presence of the witness for the purposes of Cross Examination and shall be within his right after giving ample (no number can be attributed sufficient) opportunity/ies to either give direction to close cross examination after detailing the circumstances.

Best Regards

Daksh


(Guest)

Daksh - You do not seem to be a student. (No offence meant) I have been reading your various replies.  You seem to be an experienced professional.


(Guest)

please see these legal aspects of law Mr Daksh

 

Witnesses—Civil Courts

Part A]

Part A
ATTENDANCE OF WITNESSES (GENERAL)

1. Compulsory Attendance—A Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction, or without such limits if the person to be summoned is at a place, not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance, provided that he is not exempted under any of the provisions of the Code of Civil Procedure, 1908. A proviso has been added to Order XVI, Rule 19, Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60—General IX Y. 8, dated the 4th March, 1955).

2. Attendance of pardanashin ladies—Under Section 132 of the Code of Civil Procedure, 1908, women, who according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal attendance in Court.

3. Other exemptions—The Court has a discretion to exempt from attendance as witness any person who in the opinion of the Court, is from sickness or infirmity unable so to attend (Order XXVI Rule 1, C.P.C.), or being a Civil or Military Officer of the Government, cannot attend without detriment to the Public Service (Order XXVI Rule 4, C.P.C.). As regards the attendance of Patwaries in Civil Courts Part B of this Chapter should be referred to.

4. Evidence by Commission—The Court may issue a Commission for the examination of a witness, whose attendance cannot be compelled according to law, or cannot be secured for any other sufficient reason in the circumstances specified in Order XXVI of the Civil Procedure Code.

5. Service of processes—The general procedure for issue of processes to witnesses is the same as that in respect of defendants. For detailed instructions on the subject.

6. Non-attendance, proof of service—Where a witness summoned to attend to give evidence or produce a document, fails to attend or to produce the document, without lawful excuse, the Court shall, on return of the service of the summons, examine the serving officer on oath, if his certificate has not been verified by affidavit and it may do so even when the certificate has already been so verified, to satisfy itself that the summons was duly served.

7. Proclamation, attachment and arrest in case of non-attendance —The Court, on being satisfied that the person summoned has intentionally failed to attend or to produce the document in compliance with such summons without any lawful excuse and that his evidence or the document is material, may, issue a proclamation requiring him to attend to give evidence or produce the document at a time and place to be named therein. Or, the Court, may, in lieu thereof, or in addition to it, issue a warrant, with or without bail, for the arrest of such person and may make also an order for the attachment of his property to such an amount as it deems fit to cover the costs of the attachment and any fine which may be imposed for his failure to attend, not exceeding Rs. 500. (vide Order XVI, Rule 10 Code of Civil Procedure, 1908).

8. Fine—Whenever such person appears and satisfies the Court that he did not, without lawful excuse, fail to comply with the summons, the Court release the attachment or cancel the warrant of arrest, as the case may be. Where such person does not appear, or appears but fails to satisfy the Court that there was a lawful excuse for his absence, the Court may impose a fine, not exceeding Rs. 500 to be recovered by the attachment (if not already effected) and sale of his property (Order XVI, Rule 12, Code of Civil Procedure, 1908).


(Guest)
Daksh - It is not opportunity to cross examine that will be lost, but the testimony of the witness will not be read in evidence as his evidence was not subjected to cross examination. Such an order can be passed in view of O.18 R.3 read with R.2. If such an order is passed it would not be unjust to any party especially when the responsibility to cause the attendance of the witness for cross examination is that of the party who examines him.
However Mr. Daksh seems to be aware of the legal aspects as is evident from his statement, "usually it depends upon the Presiding Officer".  Presiding officer exercises the power only on the application of the parties.  Therefore it is the party who desires the testimony of the witness to be read in evidence who will have to make application to ensure the attendance of the witnesses.  Usually parties own witnesses appear at the trial without the need for issuance of a summons and therefore question of calling upon the presiding officer to exercises the powers vested in him does not arise. So far as a cross examiner is concerned three or four days as mentioned by Daksh elapses so as to ensure a reasonable time for  causing of attendance of the witness. If after such a reasonable time the cross examiner only has to make an application to the presiding officer and request him to pass an order that the testimony of the witness be not read in evidence.
Daksh in his reply has erred in only stating that "opporunity to cross examine stands cancelled".  Probably he intended to say, "the testimony of the witness shall not be read in evidence".  In fact I have understood his answer as such on the first reading.

Daksh (Student)     05 March 2010

Dear Mr.Anil Kumar Menon Advocate, Mr.Ajitabh Acharya, Mr.Ashok Kumar Yadav and  Mr.Arvind,

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

God Bless

Daksh

Joyjoyee Sen (Computer Programmer)     24 June 2010

Sir on 4th June the date of cross was there but they again taken date from the court. In this way howmany dates they can take from court for the cross examination. All the witnesses is done. There are lots of contradiction in their statements. We hope our lawyer can put them in hardship during the cross. They have nothing in their hand and this is why they are just harrasing my brother by taking dates after dates. Can you suggest how many more days it can take to solve the case.

Ravikant Soni (LAWYER IN JAIPUR)     24 June 2010

are aap logo  ne to kabbaddi khelni shuru kar di....

kranthi (retainer advocate)     24 June 2010

sir above my friends said why u r again to first , it will be at the discretion of the court

sweta singh (n/a)     24 June 2010

u can pray 2 the magistrate 2 issue bailable warrant against them compelling them 2 appear b4 court or 2 close the cross examination........u can make court compel 2 c what has been the conduct of the witnesses which r in turn harassing ur brother.............

Khan (Engineer)     25 June 2010

Sir I am also facing the same problem. can someone tell me after completion of all the witnesses howmany more dates it can take to have the hearing. In may case also only the cross exam is remaining.


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