dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
dear sirs,
i would like to know some facts about examination of witnesses in the open court,with special emphasise on cross-examination .that is :
1.what actually is a "CONTRADICTION " AND what actually is an " OMISSION " in the deposition of a witness.?
2.if a witness deposes against / deviates from/ omits from his previous statement,how i should mark such portion ?3.should i put a question that "YOU HAVE NOT GIVEN SUCH A STATEMENT EARLIER TO POLICE U/S 161 CRPC ?
4. THEN , SHOULD I ASK THE SAME QUESTION TO THE INVESTIGATION OFFICER THAT WITNESS HAS NOT GIVEN SUCH A STATEMENT TO YOU DURING INVESTIGATION ?
5.AN INCIDENT WAS WITNESSED BY A SOLE INDIPENDANT WITNESS. COMPLAINANT AND OTHER WINESSES ADMITS THAT " HE " HAS SEEN THE INCIDENT.BUT, HE WAS NOT MADE AS A WITNESS IN THE PROSECUTION CASE.NOW, DURING TRIAL,I WANT TO ASK "WHY HE WAS NOT MADE AS A WITNESS".TO WHOOM ,I CAN PUT THIS QUESTION ? TO THE INVESTIGATION OFFICER OR TO THE CHARGE SUBMITTING OFFICER ? ie, WHO IS THE PERSON HAVING THE POWER TO ADD/ ARRAY/DELETE WITNESSES.....INVESTIGATION OFFICER OR CHARGE SUBMITTING OFFICER ?
PLEASE EXPLAIN IN DETAILS .
ALSO, SUGGEST ME, SOME RULINGS OF HIGH COURT AND APEX COURT.
WHICH PORTION OF EVIDENCE ACT SAYS ABOUT ALL THESE FACTS ?
6. MY LAST QUESTION IS THAT WHETHER A JUDGE/ MAGISTRATE CAN REFUSE TO NOTE DOWN THE QUESTION BY A COUNSEL AND ANSWER BY A WITNESS, ON THE GROUND THAT IT IS IRRELEVANT TO THE CASE ON HAND OR THE MAG /JUDGE HAS TO WRITE ALL QUESTION AND ANSWERS, AS MANDATORY ?
THANKS SIRS SALILKUMAR
ADVOCATE
THALASSERY-670101
09447536929
hi
one cheque of rs 3 lacs is dishonered three years back, and the limitation attracts, what is the way to initiate case for the same ?
i m running a grossery shop one person fabricated a duplicate bill in the name of my firm & filed a consumer complaint against me & mfg. co. in consumer forum alleging restrictive trade practice regarding fixation of price i.e. excess/(unjustified fixation) charging of price.Complainant has only submitted a xereox copy of fabricated bill of my firm,when i filed an application in consumer court for directing the complainant to produce original bill though it is impossible to produce original bill in forum bcoz that xerox has prepared with the help & photostat tacts of an another original bill of my firm,now counsel for complainant has replied that original bill was in his brief/possession but that is now not trace able,what action i can take against lawyer & complainant, position is that only xerox is available on court file & with us can we or court can initiate any action only on the basis of a xerox fabricated copy of bill & under which section or act we can take legal action.Thanks
If a warrant of arrest has been issued by Judicial Magistrate in a case against the accused person but concerned police officer is not executing the said WA. What step should be taken by the JM
A petition/FIR filed with CJM under section 156(3) can be denied by the CJM on any ground. IS Sending of information /FIR necessary to the concerned SP through Regd. post.
If a cheque is dishonoured due to "Stopped Payment" by the drawer.
Whether in such case complaint under section 138 of N.I. Act is maintainable?
If yes, please give any ruling.
can anybody please tell why there is agitation by lawyers on crpc amendment?
Doctrine of resjudicata applies in criminal case/
Does the doctrine of Resjudicata applies in Criminsl case?