Contradictions in cross vs pleadings
mislan
(Querist) 17 June 2016
This query is : Resolved
1. If there is any admission already in pleadings, is it necessary to confirm that in cross-exam?
2. If statements in cross are contradictory to pleadings, is it necessary to further cross/confront with this contradiction or can we use any of the two to our advantage without confronting/further cross?
Please provide views and judgements to support. Thanks
RAVI K GOUD
(Expert) 18 June 2016
1. If any admission is admitted in pleadings, no further consideration and confirmation is needed.
2. Take the advantage of contradictions to your side and try to make admission of the material facts or facts in issue by the opposite party.
vamsi
(Expert) 18 June 2016
1.if any admission is admitted in pleadings,no further consideration and confirmation is needed.
Rajendra K Goyal
(Expert) 18 June 2016
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
R.K Nanda
(Expert) 18 June 2016
Citations not supplied.
mislan
(Querist) 21 June 2016
2. If statements in cross are contradictory to pleadings, is it necessary to further cross/confront with this contradiction or can we use any of the two to our advantage without confronting/further cross?
Put it differently,
...if party in cross gives reverse statements than in pleadings, then what is the status of earlier pleadings? does it become less effective?
RAVI K GOUD
(Expert) 22 June 2016
Obviously.. less effective.
If the party contradicts his own statement or admission either in pleadings or in cross, definitely it becomes less effective.
RAVI K GOUD
(Expert) 22 June 2016
The party has to corroborate or substantiate his stand in evidence or in arguments.
Nadeem Qureshi
(Expert) 22 June 2016
Dear Querist
clear your part, who are you, in this senerio?
you are from the defense or from the complainant, who is the witness, defense witness or complainant witness?
who is going to cross the witness?
mislan
(Querist) 30 June 2016
From defendant point of view, witness is plaintiff herself.
Siddharth Dev
(Expert) 01 July 2016
Agreed with Expert : RAVI K GOUD.
Thank You;
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