evidence act/125 CRPC
manish
(Querist) 26 February 2010
This query is : Resolved
I need to know any authority on the following facts.........
That that husband has been directed to pay maintanance to her wife and revision hasbeen filed against the said order.
The point i would like to know is that one witness was examined in defence of husband's caseIN LOWER COURT and his examination in chief was recorded but the cross was deferred as court timewas over.On next date the presiding officer was on leave and on next date an application was moved for adjournment as the said witness was not present but the said application was rejected and the LOWER court passed the order and as such the testimony of this witness was left out of consideration.AS such no opportunity to prove his case was given to husband
The point i would i like to know whether the matter can be remanded by the sessions court to lower court in these set of circumstances and is there any authority in this regard
Parveen Kr. Aggarwal
(Expert) 26 February 2010
It has been held time and again that procedural laws are handmaid of justice and they cannot defeat the substantial justice. There are a number of Judgments making such observations. As such, you may make request to the Court hearing Revision petition to remand the case for fresh decision after getting the cross-examination of the witness recorded. The court may allow the prayer subject to payment of costs.
Arvind Singh Chauhan
(Expert) 26 February 2010
Yes there is a good ground. I hope honorable session court would consider it and will remand the file.
manish
(Querist) 26 February 2010
thankx for replying and i do agree with you praveen but the prob is the sessions court is insisting to show any case law in this regard and i had submitted few but he is insiting for the authority based on same facts which accoding to me is not possible because each case is decided on its own facts.
i would be oblige for citing me any caselaw if you gone throughwith any.
