Judge recorded wrong statement during cross
Rupal
(Querist) 11 March 2015
This query is : Resolved
Hi Experts,
JMFC Judge wrong statement during cross examination.
Cant it be rectified by giving an application.....?
Rupal
(Querist) 11 March 2015
Hi Experts,
JMFC Judge recorded wrong statement during cross examination.
Cant it be rectified by giving an application.....?
R.K Nanda
(Expert) 11 March 2015
first inspect court file to confirm it and then take next step.
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P. Venu
(Expert) 12 March 2015
Are you the witness concerned?
Rajendra K Goyal
(Expert) 12 March 2015
Whether the statement was not read /confirmed in the court before finalization by the witness / respective lawyer?
Rupal
(Querist) 12 March 2015
Dear Experts,
My brother is the witness. We came know about this after we got certified copies.
Again statement was not read /confirmed in the court before finalization by the witness / respective lawyer
Sir what to do now please assist..
P. Venu
(Expert) 12 March 2015
Have your brother signed the deposition?
Rupal
(Querist) 13 March 2015
No Sir,
He didn't sign on anything.
SAINATH DEVALLA
(Expert) 13 March 2015
If the statement is oral,it will be recorded by the court and duly signed by the witness in the register, or even a written statement shall be recorded by the court as it is an important document.If this procedure is not followed then U can submit a petition regarding the same.
T. Kalaiselvan, Advocate
(Expert) 13 March 2015
The witness has to sign the deposition of evidence once the same is completed and steps out of the witness box, and if this procedure has been followed then there are no chances to rectify the same. By the way how do you say that a wrong statement was recorded, were you available during such recordings?
Rupal
(Querist) 14 March 2015
Thanks a lot Experts ,
Procedure has not been followed.
question asked by applicant lawyer to my brother. were u present at home at the time of panchnama for which my brother replied in NO.
But judge recorded " Non applicant ie; My brother states that panchanama was prepared at home.
There are many errors recorded by judge.
Rupal
(Querist) 14 March 2015
Thanks a lot Experts ,
Sorry ....this is correct
Procedure has not been followed.
question asked by applicant lawyer to my brother. were u present at home at the time of panchnama for which my brother replied in NO.
But judge recorded " Non applicant ie; My brother states that panchanama was NOT prepared at home.
There are many errors recorded by judge.
SAINATH DEVALLA
(Expert) 14 March 2015
U said Judge recorded"Non Applicant ie;Can U kindly eloborate
Rupal
(Querist) 16 March 2015
Sainath Sir,
Non Applicant means respondent no.1 (My brother is non applicant)
Biswanath Roy
(Expert) 19 March 2015
You may file an application for re-examination of the witness.
SAINATH DEVALLA
(Expert) 19 March 2015
Yes U can file a petition for reexamination of the witness
