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J Pradeep Kumar (na)     14 December 2024

Change of witness : how to request to court

Dear Learned Advocates,

     In a labor matter, the management has sent a witness who has no first-hand experience of the matter nor involved in the matter directly or indirectly. The witness has been transported from Gurugram to be a witness in the Bengaluru case with an ulterior motive. However, the real witness to the matter before the court is transferred by the company from Bengaluru to Hyderabad with some motive.

    How can I request the court to summon the real witness now working in the Hyderabad branch of the same company to be a witness in the Bengaluru rural court in the interest of natural justice ?

Famous Jurist, Jeremy Bentham has said 'A witness is ears & eyes of justice' , the current witness is both blind and deaf and can affect the justice process.

    Please help with the procedure 

Namaskar & Thanks in advance,

Pradeep



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 December 2024

The witness without any knowledge about the case will be beneficial to you hence you may properly cross examine and get their case dismissed 

1 Like

J Pradeep Kumar (na)     15 December 2024

Absolutely right, KALAISELVAN  sir. I used it to my advantage during cross-examination, causing confusion and even getting favorable and helpful submissions in my favor. For some reason, the opposite party's senior counsel was also absent, so I had a very fruitful cross. The next hearing I hope to repeat the same success. THANKS for the reply !!!

Dr. J C Vashista (Advocate )     15 December 2024

Management witness is stated to have already been examined and cross-examined who has deposed in your favour, what else remained in the case, congratulations.

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 December 2024

Since the case is liklely to be turning in your favor, you may take the advantage of the weak witneeses produced by management in you favor.


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