Cross - Examine.

both whether it may be cross and chief examination of the parties.  But this we cannot follow strictly, because advocates will have to handle some other cases and some times due to personal works advocates unable to attend the courts.

It cant be followed in strict sense, if followed then there will be N number of civil revision before the HC challenging this simple issue of the lower court and rather it will take more time.

Ld. Ajit

When SYSTEM is in place why it can not be strictly followed! It shows lack of professional assistance rendered to Court by an appointed officer of Court. You also say that lot of reviews will come to HC. By following a system how can you say that reviews will be filled before HC kindly explain?

In my opinion a litigant must not remain remedy less and for personal cause (reason) of a ld. advocate or taking too many cases in hand and saying to a litigant I am in other Court, take adjournments is not in right spirit when system is in place, we must follow the system and there is no dearth of litigant to hire a ld. advocate and or v.v. so I disagree to your advise given to public.

 

India’s current judge-to-population ratio stands at approx. 12.5 judges per million, compared to 104 for the US It is very difficult to strictly follow this type of sections in various statutes.

Examination means- examination in chief, cross examination and re examination also.

Cross examination  means both re-examination and cross examination also  chief examination

Whether    Cross   Examination    is   Mandatory   in   the   Consumer   Courts??   Please      provide        me......Under   which   Section   of   the   C.P.Act,1986........the   Opp.Party    Lawyer    can   Cross   Examine   the   Complainant    in     a     Consumer   Court???

Whether    Cross   Examination    is   Mandatory   in   the   Consumer   Courts??  

 

no!

thanks sir but the section which which says that the cross - examine  is   not Mandatory   in   the   Consumer   Courts or any case laws so can we also replace the (cross - examine) with the chief examine also .

 

any case law on the above mentioned .

 

@ Author


Re.: Con Decor Vs. Smritikana Ghose

https://ncdrc.nic.in/rp5182002.html

 

 

Held: “Cross-examination of a witness or a party before a consumer forum is not a rule. It is only an exception. When the reputation of a person, like a medical practitioner in the case of alleged medical negligence is involved, he will have a right to cross-examine any person alleging professional negligence on his part....If cross-examination of a person is to be permitted in every case under the Consumer Protection Act, the objective this Act would be lost and there would hardly be any difference in proceedings before a forum under the Act and a civil court.

 

 

“Many disputes involving high stakes and huge values are decided in writ jurisdiction by the high courts and the Supreme Court merely on the basis of affidavits. It therefore does not appeal to reason that when the Consumer Protection Act permits evidence to be led by means of affidavits, the right of cross-examination must be resorted to in every case.”

Hope above re. helps !