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Naresh (In search of job)     21 January 2011

How to change wrongly recorded statement in cross examination

 

Dear members,

 

I have noticed that the bench clerk has typed different statement than what I told during my cross examination. What is the procedure to bring it to the notice of the judge about that statement? Is it possible to change that statement.

 

Question asked was "I say that your statement in your affidavit that your wife physically and mentally tortured you" is wrong.

 

I said that no it is not true.

 

Clerk typed it as "it is not true to say that my statement that my wife physically and mentally tortured me".

     instead of noting "it is not true to say that my statement that my wife physically and mentally tortured me is wrong."

 

what to do sir, the entire meaning is changed due to not typing of "is wrong"

 

How to bring it to the judge's notice now after I already signed, since immediately after cross-examination, they will not give time to verify the contents. Is it possible to change?

 

Regards,

-Naresh



Learning

 7 Replies


(Guest)

you ought to not  have signed the the deposition.  Because after your evidence has been   taken  it was affixed at the bottom of the every deposition  that the contents are readover by the deponent  and accepted by him as correct.  So you must  have read over the contents before signing it.  better recall and correct the matter .  bUt your whole evidence will be untrustworthy(hostile)

Arup (UNEMPLOYED)     21 January 2011

" the bench clerk has typed different statement than what I told during my cross examination"

 

- yes in my case also happened similar thing.

these clerks here the cases regularly, alongwith judge. they gained strong sense of law by this way. they have the scope, to manipulate the matter while they are typing. no video recording, allowed them to do so.

 

while a small shop can do arrange of vedio recording, our great government unable to arrange the vedio recording and allowed such manipulation. shame on us, we are keeping and protecting such governments.

Tajobsindia (Senior Partner )     21 January 2011

@ Arup ji,


For lot of things we still look forward that Govt. will do the things.

I say we should not complain at all as we are 'consumer' of a Court once we affix even Re 1 court fee(s) to a court document and furher if we know how to RTI District Court ans State's HC and ask for budgetary allocation for Video Conferencing then your above 'look forward' statement may not have arisen !

So frame questions and shoot RTI to your district court and to your State's HC. You will get a surprise that the allocation in budget is already there but due to 'faulty implementation' it was never set up (I mean video conferencing court set up is what I mean here).


(Guest)

One of the most imp. thing about clerk is that in india many clerk dont having experiences or qualification Its .bettter  if govt. choose good and experiences clerk .

Also today many clerk dont have any knowledge about computer typing for example in lowerr courts and they go for training but still they prefer their old tradition method .Its also judge duty to implemente the new method .

For the above problem you have to alert everytime and oppose it if the clerk make mistake.Now better recall and correct the matter .  bUt your whole evidence will be untrustworthy(hostile) as S.GANESAN.  said.

 

niranjan (civil practice)     22 January 2011

You give application to the court  to correct the mistake.

ravi shankar sharma (advocate)     04 July 2011

from this very episode it is must clear that read wisely before u sign any document as there is a presumption of its correctness after subscripttion of signature.

Jamai Of Law (propra)     04 July 2011

It is not true to say that ................  my statement that my wife physically and mentally tortured me .................................  is wrong.

 

Or

It is not true to say that "XYZ is wrong".  

 

 

 

"It is not true to say" ............ means ............."the witness hereby disagrees that ..."

 

 

Above sentence means that ........... ............... 

"the witness disagrees that ........ Counter Allegation as made against me/witness by opp. party during my/witness's cross that .......... my/witness's statement in my/witness's affidavit  is wrong' ........."

 

 

So I feel that .................. it is NOT true to say that ............................. whatever the bench clerk has captured during the cross of the witness is incorrect

 


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