Very urgent

Dear Joyjoyee Sen,

If the witness does not turn up on the date of cross examination then usually it depends upon the Presiding Officer of the court what he thinks under the circumstances.  Usually three four chances are given for this purpose after which the opportunity to cross examination stands cancelled on account of non availability of witness.

Best Regards

Daksh

I am agree with Mr. Daksh, it all depends on presiding officer of the court and circumstances.

Mr Daksh I would be unjust for the other party if the court cancels the cross examination. In this situation opposit party may request to court to issue warrant to compel his appearance.

There are no three or four chances. At first summons issues, then bailaible warrant and after at last the witnes can compel to give evidence by issuing arrest warrant.. Thats it. thanks

Dear All,

I concur your view that the Presiding Officer is enpowered and can use the process to ensure presence of the witness for the purposes of Cross Examination and shall be within his right after giving ample (no number can be attributed sufficient) opportunity/ies to either give direction to close cross examination after detailing the circumstances.

Best Regards

Daksh

Daksh - You do not seem to be a student. (No offence meant) I have been reading your various replies.  You seem to be an experienced professional.

please see these legal aspects of law Mr Daksh

Witnesses—Civil Courts

Part A]

Part A
ATTENDANCE OF WITNESSES (GENERAL)

1. Compulsory Attendance—A Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction, or without such limits if the person to be summoned is at a place, not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance, provided that he is not exempted under any of the provisions of the Code of Civil Procedure, 1908. A proviso has been added to Order XVI, Rule 19, Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60—General IX Y. 8, dated the 4th March, 1955).

2. Attendance of pardanashin ladies—Under Section 132 of the Code of Civil Procedure, 1908, women, who according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal attendance in Court.

3. Other exemptions—The Court has a discretion to exempt from attendance as witness any person who in the opinion of the Court, is from sickness or infirmity unable so to attend (Order XXVI Rule 1, C.P.C.), or being a Civil or Military Officer of the Government, cannot attend without detriment to the Public Service (Order XXVI Rule 4, C.P.C.). As regards the attendance of Patwaries in Civil Courts Part B of this Chapter should be referred to.

4. Evidence by Commission—The Court may issue a Commission for the examination of a witness, whose attendance cannot be compelled according to law, or cannot be secured for any other sufficient reason in the circumstances specified in Order XXVI of the Civil Procedure Code.

5. Service of processes—The general procedure for issue of processes to witnesses is the same as that in respect of defendants. For detailed instructions on the subject.

6. Non-attendance, proof of service—Where a witness summoned to attend to give evidence or produce a document, fails to attend or to produce the document, without lawful excuse, the Court shall, on return of the service of the summons, examine the serving officer on oath, if his certificate has not been verified by affidavit and it may do so even when the certificate has already been so verified, to satisfy itself that the summons was duly served.

7. Proclamation, attachment and arrest in case of non-attendance —The Court, on being satisfied that the person summoned has intentionally failed to attend or to produce the document in compliance with such summons without any lawful excuse and that his evidence or the document is material, may, issue a proclamation requiring him to attend to give evidence or produce the document at a time and place to be named therein. Or, the Court, may, in lieu thereof, or in addition to it, issue a warrant, with or without bail, for the arrest of such person and may make also an order for the attachment of his property to such an amount as it deems fit to cover the costs of the attachment and any fine which may be imposed for his failure to attend, not exceeding Rs. 500. (vide Order XVI, Rule 10 Code of Civil Procedure, 1908).

8. Fine—Whenever such person appears and satisfies the Court that he did not, without lawful excuse, fail to comply with the summons, the Court release the attachment or cancel the warrant of arrest, as the case may be. Where such person does not appear, or appears but fails to satisfy the Court that there was a lawful excuse for his absence, the Court may impose a fine, not exceeding Rs. 500 to be recovered by the attachment (if not already effected) and sale of his property (Order XVI, Rule 12, Code of Civil Procedure, 1908).

Dear Mr.Anil Kumar Menon Advocate, Mr.Ajitabh Acharya, Mr.Ashok Kumar Yadav and  Mr.Arvind,

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks Thanks

God Bless

Daksh

Sir on 4th June the date of cross was there but they again taken date from the court. In this way howmany dates they can take from court for the cross examination. All the witnesses is done. There are lots of contradiction in their statements. We hope our lawyer can put them in hardship during the cross. They have nothing in their hand and this is why they are just harrasing my brother by taking dates after dates. Can you suggest how many more days it can take to solve the case.

are aap logo  ne to kabbaddi khelni shuru kar di....

sir above my friends said why u r again to first , it will be at the discretion of the court

u can pray 2 the magistrate 2 issue bailable warrant against them compelling them 2 appear b4 court or 2 close the cross examination........u can make court compel 2 c what has been the conduct of the witnesses which r in turn harassing ur brother.............

Sir I am also facing the same problem. can someone tell me after completion of all the witnesses howmany more dates it can take to have the hearing. In may case also only the cross exam is remaining.