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  Start a discussion   Unanswered Report Abuse

s..i..n..g..h.. (member)     12 November 2011

When to show all evidence in crpc 125 trial

Dear sir

if the job related documentry evidence are available then when it should be put before the court

  1. during evidence stage of husband so that after cross examination it become acceptable evidence in the eye of law
  2. during last stage of argument so that she can not change/resign the job at this stage and the documents will be evidence along with affidavit(even without cross examination ? i do not sure)


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 4 Replies

Nadeem Qureshi

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 November 2011

Dear Singh

Section 136 in The Indian Evidence Act, 1872
136. Judge to decide as to admissibility of evidence.- When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last- mentioned fact must be proved before evidence is given of the fact first- mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen.
 
It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified.
(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of fact in issue. There are several intermediate facts (B, C and D) which must be shown to exist before the fact (a) can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A.
Nadeem Qureshi

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 November 2011

Read it too

138. Order of examinations -

 

Witnesses shall be first examined-in-chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

 

The examination and cross-examination must relate to relevant facts but the cross-examination need not to be confined to the facts which the witness testified on his examination-in-chief.

 

Direction of re-examination

 

The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

 

COMMENTS

 

Scope

 

Section 138 lays down the manner of examining a particular witness and creates three distinct rights viz., examination-in-chief, cross-examination and re-examination so far as the examination of a witness is concerned. The right of cross-examination available to opposite party is a distinct and independent right. When accused declined to cross-examine witness and thereafter the said witness is not available for cross-examination, the evidence of such witness recorded is admissible in evidence but that will have to be true to that account; Nandram v. State of Madhya Pradesh, 1995 FAJ 1 (MP).

 

sridhar pasumarthy

sridhar pasumarthy (ADVOCATE)     12 November 2011

Dear Singh & Zeeshan,

Whatever the documentary evidence do you have in your possession, you should place before the court at or before the trial.  The reason is to give an opportunity to the opponent for cross-examination.

The courts will not accept any documentary evidence at the time of arguments, unless you pray for re-opening of the evidence, in which case, second round of examination will start. You should also answer for non-production of such documents before the court at the time of trial.

Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

If you want to contradict the witness, it should be done during the cross-examination only.

 

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com


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