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shivshankar (consultant)     08 May 2012

Witness

An employee of mine called me as a witness regarding his salary for his D.V.Ccase for maintanence . I atteneded the court date the first time and his opposite lawyer asked me for the shop act  and hence no cross exmination took place . My employee has sumbitted his salary slip as well as the muster of my company . The next date when i attened i took the shop act copy and again the opposite lawyer asked for the Bank statement of my company ,the deliver challans,Invoice copies  , my income tax returns copy  etc and hence again no cross examination took place . When i am going as a witness i cant understand why is the opposite lawyer asking for my income tax ,delivery challans and invoice copies etc . since i have just gone to testify that he works for me on so and so salary . I dont want to sumbit my company invoice , delivery challan ,my IT return copies .Experts your feed back would be highly apperciated .



Learning

 4 Replies

Adv. Chandrasekhar (Advocate)     08 May 2012

u r absolutely correct.  He is harassing you.  The counsel of the party for whom you are appearing has to come for your rescue seeking the indulgence of court to restrain the opposite advocate for seeking irrelevant material.  What you require is one identity card/ or any other similar document which shows that you are employer or employer's representative of the organisation.  The employee's salary slip and muster roll are already on the record.  You can take the originals of those documents and say before the court that the copies filed by the employee are true and he is earning that much of amoount which is mentioned on the salary slip.  The court shall restrain the opposite counsel to harass you.  By the way, it is not the job of witness to carry shops and establishment Act.

shivshankar (consultant)     08 May 2012

Dear Adv Chandu ,    

 Thanks for your prompt response . Verified copies of the salary slip and the Muster have already been sumbitted to the court . D.V Case is a civil case . Is there any proceedure in the criminal proceedure code for a witness to sumbit such  documents  before cross examination as the same can be used as evidence against me or should i file a affidivat stating that this employee is employed by me .

JANAK RAJ VATSA (ADVOCATE)     08 May 2012

the documents have already been submitted by your employee. now u only need to confirm that he is employed by you on a monthly salary as per the salary slip already submitted by him. all irrelevant questions should be got restrained thru ur employee lawyer by the assistance of teh court.

rajiv_lodha (zz)     08 May 2012

U can urself object to provide abny such details as u find it not related to the case. Court will rescue u for sure!


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