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Witness deposing w/o authority in civil suit against public ltd coys. in high court of bombay

(Querist) 27 January 2015 This query is : Resolved 
In a Civil Suit against public limited companies before Hon'ble court of Shri Justice S.C.Gupte Bombay High court;
Original side Suit No. 527 of 2005
Capt Sukhdev Singh
vs
The Great eastern Shipping co. Ltd & ors,

An employee of one of the Defendant Co. has filed an affidavit of evidence for deposing in defense of the defendants companies, but without any authority from any of the the Defendant company.

Questions:
i. Is the witness authorized to do so under law ?

ii. Does his submissions of this witness against Plaintiff has got any value under law?

ii. Should the Plaintiff refuse to court to cross examine the witness ?

iii. Can judge compel the Plaintiff to cross examine the witness ?

iv. If not cross examined will submissions of the witness made against plaintiff in his Affidavit of evidence go against the plaintiff or will have any value ?

vi. If cross examined by plaintiff, will the unproved issues go against the Plaintiff ?
Dr J C Vashista (Expert) 28 January 2015
Dear Capt,
The witness is required to be put the question of his/her authorisation by the defendant company through your lawyer in cross-examination. Contact and consult your lawyer.
Regards
Devajyoti Barman (Expert) 28 January 2015
Why do not ask these questions to your lawyer? He must be well palced to reply on these.
SSng Aulakh (Querist) 28 January 2015
Dear Dr J C Vashista, Advocate Delh, Shri Devajyoti Barman Sir and Experts of Law.Thanks for your replies.

Please note that I am appearing in person, I had advocates from M/s Consulta Juris, who deliberately deserted me inspite of my paying them a hefty fee. At present I can't afford to hire another advocates.

Therefore your expert advise is needed by me. Please do the needful to enable me to get natural justice. My contact nos. 09821291594, 022-66951688,

The matter is listed at 3pm on 30th January instant before Hon'ble court of Shri Justice S.C.Gupte Bombay High court;
P. Venu (Expert) 28 January 2015
As party in person, you can cross examine the witness on his authority or lack of it on behalf of the Company.
Dr J C Vashista (Expert) 28 January 2015
Dear Capt Sukhdev Singh,
You must put the question during cross-examination of the witness. You are required to be tactful in getting desired reply from the witness.
Best of luck.
Regards
Dr. (Maj) J C Vashista, Advocate
Delhi High Court, New Delhi.
e-mail: majjagdish@yahoo.com
Mobile: +91 9891152939
SSng Aulakh (Querist) 28 January 2015
Thanks experts for sparing your valuable time. I would be obliged if my queries are answered as requested serial nos wise what law says about these.
Dr J C Vashista (Expert) 29 January 2015
Answer to your questions is as follows:
Q1. No, the witness must have authorisation in his favour for deposition before the court.
Q2.No, just demolish the deposition in favour of defendant by the witness and try to get your point/relief admitted.
Q3-4.If you do not cross examine the witness his/her deposition shall be read and admitted against you. However, instead of compelling you to cross examine the witness the court shall close the opportunity as "opportunity given, nil".
Q5.Of course, unproved issue (especially where the onus to prove lies upon the plaintiff) shall be against plaintiff.

T. Kalaiselvan, Advocate (Expert) 29 January 2015
1)No
2)No
3)No
4)Cannot
5)Yes
6)Depends;
well, as advised by experts, you can raise a preliminary objection to the witness deposing the evidence on behalf of the company without any authority or authorisation hence not to be accepted as witness; if the court insists to proceed, you may cross examine him/her asking about the authorisation letter or a power deed etc and also should shoot out the question directly into the subject and ask the witness the knowledge about the subject mater and how does he rely upon the authenticity of the information divulged before the court. It takes a long course to explain the cross examination and procedures of the proceedings, hence better take advise/guidance from an advocate privately though you may conduct your own cse as party in person.


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