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pratik (self working)     22 February 2011

Rejoinder Affidavit.

1)In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.

2) Difference between pre-emption suit & administration suit & Summary suit. Pls with the example(S).

CPC.

3) 15. Decree in suit for dissolution of partnership


Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.

Query : 1) What do u mean by preliminary decree how much is it imp for this section & in other laws also.If not obeyed than we can file a execution petition or contemp petition under the same court or appllete court.

2) Meaning Of Hostile .

3)Which section speaks about the Rejoinder Affidavit its meaning , advanatges & disadvanatges , how can apply, why to apply , where to apply, If required or ordered by a court & not filed than what will be the peanlty etc., Rejoinder Affidavit can be taken as a evidence in any court in india as per which section as above points of rejoinder because it has not defined the Indian Evidence Act. Also how it is different from the simple affidavit beause oath act also does not define Rejoinder Affidavit or any such types(S) of affidavit. Pls explain me the conept of Rejoinder Affidavit in detail pls if possible with the help of a example(S).

4) What do u mean by Rejoinder Affidavit Suit & also difference between RCR & Rejoinder Affidavit.

Thanks In Advance.

GOD Bless U All.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 February 2011

Judge is right.  When wittness is turned hostile you cannot cross examine him and it is not necessary to cross examine him.


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