Cross examination

Querist : Anonymous (Querist) 27 August 2011 This query is : Resolved

What remedy do i have if the judge is partial towards the other party and does not lets me give any statement voluntarily during my cross examination.

Can one give his point of view in writing also to the court during the cross examination.

What are the Questions. an opposing lawyer cannot ask me during my cross examination.

What are the Questions. an opposing lawyer ask me which are not in relevance of the case during my cross examination.

What is the meaning of leading question. and can they be asked during the cross examination.

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Guest (Expert) 27 August 2011
in cross examination no explanation/voluntary evidence be let in.
No cross examination in writing
All questions relating to witness.
It is your lawyer to curb the scandalous/irrelevant questions
the answer for the question is yes or no.

Raj Kumar Makkad (Expert) 27 August 2011
I do agree with Ganesan nd additionally inform you that the concerned judge has no role in providing the copies of any statement recorded in court file. You shall have to apply it in the copying branch which shall do as per its procedure and you have to collect applied copies from that branch only.

Kiran Kumar (Expert) 27 August 2011
its clear that only relevant questions can be asked during cross examination....

leading questions are those which are to be answered either in YES or NO....these can not be asked during Examination in Chief, but can be asked during Cross Examination.

but it does not meant that the witness will not be given opportunity to explain the answer.

if the judge is biased then you may seek transfer of the matter on the ground that you were not being allowed to give proper replies during cross examination....however it does not mean that you can threat a court for your own vested interest...

a judge is duty bound to confine the matter to relevant aspects of the matter...your personal opinion may not conform to the settled law...so consult some good local lawyer prior to taking any harsh step...

N.K.Assumi (Expert) 27 August 2011
Agreed with the members: But for clear understanding of the matters in Examination in chief; Cross Examintion and Re Examination under the Indian evidence Act, refer the case of Tanala Satyanaryana Vs Tanali Ramarao and Others of the Supreme Court Judgment delivered by Justice D.S.R.Varma,J on 23/12/2005: Equivalent Citation: 2006(2)ALD 542,2006 (1) ALT 718.

K.S.Srinivas (Expert) 27 August 2011
I agree with Mr.Kiran Kumar.

Querist : Anonymous (Querist) 27 August 2011
Thanks, Gone through the sections of Evidence Act now and also judgments.

Can a person call him himself for Re Examination after the Cross Examination is over if his lawyer is not present in the court and clarify his position of what statement he has made so it is not misconstrued as something else later during the arguments.

If Yes, Can he only be Reexamined in the end of the total Cross Examination or during the middle of the Cross Examination also .

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