cross examination

Querist : Anonymous (Querist) 28 April 2010 This query is : Resolved
I am working for a company in Mumbai. If my predecessor who was looking after litigation under 138 has left the company half way during the cross, am I required as per law to be crossed from the beginning or continue from where my predecessor left.

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Suryanarayana Tangirala (Expert) 29 April 2010
It will start a fresh the earlier evidence will be eschewd

Raj Kumar Makkad (Expert) 29 April 2010
If you own the affidavit filed by your predecessor then even you can be cross-examined in his place but initially you require a specific resolution of the company to replace your predecessor by you.

Daksh (Expert) 29 April 2010
I differ with Surya and Raj.
In my opinion subject to the descretion of the presiding officer your statement can be recorded and pursuant whereof you can start where your predecessor left.
Best Regards
Daksh

adv. rajeev ( rajoo ) (Expert) 29 April 2010
I agree with Raj Sir,

Suryanarayana Tangirala (Expert) 29 April 2010
A Magistrate cannot decide for him self using so called dicretionary power Mr.Daksh it is contrary to Law.Evidence cannot be given in piece meal by two or more people this way, if such kind of practice is allowed i will depose for 1/4 portion if iam not comfy i will ask some one else to depose for the rest of it!!!!As the said employee left job in the middle of course of cross examination the rest cannot be faced by some one else It has to start afresh

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