Citation

rsraghukumar (Querist) 26 March 2012 This query is : Resolved
sir please provide a citation regarding to Unchallenged Chief Affidavit. i mean when any person not entered into witness box by filing chief affidavit, court will not consider that chief affidavit na sir. that type of citation relating to hc or sc i require. its humble request.

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V R SHROFF (Expert) 26 March 2012
It happened. Judge may take out meanings that favor opposite part.

Raj Kumar Makkad (Expert) 26 March 2012
Dahyabhai Chhaganbhai Thakker versus State of Gujrat AIR 1964 SC 1563.

Adv.R.P.Chugh (Expert) 26 March 2012
If a person refuses to face cross after filing chief - his evidence is not read as record, infact an adverse inference can be drawn against him u/s 114 of the Indian Evidence Act - i.e the court may presume that had he entered witness box - it would have hurt his interests i.e got something to hide which falsity would have come up in cross.

Shonee Kapoor (Expert) 26 March 2012
agreed, chief w/o cross is not admissible.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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