Doubt
rsraghukumar
(Querist) 25 March 2012
This query is : Resolved
sir what is the meaning of unchallenged chief examination? the respondent in my case filed chief examination. court gave three chances to the respondent, but when ever her cross examination day was there she was absent on the same day. court in its judgment written that the chief examination filed by the respondent is unchallenged chief affidavit.
sir my next doubt is that can a negative of a photo can be created? i filed photos along with negatives. the respondent is saying that negatives are also created. is it possible to create negatives also sir. sir when i filed photos along with negatives is it necessary to call photographer?
ajay sethi
(Expert) 25 March 2012
generally whn a witness leads evidence by means of affidavit it is examination in chef . defendant is granted opportunity to cross examine witness .
if inspite of repeated adjournments no cross is done then evidence of witness has gone in unchallenged .
you have to examine photographer who has atken the photograph . he will depsose as to when photos were taken , neagtives of photo etc. his examination is a must to prove said photos
Raj Kumar Makkad
(Expert) 25 March 2012
Your narration in the query is opposite than what has been decided by Court.
You have mentioned that respondent didn't appear for cross-examination but court has mentioned that you failed to cross-examine him despite of his repeatedly coming on each and every date for the same purpose thus his evidence ia unrebutted thus this finding is against you.
It was your duty to get his absence marked in the order sheet of the court but your counsel failed to do so resultantly the order sheet speaks opposite to you. Everyone shall read what is written in the court order.
Photographer should come in the witness box and should face cross-examination.
Have you engaged any lawyer or not? If yes then you are dictating him or he is being forced by you to follow you?
Please provide him freedom to apply his mind not of you.
Shonee Kapoor
(Expert) 25 March 2012
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
