Preliminary issue hearing
Nandini R. Bhatkar
(Querist) 02 November 2017
This query is : Resolved
Sir i have filed an application to frame preliminary issue that whether the applicant is labour or not. Said aaplication is allowed by the court and now the matter is fixed for hearing on preliminary issue and i have file an affidavit i.e. examination in chief. Please guide what would be the contents of said affidavit. I have already filed my written statement. Please guide.
Guest
(Expert) 02 November 2017
" Written Statement " is the defense of defendants in which the defendant deny or admit each and every allegation of facts given in the plaint.Better Discuss with your advocate in detail.
Rajendra K Goyal
(Expert) 02 November 2017
Affidavit i.e. examination in chief depends on the basis of facts of the case. Show the case file and get guidance from some local senior.
Kiran Kumar
(Expert) 02 November 2017
Since you are giving evidence before the court. It shall confine to the facts of the case and only to the extent of issue framed by the Ld. Court. Since you are master of your case you shall proceed as per the submissions made by you in your WS.
Kumar Doab
(Expert) 02 November 2017
Preferably consult LOCAL senior counsel specializing in Labor matters...
Ms.Usha Kapoor
(Expert) 03 November 2017
Once an Affidavit in examination in chief is submitted as evidence and marked as exhibit it canot be withdrwan or altered and formspart of the record whethe the party wh submits his Affidavit is available for cross examination or not.THe cour may appoint a commissioner to cross examine him by that time Cross approaches.
.Affidavit in examination in chief is called evidence Affidavit,Let us examine the provisions of Order 18 rule 4:
4. Recording of evidence by Commissioner.- (1) In every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence.
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the court shall be taken orally by a Commissioner to be appointed by the court from amongst the panel of Commissioners prepared for this purpose on the same day:
Provided that, in the interest of justice and for reasons to be recorded in writing, the court may direct that the evidence of any witness shall be recorded by the court in the presence and under the personal direction and superintendence of the judge.
(3) The Commissioner shall be paid such sum for recording of evidence as may be prescribed by the High Court.
(4) The amount payable to the Commissioner under sub-rule (3) shall be paid by the Court or by the parties summoning the witness as may be prescribed by the High Court.
(5) The District Judge shall prepare a panel of Commissioners to record the evidence under this rule.
(6) The Commissioner shall record evidence either in writing or mechanically in his presence and shall make a memorandum which shall be signed by him and the witnesses and submit the same to the court appointing such Commissioner.
(7) Where any question put to a witness is objected by a party or his pleader and the Commissioner allows the same to be put, the Commissioner shall take down the question together with his decision.
Please refer to Order18 rule 4 in this connection
For further information on this issueplease click the following link.
https://indiankanoon.org/docfragment/759438/?formInput=order%2018%20rule%204%20
Guest
(Expert) 03 November 2017
Agree with Ms Usha Kapoor
Dr J C Vashista
(Expert) 03 November 2017
I totally disagree with shabby knowledge of law by impersonating expert.
Preliminary issue framed has to be argued and decided before proceeding/ recording of evidence(s).
Submission of evidence by way of affidavit of the plaintiff (in examination-in-chief) is accepted and taken on record by the Trial Court subsequently; but not before deciding preliminary issue as stated by the impersonating expert.
Guest
(Expert) 03 November 2017
Mr JC Vashista is Just No One to comment on any Expert that too on a Lady Expert Ms.Usha Kapoor as" impersonating Expert." and " Shabby Knowledge " Etc. He can not predict him self or imagine him self as "Super Intelligent " Please
Guest
(Expert) 03 November 2017
The Word " Impersonate" and " Shabby Knowledge " are very damaging comments.
Guest
(Expert) 03 November 2017
If he has got any valid objections to her post he could have posted it than taking advantage to Insult her
Guest
(Expert) 03 November 2017
Mr JC Vashista who is in the habit of demanding the money in the open forum from the Innocent Querist should stop that and also stop insulting the Experts that too an Lady Expert
Dr J C Vashista
(Expert) 03 November 2017
Provision of Order XVIII Rule 4 CPC is inapplicable in instant case (as stated by the queriest), the so-called expert is requested to update legal knowledge or stop misguiding queriest(s).
Pre-requisites for appointment of Local Commissioner is when the witness is incapacitated to depose personally before the Court under Order XVIII Rule 4 CPC, and the party has applied for appointment of LC.in terms of Order XVIII Rule 19 CPC
Guest
(Expert) 03 November 2017
Mr JC Vashista can not assume him self or predict him self or just imagine him self as a super intelligent here.
Guest
(Expert) 03 November 2017
Mr JC Vashista should not comment on Ms.Usha Kapoor an Lady Expert as " So Called Expert " in an open forum
Guest
(Expert) 03 November 2017
If he has got any objections Legally to her Post he should Justify him self and should Stop commenting on Experts
Guest
(Expert) 03 November 2017
If there are No Difference of Opinions in Legal Matters there would be no necessity of Courts
Guest
(Expert) 03 November 2017
Even demanding money from Innocent Querist in open Forum should be avoided
Rajendra K Goyal
(Expert) 03 November 2017
Some experts post multiple posts shows their extreme frustration / level of knowledge. / standard of mutual respect.
Guest
(Expert) 03 November 2017
Only the Concerned Police could certify NO Criminal Cases/ Complaints Pending Please
Guest
(Expert) 03 November 2017
Obviously Police Certificate would be mandatory
Guest
(Expert) 03 November 2017
Any how the Guilt is Exposed
Guest
(Expert) 03 November 2017
Thanks Please ......................................
P. Venu 
(Expert) 03 November 2017
It appears that the querist is appearing party-in-person and the matter is filed in a court in Maharashtra. There is a special provision relating to preliminary issue applicable to that State:
STATE AMENDMENTS
Maharashtra– After section 9 insert the following section 9A.
“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-
(1) Notwithstanding anything contained in this code or any other law for the time being in force, if at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver or otherwise, made in any suit, on objection to jurisdiction of the court to entertain such suit is taken by any of the parties to the suit the court shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief. Any such application shall be heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit.
(2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction”.
[Vide Maharashtra Act No. 65 of 1977, sec. 3 (w.e.f. 19-12-1977)].
I am not issue whether the issue is to be decided based on hearing or involves taking of evidence. Facts posted suggests that the court has decided to record evidence on the preliminary issue. If so, the affidavit is to be drawn up based on the pleadings in the plaint; pleadings in the Written Statement may not be relevant. This "proof' affidavit is to be drawn up much care taking into consideration the cross-examination by the opposite side.
Rajendra K Goyal
(Expert) 03 November 2017
some of the experts does not understand meaning of the words like please, kindly, humble request.
Even they have no honor / respect for the dignity / age / qualification / soberness / experience of the person for which words are used..
Guest
(Expert) 03 November 2017
Why the Child is blabbering Please
Guest
(Expert) 03 November 2017
What went wrong ...............................................
Guest
(Expert) 03 November 2017
Not able to understand please........................
Guest
(Expert) 03 November 2017
Child should come out openly ...................................
Rajendra K Goyal
(Expert) 04 November 2017
Try to be sober.
Try to maintain decorum.
Try to contribute if you can.
Rajendra K Goyal
(Expert) 04 November 2017
Some experts are in the habit of posting cheap comment on me / experts. They should not take pain to send message for feeling sorry and regret to me atleast.
Any regret message from anyone embarrasses me. I do not like anybody feel sorry before me and hence feel small. I believe in respect and equality to all.
Rajendra K Goyal
(Expert) 04 November 2017
Expert has used the word child and blabbering for me at.
http://www.lawyersclubindia.com/experts/Preliminary-issue-hearing-660761.asp
Try to be sober. Try to maintain decorum.
Kumar Doab
(Expert) 04 November 2017
Vashistaji,
IT=@PSD has posted IT’s=@PSD’s advertisement about you at IT’s=@PSD’s profile of IT’s multiple fake ID’s and also in many threads.
You have posted your kindness on IT=@PSD in many threads although there is NO element of any expertise in IT=@PSD.
IT=@PSD has returned your kindness from all of IT’s=@PSD’s multiple fake ID’s, with IT’s trademark style and fashion it adorns.
You may like to revisit and recheck e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=152333&offset=1
and at profiles…
