Civil Procedure Code (CPC)


This query is : Resolved 

29 October 2010

1)In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.

2) Difference between pre-emption suit & administration suit & Summary suit. Pls with the example(S).


3) 15. Decree in suit for dissolution of partnership

Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.

Query : 1) What do u mean by preliminary decree how much is it imp for this section & in other laws also.If not obeyed than we can file a execution petition or contemp petition under the same court or appllete court.

2) Meaning Of Hostile .

3)Which section speaks about the Rejoinder Affidavit its meaning , advanatges & disadvanatges , how can apply, why to apply , where to apply, If required or ordered by a court & not filed than what will be the peanlty etc., Rejoinder Affidavit can be taken as a evidence in any court in india as per which section as above points of rejoinder because it has not defined the Indian Evidence Act. Also how it is different from the simple affidavit beause oath act also does not define Rejoinder Affidavit or any such types(S) of affidavit. Pls explain me the conept of Rejoinder Affidavit in detail pls if possible with the help of a example(S).

4) What do u mean by Rejoinder Affidavit Suit & also difference between RCR & Rejoinder Affidavit.

Thanks In Advance.

GOD Bless U All.

Devajyoti BarmanOnline (Expert)
29 October 2010

These are typical school level questions. You should put these questions to your teacher or consult any standard book on this subject.
Do you not think that this space should be used by the people who are in trouble of various kinds of legal dispute and come here for a quick remedy/answer.

s.subramanian (Expert)
29 October 2010

I fully support the view of Mr.Barman.

Kirti Kar TripathiOnline (Expert)
29 October 2010

I also concur with Mr. Burman

Arvind Singh ChauhanOnline (Expert)
29 October 2010

As your query cross examination of hostile witness is concerned . Find the attachment with nice explanation of this situation when judge don't permits to cross examine the hostile witness.

But rest answers are in books.

M V GuptaOnline (Expert)
28 November 2010

I think Mr. Pratik is not posing any legal problem faced by him. He is only trying to cull out answers for some of his academic doubts without making any efforts himself to refer to the text books. I agree such things should not be encouraged in this forum which is meant to guide and help people facing legal problems.

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