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Kum7kumarr (learning)     20 July 2020

Confrontatios

During cross examination of petitioner, i show electonic documents as per 65 b & they r acknowkedged but sometimes my opponent lawyer insist that i have no right to show documents at this stage and i should file duirng my turn. Under which setcion we can cross confront the witness with documents .


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 5 Replies

G.L.N. Prasad (Retired employee.)     20 July 2020

There is never a bar on cross-examining a witness with such documents to confront him and surprise him.   It is the Judge that has to reject depending on the document and circumstances, even when the defendant's advocate objects.

1 Like

P. Venu (Advocate)     20 July 2020

The matter is at the discretion of judge. The general principle that, as far as documents are concerned, there should be adequate notice to the other side.

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Kum7kumarr (learning)     20 July 2020

Thank you M. P. Venu...Though can we surprise him with such evidecnes on the spot for which he is the author...becasue the purposed of cross examination is not fulfilled if he is guided in advance by his lawyers...Do we have any approprate judgement for this..thanks

Dr J C Vashista (Advocate)     21 July 2020

Originally posted by : Kum7kumarr
During cross examination of petitioner, i show electonic documents as per 65 b & they r acknowkedged but sometimes my opponent lawyer insist that i have no right to show documents at this stage and i should file duirng my turn. Under which setcion we can cross confront the witness with documents .

@ kum7kumarr,

You have stated to have shown some of the "....electonic documents as per 65 b & they r acknowkedged ..."  in that circumstances what is your query/ ambiguity / clarification /doubt ?

Further you have mentioned a vague statement, inter alia, that, "........but sometimes my opponent lawyer insist that i have no right to show documents ............."  what are those documents/ circumstances where opposite counsel has objected ? Whether the objection is taken or over-ruled by the Court ? Vague, false and fabricated statement has no suggestion/ advise.

 

 

Kum7kumarr (learning)     21 July 2020

Thank you Mr. J.C Vashista sir.

Basically, cross examination is still going on and till date court has allowed based on 65 b and admissions after so many arguments of both parties. But every now and then with such oppostions by other party , i want to come with the section in future during cross that this is my sanctified right to cross the witness with documents. So kindly help if its in any civil law and family court act.

 

Thank You!

 


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