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jason (student)     14 December 2010

help me

first of all hello to all the family members ,

in my friends case , the person who is giving evidence is very old and sick  84 yrs, so if he just gives an affidavit  stating the facts of the case, in the presence of a special executive magistrate, will it be ok, and taken as evidence, as this person is staying at a very far distance from the bandra court, he cant walk properly, so what can be done to exempt him to come to court,  he says you get the papers ready the affidavit and i will sign if, as this particular person was in service at that time and he knows the facts of the case

so somebody please help me out 



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 December 2010

If it is in the criminal case affidavit cannot be filed. But in the civil case you can do it, but for the cross examination his presence is very important.  But when wittenss is unable to attend the court because of his sickness, he cannot avoid the cross examination, so you will have to get appoint an advocate as court commissioner to examine that wittness.

1 Like

N.K.Assumi (Advocate)     14 December 2010

You can even pray for video conferencing to recording his statements.

1 Like

jason (student)     14 December 2010

thanks for the prompt reply, just a query , what if after the affidavit is submitted and the witness dies a natural death, will the case go , and the affidavit be of no value

will this person have to sign the affidavit in the presence of the judge on what is the procedure

thanks once again

Y ARAVIND (ADVOCATE)     14 December 2010

A witness who is not subjected to cross-examination (in civil cases) even if his cheif examination is recorded either as affidavit or personally, it will be eschewed.

1 Like

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