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arundhatii (Junior Advocate)     27 May 2011

List of Witnesses

Examination in chief of witnesses/complainant ( Domestic Violence Act,2005) is going to be filed on next date by the complainant. My Question---> Do i need to submit my client's (Respondent) examination in chief on the same date?

I want to bring couple of our (Defense) witnesses on record of court, what is the procedure to bring witnesses on record?  also, i am planning to submit examination chief of my client along with examination chiefs of other witnesses whom i am planning to take on record.

kindly explain the entire procedure to bring the witnesses on record.

I Would be very thankful, as usual.

Arundhati.

 



Learning

 13 Replies

Arvind Singh Chauhan (advocate)     27 May 2011

Firstly prosecution wittness have to depose in court to prove her allegation. You can proceed later in your defence.

Om Prakash Dhusia (HR assistant)     27 May 2011

Dear Arundhati:First of all prosecution witnesses would depose in the court and you being on defense have to cross-examine them to contradict their version and prove them wrong on the same day as per procedure and kindly during cross examination do not put the leading questions which may prove fatal for you.It would be recorded by the court, verified by PW/signed and counter signed by the Judge.Never put foolish questions to PW like," Do you recognise the accused/respondant"?Many of the novice do it in the same fashion.Avaoid such questions during cross.

Afetr completion of all the PWs deposition you would be required to submit your version and can produce your witnesses for defense and then they may be subjected to cross examination the same way as you did by the prosecution.The word Examination-in-chief is used when the PW is declared HOSTILE and he is cross examined by Prosecution.So Cross- Examination and Examination-in-chief are two different subjects.Please do not get confused.If the PW does not speak as per the statement recorded u/s 161 CrPC by police, he is being declared HOSTILE by prosecution and subjected to EIC with permission of court.

Respondant/accused would be given chance for his version u/s 313 CrPC afterwards.But court is free to ask any question during depositions,

Hope this may help you.

Regards.

arundhatii (Junior Advocate)     27 May 2011

Ohh ok...i got it..i got it Mr Arvind and Omprakash ji....well, i dont think i would like to take the cross on the same day, is there any procedure by which i could "reserve" the cross? or adjourn it till till the next date/hearing? kindly help me. Thank U.

Jamai Of Law (propra)     28 May 2011

To clarify more on  'First of all prosecution witnesses would depose in the court and you being on defense have to cross-examine them to contradict their version and prove them wrong on the same day as per procedure' 

 

 

 

If prosecution first takes deposition of petitioner first .... then the same of other witnesses

But your cross exam of those, you should ask for cross immediately after each deposition ...

i..e. after deposition of plaintiff , if you take cross immediately with letting the prosecution to to go for deposition of other witnesses, then it helps your client.

 

 

 

So sequence  is like:-

Deposition of plaintiff--> cross by defense,  ....... then Deposition of plaintiff's other witnesses --> cross by defense, ...., .....,

 

 

 

Deposition of defendent--> cross by prosecution,  ....... then Deposition of defendnet's other witnesses --> cross by prosecution, ...., .....,

 

 

 

Please remember that "--> cross by defense" in between is there ..... it helps otherwise it prolongs the case and witnesses take long time to come to court for second time ............... for cross etc.

 

 

 

Party is dis-allowed, by law, to ask leading question in exam in chief.

But there is no such thing in cross..... And rather .......... you are supposed to ask only leading questions in cross if you want to win ... , otherwise it is a risk on your client's case,  and you may not be able to catch witness and contradict his testimony.

arundhatii (Junior Advocate)     05 June 2011

Thanx Sirs, but is it necessary to give the copy a copy of QUESTIONS which i am going to ask in cross examination to other party for their preparation? Just need to clear this little doubt.....thank u :-)
 

Om Prakash Dhusia (HR assistant)     06 June 2011

No not at all. What use it would be if you are submitting your defence to him in advance. Cross examination should be abrupt but do not suggest them anything what I mean to say on Leading question.

If PW says contrary to what it is on record let it be so because it would be recorded in the court and what ever comes out during cross examination would be construed as evidence and not what was written earlier by police.Even if it was recorded u/s 164 Cr PC do not bother about that because if it was recorded by any magistrate even he would be CE in the trial court.

The questions should not necessarily be in sequence. You can put haphazardly, don't bother but be calm and use your skill to prove him wrong.

Regards.

arundhatii (Junior Advocate)     06 June 2011

Thanx Dhusia ji, actually somebody told me that its necessary to give a copy of cross-exam questions to the opposite party i was bit confused and never understood the logic behind that. Now i am confirmed that this is certainly neither  a practice of the court nor a part of the procedure. I am learning many things in the shadow of people like you sirs.......thank you...so much.

Om Prakash Dhusia (HR assistant)     11 June 2011

Dear Arundhati: I forgot to mention that the Cross examination should and must be conducted on the same day when the PW gave his version. Don't wait for another day and allow him time to deliberate or change his mind, or retract the eralier version because he can be suggested by the opposite party.You have to be clever enough to ask question favoring you.

Regards

Om Prakash Dhusia (HR assistant)     11 June 2011

Dear Arundhati: I forgot to mention that the Cross examination should and must be conducted on the same day when the PW gave his version. Don't wait for another day and allow him time to deliberate or change his mind, or retract the earlier version because he can be suggested by the opposite party.You have to be clever enough to ask question favoring you.

Regards

gaury..fight to win (Education)     16 June 2011

what is leading question in a case?

Kindly let me to know.

arundhatii (Junior Advocate)     17 June 2011

Thank You !!! :-) :-) :-). Sir, one more question...i have filed stay application against the execution of interim maintenance order today. Both the Application of condonation of delay (in filing appeal) and Application for the grant of Stay will be heard on 18th July. My question is whether it is possible for the magistrate to compell my client to pay the amount of maintenance when application for stay , condonation of delay and appeal is pending in the sessions court? Kindly guide me. and, also let me know, what will happen if client is not in a position to pay any amount of maintenance due to financial reasons? It is true that if party does not obey the order of court, the court can put him behind the bar. but still what about such people whos financial position is not that good? Is there any judgement available in which High Court cancelled the arrest warrant issued by magistrate court because the party have not obeyed the court order regarding maintenance because of genuine financial difficulties?

kranthi (retainer advocate)     18 June 2011

Leading question is one in which the answer to that question involves f  

Om Prakash Dhusia (HR assistant)     25 June 2011

Dear Arundhati: Whenever any stay is granted from the upper court, the order of the lower court stands IN-OPERATIVE and it is mentined as such on the STAY ORDER but that order should reach the concerned lower court and if not due to some reasons, then kindly submit an application along with the copy of the STAY ORDER to the trial magistrate so that he is apprised of the development.

Do it immediately please.

One can request any relief within the scope of the law to the court  at any time.

Regards.


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