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ca.bhupendrashah (FCADISA)     26 June 2008

absence of witness

when a witness refuses to attend, what is the right of the respondent & duty of the claimant?

what about his affidavit & content?



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 5 Replies

Srinivas.B.S.S.T ( Advocate)     26 June 2008

when the witness did not 
turned up for the cross either party who thinks that his evidence will
support his case can file a petition seeking the court to issue summons
to that witnesss. Even if he fails to appear after the receipt of summons the court can issue BW and then NBW so as to secure his presence.


 


If
the oppurtunity of Cross eaxamination was not provided to the opposite
party the court will eschew the evidence in chief of that witness.

prof s c pratihar (medical practitioner &legal studies)     21 November 2008

resolved. yhanks

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 January 2009

Mr. Srinivas is absolutely right.

Ramakrishnan.V (Lawyer)     02 July 2009

would anyone tell me by which provision of the indian Evidence Act the recorded evidence would be eschewed.

Suresh CSLLM (Service)     06 March 2010

As per the Indian Evidence Act, in case a witness is uable/unavailabe or deny execution of any particular agreement, then execution can be prooved by other means. Its not like that exection can be prooved only through witness.


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