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Puspha Rani (n/a)     30 August 2010

Re- cross examination of witnesses

My lawyer was not efficient in cross examining the witnesses in a case of WILL. I am thinking to take the “VAKALATNAMA” from current lawyer and find a competent one to replace him. Before doing so, I want to find from you people that if I handover the case to new lawyer, could he/she call the witnesses for re-cross examination in court? Thanks.

 3 Replies

SURESHKUMAR.S (ADVOCATE)     30 August 2010

Once cross examination was over, regarding already covered matters in cross examination, it cannot be recalled. However, in case of ambiguity of deposition, it can be recalled and reexamined. 

N.K.Assumi (Advocate)     13 January 2011

Refer to section 311 of the CrPc. as reported in Godrej Pacific Tech .Ltd vs Computer Joint India Ltd decided by the Supreme Court on 30 July 2008 in Criminal appeal No.1181 of 2008. (Arising out of S.L.P. (Crl) 6396 of 2006) The witness can be recalled and re-cross examined.

Mallik Karra (Done with AIBE)     14 January 2011

I've read the judgement, the question here is if some evidence is not conclusively proved then it can be called again and i am not sure that is the case here.....

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