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Shantanu Wavhal (Worker)     08 December 2012

Re-examination

what is re-examination ?

is it allowed only in criminal cases only ?

or

it is allowed in hindu marriage petitions also ?



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 December 2012

1. Re-examination is used to re-establish the credibility of a witness by the party calling the witness who has already examined witness in chief. 

2. It is used to fill up the lacunae exposed in cross and make the court believe in witness once again.

3. No new matters can be raised in Re-examination - if they are done - with the consent of court and opposite party gets to cross again.

4. In all matters . 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

1 Like

Shantanu Wavhal (Worker)     09 December 2012

excellent

i m petitioner in one HMP

i have submitted my evidence affidavit

my cross (half way) was done by opponant lawyer on last date - next date is for further cross.

i have given all true answers.

but at some questions, the answers may create a wrong impression, 

so such answers need elaboration & explanation - such explanations will strengthen my case.


DO I NEED TO FILE APPLICATION FOR RE-EXAMINATION / just verbal request to court is sufficient ?



Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 December 2012

Dear Amit

 

138. Order of examinations -

 

Witnesses shall be first examined-in-chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined.

 

The examination and cross-examination must relate to relevant facts but the cross-examination need not to be confined to the facts which the witness testified on his examination-in-chief.

 

Direction of re-examination

 

The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

 

COMMENTS

 

Scope

 

Section 138 lays down the manner of examining a particular witness and creates three distinct rights viz., examination-in-chief, cross-examination and re-examination so far as the examination of a witness is concerned. The right of cross-examination available to opposite party is a distinct and independent right. When accused declined to cross-examine witness and thereafter the said witness is not available for cross-examination, the evidence of such witness recorded is admissible in evidence but that will have to be true to that account; Nandram v. State of Madhya Pradesh, 1995 FAJ 1 (MP).

 

 You can file a written application for re-examination of the witness

1 Like

Shantanu Wavhal (Worker)     09 December 2012

on last date, i was put to rigerous cross examination.

it went on for 1 hour.

@ 80 questions were asked.

now again next date is fixed for further cross examination of mine.


i wonder, how many opportunities would be granted to the respondent lawyer !


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