Evidence Act, 1872, Section 137, 141, 142 -- Leading questions in examination-in-chief - Deaf and dumb witness - Leading questions were asked from witness during examination-in-chief and services of an interpreter not taken - Such evidence is absolutely inadmissible evidence and practically no evidence...........
Evidence Act, 1872, Section 137, 138 -- Cross-examination/re-examination - Cannot be held by a party, who is not adverse to person, who has examined any such witness, as it is a right of adverse party...........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Affidavit of examination-in-chief - Bald statement that everything written in plaint is correct - Even there is no reiteration of statements made in plaint - There is no requirement at all for the defendant to cross examine him on those issues...........
Evidence Act, 1872, Section 137, 138 -- Examination of witness - When a witness had filed affidavit, he submitted himself for cross-examination, then it was the duty of Court to grant opportunity to plaintiff to allow for examination of witness - If despite granting opportunity, witness is not produced for cross-examination only then Court has to pass the order to discard..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Evidence Act, 1872, Section 137, 138, 145, 146, 148 -- Cross examination - It is a weapon in the hands of opposite party to establish the reliability or ascertain the credibility of a witness who is under cross examination and also to see the veracity of case put forward before Court...........
Evidence Act, 1872, Section 137 -- Cross-examination - A witness should be cross-examined on each and every point and failure to cross-examine him/her on a particular point would entail a presumption that party not cross-examining the witness had accepted the evidence...........
Evidence Act, 1872, Section 3, 137 -- Testimony recorded after recall, giving clean chit to accused - Original version exact and faithful factual narration - Second version after a long delay, a coloured and incorrect version, which is given because of social and economic pressures - Held, second version, which is belated in point of time, should not be accepted and has to..........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Can be allowed before completion of cross-examination - If in the midst of cross-examination, Court comes to conclusion that some new point has emerged and some document though exhibited in examination-in-chief is incomplete or has been left out inadvertently either by witness himself or due to lapse of Court,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to..........