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..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - It is imperative if examination-in-chief is over, cross-examination should be completed on the same day - But if examination of a witness continues till late hours, trial can be adjourned to next day for cross-examination and for grant of adjournment special reasons be recorded...........
Criminal Procedure Code, 1973, Section 278, Evidence Act, 1872, Section 137 -- Statement not properly recorded - Corrections in the words of witness has to be recorded as such, as memorandum, by Presiding Officer and he shall add such remarks as he thinks necessary regarding objection raised by witness regarding the correctness of the deposition recorded...........
Criminal Procedure Code, 1973, Section 278, Evidence Act, 1872, Section 137 -- Statement not properly recorded - An opportunity has to be given to give further chief examination and not examine him chief afresh...........
Evidence Act, 1872, Section 137, 146 -- Cross examination - In case a question is not put to witness in cross examination, who could furnish explanation on a particular issue, correctness or legality of said fact/issue cannot be raised...........
Evidence Act, 1872, Section 137 -- Cross-examination - Can only be by adverse party for purpose of testing the veracity of stand taken by witness in his chief evidence - Witness when turns hostile then Court may in its discretion permit the person who calls a witness to put any question to him which might be put in cross examination by the adverse party...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief & cross examination - Defence cannot rely on nor can the court base its finding on a particular fact or issue on which the witness has not made any statement in his examination-in-chief and the defence has not cross examined him on the said aspect of the matter...........
Evidence Act, 1872, Section 137, 138 -- Re-examination of witness - Held, re-examination is to be directed to explanation of matter referred to in cross examination - If any new matter is introduced in re-examination that has to be with permission of Court and opposite party would have further right to cross examine witness upon that new matter...........
Evidence Act, 1872, Section 137, 138 -- Cross- examination - Object - (1) to destroy or weaken the evidentiary value of the witness of his adversary; (2) to elicit facts in favour of the cross-examining lawyer's client from the mouth of the witness of the adversary party; (3) to show that the witness is unworthy of belief by impeaching the credit of the said witness; and..........
Civil Procedure Code, 1908, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Witness present for cross examination whose affidavit of examination-in-chief was tendered and opportunity to cross examine witness not availed - No prejudice caused to defendant if this witness did not enter the witness box...........
