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...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Evidence Act, 1872, Section 137 -- Any document can be produced in the cross examination of a party and the witness under cross examination can be confronted therewith - Similarly any document can be produced to that end for the witness to refresh his or her memory...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137, 138 -- Re examination of witnesses - Allegations by complainant wife that during subsistence of marriage of her with the petitioner, petitioner contacted another marriage - Complainant cited three witnesses and later produced one who was not cited in the list of witnesses - Complainant claimed..........
Evidence Act, 1872, Section 154, 137, 138 -- A witness cannot be summoned for the purpose of cross examination only - In absence of any chief examination, a witness cannot be subjected to cross examination directly - For operation of Section 154 of the Act earlier provisions of Sections 137 & 138 of the Act have to be followed and a combined reading of all the three..........
Evidence Act, 1872, Section 3, 137 -- Witness - Departure from prosecution story - Reliability of - Held, when all witnesses support prosecution case, but except one, prosecution story cannot be demolished only on statement of one witness who makes departure from prosecution case and that too only in cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4, Evidence Act, 1872, Section 137 -- Summoning of a plaintiff's witness at the instance of defendant for cross examination who was not examined by plaintiff suspecting his bona fides but whose affidavit in lieu of examination in chief was filed - Where the name of an individual figures in the list of witnesses, the..........
Civil Procedure Code, 1908, Order 17, Rule 1(2), Evidence Act, 1872, Section 137 -- Witness present in Court has to be examined - Failure of concerned party to examine or to cross examine - Court can dispense with examination-in-chief or cross examination of the witness...........
