Wigmore has laid down the following principle in dealing with the statement of a witness who dies before his cross-examination :- " BUT...

  Since the purpose of enactment of Electronic Video  Linkage Rules for Courts (Kerala), 2021 itself is to examine the  witnesses whose pres...

Gone are the days that the defence counsel would take trial proceedings so seriously and cross examine the witnesses on the same day and ...

We find that a victim's counsel should ordinarily not be given the right to make oral arguments or examine and cross-examine witnesses...

As far as the argument of suggestion having not been given to PW2 is concerned, I may mention that the tenor of the entire cross examinati...

Order 7 Rule 14(3), Order 8 Rule 1A(4) and Order 13 Rule 1(3) all provide that the rule for filing a document alongwith pleadings and/or b...

Order 7 Rule 14(3), Order 8 Rule 1A(4) and Order 13 Rule 1(3) all provide that the rule for filing a document alongwith pleadings and/or b...

 In my view, Mr. Shah learned counsel appearing for the applicant has rightly pointed out that part of the deposition of Dr Navroze Kotwal...

 In our view, the second instance also has no substance. It is for the reason that the Appellant (A-6) had an opportunity to cross-examine...

S 75 of CPC provides that court may a commission- a) to examine any person; b) to make a local investigation; c) to examine or adj...

Order VII Rule 14, Order VIII Rule 1 and Order XIII Rule 1 of the Civil Procedure Code. Besides, if an interpretation as canvassed by Sh...

While, therefore, I quite agree that the Court should not as a rule impose a particular time limit as regards the cross-examination of a pa...

However that may be, the principle is, I think, indisputable that the Court has, and should have, a discretion in controlling the cross-...

Much has been argued on the statement of Kishan Lal Tapadia DW-1 the Power of Attorney Holder of the Secretary of the Maheswari Kunj Nyas T...

 I have given due consideration to the rival submissions. It is true that on plain reading of provisions of 0.18 R. 17 of the Code, it appe...

 Order 18 Rule 17 of CPC contemplates as under:                "Court   may  recall  and  examine          witness:- The Co...

When the hearing of these appeals commenced, Sri Krishnanunni, learned Senior Counsel pointedly referred to paragraph 7 of the judgment un...

  Trial court when confronted with said position was required to take the memory cards and CD and also to mark as exhibit tentatively so...

The accused had sexual intercourse with me on the pretext that he would marry me. After I became pregnant I requested to him to marry me ...

Moreover, there was no effective cross-examination made on the plaintiff’s witnesses with respect to factum of execution of sale deed, PW....