...to answer.—If any such question relates to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring his character, the court shall decide...that on these prominent aspects, rules appeared to have been formulated by certain High Courts, whereas many other High Courts have not framed such rules. This has led to a lack of clarity and...Courts by taking a cue from the existing rules in some High Courts. After noticing about 13 issues, the Court felt the desirability of a uniform approach — in description of exhibits, manner and...

...Jagir Singh v. State (Delhi) ., Mr Anthony submits that when a prosecution witness, being hostile, is cross-examined by the Public Prosecutor with the leave of...witness”, “unwilling witness” are all terms of English law. At Common law, if a witness exhibited manifest antipathy, by his demeanour, answers and attitude, to the cause of the party calling him, the...foundation on the theory that by calling the witness, a party represents him to the Court as worthy of credit, and if he afterwards attacks his general character for veracity, this is not only mala fide...

...some one else?”; but she gave no answer. At that time he remembered that she had not been to a party given by his brother when he was away on the sea and when asked why she did not go, she told him...of her being unresponsive when he put his arm around her affectionately? Her coldness towards him might have been due to many reasons. Unless he had a suspicion earlier or was informed by somebody...Dr Baliga, DW 2 says about Injury 1. The opinion expressed by Dr Jhala is put to this witness, namely, that Injury 1 on the chest could not have been caused during the course of a struggle when the...

...-examination cannot but be sensitive to discern which answer in cross-examination requires explanation. An efficient Public Prosecutor would gather up such answers falling from the mouth of a witness during...amazing that he did not avail himself of that right in respect of a single witness. The defence counsel would have had a free day as he was left totally undisturbed by the Public Prosecutor...is not sufficient to impair the credit of the witness. No doubt Section 155 of the Evidence Act provides scope for impeaching the credit of a witness by proof of an inconsistent former statement. But a...

...confined to cases of compulsory extraction of incriminating statements or communications by an accused person in court, the expression “compelled to be a witness” being understood as meaning “being...must be to be a witness, and (4) against himself. Compulsion, according to him, means coercion or constraint and does not include mere asking by the police to do a certain thing or the direction by ...writing by an accused person, transmitting his knowledge disclosing relevant facts of which he was aware, would amount to “being a witness” against himself. But mere production of some material...

...colour or the border of the towel. From this evidence it is clear that he is an accused and the deceased arranged defence counsel to him a case filed against him by Issac and that he is a chance witness...was not even spoken to by PW 4. Therefore, he is a false witness brought up to corroborate the evidence of PWs 1 and 4. Then we have the evidence of PW 6. He is another tea stall owner at a distance...power to cross-examine a witness as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved...

...learned counsel that the statement of Parminder Kaur was not recorded by the witness in question and answer form. The evidence of the witness is that she narrated the incident and therefore the dying...her also. Ultimately on 30-4-1992 at about 2.00 a.m they killed her by pouring kerosene over her body and then applying a lighted matchstick to her clothes.3. The trial...of the deceased. There was no reason for him to do so. As regards the condition of Parminder Kaur, the witness has stated that he had first ascertained from the doctor whether she was in a fit...

...immediately noticed that he has perjured himself. Therefore as a matter of prudence, evidence by video-conferencing in open court should be only if the witness is in a country which has an extradition...court or officer as the Central Government may, by notification, specify in this behalf.(3) If the witness is in a country or place outside India and.... Thus in cases where the attendance of a witness cannot be procured without an amount of delay, expense or inconvenience, the court could consider issuing a commission to record the evidence by way of...

...under Section 9 of the Evidence Act where the evidence consists of identification of the accused at his trial. The identification of an accused by a witness in court is substantive evidence whereas...evidence of identification in test identification parade is though primary evidence but not substantive one and the same can be used only to corroborate identification of the accused by a witness in court...very much admissible in law. Question is, what is its probative value? Ordinarily, identification of an accused for the first time in court by a witness should not be relied upon, the same being from its...

...for seeking any clarification, the witness may be re-examined by the prosecution. There is, in our opinion, no meaning in tendering a witness for cross-examination only. Tendering of a witness for...cross-examination, as a matter of fact, amounts to giving up of the witness by the prosecution as it does not choose to examine him in chief. However, the practice of tendering witnesses for cross...shall be first examined-in-chief, and then, if the adverse party so desires, cross-examined, and, if the party calling him so desires, re-examined. It is obvious that if a witness is examined by the...

...did not by the said order rule that no omission in the statement made under Section 161 of the Code of Criminal Procedure can be put to a witness, but stated that only an omission which is...made by the witnesses before the police is open to the accused; to illustrate the contention: a witness can be asked whether he made a particular statement before the police officer; if he says “yes...with a copy thereof; and such statement may be used to impeach the credit of such witness in manner provided by the Indian Evidence Act, 1872.(2) Nothing in this...

...the date of the suit.3. A number of pleas were taken by the contesting defendant in answer to the plaintiff's claim, most of which are not relevant for our present purpose...witness in the registered receipt (Ex. 10) given by Sheo Balak Ram, to whom a sum of Rs 500 was paid by Bhikhi Ram under the terms of the disputed mortgage deed. We fail to see why it was improbable that...a sum of Rs 11,935 by enforcement of a simple mortgage bond. The mortgage deed is dated the 8th of March, 1926 and was executed by Raja Pateshwari Partap Narain Singh, the then holder of Basti Raj...

...aforesaid necessity. The section reads thus:“159. Refreshing memory.—A witness may, while under examination, refresh his memory by referring to any writing made by himself at.... The other exception is the following:“Exception 2.—If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he...State by special leave.2. Rekha was put up in a college hostel at Bangalore while she was doing her BA. As she failed in the final examinations her father put her up in the...

...elementary principle that a person who is required to answer a charge must not only know the accusation but also the testimony by which the accusation is supported. He must be given a clear chance to...in support of the charge before the workman was, questioned. It is an elementary principle that a person who is required to answer a charge must know not only the accusation but also the testimony by...Managers,During the inquiry, no witness was examined and no statement made by any witness was tendered in evidence. (1) [1957] S. C. R. 779, 166...

...on the point, whether she was sitting or sleeping or relaxing when the gun was fired. What is of importance is the fact that she was doubted as a witness by investigating agency. It was this doubt...doctor; (vi) During the course of investigation Rajendrasingh should have been offered as a witness by the accused for being interrogated by the police, and (vii) As stated by the Public Prosecutor...officer even when the case was being investigated. 27. What statement was made by the witness to the Police during investigation, cannot be asked as there is a statutory bar against...

...same on specious ground that he was not cited as a witness in the criminal case registered by the local police in respect of the subject accident and was unable to tell the age of the pillion rider...presented by the investigating agency rather, only the spot witnesses were required, was contradictory, since the pillion rider on the motorcycle, Rajulal Khateek, was mentioned as a witness in the charge...because he was not shown as a witness in the list of witnesses mentioned in the charge sheet filed by the police and that the said witness could not identify the age of the pillion rider, Rajulal Khateek...

...significance of this will be apparent in a moment. 19. At this point the witness invented something and then became confused and, in our opinion, tried to cover up his slip by...injuries would have proved fatal in itself. He also fells us that all three wounds could be caused by a single discharge from a gun. 4. Unfortunately, none of the shots or the bullets...apprehended. It is true they had plenty of time to think out such a defence and it is true the witness is a nephew. But the learned Sessions Judge has believed him as against Bheru Singh and has...

..., according to the witness, being kept as a bonded (bandhua) labourer by the appellant on payment of Rs. 30 per day. The witness further states that Aamlal Kisku approached the deceased for help and the latter...administration because of which the ownership of the petrol pump was got restored to the owner concerned. The witness also refers to a statement made by the deceased regarding coal theft 5 or 6 days before...doubtful and unworthy of credence. The fact that the witness is a signatory to the statement of Apurba Ghosh (PW 16), which statement was recorded by the investigating officer on 14-4-2000 at about...