Re-Examination :
According to Section 137, para 3 of the India evidence Act 1827 :The examination of a witness, subsequent to the cross examination by the party who called him , shall be called his re-examination.
According to Section 137, para 3 of the India evidence Act 1827 :The examination of a witness, subsequent to the cross examination by the party who called him , shall be called his re-examination.
Purpose / Object of re-examination :
The purpose / object of re-examination is to afford to the party calling a witness an opportunity of filing in lacuna or explaining the consistencies which the cross-examination has observed. in the examination-in-chief of the witness. It is accordingly confined to the explanation of matter refereed to in cross-examination. It should not introduce any new matter unless the court permits; and if such permission is given, the adverse party may further cross examine upon that matter.
The purpose / object of re-examination is to afford to the party calling a witness an opportunity of filing in lacuna or explaining the consistencies which the cross-examination has observed. in the examination-in-chief of the witness. It is accordingly confined to the explanation of matter refereed to in cross-examination. It should not introduce any new matter unless the court permits; and if such permission is given, the adverse party may further cross examine upon that matter.
Limit :
The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter
The re-examination shall be directed to the explanation of matters referred to in cross-examination, and if new matter by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter
Leading Questions should not be asked in re-examination :
According to Section 142 of the Indian Evidence Act , leading questions should not be asked in examination-in-chief or in re-examination, if they are objected by the opposite party. In case the opposite party objects, the court can decide the matter and may, in its direction either permits or disallow it.
The Court that that it shall permit leading questions as to the matters which are introductory or undisputed, or which have, in the opinion of the Court, been already sufficiently proved to the satisfaction of the court.
See also...
1) Meaning of Fact and the concept of fact in Issue
2) Expert Witness
3) Examination-in-Chief
4) Meaning of Fact and the concept of fact in Issue
According to Section 142 of the Indian Evidence Act , leading questions should not be asked in examination-in-chief or in re-examination, if they are objected by the opposite party. In case the opposite party objects, the court can decide the matter and may, in its direction either permits or disallow it.
The Court that that it shall permit leading questions as to the matters which are introductory or undisputed, or which have, in the opinion of the Court, been already sufficiently proved to the satisfaction of the court.
See also...
1) Meaning of Fact and the concept of fact in Issue
2) Expert Witness
3) Examination-in-Chief
4) Meaning of Fact and the concept of fact in Issue
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ReplyDeletefor the period of her actual absence, that is to say, the period immediately preceding the day of her delivery.