Back
SUBHASIS DASGUPTA
Kalpana Rudra Pal – Appellant
Versus
Colonel Pranesh Rudra Pal – Respondent
Understood. Please provide the legal document content (inside
JUDGMENT :
SUBHASIS DASGUPTA, J.
1. Closure of the evidence of P.W.1 upon rejecting the prayer for adjournment of defendant/petitioner is assailed in this case.
2. Mr. Chakraborty, learned advocate appearing for the petitioner submits that there would be a serious consequence ensued, and that will lead deprivation of valuable rights of the petitioner to cross-examine the plaintiff’s witness before a court of law.
3. It is thus submitted by Mr. Chakraborty that there may be some misconduct on the part of the petitioner/defendant to cross-examine the plaintiff’s witness on the date already scheduled by the court below, but that should not be critically viewed in such a way resulting in gross injustice to petitioiner/defendant.
4. Reliance is placed on a decision by Mr. Chakraborty reported in 2022 (3) Indian Civil Cases 420 (Cal.) delivered in the case of Mirmala Debi Choubey and Others vs. Pranab Kumar Banerjee and Others to submit that an opportunity should be granted to the petitioner so that there may be effective cross-examination of the plaintiff’s witness to unfold the controversy surfaced at the moment requiring a decision to be returned by the court below.
5. Mr. Kushal Chatterjee
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
Recall of witness – Paramount requirement is just decision and for that purpose essentiality of a person to be recalled and re-examined has to be ascertained.
The court upheld the importance of substantial justice over technical procedural defaults, allowing an additional opportunity for witness cross-examination to uphold fairness in litigation.
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
