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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Shakti Singh Son Of Late Shri Jainarayan – Appellant
Versus
Raj W/o Mahendra Lal – Respondent
| Table of Content |
|---|
| 1. court's observations on procedural lapses in revenue courts. (Para 14 , 16 , 18 , 28) |
| 2. court's ruling on the necessity of cross-examination. (Para 17 , 19) |
| 3. final decision and directions for future proceedings. (Para 20 , 21 , 35) |
Order :
ANOOP KUMAR DHAND, J.
“Cross-examination is the greatest legal engine ever invented for the discovery of truth.”
-John Henry Wigmore
Every person in India has the right to a fair trial. This is a fundamental right enshrined under Article 21 of the Constitution of India. This, in essence, is what makes cross- examination important. Cross-examination is a fundamental component of the legal process and plays a pivotal role in the Indian Legal System.
Cross-examination allows the rival party to the litigation to thoroughly analyze and challenge the evidence brought forward by the other side’s witness. Cross-examination is a statutory right and denying the opportunity for cross- examination might violate the fundamental right to a fair trial. Cross-examination seeks out the truth. Separation of lies from the truth is essential during cross-examination. Instant case is one of the glaring example of its own kind where without affording any
Denial of cross-examination violates the fundamental right to a fair trial under Article 21 of the Constitution.
The right to cross-examine in tax proceedings is context-dependent, and denial does not constitute a breach of natural justice if sufficient opportunity to contest the findings is provided.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226, but revenue courts' orders can be challenged under Article 227.
Breach of principles of natural justice and defiance of fundamental principles of judicial procedure falls within exceptions noticed by Supreme Court in the above decision, wherein availability of an....
Denial of cross-examination in adjudication violates the principles of natural justice and fair play, warranting the quashing of the resultant order.
The principles of natural justice, including the right to cross-examine witnesses, must be observed in adjudication proceedings under the CGST Act, 2017, rendering any violation void.
The interest of substantial justice should prevail over procedural law when there is a conflict between the two.
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
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