SUJOY PAUL
Sumit S/O Omprakash Balecha – Appellant
Versus
Priya W/O Sumit Balecha – Respondent
| Table of Content |
|---|
| 1. cross-examination limitations noted. (Para 2 , 3) |
| 2. petitioner argues for cross-examination rights. (Para 4 , 5) |
| 3. respondent's defense of court's decisions. (Para 6 , 7) |
| 4. court analyzes statutory provisions. (Para 9 , 10 , 11 , 12 , 13) |
| 5. petition disposed with direction. (Para 14) |
ORDER :
Sujoy Paul, J.
With the consent, finally heard.
2. In this petition filed under section 227 of the Constitution, the parties are at loggerheads on two aspects. In an application filed by respondent/wife under section 13 of the HINDU MARRIAGE ACT , 1955 during cross-examination of the wife, the petitioner/husband drew attention of the wife on Exh.D/5, a prescription/medical document, on which the wife responded that she has no relation with this document. The Court below put a note below para 31 of the cross-examination and opined that the said document cannot be used for cross-examination. The petitioner before his examination-in-chief may file the said medical document in accordance with law and then can mark it as an exhibit.
3. The parties are at loggerheads on yet another note, which is appended under second question of para 54. The first question in this para was whether th
The court ruled that documents intended for cross-examination can be permitted under Rule 1-A of the Civil Procedure Code, clarifying restrictions imposed by the lower court were not legally justifie....
A party cannot introduce documents for cross-examination without prior pleading, and electronic evidence must meet admissibility criteria under Section 65B of the Evidence Act.
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A person summoned to produce a document under Sec. 65-B of the Evidence Act does not become a witness and cannot be cross examined unless and until called as a witness.
The right to cross-examine summoned witnesses is circumscribed when the availability of defense is limited, and further cross-examination beyond the scope of the suit or record is impermissible.
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
A party to a suit cannot be equated with a witness.
Under Section 138 of the Evidence Act, which confers a valuable right of cross-examination of a witness and documents tendered in evidence by opposite party and the enlarged scope under Section 146 o....
The right to cross-examine a witness is confined to a party with adverse interest as per the provisions of the Indian Evidence Act, and this principle applies even in a suit for partition where all p....
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