Confronting Witnesses with Documents During Cross-Examination: A Legal Guide

2025 0 Supreme(Kar) 153

th Edition, Lexis Nexis at page 138 states as under: “When Witness may not be Cross- Examined- (1) A witness summoned merely to produce a document (post s.139); (2) a witness sworn by mistake (ante and post s.139); or (3) a witness whose examination ... All parties probably have the right to cross-examine witnesses not called by them, whether or not th....

Thereafter the 1st defendant gave evidence and also called two witnesses Podinona and Jayasena, who is the brother of the plaintiff and the 1st defendant. When Jayasena was under cross - examination, the counsel for the plaintiff sought to mark the document "P10" through the witness. ... When a witness for the defendant was under cross examination, the plaintiff sought to mark a ce....

2023 0 Supreme(UK) 339

Exhibiting or Showing Documents to Witness or Accused at a Remote Point If in the course of examination of a person at a Remote Point by video conferencing, it is necessary to show a document to the person, the Court may permit the document to be shown in the following manner: 9.1 ... examine the witness through video conferencing, it cannot be said to be faulted of under law, as the same stands supported....

2024 0 Supreme(P&H) 240

By way of the impugned order, the learned trial Court has dismissed the application in question by holding that the witness had appeared in Court for cross- examination on 23.10.2023 but she was not cross-examined by the defence counsel despite the case having called several times; no oral or written ... of any document, except in the cases hereinbefore excepted.” ... 8.2 The right to cross#HL_....

2024 0 Supreme(MP) 409

The court below rejected the petitioner's application vide impugned order dated 17.10.2023 with the reason that affidavit has not been filed by the plaintiff/respondent by the order of court, therefore, plaintiff cannot be called in the dock as witness. ... Nirmala and another, 2015 (3) MPLJ 564 to submit that affidavit as document cannot be used in evidence. He further relied upon contents of judgment re....

In order to prove a deed signed by means of a cross or mark, if no attesting witness can be found, it must be proved that the attestation of one attesting Witness at least is in his handwriting, and that the mark of the person executing the document was made by him on the document ... In the present case it may be assumed that it has been proved that the signature of one attesting witness....

2023 0 Supreme(Del) 1718

This possibly cannot be the intent of the legislature while granting the right to cross-examine a witness to conduct cross-examination on speculative documents, which are yet to be determined as to whether they are admissible or inadmissible in law. ... Learned counsel further submits that the cross-examination, if any, on the basis of the photocopies is obviously subject to the production of the original....

2023 0 Supreme(Kar) 97

The first witness for the purpose of further cross-examination and witnesses 2 and 3 for cross-examination. ... This comes to be allowed and the matter was posted for cross-examination of P.Ws.1 to 3 on 29.03.2021. Later, they file another application seeking recall of witness 1 to 3 for the purpose of cross-examination. ... Therefore, there cannot be a case where the p....

2024 0 Supreme(Mad) 309

When Court is of the opinion that the 7th respondent need not be called, especially when the documents were already marked, the petitioners cannot insist that the opposite party shall be called just to enable them to cross examine him with regard to the documents already marked. ... However, the petitioners cannot insist that the 7th respondent must enter box and subject himself for cross#HL_END....

2024 0 Supreme(Guj) 821

Therefore, he has submitted that accordingly when it is found necessary, the application is filed to cross-examine the plaintiff and the same is allowed by giving cogent and convincing reasons by the trial Court and therefore, no interference is called for. ... of sale deed is bogus, and therefore, it is not for the first time on the examination-in-chief that a new case has been put forth by the respondent no. 1 which requires to be met with prior to #HL_STA....

2021 0 Supreme(Bom) 1734

-A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness." Sec. 139 Cross-examination of person called to produce a document.

2020 0 Supreme(P&H) 976

7. May it be remembered that the officials summoned to produce a document or record by dealing hands are estopped from deposing in court as to the contents of public documents by the prohibition contained in Section 139 of the Indian Evidence Act, 1872 and they cannot be cross-examined unless called as a witnesses. These exhibits are in the same status and are no more than Annexures in a service law writ petition, which are signed and authenticated by parties or by their advocates presenting t....

2016 0 Supreme(Guj) 2161

140 : Witnesses to character Witnesses to character may be cross-examined and reexamined. SECTION 139: Cross-examination of person called to produce a document A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. The reexamination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the....

2015 0 Supreme(Guj) 208

Direction of re-examination.-The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter. 140 : Witnesses to character Witnesses to character may be cross-examined and reexamined. SECTION 139 : Cross-examination of person called to produce a document A person summoned to produce a document does not becom....

2008 0 Supreme(AP) 755

A person summoned to produce the document cannot be cross-examined unless and until he is called as a witness. Order 16 Rule 6 of the Code deals with summons to produce documents and the said provision specifies "any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to pro....