Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Sources emphasize targeted questions on contracts, extras, defects, documents, and samples in construction cases, with cross-examination testing credibility; judges can intervene for clarity but must avoid compelling privileged answers. No exhaustive list provided, but derive from disputes: focus on specifics like plans, samples, and compliance for effective testimony ["Vincent VS S. Remadeviamma - Consumer"] ["K V Jacob vs The Divisional manager,New India Assurance Co Ltd, - Consumer State"] ["Nayak Parmar Associates VS Prakash M. Sanghvi - Consumer"] ["Lior Avi Ben Moyal VS Narcotics Control Bureau, Chandigarh - Punjab and Haryana"] ["Natvarlal Amarshibhai Devani VS State Of Gujarat - Gujarat"].
Construction disputes, particularly those involving defects, delays, and scope changes, often hinge on witness testimony. Whether you're a contractor defending against negligence claims or a client seeking rectification, knowing sample questions to ask witnesses in construction disputes can make or may not make the difference in trial outcomes. In Malaysian jurisprudence, effective cross-examination targets specific evidence like inspection timing, certificates, and roles, avoiding broad inquiries that courts may dismiss as burdensome.
This post draws from relevant case documents to provide practical examples, helping you prepare for cross-examining inspectors, contractors, or subcontractors. Note: This is general information based on case analyses and not specific legal advice. Consult a qualified lawyer for your situation.
Malaysian courts emphasize evidence-based probing in defect litigation. For instance, post-completion inspections alone are generally inadequate to prove negligence, as defects must be supported by contemporaneous records [
#ConstructionLaw, #WitnessCrossExam, #DefectDisputes
From the record I have not been able to discern the reasons for exercise of this judicial discretion allowing the Prosecutor to ask questions by way of cross-examination from this prosecution witness. ... 5. ... Furthermore, it is not merely on the basis of small or insignificant omission that the witness may have made before the earlier authorities that the party calling the witness can ask the Court to exercise its discretion. ... The testimony of this witness clearly casts a doubt w....
It was because of the disputes regarding the rates of the additional works, that the disputes had arisen between the complainant and opposite party. ... The complainant being a person who had undergone a heart surgery she had insisted on the construction being proceeded with only minimum noise and dust. The complainant also used to ask the opposite party to do additional works, from time to time. ... Therefore, the District Commission has observed in its order that though the complainant had mounted in the witn....
Instead, the Magistrate chose to ask hard-hitting questions from ‘N’ __________that whether she understands the meaning of word “truth” and what is the difference between truth and lie. Quite obviously, ‘N’ was unable to answer said questions. ... ... For example, young children usually have an easier time answering multiple-choice questions, such as "If I said my hair is brown, is that the truth or a lie?" In fact, it is quite common for interviewers or legal professionals to ask several of these basi....
These are some of the questions which we are compelled to ask ourselves in this appeal on account of the manner in which the judge who tried the case put questions to some of the witnesses. ... 2. ... The questions of law falling for my consideration are framed as under: ... (1) Whether calling upon the accused to lend his voice sample tantamounts “to be a witness against himself”? ... Therefore, under Section 165 of the Evidence Act, the Court has a right to ask the ....
Then he was asked about the presence of the witness and the witness signing on the labels of the sample bottles and the accused has replied in the affirmative. ... The accused examined as his witness, Gopinath (D.W. 1), who stated that he had gone to the accused on the date on which the sample was taken by witness Kumar. At that time the other Inspector had also gone to the accused. When the sample was taken, the accused was in his office. ... Hence it is clear that t....
As is apparent, the defence wants to ask these questions to shake the credit of the witness by injuring his character and in the process wishes to impeach the credit of the witness. Such line of questioning during cross-examination is regulated by Sections 146 and 155 of the Evidence Act. ... As per the Section, the cross-examining party is entitled to question a witness in addition to other questions, such questions which tend to test the veracity of a witn....
Then he was asked about the presence of the witness and the witness signing on the labels of the sample bottles and the accused has replied in the affirmative. ... The accused examined as his witness. Gopinath ( D. W. I). who stated that he had gone to the accused on the date on which the sample was taken by witness Kumar. At that time the other Inspector had also gone to the accused. When the sample was taken the accused was in his office. ... C. was in answer to the....
Judge’s Power to put questions or order production. ... , and duly proved : ... Provided also that this section shall not authorize any judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131,both inclusive,if the questions ... were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to #HL_STAR....
We are not in a position to accept the evidence of Dw2 and expert witness cited by the complainant. We consider, he is not an independent witness. He had no suggestion to take sample of the concrete for the test. ... He submitted that as per the version of the witness Pw2 (expert witness) it is proved that the construction of the house done by the complainant promptly and accordance with the standard norms. ... What is harm to ask the complainant to produce at....
, Banaskantha urging that the Hon’ble Judge has forbidden the petitioner to ask certain relevant questions during the cross-examination of the said witness and therefore, prayer is made to direct the learned Trial Court to recall the witness no.16 so as to enable the petitioner to further cross-examine ... the said witness and further subsequent questions which may arise subject to the answers of the depositions of the said witness to the said question. ... Patel, the....
The answers depends on what questions put to the witness. So, we do not see any material discrepancy so as to totally disbelieve the testimony of Pw.1 or Pw.8. Admittedly, Pw.8, seen the incident from 10 to 15 metres and, therefore, naturally, he would not be able to say whether there was a knife or it was kitchen knife or whether rod was having spiral lining or plain what was the make of hockey stick etc. For that reason, disbelieving total evidence of Pw.1 and Pw.8, is unjustified.
So, we do not see any material discrepancy so as to totally disbelieve the testimony of Pw.1 or Pw.8. The answers depends on what questions put to the witness. For that reason, disbelieving total evidence of Pw.1 and Pw.8, is unjustified. Admittedly, Pw.8, seen the incident from 10 to 15 metres and, therefore, naturally, he would not be able to say whether there was a knife or it was kitchen knife or whether rod was having spiral lining or plain what was the make of hockey stick etc.
However, the Court must be satisfied that the witness is capable to understand the questions put to him/her and can respond the questions giving rational answers. For doing so, it is not essential to ask the witness questions outside subject matter first. Here, admittedly, PW 3 is the eldest child of PW 1. If the Court asks questions in connection with determining the subject matter and is satisfied that the witness understands the questions correctly and answers the questions rationally, may the witness be a child or old or sick, recording evidence of the witness by the Co....
(a) To produce evidence, oral or documentary, with leave of the Court and/or to seek directions for production of such evidence (d) To be heard in respect of the grant or cancellation of bail (b) To ask questions to the witnesses or to suggest to the Court questions which may be put to witnesses (c) To know the status of investigation and to move the Court to issue directions for further investigation on certain matters or to a supervisory officer to ensure effective and proper investigation to assist in the search for truth.
The witness admitted that in this Entry, it is mentioned that Sri Motom Debbarma had introduced himself as Judicial Magistrate. This Court put certain questions to the witness and it would be appropriate to refer to the said questions and answers:- In the police report it is clearly stated that Sri Motom Debbarma had disclosed that he was a Judicial Magistrate and thereafter he was arrested.
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