AI Overview...
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Leading Questions in Examination-in-Chief - Generally, leading questions are not permissible during examination-in-chief unless permitted by the court. Objections to leading questions should not disrupt the trial, and courts have clarified that such questions are typically disallowed unless specific conditions are met Thameem Ansari S/o Abdul Rahman vs State - Madras, SHRIKANT MANTRI VS SAVITRI DEVI MANTRI - Calcutta, Abdul Aziz Lokhandwala VS Nasir Ali - Current Civil Cases.
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Exceptions and Permissibility - In certain cases, questions that are not strictly leading or are framed as affidavits or statements in lieu of examination-in-chief may be permitted, especially when the witness or complainant offers a statement in a form other than direct questioning. For example, affidavits tendered in place of examination-in-chief may be accepted, provided they are not in question-answer format Abdul Aziz Lokhandwala VS Nasir Ali - Bombay, Abdul Aziz Lokhandwala VS Nasir Ali - Crimes, DHAVAL GOPALBHAI DOBARIYA VS STATE OF GUJARAT - Gujarat.
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Court's Role - The court has the authority to permit certain questions during examination-in-chief, including expert questions or clarifications, and to prevent improper leading questions without permission. Orders allowing leading questions without court approval have been challenged and set aside Namala alias Bhangadabhai Hatiyabhai Nayaka VS State of Gujarat - Gujarat, Kallettumkara Service Co-operative Bank vs CKL Nidhi Limited - Kerala.
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Re-examination - Permissible to clarify ambiguities or explain matters arising from cross-examination, but not to introduce new facts or evidence SHRIKANT MANTRI VS SAVITRI DEVI MANTRI - Calcutta.
Analysis and Conclusion:
In principle, asking leading questions during examination-in-chief is generally impermissible unless explicitly permitted by the court. Courts emphasize that objections to leading questions should not hinder trial progress, and proper procedure involves court approval for such questions. Exceptions exist when affidavits or statements are used in lieu of direct examination, provided they are not in question-answer form. Overall, the court's discretion and adherence to procedural guidelines are crucial in determining the permissibility of leading questions during examination-in-chief.
Search Results for "Can Lading Question can be Asked in Examination in Chief are Permissible Court"
2018 0 Supreme(All) 334 • India - Allahabad
RAJESH SINGH CHAUHAN
prescribed in guidelines and proper number of questions not asked in paper of language—To restore confidence and faith in examination ... /answers—Examination not conducted strictly as per guidelines—Questions were wrong and some were out of syllabus as per syllabus ... Act, 2009—Section 23—Teacher Eligibility Test—Maintainability of writ petition—Locus standi—Unsuccessful candidates—Recruitment—Examination—If ... In view of the above, it was not permissible for the H....
2024 Supreme(Online)(MAD) 42157 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, M.JOTHIRAMAN
questions during witness examination - It was held that leading questions must not be asked if objected to during examination-in-chief ... ... ... Ratio Decidendi: The Court ruled that objections should not disrupt trial flow and that leading questions are permissible ... The prosecution alleged leading questions were asked, but the trial #HL....
2010 0 Supreme(Bom) 12 • India - Bombay
P.B.MAJMUDAR, R.G.KETKAR
questions, as the complainant in not offering himself for examination-in-chief instead, in lieu of examination-in-chief, he has tendered ... affidavit which is permissible under Section 145 of the Act. ... Act is ultra vires of Article 21 of Constitution of India, in trial complainants even in absence of examination-in-chief complainants ... So far as factual facts of the present case is concerned, as we pointed out earlier, there is no que....
2015 0 Supreme(Guj) 208 • India - Gujarat
J.B.PARDIWALA
question to be put in the examination in chief, even if, objected too with the permission of the court - In the case of a witness ... question to doctor as an expert witness in his examination in Chief - Allowed - Challenged - If victim is in menstruation and of ... asked to an expert -Held, Such question cannot be said to be a leading question - Every single leading qu....
2019 0 Supreme(Guj) 446 • India - Gujarat
B.N.KARIA, A.P.THAKER
the Court, ask the leading question which could be asked in the cross-examination to its own witness. ... , the Court is required to read the entire evidence in toto which includes chief-examination, cross-examination and re-examination ... regarding the case of the prosecution which she has narrated in her chief-examination, the trial court has, while appreciat....
2015 0 Supreme(Cal) 373 • India - Calcutta
SOUMEN SEN
Re-examination is permissible to explain matters arising from cross-examination, including evidence of new facts, but new matters ... - CLARIFICATION OF AMBIGUITIES - RELEVANCE OF DOCUMENTS - PERMISSIBLE QUESTIONS. ... Whether re-examination of the witness was permissible to clarify ambiguities and introduce new evidence. 2. ... Where, however, questions asked in cross-examination let in evidence which would not ha....
• India - Crimes
P.B.MAJMUDAR, R.G.KETKAR
Act— Contention of petitioners, that at the time of trial, in lieu of the examination in chief, the original complainants had tendered ... Even otherwise, there is no question of putting any leading questions as the affidavit is not in the form of question and answer. ... of putting any leading questions as the affidavit is not in the form of question and answer—In a given case, the accused can object ... So far as factual facts of....
2022 Supreme(Online)(KER) 11175 • India - High Court of Kerala
A. BADHARUDEEN, J
The court found these orders improper as leading questions should not be asked without the court's permission as stipulated by Sections ... The original petitions challenge the orders of the Munsiff Court allowing leading questions to witnesses. ... impugned orders were set aside, allowing the petitioners to invoke relevant provisions at the appropriate time during the witness examination ... Section 142 of the Evidence Act deals with the situation w....
• India - Dishonour Of Cheque
P.B.MAJMUDAR, R.G.KETKAR
.- Contention of petitioners, that at the time of trial, in lieu of the examination in chief, the original complainants had tendered ... Even otherwise, there is no question of putting any leading questions as the affidavit is not in the form of question and answer. ... of putting any leading questions as the affidavit is not in the form of question and answer- In a given case, the accused can object ... So far as factual facts of t....
• India - Current Civil Cases
P.B.MAJUMDAR, R.G.KETKAR
Act— Contention of petitioners, that at the time of trial, in lieu of the examination in chief, the original complainants had tendered ... Even otherwise, there is no question of putting any leading questions as the affidavit is not in the form of question and answer. ... of putting any leading questions as the affidavit is not in the form of question and answer—In a given case, the accused can object ... So far as factual facts of....
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