AI Overview...
- Party Cannot be Compelled to Examine All Witnesses on the Same Day
Main points and insights: - Parties have the full liberty and choice to examine or not examine witnesses; no party can be forced to examine specific witnesses or all witnesses on the same day (Source Kawadu VS Suresh - Bombay).
- The examination of witnesses is at the discretion of the parties, and courts cannot compel the examination of witnesses beyond the parties' will or schedule (Source R. Selvan VS State through The Inspector of Police, Vigilance and Anti Corruption - Madras, PUSHPABEN CHAMPAKLAL SHAH (LOKHANDWALA) VS RIKHAVDEV TIRTHRAM SHARMA - Gujarat).
- The court's role is to facilitate the examination process, but it cannot impose a deadline that requires all witnesses to be examined in one day, especially if it causes prejudice or delays (Sources Lalu Alam VS State of West Bengal - Crimes, Prema Ranjit VS D. A. R. Sarma - Andhra Pradesh, S. K. Subramaniam VS N. S. Krishnamachari - Madras).
- Deferring witness examination or allowing separate examination days is permissible, provided it does not prejudice the parties’ rights (Sources Lalu Alam VS State of West Bengal - Crimes, Prema Ranjit VS D. A. R. Sarma - Andhra Pradesh).
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Cross-examination should not be deferred unnecessarily, and witnesses should be given adequate opportunity to be examined or cross-examined without undue delay (Sources Ambika Prasadetc VS State (Delhi Administration, Delhi) - Crimes, Ambika Prasad VS State (Delhi Administration) - Supreme Court).
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Analysis and Conclusion
Courts cannot compel parties to examine all witnesses on the same day, respecting the parties' autonomy in scheduling and conducting witness examinations. The legal framework emphasizes flexibility, allowing witnesses to be examined over multiple days to prevent prejudice and ensure fair trial procedures (Sources Kawadu VS Suresh - Bombay, R. Selvan VS State through The Inspector of Police, Vigilance and Anti Corruption - Madras, Lalu Alam VS State of West Bengal - Crimes). This approach upholds the principles of fair trial rights and prevents undue coercion or prejudice against any party.
Search Results for "Party Cannot be Compelled to Examine all Witness on the same Day"
2009 0 Supreme(Bom) 548 • India - Bombay
C.L.PANGARKAR
as to number of witnesses to be examined in Court-No party can be compelled to examine any particular witness or any particular ... examine any witness despite the fact that such witness has been named in list of witnesses-Similarly, party has a choice to decide ... Civil Procedure Code, 1908-Order 18, Rule 4-Examination of witnesses-Any parties has full liberty and choice to examine or not to ... He submits that t....
2001 0 Supreme(Ker) 363 • India - Kerala
N.KRISHNAN NAIR
evidence - Person to be a witness against himself. - As a matter of right a party cannot have opposite party examined as a witness ... As per proviso to sub of S. 243 when accused had opportunity to cross-examine a witness attendance of such witness shall not be compelled ... - As per proviso to sub-s. (2) of when accused had opportunity to cross-examine a witness attendance of s....
2017 0 Supreme(Mad) 170 • India - Madras
A.M.BASHEER AHAMED
examine or cross-examine witnesses, court may if thinks fit, record statement of witnesses and pass such orders as it thinks fit ... be compelled to disclose his defence during cross-examination of one among said witnesses, when other witnesses are not produced ... prosecution - Counsel for revision petitioner contends that, when a set of witnesses are cited to speak about same facts, accused cannot ... It is further stated that where a witness is present in Court, but a party or his p....
2002 0 Supreme(AP) 976 • India - Andhra Pradesh
D.S.R.VERMA
alone has got jurisdiction to examine witness - Parties can put questions to witness examined by court only by way of suggestions ... witness - Court has power or duty to examine any person orally in order to elucidate matters in controversy - Court ... ... Even if person is examined under Or10, Rules 2 & 4 that cannot ... In other words the parties can put questions to the witness examined#HL_END....
• India - Crimes
PRADIP KUMAR BISWAS
until other witness is examined but accused can not have a right to ask for deferring witness — Petitioner found not to be prejudiced ... if witness was cross-examined before examination of other witnesses—Impugned order suffe-red no illegality. ... of witness victim until remai-ning eye-witnesses were examined-in-chief — Prayer based on plea of pre-judice as prosecution will ... Miss Banerjee after the examination-in-chief of all the above referred witnesses is compl....
2002 0 Supreme(AP) 685 • India - Andhra Pradesh
PRADIP KUMAR BISWAS
until other witness is examined but accused can not have a right to ask for deferring witness — Petitioner found not to be prejudiced ... if witness was cross-examined before examination of other witnesses—Impugned order suffe-red no illegality. ... of witness victim until remai-ning eye-witnesses were examined-in-chief — Prayer based on plea of pre-judice as prosecution will ... Miss Banerjee after the examination-in-chief of all the above referred witnesses is compl....
2000 2 Supreme 633 • India - Crimes
M.B.SHAH, G.B.PATTANAIK
Thereafter, the witness was cross-examined in the month of July, 1985. In our view, this is highly improper. ... —If independent persons are not willing to co-operate with investigation prosecution cannot be blamed and it cannot be ground for ... to day without giving chance to accused to threaten or win over witnesses—Cross examination of witness should not be deferred beyond ... The counsel representing Ambika Prasad requested the court that because of his uncle’s demise, he would n....
2000 2 Supreme 633 • India - Supreme Court
M.B.SHAH, G.B.PATTANAIK
Thereafter, the witness was cross-examined in the month of July, 1985. In our view, this is highly improper. ... -If independent persons are not willing to co-operate with investigation prosecution cannot be blamed and it cannot be ground for ... to day without giving chance to accused to threaten or win over witnesses-Cross examination of witness should not be deferred beyond ... The counsel representing Ambika Prasad requested the court that because of his uncle s demise, he would no....
1970 0 Supreme(Mad) 314 • India - Madras
G.RAMANUJAM
Civil Procedure Code (V of 1908), Order 16, rule 19 and Order 26, rule 4 - Issue of Commission to examine parties and witnesses. ... But when the statute provides that a witness cannot be compelled to appear in Court when he resides beyond 200 miles the Court cannot insist that he must be examined in Court on the ground that the demeanour of the witnesses has to be noted. ... .- ... The lower Court in this case has refused to issue a commission for the examination of two of the petiti....
2005 0 Supreme(Guj) 687 • India - Gujarat
C.K.BUCH
out - So both parties can examine contesting party or witness but this being a private litigation a civil dispute between two parties ... can be tendered in evidence –Held, Considered contents of power of attorney and there are not contents as to why plaintiff was compelled ... Court decided to grant permission to defendants to examine both plaintiffs as their witnesses - Here it would be beneficial to refer ... Brij Bihari Singh (AIR 1993 Patna 122) it was held that a party ....
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