Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court
2 years, 7 months ago

Cross-Examination Cannot Encompass Questions Which Are Scandalous, Intend To Cause Humiliation To Witness: Delhi High Court

Live Law  

The Delhi High Court has observed that the cross-examination cannot encompass questions that are scandalous or intended to cause humiliation to the witness. Justice Asha Menon further observed that while there is a right to ask questions of a witness to impeach his creditworthiness, it cannot descend to harassment and humiliation of the witness.The Court added thus:"Thus, it is clear that. The cross-examination cannot encompass questions that are scandalous or intended to cause humiliation to the witness, on the plea that the questions can go beyond the examination-in-chief." The petitioner's grievance was that as per the impugned order, during the course of examination of a defence witness, the Trial Court disallowed two questions, as being irrelevant to the matter in issue.

Court Witness Delhi High Court Case Examination Questions Observed Humiliation  scandalous  crossexamination  observed  delhi  case  humiliation  order  examination  court  questions  intend  witness  encompass  high  trial

History of this topic

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court
1 month, 1 week ago

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

Live Law  

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
2 months, 3 weeks ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year, 2 months ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court
1 year, 4 months ago

Commercial Courts Can Record Cross-Examination Of Outstation Witnesses Through Video Conferencing: Delhi High Court

Live Law  

The Delhi High Court has said that commercial courts can permit recording of cross-examination of overseas or outstation witnesses, who cannot travel due to any reason, through video conferencing after following the prescribed procedure, if the reason is found to be genuine and bona fide. “This would ensure that cross-examination of witnesses is not conducted in a never ending manner …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 8 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 9 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court
2 years, 5 months ago

Witness Must Not Be Re-Summoned In Sexual Offence Cases Where Cross Examination Conducted Extensively: Delhi High Court

Live Law  

The Delhi High Court has observed that where a cross examination has been conducted extensively, it would be against the mandate of law to re-summon the witness especially in a case of sexual offence.Observing that the right to fair trial is a constitutional goal and a fundamental right of every individual, Justice Swarana Kanta Sharma said that where evidence sought …

Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC
2 years, 9 months ago

Court May Note Objections On Oral Evidence During Trial, Admissibility To Be Decided While Pronouncing Verdict & Not At Time Of Examination: Delhi HC

Live Law  

The Delhi High Court has observed that the question whether the evidence is to be included or excluded from consideration while pronouncing the final verdict is to be taken at the end and not at the time of examination.Justice Jasmeet Singh added that where the Court finds that any question put by the defense is inadmissible or not relevant, it …

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court
2 years, 9 months ago

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court

Live Law  

The Delhi High Court has observed that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-examination and fill in the lacunae in evidence.Justice Amit Bansal was dealing with a suit filed seeking to injunct the defendants, who were occupants, from unlawfully entering any part of the first floor …

Art Of Cross-examination : Basic Canons
4 years, 10 months ago

Art Of Cross-examination : Basic Canons

Live Law  

Introduction : The law of evidence is a system of rules for ascertaining controverted questions of fact in a judicial investigation of the dispute before the Court. Primarily, statements made by a witness in their Evidence by way of Affidavit or in examination-in-chief, along with exhibited documents, are the basis for every cross-examination, in all types of cases, i.e. At …

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]
6 years, 4 months ago

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]

Live Law  

‘While deciding an Application under Section 231 of the Cr.P.C., a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence’The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’.While setting aside a Kerala. ‘While …

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]
6 years, 4 months ago

Breaking: SC Issues Directions On Examination Of Witnesses In Criminal Trial [Read Judgment]

Live Law  

‘While deciding an Application under Section 231 of the Cr.P.C., a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence’The Supreme Court, on Tuesday, listed out ‘practical guidelines’ to be followed by trial courts in the conduct of a criminal trial, ‘as far as possible’.While setting aside a Kerala. ‘While …

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]
6 years, 9 months ago

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently cautioned Family Courts against closing the "valuable" right to file a written statement or to lead evidence or to cross-examine any witness in undue haste.Justice J.R. Midha highlighted the importance as well as difficulty in ascertaining the truth in matrimonial litigations, and observed, "This Court is of the view that it is the duty of …

Delhi HC tells Arvind Kejriwal not to put scandalous questions to Arun Jaitley
7 years, 7 months ago

Delhi HC tells Arvind Kejriwal not to put scandalous questions to Arun Jaitley

Live Mint  

New Delhi: The Delhi High Court on Wednesday directed Arvind Kejriwal not to put “scandalous” questions to Union Minister Arun Jaitley during his cross-examination in a defamation suit filed against the chief minister and five other AAP leaders. Justice Manmohan further said the chief minister should conduct cross-examination of the senior BJP leader in a dignified manner and in accordance …

Discover Related