The document discusses the examination of witnesses in criminal trials under Indian evidence law. It explains that witness testimony is examined through examination-in-chief by the party calling the witness, cross-examination by the adverse party, and possible re-examination for clarification. Cross-examination seeks to test witness credibility and elicit favorable facts. A person producing a document is not themselves a witness subject to cross-examination.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
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You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
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The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
Evidential issues are questions of law. By ruling on motions and objections, the judge determines what evidence may be presented to and considered by the jury. Judges apply the rules of evidence to determine whether to admit or exclude physical evidence, oral testimony, and exhibits. Once admitted, the jury decides how much weight to afford the evidence.
The rules of evidence permit only that which is deemed relevant and trustworthy to be received by the jury.
This presentation will provide you with a comprehensive review of the rules of evidence that come up most frequently. With memorable hypotheticals to trigger fast recall, you'll be able to think fast on your feet and use the rules to your advantage, both before and during trial.
Test Identification Parade & Dying Declaration.pptxsrikarna235
Test identification parade - Procedure - Identification by photo,, property - Evidentiary value - Exception - Case Laws; Dying Declaration - How to record - Evidentiary value - Relevancy - Exceptions - Case Laws - Sentencing Procedure - Case Study
when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. Examination of Witness
• The examination of witnesses is an integral part of a criminal
trial. Witness testimonies are one of the most reliable
evidence because the person giving the statements has
personally witnessed the event happen.
• Examination of a witness is asking the witness questions
regarding relevant facts in the case and recording the
statements of witnesses as evidence.
3.
4. • Section 137
• Examination-in-chief The examination of a witness, by the
party who calls him, shall be called his examination-in-chief.
• Cross-examination The examination of a witness by the
adverse party shall be called his cross-examination.
• Re-examination The examination of a witness, subsequent
to the cross-examination by the party who called him, shall
be called his re-examination.
Section 138. Order of examinations
• Witnesses shall be first examined-in-chief then (if the
adverse party so desires) cross-examined, then (if the party
calling him so desires) re-examined.
5.
6. • Badhna kharia v State of Assam 1999 Cr Lj 1412
• The evidence produced through the successive examination has to
be taken as a whole and not that one portion can be taken in by
ignoring the others.
Tej Prakash v. State of Haryana 2000 SCC 322
• Where a witness was not examined in the examination-in-chief,
tendering him for cross-examination is not permissible.
• A defendant having no confliction interest which the plaintiff
cannot be permitted to cross-examine the plaintiff.
• Patrosh Gosh v Ashim Kumar Gupta AIR 2003 NOC 141
• Where a witness was examined-in-chief but he did not make
himself available for cross-examination, the court said that his
evidence had lost all credibility .
7. • Section 137.Cross-examination The examination of a
witness by the adverse party shall be called his cross-
examination.
• Sec.143 Leading questions may be asked in cross
examination.
• The main purpose of cross-examination are
to elicit favorable facts from witness, or
To impeach the credibility of the testifying witness,
To lessen the weight of unfavorable testimony and
To weaken the evidentiary value of his or her
evidence
8. • General Rule :
• Sharadamana v Kenchamma AIR 2007 Kar 17
• The testimony of a witness is not legal evidence unless it is subject to
cross-examination.
• Hardeep Singh v State of Punjab, (2014) 3 SCC 92
• No evidence affecting a party is admissible against that party unless
the latter has had an opportunity of testing its truthfulness by cross-
examination.
Admissibility of the evidence where cross examination could not
be finished
Maharaja of Kolhapur v S Sunderam Ayyar AIR 1988 MAD 497
The court held that where a witness was examined-in-chief and there
was hardly any cross-examination & before it could be concluded, the
9. • The witness died and the unfinished testimony of the
deceased witness was not rejected or held to be inadmissible.
• Horli kumar v Rajab Ali AIR 2000 Pat 34
• The Patna court also regarded such evidence to be admissible
but to examined carefully to see whether, if cross-
examination, it would have stood or not.
• 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-examination, unless and until he is called as a witness.
10. • Section 145. Cross-examination as to previous statements in
writing
• A witness may be cross examined as to previous statements made
by him in writing or reduced into writing, and relevant to matters
in question, without such writing being shown to him, or being
proved; but, if it is intended to contradict him by the writing, his
attention must, before the writing can be proved, be called to
those parts of it which are to be used for the purpose of
contradicting him.
• A witness may be cross-examined as to previous statements made
by him in writing or reduced into writing, and relevant to matters
in question without such writing being shown or being proved.
11. • Section 146. Questions lawful in cross-examination
• When a witness is cross-examined, he may, in addition to the
questions hereinbefore referred to, be asked any questions which tend–
–
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit, by injuring his character, although the answer
to such questions might tend directly or indirectly to criminate him or
might expose or tend directly or indirectly to expose him to a penalty
or forfeiture:
• Provided that in a prosecution for an offence under section
376, 2section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB or section 376E of the
Indian Penal Code (45 of 1860) or for attempt to commit any such
offence,
12. • where the question of consent is an issue, it shall not be permissible to
adduce evidence or to put questions in the cross-examination of the
victim as to the general immoral character, or previous sexual
experience, of such victim with any person for proving such consent
or the quality of consent.
• Objective
To test his veracity - When a witness is contradicted by his previous
statement in the manner laid down in section 145 then that part of the
statement which has been put to the witness will be considered along
with the evidence to asses the worth of the witness in determining his
veracity.
To discover who he is- it is common practice to make inquiry into his
relations with the party on whose behalf he was called- business,
social and family also to enquire his feelings towards the party against
whom his testimony has given.
13. • Proviso – it totally bars the leading of the evidence about the character
of the victim or her previous sexual experience with any person on the
issue of consent given by her or the quality of consent.
• Narayanamma v State of Karnataka (2000) 5 SCC 728
• A statement made by the prosecutrix to the doctor who examined her
which was put before her during her cross examination was not
allowed to be used to contradict her.
• Section 147. When witness to be compelled to answer
• If any such question relates to a matter relevant to the suit or
proceeding, the provisions of Section 132 shall apply thereto.
• Section 132. Witness not excused from answering on ground that
answer will criminate
14. • A witness shall not be excused from answering any question
as to any matter relevant to the matter in issue in any suit or
in any civil or criminal proceeding, upon the ground that the
answer to such question will criminate, or may tend directly
or indirectly to criminate, such witness, or that it will expose,
or tend directly or indirectly to expose, such witness to a
penalty or forfeiture of any kind:
• Provided that no such answer, which a witness shall be
compelled to give, shall subject him to any arrest or
prosecution, or be proved against him in any criminal
proceeding, except a prosecution for giving false evidence by
such answer.
15. Re-examination
Re examination is also called redirect examination.
It is the trial process by which the party who offered the witness has a
chance to explain or otherwise qualify any damaging or accusing
testimony brought out by the opponent during cross-examination.
Re-examination may question only those areas brought out on the
cross-examination and may not stray beyond that boundary.
No new matters may be introduced without the leave of the court.
Leading question should not be asked.
Yeak Chei Chai v. Gan Bee AIR (1984) 1 MLJ 305
Re-examination only arises if there was cross examination, in this case
there was no cross-examination. Therefore it follows that there should
have no re-examination.