What is the procedure required to be followed during hearing of the suit and examination of witnesses explain?

(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (3) The party beginning may then reply generally on the whole case.

What are the rules of examination of witnesses?

Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court.

Does all evidence have to be presented before a case?

Not really. Prosecutors can’t disclose all discovery on the eve of trial, but on the other hand, they don’t have to divulge it all way ahead of time.

What are grounds for rejection of application under section 311 of Cr PC?

A witness cannot be recalled u/s 311 CrPC merely because of incompetence or change of counsel : A witness cannot be recalled u/s 311 CrPC merely because of incompetence or change of counsel. See : State NCT of Delhi Vs.

What questions Cannot be asked in examination in chief?

Difference between examination in chief, cross examination, re examination

When can prosecution be asked leading question to its own witness?

Leading questions can only be asked during cross-examination and not during examination-in-chief or re-examination unless and until the court allows.

What do you mean by charge under Cr PC?

In simple terms, charge means informing the accused person of the grounds on which the accused is charged. A charge is defined under Section 2(b) of the Criminal Procedure Code, 1973 which states, the charge includes any head of the charge when the charge contains more than one head.

Can a witness be excused from answering on the ground that answer will incriminate?

Under S. 132 a witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any criminal proceeding (among others) upon the ground that the answer to such question will incriminate or may tend directly or indirectly to expose him to a penalty or forfeiture of any kind.

Can we examine three witnesses under Section 311 CrPC?

The appellant preferred an application under Section 311 Cr.P.C. on 5.3.2013 for permission to examine three witnesses. The said application was dismissed by the Trial Court vide order dated 16.3.2013, against which the Criminal Misc. petition filed by the appellant was also dismissed by the High Court, by way of impugned order dated 8.4.2013.

What is Section 311 of the Code of Criminal Procedure?

In the Code of Criminal Procedure Section 311 empowers the court to summon a material witness, or to examine a person present at “any stage” of “any enquiry”, or “trial”, or “any other proceedings” under Crpc, or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence appears to it.

What is the scope of Section 311 of the IPC?

In Mohanlal Shamji Soni v. Union of India & Anr., AIR 1991 SC 1346, this Court examined the scope of Section 311 Cr.P.C., and held that it is a cardinal rule of the law of evidence, that the best available evidence must be brought before the court to prove a fact, or a point in issue.

What happens at the end of examination of witnesses?

During the examination of a witness when the witness gives the statement under oath, the statement of the witness must be relevant to the case. At the end of the examination of witnesses, the Judge of the court decides the relevancy of the testimony of the witness and admit the statement of the witnesses.