filed in chief examination and it is coming for
cross examination of PW.1 from 01.09.2016 where chief affidavit
was taken on oath ... cross examination and re-examination of
the witness in attendance (whose evidence in chief examination
furnished to the Court by affidavit), shall be taken either
such taken as chief examinations without properly getting them verified from the deponents that they were their respective chief examination affidavits and the documents also ... chief examination affidavits as chief examination depositions. The normal procedure should be that on the filing of the chief examination affidavit, the deponent should appear
necessary parties.
57) PW 1, 2 and 4, in their chief examination affidavit,
have clearly stated that the deceased was the husband of
petitioner ... happened. Statement made
by PW 1, 2 and 4 in their chief examination affidavit about the
relationship of the deceased with the petitioners
evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the Court shall ... examination in chief. Besides, the provision for allowing the parties to lead evidence in examination in chief in the form of affidavit has been incorporated
section (2) of Section 145 his examination, i.e examination-in-chief, cross-examination and re-examination will have to be recorded. I find ... would mean and include "examination-in-chief", "cross-examination", "re-examination" and "examination by the Judge
direction that some of the portion of
the affidavit in lieu of examination-in-chief filed by Dr Navroze S. Kotwal on
8th April ... affidavit in lieu of examination-in-chief is filed it partakes the
character of the examination-in-chief of the concerned witness. There
evidence (cross-examination and re-
examination of the witness attendance, whose evidence
(examination-in-chief) by affidavit has been furnished to
the Court shall ... material to be
stated on affidavit and to disguise that affidavit as an affidavit in lieu
of examination in chief. The argument that
evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the Court shall ... examination of a witness would include evidence in chief, cross-examination or re-examination. Rule 4 of the Order 18 speaks of examination-in-chief
evidence in cross examination and re-examination of the
witness whose evidence (examination-in-chief) by affidavit taken by the
Court or Commissioner and while ... doesnt extend to affidavits, (i) whether for affidavit filed in Court once
the Court taken the affidavit as chief examination while implementation of
Order
chief examination, and
subject the witnesses straight to cross examination by
the other side, after serving them a copy of the proof of
affidavit. Hence ... Control Authority, as discussed earlier. By way of filing proof
affidavit for chief examination, much time of the Court as well as
the parties
