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1 - 4 of 4 (0.23 seconds)Union Of India vs Prabhakaran Vijaya Kumar & Ors on 5 May, 2008
The other ground assigned by the Tribunal for questioning
the conduct of the witness Pramod Kumar, is that he had surfaced
after 8 years. A similar objection came up for consideration
before the Supreme Court in the case of Union of India versus
Prabhakaran Vijaya Kumar and Ors. reported in (2008)9 SCC
527 and was rejected on grounds that unless it is proved that the
witness was interested and that his evidence was motivated the
credibility of any such evidence cannot be doubted. Even in the
present case there is absolutely no evidence on record to
demonstrate that the said witness is a interested witness rather the
Tribunal itself has approved the testimony of this witness in
paragraph 9 when it held that the witness was steadfast fast and
consistent even during his cross examination.
Section 16 in The Railway Claims Tribunal Act, 1987 [Entire Act]
Section 23 in The Railway Claims Tribunal Act, 1987 [Entire Act]
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