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A.E.G. Carapiet vs A.Y. Derderian on 17 May, 1960

(19) Learned counsel for the respondents relied upon A. E. G. Carapiet v. A. Y. Derderian paragraphs 9 and 10, where the Court emphasized the necessity of crossexamination of a witness to test the truth of his statement. The failure to do so would raise the presumption that the evidence was not disputed. This observation pre-supposes that the examination in-chief was such evidence which, in the absence of rebuttal, would prove the point on which the evidence was offered. But in the present case, the evidence of Shri Thadhani and Shri Vakil even if believed does not amount to proof of good faith. It was not. therefore, incumbent on the counsel of the opponent to crossexamine Shri Thadhani and Shri Vakil on this point at all. The burden of proof resting on the respondents still remained undischarged.
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