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1 - 10 of 15 (0.33 seconds)The Code of Criminal Procedure, 1973
The Central Excise Act, 1944
Sukhwant Singh vs State Of Punjab on 28 March, 1995
However, a witness
cannot be crossed examined when he has not been examined
in chief i.e. to say when there is nothing in relation to which he
could be cross examined as was held by Hon'ble Apex Court in
the case Sukhwant Singh Vs. State of Punjab 1995 (3)
SCC 367.
Modula India vs Kamakshya Singh Deo on 27 September, 1988
13. No doubt, the absence of his reply will not debar him
from cross examining the witnesses but the stage of cross
examination is post the examination in chief of a person who
has been summoned by the adjudicating authority, in his
discretion after satisfying himself qua his requirement to be
examined as a witness to prove the allegations of the Show
Cause Notice. We draw our support from the decision of
Hon'ble Apex Court in the case Modula India Vs.
Kamakshya Singh Deo AIR 1989 S.C. 162 wherein it was
held that omission on the second party to file the statement of
defence will not deprive him an opportunity to participate in
the proceedings even if his defence is struck off. In that case,
it would preclude the second party only from adducing the
evidence oral or documentary in support of arguments that
ought to have been made in the statement of defence if not
filed but it shall still be open to him to exercise his rights as
follows:
J.K. Cigarettes Co. Ltd. vs Union Of India (Uoi) on 8 July, 1988
14. We follow the adjudication of Allahabad Tribunal in
Kanpur Cigarette (supra) case that the question of cross
examination of witnesses would arise only when the
adjudication proceedings commence after the stage of filing
reply to the Show Cause Notice. Neither statutory nor any
principle of natural justice requirement exists for allowing cross
examination at a stage of receiving the mere Show Cause
Notice.