Effect of Non Examination of Witness

Effect of Non examination of witness, In legal proceedings, the examination of witnesses is an important part of the process as it helps to establish the facts of the case. If a witness is not examined, it can have several effects on the outcome of the case. Following the principles of law, to impeach the credibility of the testimony of a witness it is essential to Contradict   in respect of acts of alleged by the witness. Also giving  suggestions to witness that he was deposing falsely in respect of the allegations.  Law of Evidence in Kolkata, Delhi, India
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There is an age-old rule that if you dispute the correctness of the statement of a witness you must give him opportunity to explain his statement by drawing his attention to that part of it which is objected to as untrue, otherwise you cannot impeach his credit. Appointment of an Arbitrator
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In State of U.P. v. Nahar Singh (1998) 3 SCC, a Bench of this Court  stated the principle that Section 138 of the Evidence Act confers a valuable right to cross-examine a witness tendered in evidence by the opposite party. The scope of that provision is enlarged by Section 146 of the Evidence Act by permitting a witness to be questioned, inter alia, to test his veracity. Contested Divorces in Delhi
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 It was observed: (SCC p. 567, para 14) “14. The oft-quoted observation of Lord Herschell, L.C. in Browne v. Dunn [(1893) 6 R 67 (HL)] clearly elucidates the principle underlying those provisions.
It reads thus: ‘I cannot help saying, that it seems to me to be absolutely essential to the proper conduct of a cause, where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact by some questions put in cross-examination showing that imputation is intended to be made, and not to take his evidence and pass it by as a matter altogether unchallenged, and then, when it is impossible for him to explain, as perhaps he might have been able to do if such questions had been put to him, the circumstances which, it is suggested, indicate that the story he tells ought not to be believed, to argue that he is a witness unworthy of credit. Cross Examination of a Witness in india
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