Legal Question in Constitutional Law in India

examination of a prime witness who is bed-ridden

The witness to be examined in a departmental enquiry is a material witness but he is suffering at the moment from acute low back pain rendering him immobile. He is also not showing interest to be got examined at his residence. Just recently he had deposed in another enquiry having relevance in the present case too. Can that very deposition be made a document in the present enquiry though this will not afford the Charge sheeted Officer the right to cross-examination or else suggest the alternative remedy as I plan to close the management side.


Asked on 8/13/07, 9:32 am

3 Answers from Attorneys

Re: examination of a prime witness who is bed-ridden

You may get the commission appointed for recording the evidence of said witness and necessary application can be moved in this regard.Evidence of witness in another case can be used for getting him confronted if he speaks otherwise but the same can not be used as evidence in your case.

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Answered on 8/13/07, 1:15 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: examination of a prime witness who is bed-ridden

hello

you may get an commision appointed in this case for some movements

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Answered on 8/14/07, 1:13 am
dhayaleshwaran shanmugam

Re: examination of a prime witness who is bed-ridden

sir,

for examining witness who is unable to appear before the court, you have to takeout an application under Order XXVI of CIVIL PROCEDURE CODE giving the circumstances under which the witness is unable to appear and pray for an order to appoint an Advocate Commssioner for examining the witness.

However, it is to be noted that you have not given any details regarding that witness is residing within the jurisdiction of the court or outside jurisdiction of the court and which court viz. city civil court or High Court. Hence, detailed answer would not be given.

Thanking you

dayal

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Answered on 8/16/07, 11:39 am


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