Ans: The examination of a witness by the party who calls him shall be called his examination-in-chief. The opposite party will make cross- examination against examination-in-chief. Leading questions will be asked in cross-examination and not in examination-in-chief. The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court. Section 137 of Indian Evidence Act, 1872 : Examination-in-chief: The examination of a witness by the party who calls him shall be called his examination-in-chief. After taking oath the witness has to give answers the questions asked by the party who has called him before the court.
Ans: According to section 142 of Indian evidence act, leading questions must not, if objected by the adverse party be asked in an examination in- chief, or in a re- examination, except with the permission, of the court. The court shall permit the leading questions as to matters which are introductory or undisputed, or which have, in its opinion, have already sufficient proved. There is a citation, i.e, Varney Joseph V. State of keralas. The Supreme Court held that the prosecutor ought not to be allowed to frame questions in such a manner to which the witness can reply in 'Yes' or 'No' form so as to enable him to elicit such answers, which he expects or desires. It is also held that allowing such leading questions would offend the right of accused to fair trial enshrined in Article 21 of the constitution of India.
Ans: The hindi meaning of litigate is mukadma katna ,i.e., to take the legal action in a court of law. Petition, Suit, Complaint, Appeal, etc are types of litigation.(PMS: PSCA) Petition: Petition is basically associated with cases that are filed before High Courts, Supreme Court and are called Writ Petition. It is also filed before Family Court as well as regular civil court depending upon nature of dispute. Petition is actually request to court. Suit: Suits are primarily filed before civil courts. The drafting of suit memo differs considerably than other documents. Suit memo is also called Plaint filed by plaintiff. Complaint: It is generally filed in criminal cases.
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