Q: Elaborate section 142 of Indian Evidence Act, 1872 ?

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.

Comments

Post a Comment

Popular posts from this blog

Consumer Protection Amendment Bill of 2018 ?

Ans:  The pecuniary jurisdiction of the Commissions– this Bill proposes to change the pecuniary jurisdiction of the commissions to Rs 1 crore for District Forum; between Rs 1 crore and 10 crores for State Commission; and above Rs 10 crores for National Commission. Penalties– the Bill proposes a change in the penalty i.e. imprisonment up to three years or fine not less than Rs 25,000 which can be extended to Rs one lakh or both.
Read more

Q: Explain the writ of Prohibition and Writ of Certiorari ?

Ans: There is a very little difference between writ of Prohibition and  writ of certiorari. We all have heard the statement ' Prevention is better than cure'.Here Prevention is Prohibition and Cure is Certiorari. Certiorari means to be certified. Using this Writ, the High Court and Supreme Court can order the lower Court to submit their records for review. In review, it was seen if the judgements of lower Court are legal or not. Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908 contain provisions relating to appeals. Review is mentioned in section 114 and order 47 of civil procedure code, 1908.  Revision is mentioned in section 115 of civil Procedure Code, 1908. High Courts can still review their own judgment even if the SLP is rejected by the Supreme Court. Supreme Court has also clarified that it will not make any difference whether the review petition was filed before the filing of a special leave petition or was filed after the ...
Read more

Q: What are the rights of an advocate ?

Ans: In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act . Pre-audience in general terms means the right to be heard before others. In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021.  An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc. Advocates have several duties towards both their clients and the Court. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving update...
Read more