Indian Evidence Act_Examination of Witnesses

Examination of Witnesses

Section 134 of the Indian Evidence Act, 1872 deals with number of witnesses.
No particular number of witnesses shall in any case be required for the proof of any fact.
Section 137 of the Indian Evidence Act, 1872 deals with Examination-in-Chief
The examination of a witness by the party who calls him shall be called his examination-in-chief.
Cross-examination - The examination of a witness by the adverse party shall be called his cross-examination.
Re-examination - The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
A party who has called him/her as a witness can re-examine him/her after his/her cross-examination is over.
The re-examination shall be directed to the explanation of matters referred to in cross-examination.
Section 141 of the Indian Evidence Act, 1872 deals with leading questions.
Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question.
The expression "Leading Questions" literally means a question which itself suggest answer.
Section 142 of the Indian Evidence Act, 1872 provides for when leading questions must not be asked
It cannot be asked, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
Section 143 of the Indian Evidence Act, 1872 provides for when leading questions may be asked
Leading questions may be asked in cross-examination.

Section One Hundred and Fifteen [115] of Code of Civil Procedure 1908 provides for Revision.
This Section [115] empowers the High Court to entertain a revision in any case dealt by a Lower Court in certain circumstances. This jurisdiction is also called as Revisional Jurisdiction of the High court
Requirements of Revision

The High Court can exercise its Revisional Jurisdiction, only if the following four conditions are satisfied -

The Case must have been decided by the Subordinate Court
The Court deciding the case should be Subordinate to the High Court.
The Order delivered by the Subordinate Court must not be the Appealable Order.
While passing the Order of the case the Subordinate Court must have exercised a jurisdiction not vested in it by law; or it must be acted in the exercise of its jurisdiction illegally or there should be a material irregularity.

The powers of revision given to the higher courts are very wide and squarely discretionary.
The Application for Revision can be filed within ninety days from the date of the order.

Section One Hundred and Fourteen [114] of Code of Civil Procedure 1908 provides for Review of the Judgement.
The Supreme Court of India can review its own orders and judgment under Article 137 of the Indian Constitution.
The meaning of the term Review is to reconsider, to look again or to re-examine.
In legal terminology, it is nothing but a judicial re-examination of the decision of the case by the same court.
The Application for Review of judgment may be made on following points –

The detection of new evidence can be the ground for the filing of an Application for review of Judgement.
Whenever, the party discovered a new fact or important matter evidence after exercise of due diligence, was not within his knowledge during the matter was heard or at the time when the judgement was passed, application of review is permissible.

The Application for review can be filed on the ground of a mistake or error apparent from the record. The error can be of fact or of law.
Example - Pronouncement of Judgment without taking into consideration the fact that the law was amended with retrospective effect.

The Application for review may be made on any other sufficient ground. However, it has not been elaborated in the code.
The ground for review must be a bonafide ground.

It may be noted that, a Review of a Review cannot be permitted under the Civil Procedure Code