Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1334 - HC - Indian LawsPrinciples of natural justice - cross-examination - production of documents - The Trial Court was of the view that the petitioner had been given sufficient time to cross-examine the witnesses, however, the petitioner was delaying the proceedings. The Trial Court was of the view that the petitioner was trying to deliberately create difficulties for the Court to prevent conclusion of evidence. The Court was of the view that the witness could only be put relevant questions and could not be compelled to produce any document. Held that: - Perusal of the orders of the Trial Court as well as the Revisional Court makes it clear that the petitioner, who is appearing in person, has been repeating questions, which the Court has found to be irrelevant. The Court seems to be kept engaged for substantial periods of time in dealing with the questions which the Court is of the view are irrelevant - the order of the Revisional Court, to some extent, calls for interference. Imposition of cost - Held that: - since this is a discretionary power exercised by the Revisional Court, it should not be interfered - imposition of cost upheld. Production of documents - Held that: - the Revisional Court has already given liberty to the petitioner to place on record the documents which may be relevant for the purposes of trial. In case, the petitioner requires to confront any witness with any document, which are not in his power or possession and which are required to be summoned from a third party, it would be open to the petitioner to apply to the Trial Court for the said purpose. Petition disposed off.
|