Re-Examination of Witness -- Scope Confined to Explaining Cross-Examination, Court Permission Required for New Matter
(i) Evidence Act, 1872, Ss.137, 138 -- Re-Examination of Witness -- Scope Confined to Matters Raised in Cross-Examination -- Re-examination of a witness must be directed to explain matters referred to in cross-examination. (ii) Evidence Act, 1872, Ss.137, 138 -- Re-Examination of Witness -- Nature as a Right -- Re-examination of a witness, to be conducted at the end of cross-examination, is a right of the party as well as a right exercisable by the court. (iii) Evidence Act, 1872, Ss.137, 138 -- Re-Examination of Witness -- Requirement of Court Permission -- No permission of the court is required for re-examination confined to explanation of matters referred to in cross-examination. Permission of the court is required where a new and relevant fact or issue is sought to be introduced. (iv) Evidence Act, 1872, Ss.137, 138 -- Re-Examination of Witness -- Permission for Introducing New Matter -- Permission of the court is required where a new matter is sought to be introduced to elicit the truth or explain a new issue, and in such event the adverse party may further cross-examine the witness on that matter.
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