Rajinder kumar thadani your querry was LEADING QUESTIONS Section 141 of Indian Evidence Act Leading Question = Any question which is suggestive, indicative or direct giving lead to the answer answer. Section 142 - When they must not be asked Leading questions must not, 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. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Section 143 - When they may be asked Leading questions may be asked in cross-examination. If the manner of questioning reflects bias enquiry will be vitiated ( Abdul wajeed V State Karnataka 1981 (i) SLJ 388 Karnatka high court ) EO cannot put leading of searching questions to CO. HINDUSTAN LEVER VS PRESIDING OFFICER, LABOUR COURT 1970 II LLJ 20 The enquiry officer cannot cross- examination the defence witnesses or ask leading questions to them. M.S.DASAN Vs. UNION OF INDIA 1992 (3) SLJ 9 CAT) 276 (ERNAKULAM) P.O.put leading questions to the witnesses examined in support of charges- Inquiry officer omitted to question the applicant on the evidence appearing against him in the testimony of witnesses examined - Inquiry officer also omitted to request the applicant to adduce evidence on his side and to submit defence – held enquiry proceedings vitiated. As such the defence assistant should oppose the question and if recorded it should be deleted or not treated as part of enquiry record.the def.asstt should give a motion to EO immediately that it is a leading question. No one can force any witness to reply a question which he does not intend to.
Posted on: Thu, 18 Dec 2014 06:50:04 +0000
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