Judge in a labour court has asked the complainant to carry out the examination in chief prior to his cross examination.
Please advise what is examination in chief prior to cross examination of the complainant?
What is the process or anyone has a format of the same?
From India, Mumbai
9Please advise what is examination in chief prior to cross examination of the complainant?
What is the process or anyone has a format of the same?
From India, Mumbai
Examination-in-chief is the statement which the complainant/workman records before the court. Generally, in his evidence, the workman repeats his statement of claim and elaborates the incidences. After that, the employer is granted an opportunity to cross-examine him.
From India, Faridabad
From India, Faridabad
Dear Sogemar,
" Examination-in-Chief " which is also called as " Direct Examination " is the starting point in any litigation. It has been defined u/s 137 of the Indian Evidence Act,1872.
The Examination-in-Chief of a witness by a party who calls him shall be his Examination-in-Chief. It is the first oral evidence after the witness has been sworn in before the adjudicating forum.
It is the province of the party by whom the witness is called to examine for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case.
With reference to the case in the Labor Court, the claimant has to state orally what he has already mentioned in the claim statement putting forth all the facts cogently leading to the claim. If the claim is pertaining to his dismissal or discharge or retrenchment from service, he has to state the position held by him under the respondent, the period of employment right from his appointment, the salary last drawn,the circumstances leading to the cause of action and the remedy prayed for. Along the course of his evidence, he should mark the documents if any as his exhibits.
From India, Salem
" Examination-in-Chief " which is also called as " Direct Examination " is the starting point in any litigation. It has been defined u/s 137 of the Indian Evidence Act,1872.
The Examination-in-Chief of a witness by a party who calls him shall be his Examination-in-Chief. It is the first oral evidence after the witness has been sworn in before the adjudicating forum.
It is the province of the party by whom the witness is called to examine for the purpose of eliciting from the witness all the material facts within his knowledge which tend to prove the party's case.
With reference to the case in the Labor Court, the claimant has to state orally what he has already mentioned in the claim statement putting forth all the facts cogently leading to the claim. If the claim is pertaining to his dismissal or discharge or retrenchment from service, he has to state the position held by him under the respondent, the period of employment right from his appointment, the salary last drawn,the circumstances leading to the cause of action and the remedy prayed for. Along the course of his evidence, he should mark the documents if any as his exhibits.
From India, Salem
Dear Colleague,
In addition to the comments from the learned colleagues, I just want to add one point and that is, in Examination in chief no leading questions can be asked to the witness being examined whereas same is permitted during the cross- examination.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
In addition to the comments from the learned colleagues, I just want to add one point and that is, in Examination in chief no leading questions can be asked to the witness being examined whereas same is permitted during the cross- examination.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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