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Author Topic: Threat in Court during bayaan  (Read 976 times)

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Offline ivs

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Threat in Court during bayaan
« on: October 26, 2015, 07:57:02 PM »
I am fighting my case in person. one of the witness from opposite side asked court to discontinue bayaan and continue bayaan the next day "taki hum isko durust kar denge"? I want to know what court should have done in such case? should court have taken cognizance of the same, if yes under what all section and what action suo moto court should have taken?
I requested court to note such threat and take action but inspite of my request court did not take any cognizance of such threat? kindly advise what I can do and under what all sections action can be taken? pls guide in most comprehensive manner please.

Thanking you all in anticipation

Offline advmonami

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Re: Threat in Court during bayaan
« Reply #1 on: October 26, 2015, 09:33:39 PM »
this was a contempt of court proceedings. the court has the discretionary power to act on such indiscipline inside the court room
Advocate Monami Lahiri
Patna High Court

Offline adv.amarnath

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Re: Threat in Court during bayaan
« Reply #2 on: October 27, 2015, 11:55:04 AM »
I do not understood what THREAT was there!! You can say that they have misguided the court and as you are not well aware about the procedure of cross examination, you may have failed to react accordingly. On compilation of entire acts and deed of every person, the court adjourned the matter. If you had engaged a lawyer then he never allowed the adjournment by raising strong objection with miracle gesture.
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
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Offline ivs

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Re: Threat in Court during bayaan
« Reply #3 on: November 08, 2015, 05:46:45 AM »
Dear Advocate Monami Lahiri Sir, you mentioned court has discretionary power to act. Discretionary means court may choose not to act.  But kindly advise if one party requests to make note of such behaviour of any witness then should the court make a note of it in writing or not more so when explicit request has been made. Does not noting such behaviour shows biasedness of the judge? It is my wife's father who was being cross-examined and who threatened as mentioned earlier. Kindly advise.

Offline advuma

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Re: Threat in Court during bayaan
« Reply #4 on: November 08, 2015, 10:15:17 AM »
Accusing the judge of being bias is in itself contempt of court.
A judge is the soul authority to decide what is or is not contempt.

Besides it has no affect in the outcome of your case, so let it go
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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