Dear Sir,
What are the questions (to be asked and not to be asked) to a witness while cross-examining a witness by the delinquent in a Domestic inquiry? Are there any Rules and Regulations for cross-examining a witness?
Looking forward to an early reply from the seniors.
Regards,
Khaleel Saudagar
From India, Kadapa
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1What are the questions (to be asked and not to be asked) to a witness while cross-examining a witness by the delinquent in a Domestic inquiry? Are there any Rules and Regulations for cross-examining a witness?
Looking forward to an early reply from the seniors.
Regards,
Khaleel Saudagar
From India, Kadapa
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The rules are simple; you need to follow the principle of Natural Justice. This means in simplified terms as follows:
1) Reasonable time must be provided to answer questions.
2) No badgering, battery, or defamation is allowed.
3) Get the entire proceeding on video.
4) Obtain an affidavit signed from the parties stating that they are willingly participating in such proceedings.
5) Always allow parties a chance to be represented by an attorney or a McKenzie's friend.
6) Do not allow unfair surprises.
From India, Kolkata
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1) Reasonable time must be provided to answer questions.
2) No badgering, battery, or defamation is allowed.
3) Get the entire proceeding on video.
4) Obtain an affidavit signed from the parties stating that they are willingly participating in such proceedings.
5) Always allow parties a chance to be represented by an attorney or a McKenzie's friend.
6) Do not allow unfair surprises.
From India, Kolkata
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Principles of Natural Justice in Domestic Enquiries
The basic criterion for holding a domestic enquiry is that the principles of natural justice should not be violated. There is no specific act that prescribes the procedure for cross-examination in an enquiry. However, the Evidence Act may be followed to some extent. The primary concern should be that the delinquent is not deprived of any opportunity (principle of natural justice).
Constructing Questions for Cross-Examination
Regarding what questions one should ask during cross-examination, it totally depends on what the witness has stated in their evidence. Without knowing the statements of the witness and the entire facts, questions cannot be constructed.
If the delinquent is planning to cross-examine the witness of management and is unable to frame questions, they may consult any expert or professional with the statement of the witness and other documents to get the questions framed. This will enable the delinquent to put those questions on the next date of the enquiry.
From India, Kolkata
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The basic criterion for holding a domestic enquiry is that the principles of natural justice should not be violated. There is no specific act that prescribes the procedure for cross-examination in an enquiry. However, the Evidence Act may be followed to some extent. The primary concern should be that the delinquent is not deprived of any opportunity (principle of natural justice).
Constructing Questions for Cross-Examination
Regarding what questions one should ask during cross-examination, it totally depends on what the witness has stated in their evidence. Without knowing the statements of the witness and the entire facts, questions cannot be constructed.
If the delinquent is planning to cross-examine the witness of management and is unable to frame questions, they may consult any expert or professional with the statement of the witness and other documents to get the questions framed. This will enable the delinquent to put those questions on the next date of the enquiry.
From India, Kolkata
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Domestic Inquiry.pdf
CanUSolveThis-f amily brigde cross.xls