When leading questions must not be asked?
When leading questions must not be asked?
When leading Questions must not be asked? According to Section 142 of Indian Evidence Act, leading questions may not be asked in Examination-in-chief, or in a Re-examination, except with the permission of the Court.
Can the court ask leading question?
The court shall permit leading questions as to matters which are introductory or undisputed, or which have in its opinion, been already sufficiently proved.
Can you ask leading questions on redirect?
Don’t lead on redirect. Some leading is necessary and desirable, to direct the witness to particular issues raised on cross-examination.
What is estoppel in Evidence Act?
Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of estoppel as when one person either by his act or omission, or by declaration, has made another person believe something to be true and persuaded that person to act upon it, then in no case can he or his representative deny the truth of that thing …
Which is the most important piece of Scottish law?
The most important piece of legislation with regard to Scots law is the Scotland Act 1998 (which is an Act of the UK Parliament). Section 1 of this Act establishes a Scottish Parliament with a wide range of devolved powers.
What are the differences between Scots law and English law?
When involved in cross-border transactions, it is important to understand the key differences between Scots law and English law, particularly where the transaction involves financing portfolios of investment properties, a group of companies with material Scottish subsidiaries or a fund structure.
How is custom a source of law in Scotland?
CUSTOM AS A SOURCE OF LAW IN SCOTLAND’ IN the nature of things, problems raised by admitting that custom may be a source of law are likely to be similar in all systems. There will probably be, too, a substantial similarity between the rules of different jurisdictions. To require that a
Where does the Scottish legal system come from?
So, while modern Scots law has evolved its own rules, these can be traced back to common roots with the English system and further back to ancient Rome. The principles and rules of Scots law are drawn from the same sources as those of English law, namely, legislation, the courts, European law and institutional writers.
How is Scots law different from English law?
Some concepts of English law, such as undue influence, anticipatory breach and the remedy of rescission for breach of contract have been imported into Scots law from English, and usefully so. However, the fact remains that Scots law is a separate jurisdiction with a separate law.
What is a specific implement in Scots law?
In Scots law, a party is entitled as a matter of legal right to an order compelling performance (known as specific implement). Of course, there are categories of case in which specific implement will be refused.
Where does LPP come from in Scottish law?
The place of LPP in Scots law was explained by Lord Reed, in the Inner House of the Court of Session, in Narden Services Ltd v Inverness Retail and Business Park Ltd & ors [2008]: ‘The notion of LPP… is enshrined in the common law of Scotland.
How is a contract formed in Scots law?
Scots law does not require consideration for a contract to be formed. The point is significant, too, when considering whether an existing contract has been varied. Scots law recognises a concept of ‘unilateral promise’, by which a party can bind itself to an obligation without any need for acceptance.