In the light of judicial pronouncements, discuss the following: A party can produce expert evidence in the cases involving complex or technical issues.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
In the light of judicial pronouncements, discuss the following: A party can produce expert evidence in the cases involving complex or technical issues.
Answer & Explanation:
It is incumbent upon a party to produce evidence of some expert where the issue involved is a complex or difficult one as for instance, issues pertaining to engineering, medical, technology or science etc. Since the court can not constitute itself into an expert body and contradict the claim/proposition on record unless there is something contrary on the record by way of expert opinion or there is any significantly acclaimed publication or treatise on which reliance could be based. [Dr. Harkanwaljit Singh Saini v. Gurbax Singh & Anr., 2003 NCJ 800 (NC)]
Topics: Evidence Law
Related Questions in this Topic
- It is incumbent upon a party in possession of best evidence on the issue involved to produce such evidence and if such p...
- Write notes on the following: Affidavit in evidence.
- Explain the rule of adverse inference.
- Draft a deed of assignment of the business debts with assumed data.
- Draft a plaint in a suit for demolition of construction made by the defendant on the plaintiff's vacant land. The plaint...