CONTENTS

Chapter SUBJECT
Page Nos.
No Sub-Headings
LAWYER/D.R/ DEFENCE REPRESENTATIVE’S PROFESSION AND
1
CROSS EXAMINATION
- A Nurse Strives For Justice
- Police Action
- A Social Worker Takes Interest
- Lawyer/D.R/ defence representative’s Duties and Responsibilities
- Cross-Examination: Advocate/D.R’s Weapon in the Court
- Importance of Cross-Examination
- Dramatic Sense
- A single Question in Cross-Examination
- Rules of the Conduct of Cross-Examination.
- Preparation For Cross-Examination.
- Trials in Criminal Courts.
- Burden of Proof And Benefit of Doubt.
- A Hostile Witness
- What To Do In Such Cases
- An Approver
- Whether Competent Witness.
- Cross-Examination of An Approver
- How Many Should be there Witnesses
- Panchanama And Search
2 WHAT IS CROSS EXAMINATION AND WHAT ARE its RULES?
- Relevant Facts And Facts In Issue.
- Burden Of Proof.
- Importance of the Act During
- Cross-Examination
3 - MODEL QUESTIONS FOR CROSS EXAMINATION
- First Information Report (FIR)
- F.I.R. And Cross-Examination
- Medical Examination And Medical Officer.
- Examination of A Doctor
- Special Rules Of Evidence In Criminal Procedure Code
- The Depositions Of A Civil Surgeon Or Other Medical Witness.
- Cross-Examination Of A General Practitioner Doctor In An Accident
Case.
4 SOME EVENTS OF CROSS-EXAMINATION IN THE COURTS
- Cross-Examination Excerpts
- Mud-Throwing On Each Other By Swami-Jethmalani
- “Why Are You Afraid Of The Truth?”
- Cross-Examination of a Detective.
- Contradictions in Evidence.
- Too Many Witnesses.
- A ‘Cap’ In Dispute in ‘TADA’ Court.
- Chandraswami Before Jain Commission
- Advice To Chandraswami’s Lawyer/D.R/ defence representative
- Cohesion of Language between Advocate/D.R and Witness: A must
- Understand the Charge sheet.
- Avoid Bombardment Of Questions.
- Law And General Knowledge Both Necessary.
- Multi-Language Knowledge.
- Witness Under Cross-Examination.
- Patience While Learning.
- Good Luck.
5 DEFENCE REPRESENTATIVE
- Enquiry Procedure
- Domestic Enquiry – Background
- A Dawn In Disciplinary Matters – 1975
- Legal Right Given; But Who Had Time?
- Defence Is Difficult Job.
- Class Of Enquiry Officers.
- Police Court And Domestic Enquiry
- Employers To Prove The Charges.
- Charges Can Be False Too.
- Employers – Good As Well As Bad.
- Training for Local Activities
- Most Enquiry Officers Act Pro-Management
- Law Is Above The Enquiry Officers.
- The Past Has Now Changed.
- Remember The Following Provisions While Participating in the
Enquiry
- Office-Bearer As Defence Representative
- An Advocate/D.R To Defend
- Outsiders Not Allowed.
 - Delinquent Entitled To Legal Charges of His Advocate/D.R in
Domestic Enquiry.
- Language of the Enquiry.
6 PREPARATION FOR CROSS-EXAMINATION
- Authority Letter.
- Preparation of A ‘Brief’
- What Should Be The Defence Policy?
- First Gain The Confidence.
- Do Not Humiliate The C. S. E
- Defence Representative – A Protector.
- Defence Representative And T. U. M.
- Defence Representative Must Be An Expert.
- A Patient Hearing To workman
- Circumstantial Evidence.
- Selfless Service
- Cross-Examination Must Be Useful in Courts.
- A C. I. D. Eye.
7 AN INNOCENT WORKMAN
- Increase in Domestic Inquiries.
- Victimisation of Activists.
- Accidental and Unintentional Acts.
- Why No Compassion?
- Indiscriminate Dismissal.
- Rights of the Labour Courts.
- Let The Defence Be Effective.
- A Writ Petition before High Court.
- Charge sheet Only to Employees.
- Partial and Vindictive Attitude.
8 LAW RELATING TO CROSS-EXAMINATION
- Take Objection To Documents.
- Objection to Enquiry Officer.
- List of Witnesses In Advance.
- Cross-Examination – Media of Defence.
- Insist On Immediate Recording.
- Examination-In-Chief: Cross-Examination: Re-Examination.
- Employer’s Representative.
- Employer to Prove the Charges.
- Defence Representative in the Past.
 - Defence Representative – Now
- Evidence – Oral And Documentary – Leading Question
- Employer to Prove Documents.
- Aimless Cross-Examination.
- Why and For What Cross-Examination.
- Cross-Examination Is An Art.
- Insist Recording The Question.
- What Is Evidence?
- Relevant Facts In Cross-Examination
9 CROSS-EXAMINATION ART AND TECHNIQUE:
- Weapon of Defence.
- Cross-Examination-Art and Technique.
- No Alternative to Training.
- General Knowledge First.
- Knowledge of Working Procedure.
- Logic Necessary.
- Requirements of Labour Courts.
- Findings of the Enquiry Officer.
- Statement of a Witness Examination-In-Chief.
- Take Notes Of Examination-in-chief
- Immediate Cross-Examination Beneficial
- Points for Cross-Examination.
- Methods of Cross-Examination.
- Preparation of the Questionnaire.
- Do Not Lose Heart – Victory Is Yours.
- Defence through Employer’s Witness.
- Vague and Evasive Replies.
- When To Stop Cross-Examination.
- Credibility of the Witness.
- What to Achieve?
- How to Behave?
- Be Attentive To the Recording.
- Beginning Of Cross-Examination.
- Show The Witness His Place.
- Evasive Replies.
- Do Not Leave Any Point Of Deposition.
- Do Not Leave The Main Topic.
- Fix The Next Witness Also.
 - Do You Have any Documentary Proof?
- Cross-Examination on Documents.
- Change in Enquiry Procedure.
- Additional Duty on D. R
10 CROSS-EXAMINATION: POINTS OF DEFENCE AND PUNCHES
- Preliminary Questions
- With Whom You Had talked About the Alleged Incidents?
- Charge sheet is Vague.
- Absence without Leave.
- Absence Due To Sickness.
- Habitual Absenteeism.
- Disobedience of Orders of the Superiors.
- Points for Cross-Examination.
- Negligence In Work
- For Not to Complete Work in Time.
- Riotous, Disorderly, Indecent Behaviour.
11 - MODEL QUESTIONS – 1
- Who Can Issue a Charge sheet?
12 - MODEL QUESTIONS – 2
- Charge sheeted Employee – Man Of The Ex-Director
- Manager Has No Authority.
- Absenteeism without Prior Permission. (Sickness)
- The Witness Tells False Designation.
- Who Took the Decision to Charge sheet?
- Provisions under Shops & Establishment . Act.
- Discrimination and Partiality.
- Other Types of Leave.
- Privilege Leave.
- Casual Leave.
- Work of Those on Leave.
- Provisions Under E. S. I. S.
13 - MODEL QUESTIONS – 3
- Theft of Bank Cash.
- Allegations in the Charge sheet.
- Explanation of the Paying Cashier.
- Point For Defence
- Whether The Bundles Were of Rs. Hundred (100) Notes Or Rs.
Fifty (50)Notes?
 - Earthen Pot of Water.
- Theft, Fraud and Dishonesty.
- Explanation of the sheeted Workman.
- Points of Defence.
14 - MODEL QUESTIONS – 4
- Riotous, Disorderly or Indecent Behaviour.
- Points for Defence.
- Examination-In-Chief or Security Officer.
- Cross-Examination of Security Officer.
- The Charge sheet is Vague.
- Fixing the Other Witnesses.
- Statement Of Watchman Shyam In Examination-In-Chief.
- Copy Of Police Complaint.
- Illegal Strike and Demonstrations.
- Demonstration And Agitations.
- Demonstrations And Posters (Photographs)
15 - MODEL QUESTIONS – 5
- Victimisation.
- Spot Inspection.
- Drunkenness And Under Influence of Liquor
- Panchanama
- Charge sheet In vernacular language
- Vague Charge sheet.

PREVENTION AND CONTROL OF CYBER CRIMES IN

IMPORTANT
ADDENDUM INDIA: PROBLEMS, ISSUES AND STRATEGIES

CHAPTER -
Volume 2 ( part II) Practical Guide to Defence Representatives in
VOLUME 2 Handling Charge Sheets and Enquiries
(with practical illustration of reply to charge sheets, defence brief,
(PART2)
model /mock enquiry proceedings with several case studies
index volume 2 ( part II)