Legal Translation Errors: Quashing Orders in India

person to obtain a translation of the record maintained in court. ... (Emphasis added) The word "record" in the aforesaid Article is defined in Article 24(5) of the English text of the Constitution as follows: Record includes Pleadings, Judgments, Orders and Other judicial and Ministerial acts. ... Article 24(3) of the English text of the Constitution states as follows: Any judge, juror, party or applicant or any person legally entitled to represent such party or applicant. who is not conversant with the language used in court, shall be ....

Since I am bound by the decisions of these Court of Appeal cases, each side submits that I should follow the authority that favours them. ... document in the English language may be used as an exhibit, with or without a translation thereof in the national language. ... 1997 MarsdenLR 2310 Thus the fundamental rule of interpretation of a statute is to ascertain the intention of Parliament. ... It is the primary function and duty of the learned judge to look at the book, to satisfy himself as to what it is, and decide, if necessary, with ....

2024 0 Supreme(Mad) 956

In fact, some Presiding Officers ask the translator to step into the witness box to testify that the translation made by him/her is true to the best of his/her knowledge and ability. In such cases, it is only the translated evidence that drives the case of the parties. 32. ... As discussed by me in the previous paragraphs, Section 4-A of the Act and Order XVIII Rule 9 of the Code are not provisions that require strict interpretation and application. ... When such a contingency, not seemingly contemplated under the statute, arises, the Co....

In this case however mention . . is made of two other Indian cases not obtainable here in which it was held that a translation is not secondary evidence. ... In addition to the fact that strict interpretation must be given to section 63 it does not appear to me that any probative value is to be found in the translation P 1. We do not know who made the translation, and there is no certificate that it is a correct translation from the Dutch. ... C. of Galle in a series of #HL_START....

2011 Supreme(Online)(Kar) 10

In such cases, simultaneous translation or translation after the evidence is recorded requires to be done. ... 39. S.278 sub-section (1) deals with procedure in regard to evidence when completed. ... As such, the interpretation of the evidence once again in the presence of the witnesses is necessary. In this regard, he relied on a judgment, reported in AIR 1975 SC 915 in the matter of Ramchandra Keshav Adke (dead) by L.Rs. v. ... Ten translators amongst the deputed persons joined today and have started the tr....

In that case it appears that it was held that under section 55 of the Civil Procedure Code, in the case of a defendant whose language was Tamil, it was sufficient if a translation only of the summons was issued for service on him, but the case is hardly an authority on the interpretation to be placed ... The word used is " copy, " so that it is clear that the translation referred to is not a translation of the " plaint " but of the " copy, " that is to say, of the copy (or copies to the number of the defendants in the ....

2023 5 Supreme 761

Hence, in the facts of the cases in hand, it cannot be said that a non­supply of translation of the charge sheet and other documents to the accused in both appeals will occasion a failure of justice. 23. ... It was also pointed out by the learned counsel appearing for the appellant that the charge sheets in VYAPAM Scam cases are very bulky and translation of the charge sheets into Hindi is a very time­consuming and costly process. 7. ... If we compare provisions of Chapters XVIII, XIX, XX, and XXI which deal with session....

2024 Supreme(US)(ca9) 452

(collecting cases) (citation omitted). ... II A We review de novo the district court’s interpretation of the hearsay rule, but we review the court’s decision to admit evidence as non-hearsay for abuse of discretion. United States v. ... LUCAS-HERNANDEZ The government argues that the Nazemian analysis is inapplicable to cases where, as here, “there was no interpreter.” We disagree. ... Though a few Ninth Circuit cases articulated the standard for reviewing improperly admitted ....

2023 Supreme(US)(ca1) 74

translation." ... She instead simply asserts, in conclusory fashion, that the Jones Act somehow requires § 1920(6) to be read differently with respect to cases that are - 11 - brought in Puerto Rico federal court than Taniguchi requires it to be read with respect to cases that ... A [c]ertified translation of said document is to be filed no later than May 3, 2021. ... Compensation of court appointed experts, compensation of interpreters, and....

1979 0 Supreme(MP) 144

The short question involved in this appeal, therefore, is whether the English translation of 'public premises' as printed and published makes out a meaning, favourable to the appellant, as per his interpretation that 'public premises' as defined herein include 'local authority' ? ... In the English translation, the definition of "public premises" as defined in section 2(e) of the Act is as follows :- ... "Public premises" means any premises belonging to or taken on lease or requisitioned by, or on behal....

2017 0 Supreme(Cal) 9

It has been under many cases defined as an unruly horse thus 3 giving the interpretation that it can never be defined or be a certain thing. However, for the purpose of achieving the aim of the new Act, the Act of 1996 – the legislature while drafting the Act limited the scope of public policy in its explanation restricted it to:- a. Fraud b. Corruption c. S.75 or S.81 (confidentiality breach or admissibility of evidence) The only open-ended expression which can be and has been of concern is the ground of public policy of India.

2016 0 Supreme(Cal) 670

The only open-ended expression which can be and has been of concern is the ground of public policy of India. It has been under many cases defined as an unruly horse thus 3 giving the interpretation that it can never be defined or be a certain thing. However, for the purpose of achieving the aim of the new Act, the Act of 1996 – the legislature while drafting the Act limited the scope of public policy in its explanation restricted it to:- a. Fraud b. Corruption c. S.75 or S.81 (confidentiality breach or admissibility of evidence)

2016 0 Supreme(Cal) 1068

The only open-ended expression which can be and has been of concern is the ground of public policy of India. It has been under many cases defined as an unruly horse thus 3 giving the interpretation that it can never be defined or be a certain thing. However, for the purpose of achieving the aim of the new Act, the Act of 1996 - the legislature while drafting the Act limited the scope of public policy in its explanation restricted it to:- (a) Fraud (b) Corruption (c) Section 75 or Section 81 (confidentiality breach or admissibility of evidence)

2016 0 Supreme(Cal) 505

It has been under many cases defined as an unruly horse thus giving the interpretation that it can never be defined or be a certain thing. The only open-ended expression which can be and has been of concern is the ground of public policy of India. However, for the purpose of achieving the aim of the new Act, the Act of 1996-the legislature while drafting the Act limited the scope of public policy in its explanation restricted it to:- a. Fraud b. Corruption c. S.75 or S.81 (confidentiality breach or admissibility of evidence)

2010 0 Supreme(Kar) 1034

It is only when evidence is being recorded in a language other than the court language. In such cases, simultaneous translation or translation after the evidence is recorded requires to be done.