Deposition in Vernacular Language: Preserving Evidence Integrity

The deposition which is the foundation of the case was not taken down in accordance with the provisions of section 169 of the Civil Procedure Code. Section 80 of the Evidence Ordinance cannot help the prosecution if the deposition is proved to have been irregularly recorded. ... Any deposition which is not taken down in accordance with law is inadmissible to support an indictment and, under section 91 of the Evidence Ordinance, no other evi....

2024 0 Supreme(Mad) 956

be recorded in English. ... Apart from that, once the evidence is recorded, the Court normally reads over the deposition to the party to confirm whether what has been recorded by the Court is the statement made by him in the witness box. ... If the deposition of the defendant is translated into Tamil and the translated deposition is read out to the witness, by no stretch of imagination can a person, who knows maybe English and Marat....

Hearn [174 E.R. 431.], it would appear that English law requires the proof of a deposition if the defence proposes by such evidence to contradict the evidence of a witness. ... A provision similar to section 288 of the Indian Criminal Procedure Code is not to be found in the Ceylon Criminal Procedure Code. In these circumstances we are of opinion that, if the deposition of a witness is Evidence-Contradiction of witness by deposition in Magistrate's....

Where the deposition of a witness has been irregularly recorded by the Magistrate in breach of the provisions of section 299 of the Criminal Procedure Code, such a deposition is not legal evidence upon which the Court or jury can act in order to convict the witness. ... S. 299 (6) of the Criminal Procedure Code provides that: " The absence of such a certificate in a deposition shall not be a bar to the deposition being received in ....

2025 0 Supreme(Ker) 2624

If the evidence is recorded by signs, the view of the Courts, (prior to amendment) was that the signs must be recorded as such and they should not be any interpretation of the signs. ... Evidence Act , 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.’’ ... In the deposition of Pw. 4 Saidalavi before the chief examination begins it is seen recorded as follo....

2024 Supreme(Online)(Pat) 1807

In their applications, the petitioners have not pointed out anything about scandalous nature of deposition of DW7 in his examination-in-chief. ... It is settled law that only the evidence which is relevant to fact in issue is required to be brought on record by the parties and irrelevant evidence would not be considered. ... So far as relevance of the evidence recorded on behalf of DW7 is concerned, is to be considered by the learned trial court while appreciating the....

The evidence of a witness whose deposition at a non-summary inquiry was recorded in the absence of an absconding accused in term of section 407 of the Criminal Procedure Code need not be recorded de novo but by virtue of section 297 of the Code it would be sufficient if the evidence ... Witness - Non summary inquiry - Evidence recorded in absence of absconding accused-Competency of the witness to testify at the trial of th....

2025 Supreme(Online)(Cal) 4665

about his integrity. ... Therefore to maintain a case under section 500 or 501 of the IPC, the complainant is required to prima face show by producing evidence at the stage of initial deposition under section 200 of the Code and to exhibit that in the estimation of any such witness, his moral or intellectual character was lowered ... In the instant case magistrate did not conduct any such enquiry under section 202 of the Code and issued outright process against the petitioners only on the basis of petit....

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

so recorded shall be read in evidence. ... Patel J’s Order strikes a careful balance between the need for procedural flexibility and the imperative of preserving the fairness and integrity of Parsi matrimonial trials. ... Using video conferencing, pre-recorded depositions, and real-time video links allows the court to maintain procedural fairness without requiring the physical presence of the witness. ... For all the above reasons, we answer this reference by holding that the Courts un....

High Court of Punjab and Haryana

Surely, it must appear to the Court from the evidence that someone not arrayed as an accused, appears to have committed an offence. Be it noted, the Court need not be satisfied that he has committed an offence. ... From a perusal of the portion of deposition of PW-1, It can be prima facie recorded that the petitioners appear to have some role to play in the alleged offence. ... In other words, from the evidence it need only appear to....

Current Civil Cases

at the top of the paper on which deposition is recorded is not part of evidence in terms of the Evidence Act. Therefore, the materials available among those endorsements may not be utilised as evidence against the party, though such relevant materials can also be asked during the examination after the oath is administered and made part of oral evidence which is primary evidence. 6. That apart, the recording of the name, father’s name, age, religion, community, avocation etc.

2011 0 Supreme(Ker) 896

at the top of the paper on which deposition is recorded is not part of evidence in terms of the Evidence Act. Therefore, the materials available among those endorsements may not be utilized as evidence against the party, though such relevant materials can also be asked during the examination after the oath is administered and made part of oral evidence which is primary evidence. 6. That apart, the recording of the name, father’s name, age, religion, community, avocation etc.

2011 0 Supreme(Ker) 1005

6. That apart, the recording of the name, father's name, age, religion, community, avocation etc., at the top of the paper on which deposition is recorded is not part of evidence in terms of the Evidence Act. Therefore, the materials available among those endorsements may not be utilised as evidence against the party, though such relevant materials can also be asked during the examination after the oath is administered and made part of oral evidence which is primary evidence.

2009 0 Supreme(Bom) 123

He accepted that in sale deed of executed by him in favour of the plaintiff, there is no mention that said lane can be used in ownership rights. He has further admitted that said recital was omitted as no right to use lane was given to him by his vendor. In English translation of deposition as recorded, the words .is not mentioned. appeared to be missing but in Marathi those words are specifically written and from next answer given by this witness that he could not assign any reason for said omission, the error in recording of evidence in English is apparent.

2008 0 Supreme(Ker) 64

Then only those documents became evidence in the suit. The court below committed a very serious illegality in deciding the suit based on the evidence recorded by the Land Tribunal and all findings recorded by the court below are liable to be set aside. But so far as the deposition recorded by the Land Tribunal the same cannot be used as evidence recorded by the civil court. It can be used as an admission and may be used in accordance with the provisions of the Evidence Act.