cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  May 16  1927

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 16 1927

1927

A draft rule has been framed by the Calcutta Hibh Court to the effect that in cases in which an appeal is allowed the Judge as the examintion of each witness proceeds may instead of taking down the evidence in full make a memrandum of the substance of what he deposes and such memorandum signed by the Judge shall be the record of the evidence of such winess and such memorandum need not [...] 18 of the Code of Civil Prcedure in cases in which an appeal is allowed the evidence of each witness shall be taken 'down in writing in the language of the Court by or in the presence and under the personal direction and superintendence of the Judge not -ordinarily in the form of question and answer bat in that of a narrative and when completed shall be read over in the presence of the Jud [...] A case decided by a Suordinate Judge may be taken in appeal to the High Court and then again to the Privy Coucil and both the High Court and the Privy Council have got to decide questions of fact on the record of the evidence made by the first Court and if the depositions are not recorded in full but only a memorandum of their substance is placed on the record the result will be practcal [...] In Civil Courts in cases decided as Small Cause Court cases and in Criminal Courts in summary trials and in certain cases decided by Presidency Magistrates the recording of the evidence in full is dispensed with and a memo-s randum of the substance of the evidence is pemissible but it is a matter of common knoledge that numerous complaints are made on the ground of the scantiness of the reco [...] In cases decided by jury the law only requires the Judge to record the heads of the charge to the jury but it has repeatedly been held by the High Courts that the reltrrd be sufficiently full to enable the High Court to come to a proper decision.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 16 1927
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