Evidence—(Contd deposition of a witness before the committing Magistrate to be used as substantive evidence in a case unless the party seeking to do so draws the attention of the witness to any part of the previous statement under the provisions of section 145 of the Indian Evidence Act with regard to which any discretion may arise or unless the judge himself puts the necessary question for the p [...] The effect of section 162 of the Code of Criminal Procedure is subject to the provisions of sub-section 2 to prevent a statement to the police made during the course of the investigation from being used for any purpose except (i) by the accused for contradicting a witness provided the procedure laid down in proviso (r) is followed and (2) by the proscution in re-examination for the purpose o [...] If the investigation officer is in a position to testify that the writing in the diary correctly represents the previous statements of the witness and the relevant portion of that statement has been recorded by the learned Judge in his note of evidence it is a matter of minor importance whether the corresponding portion of the writing in the diary is marked as an exhibit or not. [...] The ordinary law as laid down in the Evidence Act is to apply the reference to section 145 of the Evidence Act is merely to be taken as being made loosely to add a requirement that in all cases the written record or the relevant part thereof (which must exist for the proviso to apply) must be brought to the notice of the witness whom it is proposed to contradict even though the actual proof of [...] Lease—(Contd.) : Held that under the terms of the lease the difference between the amount of revenue now settled for the estates and the amount of revenue that was payable for the estates at the date of the lease shall have to be borne by the tenure-holder.
- Pages
- 423
- Published in
- India
- SARF Document ID
- sarf.120108
