SECTION 138 OF CODE OF CIVIL PROCEDURE 1908

What is the Power of High Court to require evidence to be recorded in English? Section 138 of Code of Civil Procedure 1908

Power of High Court to require evidence to be recorded in English is defined under Section 138 of Code of Civil Procedure 1908. Provisions under this Section is:


 

Section 138 of Code of Civil Procedure 1908 "Power of High Court to require evidence to be recorded in English"

(1) The High Court may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.

(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.

STATE AMENDMENTS

Assam, Nagaland, Meghalaya, Tripura and Manipur- For section 138, substitute the following section:-

"138. Power of High Court to require evidence to be record in English.- The High Court may, by notification, in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein that in cases in which an appeal is allowed, he shall take down, or cause to be taken down, the evidence in the English language and in the form and manner prescribed."

[Assam Act 2 of 1941, State of Nagaland Act 27 of 1962].

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