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C.K. Chandrasekhariah and anr. Vs. State of Mysore and ors.

Court : Karnataka

Subject : Property

Acts : Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 - Sections 4 to 9, 9(A), 10, 32; Mysore (Personal and Miscellaneous) Inams Abolition Rules, 1956 - Rule 7; Mysore Land Revenue Code, 1888 - Sections 201; Oaths Act, 1873 - Sections 5 and 13

Reported in : AIR1963Mys232

witnesses commenced giving evidence, there has also been a transgression of the provisions of Section 5 of the Indian Oaths Act (Central Act X of 1873) which after its extension to the former State of Mysore under … transgression of the provisions of the first paragraph of Section 201. It is also urged that since no oath or affirmation was administered before the witnesses commenced giving evidence, there has also been a transgression of the

In Re: Ramdas Vishnudas

Court : Mumbai

Subject : Criminal

Reported in : AIR1924Bom511; (1924)26BOMLR713

Court from granting the sanction under Section 476 A of the Criminal Procedure Code 1898.Section 11 of the Indian Oaths Act makes the evidence given under a special oath conclusive proof only as against the person who

Emperor Vs. Hari Ramji Pavar

Court : Mumbai

Subject : Criminal

Reported in : (1918)20BOMLR365

understand, no solemn affirmation in the form prescribed by the High Court was administered as required by the Indian Oaths Act.4. This raises the question as to whether the omission to administer an oath or affirmation as

Godekari Ragamma Vs. Vageneni Tirupati and Others

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Oaths Act, 1969 - Sections 4, 5 and 6(1); Indian Oaths Act, 1873

Reported in : 2000(5)ALD98; 2000(4)ALT482

Rules, a solemn affirmation is accepted in lieu thereof. The position is no different in this Country. The Indian Oaths Act, 1873 (for short 'the Old Act') clearly recognised this freedom of a witness under Sections 5 … Can a Court refuse to record the evidence of a witness who is not willing to make an oath in the name of the God, but is ready and willing to make an affirmation?This is the question

Laxmipat Choraria and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Media and CommunicationCriminal

Acts : Evidence Act, 1872 - Sections 10, 118, 132 and 133; Code of Criminal Procedure (CrPC) , 1898 - Sections 337, 338, 342, 342A, 342(4), 343 and 494; Indian Penal Code (IPC), 1860 - Sections 91, 120-B, 169, 170, 211, 351 and 494; Constitution of India - Articles 14 and 20(3); Indian Oaths Act - Sections 5; Sea Customs Act - Sections 167(81)

Reported in : AIR1968SC938; 1968CriLJ1124; [1968]2SCR624

We have already shown above that Ethyl Wong was not an accused person at the trial. Now the Indian Oath Act provides : '5. Oath or affirmation shall be made by the following persons : (a) all witnesses, that

indar Prasad Vs. Jagmohan Das

Court : Mumbai

Subject : FamilyProperty

Reported in : (1927)29BOMLR1154

Subordinate Judge that the proceedings of March 30, 1922, and anything done thereunder, were not warranted by the Indian Oaths Act No. X of 1873; that the first plaintiff's offer of that day was vague and indefinite … defendant applied that it should be placed on record whether he also relied or not on the special oath of the first defendant. On April 7, the young man appeared in Court. He had already intimated that

Ram Kishore Vs. Bali Ram and ors.

Court : Allahabad

Subject : Criminal

Reported in : 1969CriLJ70

deciding cases in accordance with special oath are to be found in Section 8 to 11 of the Indian Oaths Act. Section 8 of the said Act empowers the Court to tender certain special forms of oath.

Leitanthem Bidhu Singh and ors. Vs. Khangjrakpam Ibobi Singh and ors.

Court : Guwahati

Subject : Criminal

before any Magistrate, The authorities, who can administer oaths and affirmations, are enumerated by Section 4 of the Indian Oaths Act (Act No. X of 1873), which runs as follows:4. The following Courts and persons are authorised … affidavit is a declaration as to the facts made in writing before a person having authority to administer oath. The two provisions in the Criminal Procedure Code which lay down the authorities, before whom affidavits may be

Shikhar Chand Falodia and anr. Vs. Sushil Kumar Sanganeria and Brother ...

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908

she did not Understand the sanctity of an oath. Referring to the proviso to Section 5 of the Indian Oaths Act, 1873 (as it was then) which provided that where a child witness under 12 years of

Tulsiram Tukaram Vs. Totaram Pandu

Court : Mumbai

Subject : FamilyProperty

Reported in : AIR1938Bom465; (1938)40BOMLR1005

fact were also raised. The learned Judge in appeal accepted the contention that under the provisions of the Indian Oaths Act the oath would ordinarily bind a person who offered to be bound by a special oath,