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Dilawarsab Alisab Jakati Vs. State of Karnataka by Its State Public Pr ...

Court : Karnataka

Subject : CriminalCivil

Acts : Indian Penal Code (IPC), 1860 - Sections 326, 375, 376, 376(2) and 511; Oaths Act, 1969 - Sections 4 and 5; Evidence Act - Sections 3, 32 and 119; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : 2005CriLJ2687; ILR2005KAR2282

person can be recorded by signs made in open court and such evidence is admissible'.Section 4 of the Oaths Act, 1969 provides for oaths or affirmation to be made by witnensses, interpreter and jurors, which reads as follows:'4. Oaths … such persons or to receive evidence;(b) interpreters of questions put to, and evidence given by, witnesses; and(c) jurors.'Similarly, Section 5 of the Oath Act enables a witness or interpreter to make an affirmation instead of Oath. On a

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

learned Counsel for the petitioner-plaintiff relying upon Sections 4, 5 and 6 read with the Schedule of the Oaths Act, 1969 (Act 44 of 1969 - for short 'the New Act') submits that a witness has an option, in … 4 of the New Act enjoins, inter alia, that oaths or affirmations shall be made by all witnesses. Section 5 of the New Act clearly provides thus :'Section 5. Affirmation by persons desiring to affirm :--A witness, interpreter

State of Maharashtra Vs. Gajanan Baburao Phakatkar

Court : Mumbai

Subject : CriminalFamily

Acts : Oaths Act, 1969 - Sections 4; Evidence Act, 1872 - Sections 118; Oaths Act, 1897 - Sections 5 and 13; Indian Oaths Act, 1873 - Sections 5; Indian Penal Code (IPC), 1860 - Sections 302 and 498A

Reported in : I(2005)DMC511

earlier, the learned Judge appears to have administered an oath to the said witness. Section 4 of the Oaths Act, 1969 provides that oath or affirmation shall be made by all witnesses who are required to give evidence before … v. The State of Rajasthan. Justice Vivian Bose who spoke for the Bench, referred to the proviso to Section 5 of the Indian Oaths Act, 1873. which reads thus:'Provided that where the witness is a child under twelve

K.M. Singh Vs. Secretary Association of India Universities and Others

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 10, Rule 2; Oaths Act, 1869 - Sections 9; Oaths Act, 1873 - Sections 9 to 12; Evidence Act, 1872 - Sections 20

Reported in : AIR1992SC1356; JT1992(4)SC12; 1992(1)SCALE839; (1992)3SCC129; [1992]2SCR630; 1992(3)SLJ1(SC); 1992(2)LC411(SC)

it also took the view that the repeal of the Oaths Act, 1873 by Section 9 of the Oaths Act, 1969 no where debar the parties from entering into any contract. agreed with the view of the trial court. … and Mandir respectively to the effect that the resignation of the plaintiff was not extracted from him on 5th April, 1976 under duress, fear, inducement, fraud, coercion then that part of the claim might be dismissed as

P. Giribabu Vs. Deputy Director of Enforcement

Court : Chennai

Subject : FEMA

Acts : Foreign Exchange Management Act, 1999 - Sections 13, 37, 37(1) and 37(3); ;Income Tax Act, 1961 - Sections 131, 131(1), 131(B) and 293; ;Oaths Act, 1969 - Sections 3, 4, 5, 6(2) and 7; ;Sea Customs Act - Section 171A and 171A(4); ;Indian Oaths Act, 1873; ;Advocates Act, 1961 - Section 30; ;Karnataka Land Reforms Act - Section 20A; ;Haryana Ceiling on Land Holdings Act; ;Customs Act, 1962 - Section 108; ;Code of Civil Procedure (CPC) , 1908 - Section 135(2) - Order 10, Rule 2 - Order 16 - Order 18, Rule 2; ;Constitution of India - Articles 20(3) and 21

Reported in : [2010]99SCL268(Mad)

Section 37 of FEMA also, the persons summoned have to be examined on oath. Section 7 of the Oaths Act, 1969 provides that what is recorded after administration of Oath is evidence. Income-tax Act provides that examination by an … Courts and persons having by law or consent of parties authority to receive evidence.The relevant portion of the Section 5 runs--Oaths or affirmations shall be made by the following persons:(a) all witnesses, that is to say, all persons

V.R. Kamath Vs. Divisional Controller, Karnataka State Road Transport ...

Court : Karnataka

Subject : Civil

Acts : High Court of Karnataka Rules, 1959 - Rule 2; Karnataka Civil Rules of Practice, 1967 - Rule 28-A; Oaths Act, 1969 - Sections 3(2); Code of Civil Procedure (CPC), 1908 - Sections 139 - Order 19, Rule 1 - Order 37A, Rule 3; Code of Criminal Procedure (CrPC) , 1974 - Sections 297; Notaries Act, 1952 - Sections 8, Rule 11(2); Writ Proceedings Rules, 1977 - Rules 3, 5 and 21; Constitution of India - Articles 226 and 227

Reported in : AIR1997Kant275; ILR1997KAR1856

to the persons concerned, is an indication of the sad state of affairs.5. Section 3(1) of the Oath Act, 1969, empowers Courts and persons having by law or consent of parties, authority 'to receive evidence, to administer oaths … imposed or in exercise of the powers conferred upon them by law. Sub-section (2) of Sec. 3 of Oaths Act provides that the High Court may empower any person to administer oaths and affirmation in respect of affidavits

Smt.V.K.Sasikala Do Vivekanandan Vs. State Represented by the Superint ...

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CPC) - Section 313(l)(b), 272, 282, 279, 281(5) ; Constitution Of India - Article 21,; Criminal Rules - Rule 57; Oaths Act 1969 - Section 4; Indian Evidence Act - Section 119,

office, an oath or affirmation that he with faith fully discharge those duties." Similarly, section b of the Oaths Act. 1969 enables a witness, interpreter or juror to make an affirmation, instead of making an Oath. 14. The examination … been availed when further evidence of some of witnesses, who were not aware of court language, was recorded. 5. Sri V.Giri. learned senior counsel appearing for petitioner has made following submissions:-I. Thai petitioner does not know the

J. Jaikumar Vs. Yogesh Lemichwal

Court : Karnataka

Subject : Criminal

Acts : High Court of Karnataka Rules, 1959 - Rule 2; Oaths Act, 1969 - Sections 4(2) and 6; Code of Criminal Procedure (CrPC) , 1973 - Sections 315; Karnataka Criminal Rules of Practice, 1968 - Rule 2; Constitution of India - Article 227; Code of Civil Procedure (CPC), 1908 - Sections 5, 122 and 129; Mysore Criminal Rules of Practice, 1968

Reported in : ILR1998KAR494

the petitioner being an accused, he cannot be compelled to swear. In view of the provisions of the Oaths Act, 1969 (hereinafter called the Act), no oath can be administered to the accused and as such there is a … not understand the nature of an oath or affirmation;the foregoing provisions of this section and the provisions of Section 5 shall not apply to such witness; but in any such case the absence of an oath or affirmation

Mahendra Singh Gehlot Vs. State and ors.

Court : Rajasthan

Subject : Constitution

Reported in : 1978WLN(UC)357

of the affidavit is of no material significance in view of the provisions of Section 7 of the Oaths Act, 1969, which read as follows:7. Proceedings and evidence not invalidated by omission of oath or irregularity No omission to … K.D. Sharma, J.1. A notice was issued to the non-petitioners Nos. 1 to 5 to show cause why this petition be not admitted. Mr. S.L Mardia, Additional Government Advocate appeared on behalf

Arjun Rai Vs. State of Sikkim

Court : Sikkim

Subject : Criminal

Acts : Criminal Procdeure Code , 1974 - Sections 164(5); Oaths Act, 1969 - Sections 4(2); Indian Penal Code (IPC), 1860 - Sections 300

Reported in : 2004CriLJ4747

person (accused). At that stage, we may have a look at Sub-section (2) of Section 4 of the Oaths Act, 1969 which states inter alia that nothing in the said section shall render it lawful to administer, in a … Court in Karam Ilahi v. Emperor (AIR 1947 Lah 92) Considering Section 164 of the old Code and Section 5 of the Indian Oaths Act, 1873 the Bench held that a person becomes an accused soon after his