Judgment Search Results Home > Cases Phrase: diplomatic and consular officers oaths and fees act 1948 section 5 trial of offences Page 1 of about 32 results (0.145 seconds)

Jiban Banerjee Vs. the State

Court : Kolkata

Reported in : AIR1959Cal500,1959CriLJ965,63CWN628

..... i have since found that there are similar provisions in section 29 of the central excises and salt act (1 of 1944), section 5 of the diplomatic and consular officers (oaths and fees) act (xli of 1948), section 7 of the foreign recruiting act, (iv of 1874), section 66 of the inland steam vessels act (1 of 1917), section 134 (1) of the railways act (act ix of 1890) and section 72 of the indian stamp act (act ii or 1890). ..... --the decision of the calcutta high court in bisseswar's case : air1924cal1034 , and the decisions of the madras high court, in which the question whether provisions of sections 235 and 239 as regards trial of several offences at the same trial or of several persons at the same trial conferred on a magistrate having jurisdiction to try some of the offences, jurisdiction to try all the offences which under these sections might be tried at the same trial, had been considered and an answer had been given that such jurisdiction was not ..... in which special jurisdiction has been conferred in the sections 178 to 184, and section 188 mentioned above these sections 235 and 239 had used instead of 'may be charged with and tried at one trial', and 'may be charged and tried together', the words 'shall be charged with and tried at one trial'' and the words ''shall be charged and tried together', there would have been great scope for argument that jurisdiction to try all such offences were conferred by necessary implication, as such implication was .....

Susan Leigh Beer Vs. India Tourism Development Corporation Ltd.

Court : Delhi

Reported in : 40(1990)DLT545; 1990RLR366

..... mathur, learned counsel for the defendant, contended that the best course for this court would have been to have the witnesses examined on commission under the provisions of the diplomatic and consular officers (oaths and fees) act, 1948. ..... madan bhatia, barrister at law, learned counsel for the plaintiff brought on record rules 43 and 48 of order 40 of the rules and procedure of the supreme court of queensland and section 12 of foreign tribunals evidence act, 1956 (of australia). ..... : air1971sc61 the supreme court, however, held that section 77 of the code of civil procedure read with section 75 empowered the court to issue a letter of request to any person other than a court to examine witnesses residing at any place not within india and that the power of the court was not subject to any reciprocal agreement between the governments. ..... provisions of this act are not in substitution or even alternative to the provisions of sections 75 to 78 and order 26 of the code of civil procedure which deal with the powers of court to issue commission or letter of request for examination of the witnesses and the manner of their examination. ..... (section 77 of the code) the supreme court in the above said judgment further observed that the question whether the evidence is legally admissible or not could certainly be canvassed at the trial of the case and it was not necessary to go into that question at the time of issuing the commission. .....

Mr. Vinay Jude Dias Vs. Ms. Renajeet Kaur

Court : Delhi

Reported in : AIR2009Delhi70; II(2008)DMC589; 2008(106)DRJ183

..... petitioner has signed the petition before indian consulate high commission of india in uk under section 3(2) of the diplomatic and consular officers (oaths and fees) act, 1947 under which the documents do not require any further evidence. 4. ..... both the parties, by way of affidavits or through counsel, state that they are married, and are able to produce proof of the marriage and that they have been living separately and have not been able to live together for the prescribed period, then there can be no reason as to why the court should not record its satisfaction as envisaged under section 13-b(2) of hindu marriage act, despite the fact that parties had not appeared in person ..... we do not, however, think that that is the consequence of the words 'hearing the parties' and, accordingly, the reason given by the learned trial judge in that behalf cannot be accepted we are also unable to agree that, in a case of divorce by mutual consent, affidavit evidence should be excluded on the ground that in such a case, it is desirable that the parties themselves should be present ..... the learned trial judge does not say that there is anything in the statute or in the rules, which would conflict with the view that affidavit evidence would be permissible, unless we agree with him that the act, having prescribed that the parties should be heard, would necessarily require their personal appearance or presence before ..... the order of the trial court insisting on the personal appearance of the parties is .....

United India Insurance Co. Ltd. Vs. Mrs. Patricia Jean Mahajan and Oth ...

Court : Delhi

Reported in : 2001ACJ1051; 2001IVAD(Delhi)252; 90(2001)DLT533; 2001(58)DRJ668

..... of evidence were not required to be followed to the hilt in adjudication of accident claims and in any case when these income tax returns were certified by consulate general of india, these were admissible in evidence without any proof in terms of section 3(2) of the diplomatic and consular officers (oaths and fees) act, 1947. ..... act as such provides for notarial duties in respect of indian national and gives statutory authority to indian diplomatic and consular officers to administer oaths and to affix seal and signature to attest and ..... reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be imp leaded as a party to the proceeding and the insurer so imp leaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the persons against whom the claim has been made.' 11. ..... because appellant had failed to take any of the statutory defenses available to it under section 149 of m.v.act and thereforee it could not be treated to be a person aggrieved to file this appeal. ..... section 3(2) of this act contemplates that where any such document carried the seal and signatures of the authorised person under the act, it shall be admitted in evidence without proof of the seal or signature being the seal or signature of that ..... merits only in accordance with the procedure and requirements provided by section 170 of mv act. .....

In Re: K.K. Ray (Private) Ltd.

Court : Kolkata

Reported in : AIR1967Cal636,71CWN430

..... the position is made abundantly clear by section 3 of the diplomatic and consular officer (oath and fees) act, 1948 which this court's office missed and which provides inter alia as follows:(1) 'every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions administer any oath and take any affidavit and also do any notarial act which any notary public may do within a state; and every oath, affidavit and, notarial act administered, sworn or done by or before any such person shall be effectual as if duly administered, sworn or done by or before, any lawful authority in a state. ..... and further that there is the certificate of the consulate general of india, an office recognised expressly by section 3 of the indian diplomatic and consular officers (oath and fees) act 1948 to administer oath and take affidavit, then the dependability and authenticity of such notarial act are in my judgment sufficiently ensured and cannot be doubted.33. ..... the fourth difficulty which the office felt was section 4 of the indian oaths act 1873 which inter alia provides that the authority to administer oaths and affirmations is vested in (a) all courts and persons having by law or consent of parties authority to receive evidence, (b) the commanding officer of any military, naval or air force station occupied by troops in the service of the government. .....

Vimal Chandra Golecha Vs. Income-tax Officer and ors.

Court : Rajasthan

Reported in : 1981()WLN263

..... (2) in issuing the notices under section 148 and making the assessment order under section 147 of the act, the respondents relied on photo copies of certain documents which purport to have been attested by one of the indian consular officers abroad acting under section 3 of the diplomatic and consular officers (oaths and fees) act, 1948. ..... in addition to this multiple relief, the petitioner also prayed for a declaration that sections 147 and 148 of the act and section 3 of the diplomatic and consular officers (oaths and fees) act, 1948, are unconstitutional and, therefore, null and void.2. ..... the respondents denied that sections 147 and 148 of the act and section 3 of the diplomatic and consular officers (oaths and fees) act, 1948, are violative in any manner of the provisions of arts. ..... after hearing the petitioner's counsel at length, we find no substance at all in the petitioner's challenge to the constitutionality of sections 147 and 148 of the act and section 3 of the diplomatic and consular officers (oaths and fees) act, 1948. ..... thus, the challenge to the constitutionality of section 3, diplomatic and consular officers (oaths and fees) act, 1948, also fails.23. ..... similarly, there is no force in the argument that section 3, diplomatic and consular officers (oaths and fees) act, 1948, is unconstitutional. .....

Vimal Chandra Golecha Vs. Income-tax Officer, Central Circle-i, and Ot ...

Court : Rajasthan

Reported in : (1982)25CTR(Raj)175; [1982]134ITR119(Raj)

..... if the document is otherwise relevant and proved according to law, its photo copy can be admitted in evidence provided such copy is duly authenticated in the manner prescribed by the diplomatic and consular officers (oaths and fees) act, 1948.before concluding the discussion on this point, we may add that in making an assessment, the ito does not act merely on what is technically described as 'evidence' in the indian evidence act. ..... counsel for the petitioner attacked the constitutionality of this section mainly on the ground that it arbitrarily dispenses with the formal proof of a document, as required by the indian evidence act, and thus enables a court to admit an unproved document merely on the strength that it bears the authenticating seal and signatures of a diplomatic or consular officer. ..... section 3(2) lays down that a document purporting to have been authenticated in the manner prescribed and bearing a seal of such diplomatic or consular officer shall be admitted in evidence without proof of the seal or signature of the officer concerned or of the official character of that person. ..... section 3(1) confers power on the indian diplomatic and consular officers in foreign countries to administer any oath and do any notarial act which any notary public may do within a state and every oath so administered and notarial act so done shall be as effectual as if duly administered or done by any lawful authority in a state. .....

Jaldhi Overseas Pte Ltd. Vs. Bhushan Power and Steel Limited

Court : Kolkata

..... act are in my judgment sufficiently ensured ..... that this notarial act of elizabeth levy has been certified by the county clerk and by the clerk of the supreme court of new york, the court of record under its seal, and when i find that this notary public is authorised to administer oath by the laws of the state of new york, u.s.a.and further that there is the certificate of the consulate general of india, an office recognised expressly by section 3 of the indian diplomatic and consular officer (oaths and fees) act, 1948, to administer oath and take affidavit, then the dependability and authenticity of such notarial ..... it is also significant to note that section 3 of the diplomatic and consular officers (oaths and fees) act, 1948, gives power to every diplomatic or consular officer, in any foreign country to administer any oath and take any affidavit and also do any notarial act which any notary public do within a state. in re: k. .....

Naveen Goel Vs. Commissioner of Customs(Port) and Anr.

Court : Kolkata

..... the position is made abundantly clear by section 3 of the diplimatic and consular officer (oath and fees) act, 1948 which this court s office missed and which provides inter alia as follows: (1) every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions administer any oath and take any affidavit and also do any notarial act which any notary public may do within a state; and every oath, affidavit and, notarial act administered, sworn or done by or before any such person shall be effectual as if duly administered, sworn or done by or before, any lawful authority ..... under the provisions of diplomatic and consular officers (oaths and fees) act, 1948 (act 41 of 1948).authorities specified therein have been conferred with notarial power as also the power to administer oath. ..... the enactment on which the appellant has placed reliance to sustain his stand that the affirmation of the affidavit in support of the petition is in order for being registered is the diplomatic and consular officer (oath and fees) act, 1948. ..... -(1) every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions, administer any oath and take any affidavit and also do any notarial act which any notary public may do within [a state]. .....

Shrimati Lakhwinder Kaur and ors. Vs. Sadar Anjuman Ahmediyya Qadian a ...

Court : Punjab and Haryana

..... the diplomatic and consular officers oath and fees act, 1948, the consular officer is defined to include consul general, consul, vice consul, consular agent, proconsul and any other person authorised to perform the duties of consul general, consul, vice consul and consular agent ..... of the defendant/appellants, that authentication under section 85 of the evidence act, was not mere attestation but means that the person authenticating is to assure himself, of the identity of the person, who had signed the instrument as well as the fact of execution was rejected for the said reason, that the presumption under the diplomatic or consular officers oath and fees act, unless rebutted, stands and the document could be admitted in evidence. ..... the learned lower appellate court also referred to section 3 of the act to hold, that every diplomatic or consular officer in any foreign country, or a place where he is exercising his function, administer any oath and take any affidavit and also do any notarial act which any notary public may do within a ..... the learned trial court considered the provisions of section 74 as well as section 78(6) of the evidence act, and held that the document ex.pw6/a was neither certified by the notary public nor by any legal keeper thereof, furthermore the indian embassy had not appended the ..... the learned trial court held, that under section 11(1), it was within the competence of the central government, to exercise the jurisdiction to appoint trustees in place of evacuee .....