Vol. 2 No. 7

December 2003

Legal Folder
  'No objection in accepting evidence of a child witness'

New Delhi - November 1, 2003 - The Supreme Court has held that "there is no obstacle in the way of accepting the evidence of a child witness if a trial court could come to a conclusion that there is an impress of truth in it." The Bench giving the ruling, however, cautioned the trial courts to ensure that such child witnesses were not tutored as they were amenable to tutoring and often lived in a world of make-beliefs. The Bench said the decision on the question whether the child witness had sufficient intelligence primarily rested with the trial judge "who notices his manners, his apparent possession or lack of intelligence and the said judge may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligation of an oath.

The Hindu - November 2, 2003.

Evidence through video conferencing

New Delhi - November 4, 2003 - On the basis of direction of the National Consumer Disputes Redressal Commission, a consumer court in Kolkata will record evidence through video conferencing in a Rs.77.70 crore dispute. The US-based Doctor Kunal Saha had blamed Dr. Sukumar Mukherjee and others of Kolkata for alleged wrongful death of his wife on May 28, 1998 when she was in India. Lower court found them guilty of criminal negligence and an appeal is pending in the Kolkata High Court. Agreeing to the request of Dr.Kunal Saha, the National Commission for Compensation directed the West Bengal District Forum to make arrangements for the video/internet conferencing between the US and the court room in India.

The Hindu - November 5, 2003.


Food For Thought

If you want to win a man to your cause, first convince him that you are his sincere friend.

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"Thousands of candles can be lighted from a single candle, and the life of the candle will not be shortened. Happiness never decreases by being shared."

- Buddha

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I would rather fail in a cause that will ultimately triumph than to triumph in a cause that will ultimately fail.

Woodrow T. Wilson
(1856-1924, Ex-President of the USA)