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(1946) 1 MLJ 125 (PC)
PRIVY COUNCIL
Present : Lord Goddard, Sir Madhavan Nair and Sir John Beaumont, JJ.
Case Number(s) : P.C. Appeal No. 81 of 1944.
Judgement Date :
Tuesday 03rd of July 1945
| Chainchal Singh | .....Appellant(s) | | Versus | | | King-Emperor | .....Respondent(s) |
Evidence Act (I of 1872), section 33 — Admission of previous statement of witness — Witness incapable of giving evidence — Recourse to section 33 — Strict proof of incapacity necessary — Duty of Court — Consent of party — If and when can dispense with such proof — Physical incapacity — Medical evidence — If always necessary — Privy Council practice — Interference on ground of misreception of evidence — Principe governing.
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