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prof s c pratihar ( urologist &legal studies)     18 August 2008

evidence by professional

   to sir/madam

                        kindly enlight whether letter written by a govt pleader while discharging his official as well as professional duties since deceasedcan be accepted by a court of law in the meaning of section 32 of evidence act. drscpratihar@yahoo.co.in



 4 Replies

Satyaprakash Sharma (Advocate & Legal Consultant)     19 August 2008

 Section 32 of Evidence Act, provides as follows:

"32. Case in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant - Statements, written or verbal, of relevant facts made by a person who is dead [...], are themselves relevant facts in the following cases -

(2) [...] made in course of business - When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; [...]."

On perusal of above provision, it would be clear that letter written Govt. Pleader may be considered evidence within the meaning of section 32 provided-

1) Letter must contain statement if deceased Govt. Pleader pertaining to relevant fact; and

2) It must have been issued in the ordinary course of business or in discharge of his professional duty.

prof s c pratihar ( urologist &legal studies)     19 August 2008

dear mr satyaprakash

                                              grateful for yr clear expression&discussion so far evidenciary value of deceased professional is concerned.drscpratihar

K.C.Suresh (Advocate)     20 August 2008

'Truth' said Mathew Arnold, 'sits upon the lips of a dying man'.

Shakespeare, great writer of the sixteenth century, through one of his characters explained the basic philosophy thus;

"Have I met hideous death within my view, Retaining but a quantity of life, Which bleeds away, Even as a form of wax, Resolveth from his figure, Against the Fire? What is the world should Make me now deceive, Since I must lose the use of all deceit? Why should I then be false, Since it is true That I must die here, Live hence by truths?" *

(King John, Act V, Sect. IV)

The Great poet also said at another place;

"Where words are scarce, They are seldom spent in vain; They breathe the truth, That breathe their words in pain". *

(Richard II)

 Two conditions are to be satisfied i.e., relevent fact and course of official duty.

prof s c pratihar ( urologist &legal studies)     20 August 2008

"to be or not to be that is the question"----dear mr suresh  i do appreciate yr poetic coverage of answer coupled with absolute legal conclusion.you sl thrush aside allhurdles to come up.drscpratihar

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