https://www.taxtmi.com/caselaws?id=299176 Former testimony from an earlier suit is admissible in later proceedings only on strict satisfaction of the statutory conditions under Section 33 of the Indian Evidence Act: the witness must be dead, unavailable, incapable of giving evidence, kept away by the adverse party, or cannot be produced without unreasonable delay or expense; the earlier and later proceedings must involve the same parties or their representatives, the issues must be substantially the same, and the adverse party must have had a right and opportunity to cross-examine. As the witness was alive and available for examination and cross-examination, those conditions were not met, and the objection to marking the deposition ought to have been upheld. en-us Thu, 18 Oct 2012 00:00:00 +0530 Mon, 06 Dec 2021 11:35:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299176 Former testimony from an earlier suit is admissible in later proceedings only on strict satisfaction of the statutory conditions under Section 33 of the Indian Evidence Act: the witness must be dead, unavailable, incapable of giving evidence, kept away by the adverse party, or cannot be produced without unreasonable delay or expense; the earlier and later proceedings must involve the same parties or their representatives, the issues must be substantially the same, and the adverse party must have had a right and opportunity to cross-examine. As the witness was alive and available for examination and cross-examination, those conditions were not met, and the objection to marking the deposition ought to have been upheld. Case-Laws Indian Laws Thu, 18 Oct 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299176