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    <title>2011 (8) TMI 1356 - CHHATTISGARH HIGH COURT</title>
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    <description>Former testimony is admissible under Section 33 of the Indian Evidence Act when the witness is unavailable, the earlier proceeding involved the same parties or their representatives in interest, cross-examination was available, and the issues were substantially the same; the deceased witness&#039;s prior statement was therefore treated as admissible. Section 165(7)(b) of the Chhattisgarh Land Revenue Code was applied to later sale deeds of service land, so prior Collector permission was required for post-commencement transfers and its absence rendered the alienations invalid. A later suit was not barred by res judicata where the earlier decree did not decide the plaintiff&#039;s asserted title as adopted son, and the claim arose only after the relevant death.</description>
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    <pubDate>Wed, 03 Aug 2011 00:00:00 +0530</pubDate>
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      <title>2011 (8) TMI 1356 - CHHATTISGARH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=299220</link>
      <description>Former testimony is admissible under Section 33 of the Indian Evidence Act when the witness is unavailable, the earlier proceeding involved the same parties or their representatives in interest, cross-examination was available, and the issues were substantially the same; the deceased witness&#039;s prior statement was therefore treated as admissible. Section 165(7)(b) of the Chhattisgarh Land Revenue Code was applied to later sale deeds of service land, so prior Collector permission was required for post-commencement transfers and its absence rendered the alienations invalid. A later suit was not barred by res judicata where the earlier decree did not decide the plaintiff&#039;s asserted title as adopted son, and the claim arose only after the relevant death.</description>
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      <pubDate>Wed, 03 Aug 2011 00:00:00 +0530</pubDate>
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