Recusant Witnesses Act, 1853
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THE RECUSANT WITNESSES ACT, 1853
1[THE RECUSANT WITNESSES ACT, 1853] ACT No. XIX OF 1853
[2nd December, 1853] An Act to amend the Law of Evidence in the Civil Courts of the East India Company in the Bengal Presidency. 1-18. [Repeals; who may be witnesses; manner of summoning witnesses; contents of summons; summons how served; person summoned to produce a document.] Rep. by Act X of 1861.
19. [Witness not a party to suit not bound to produce his own title-deeds.] Rep. by the Indian Evidence Act, 1872 (I of 1872). 20-25. [Privileged communications; punishment for non-compliance with summons.] Rep. by Act X of 1861.
Section 26. Persons absconding, etc, to avoid service of summons, etc., liable for damages
Any person, whether a party to the suit or not, to whom a summons to attend and give evidence or produce a document shall be personally delivered, and who shall, without lawful excuse, neglect or refuse to obey such summons, or who shall be proved to have absconded or kept out of the way to avoid being served with such summons, and any person who, being in Court and upon being required by the Court to give evidence or produce a document in his possession, shall, without lawful excuse, refuse to give evidence or sign his deposition, or to produce a document in his possession, shall 2* * * be liable to the party at whose request the summons shall have been issued, or at whose instance he shall be required to give evidence, or produce the document, for all damages which he may sustain in consequence of such neglect, or refusal, or of such absconding, or keeping out of the way as aforesaid, to be recovered in a civil action. 27-39. [Property of person absconding liable for damages; costs and fines; appeal; postponement of trial; evidence to be taken down; evidence of females; power to require further evidence ; false evidence of parties punishable; deposition by parties not to be used in their own favour; no appeal against order for summons of witnesses.] Rep. by Act X of 1861.
40. [Documents referred to as a material proof to be filed with pleadings.] Rep. by Act X of
1855. 41-44. [Local extent; commencement.] Rep. by Act X of 1861.
_____
Date: 13-09-2024 1Short title given by the Amending Act, 1897 (5 of 1897), Sch. III. 2The words "in addition to any proceedings under this Act, "rep. by the Amending Act, 1891 (12 of 1891).
Print contents from the source
CONTENTS 1. Repeal 2. Repeal 3. Repeal 4. Repeal 5. Repeal 6. Repeal 7. Repeal 8. Repeal 9. Repeal 10. Repeal 11. Repeal 12. Repeal 13. Repeal 14. Repeal 15. Repeal 16. Repeal 17. Repeal 18. Repeal Page 2 of 3 19. Repeal 20. Repeal 21. Repeal 22. Repeal 23. Repeal 24. Repeal 25. Repeal 26. Persons absconding, etc, to avoid service of summons, etc., liable for damages 27. Repeal 28. Repeal 29. Repeal 30. Repeal 31. Repeal 32. Repeal 33. Repeal 34. Repeal 35. Repeal 36. Repeal 37. Repeal 38. Repeal 39. Repeal 40. Repeal 41. Repeal 42. Repeal 43. Repeal 44. Repeal
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Page 1 of 3 THE RECUSANT WITNESSES ACT, 1853 CONTENTS 1. Repeal 2. Repeal 3. Repeal 4. Repeal 5. Repeal 6. Repeal 7. Repeal 8. Repeal 9. Repeal 10. Repeal 11. Repeal 12. Repeal 13. Repeal 14. Repeal 15. Repeal 16. Repeal 17. Repeal 18. Repeal Page 2 of 3 19. Repeal 20. Repeal 21. Repeal 22. Repeal 23. Repeal 24. Repeal 25. Repeal 26. Persons absconding, etc, to avoid service of summons, etc., liable for damages 27. Repeal 28. Repeal 29. Repeal 30. Repeal 31. Repeal 32. Repeal 33. Repeal 34. Repeal 35. Repeal 36. Repeal 37. Repeal 38. Repeal 39. Repeal 40. Repeal 41. Repeal 42. Repeal 43. Repeal 44. Repeal Page 3 of 3 1[THE RECUSANT WITNESSES ACT, 1853] ACT No. XIX OF 1853 [2nd December, 1853] An Act to amend the Law of Evidence in the Civil Courts of the East India Company in the Bengal Presidency. 1-18. [Repeals; who may be witnesses; manner of summoning witnesses; contents of summons; summons how served; person summoned to produce a document.] Rep. by Act X of 1861. 19. [Witness not a party to suit not bound to produce his own titl e-deeds.] Rep. by the Indian Evidence Act, 1872 (I of 1872). 20-25. [Privileged communications; punishment for non -compliance with summons.] Rep. by Act X of 1861. 26. Persons absconding, etc, to avoid service of summons, etc., liable for damages . Any person, whether a party to the suit or not, to whom a summons to attend and give evidence or produce a document shall be personally delivered, and who shall, without lawful excuse , neglect or refuse to obey such summons, or who shall be proved to have abscon ded or kept out of the way to avoid being served with such summons, and any person who, being in Court and upon being required by the Court to give evidence or produce a document in his posses sion, shall, without lawful excuse, refuse to give evidence or sign his deposition, or to produce a document in his possession, shall 2* * * be liable to the party at whose request the summons shall have been issued, or at whose instance he shall be required to give evidence, or produce the document, for all damag es which he may sustain in consequence of such neglect, or refusal, or of such absconding, or keeping out of the way as aforesaid, to be recovered in a civil action. 27-39. [Property of person absconding liable for damages; costs and fines; appeal; postponement of trial; evidence to be taken down; evidence of females; power to require further evidence ; false evidence of parties punishable; deposition by parties not to be used in their own favour; no appeal against order for summons of witnesses.] Rep. by Act X of 1861. 40. [Documents referred to as a material proof to be filed with pleadings.] Rep. by Act X of 1855. 41-44. [Local extent; commencement.] Rep. by Act X of 1861. _____ Date: 13-09-2024 1Short title given by the Amending Act, 1897 (5 of 1897), Sch. III. 2The words "in addition to any proceedings under this Act, "rep. by the Amending Act, 1891 (12 of 1891).
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