The Kerala High Court dismissed a writ petition challenging an order allowing recording of defendant's depositions on tape recorder in a civil suit, holding no fault existed with the equipment failure.
Writ petition dismissed; order permitting tape recording of depositions upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST JUNE 2007 / 31ST JYAISHTA 1929
WP(C).No. 34564 of 2005(M)
-------------------------OS.525/1999 of I ADDL.SUB COURT,ERNAKULAM ....................
PETITIONER:
ABDUL RUSSAK THEMPADATH HOUSE, BEENA ANCHUMANA ROAD, EDAPPALLY, KOCHI - 24
BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP
RESPONDENTS: -------------
GOPALAKRISHNAN NAIR, HARITHA KYTHOTH ROAD, PALARIVATTOM, KOCHI - 25
BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO. 34564/2007
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF PLAINT IN O.S. NO.525/1999 FILED BY RESPONDENT.
EXT.P2: COPY OF I.A. NO.5834/2005 DATED 23.11.2005 FILED BY RESPONDENT.
EXT.P3: COPY OF OBJECTION DATED 24.11.2005 FILED BY PETITIONER.
EXT.P4: COPY OF I.A. NO.3092/2001 DATED 30.6.2001 FILED BY RESPONDENT.
EXT.P5: COPY OF OBJECTION DATED 6.7.2001 FILED BY PETITIONER.
EXT.P6: COPY OF ORDER DATED 26.11.2005 PASSE DBY SUB COURT IN I.A. NO.3092/2001 IN O.S. N525/1999
/TRUE COPY/
PIUS C. KURIAKOSE, J.
W.P.(C) NO. 34564 of 2005
Dated this the 21st day of June 2007
JUDGMENT
Heard Sri. Sadchith P.Kurup, the learned counsel for the petitioner and Sri.P.Suresh, the learned counsel for the
respondent.
WPC No. 34564/2005
2
Challenge against Ext.P6 fails. The writ petition will stand
dismissed.
PIUS C. KURIAKOSE,
JUDGE.
dpk
1 issue framed by the court
Whether the High Court was justified in dismissing a writ petition challenging an order permitting recording of depositions on a tape recorder.
ABDUL RUSSAK THEMPADATH
GOPALAKRISHNAN NAIR
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
