Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

[Landmark Judgement] Union of India v. W.N. Chadha (1993)

1 min read
Landmark Judgment Law Insider (1)

Published on: 24 September 2022 at 09:11 IST

Court – Honourable Supreme Court of India

Citation – Union of India v. W.N. Chadha AIR 1993 SC 1082

Hon’ble Supreme Court of India has held that Letter Rogatory is a request by one court of another court in an independent jurisdiction, that a witness be examined upon interrogatories sent with the request. The medium whereby one country, speaking through one of its courts, requests another country, acting through its own courts and by methods of court procedure peculiar thereto and entirely within the latter’s control, to assist the administration of justice in the former country.

Para – 61

It is clear from the above meaning of the said expression that ‘Letter Rogatory’ is a formal communication in writing sent by a Court in which action is pending to a foreign Court or Judge requesting that the testimony of a witness residing within the jurisdiction of that foreign Court may be formally taken thereon under its direction and transmitted to the issuing Court making such request for use in a pending legal contest or action.

This request entirely depends upon the comity of Courts towards each other, that is to say, on the friendly recognition accorded by the Court of one nation to the laws and usages of the Court of another nation.

Drafted By Abhijit Mishra

Key Words – Letter Rogatory, Testimony, Jurisdiction.