Saturday, 11 August 2012
Video conferencing can be used in civil cases subject to conditions
Examination of witnesses in criminal cases, through video conferencing was approved by the Supreme Court in a judgment reported in State of Maharashtra v. Dr. Praful B. Desai 2003 (2) ALT (Crl.) 118 (SC). When such is the facility accorded in criminal cases, there should not be any plausible objection for adopting the same procedure, in civil cases as long as the necessary facilities, with assured accuracy exist. In Twentieth Century Fox Film Corporation v. NRI Film Production Associates (P) Ltd. . and Amitabh Bagchi v. Ena Bagchi . High Courts of Karnataka and Calcutta held that recording of evidence through video conferencing is permissible in law, provided that necessary precautions must be taken, both as to the identity of the witnesses and accuracy of the equipment, used for the purpose. Certain guidelines were indicated therein. The party, who intends to avail such facility, shall be under obligation to meet the entire expenditure.
Andhra High Court
Bodala Murali Krishna vs Smt. Bodala Prathima on 11 October, 2006
Equivalent citations: 2007 (2) ALD 72, 2007 (1) ALT 237