LAWS(KER)-1962-12-31

KUNJANAM ANTONY C KALLIATH Vs. STATE OF KERALA

Decided On December 07, 1962
KUNJANAM ANTONY C.KALLIATH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Civil Petition has been filed by the first respondent in Land Acquisition Case No. 34 of 1959 against the order of the Subordinate Judge of Irinjalakuda declining to order the Collector to produce the valuation statement and report made by the Revenue Inspector in the above case. On summons being received the Collector claimed privilege and the question for decision is whether the protection claimed under S.124 of the Evidence Act is legally sustainable.

(2.) S.124 of the Evidence Act reads:

(3.) The words "official confidence" used in S.124 have been the subject matter of several decisions. The true import of the expression was considered by a Division Bench of the Madras High Court in Nataraja Pillai v. Secy. of State ( AIR 1915 Mad. 1113 ). After an exhaustive review of the case law, Oldfield, J., observed as follows: