Section 693 in Rules of the High Court of Judicature for Rajasthan, 1952
693. Use of deposition taken at public examination.
- The verified notes of the deposition of any person examined under [section 196] [Companies Act 1913 repealed by Act No. 1 of 1956. section 196 of the old Act is analogous to section 478 the new Act.] of the Act shall be admissible in evidence in any subsequent proceeding arising out of an application referred to in rule 692 under the following circumstances and conditions namely:-(1)That it appears from the examination of the persons examined under [section 196] [Companies Act 1913 repealed by Act No. 1 of 1955. section 196 of the old Act is analogues to section 478 of the new Act.] of the Act that they or some of them had misapplied or retained or become liable or accountable for monies or property of the company or been guilty of misfeasance or breach of trust in relation to the company.(2)That the subsequent proceeding is instituted for the purpose of examining into the conduct of such persons or any of them for instituting criminal proceedings against them or any of them or compelling repayment or restoration to the company of any monies or property or contribution by way of compensation to the assets of the company by them or any of them.(3)That the use of such notes shall be subject to any direction of the Court as to the manner and extent in and to which they shall be used and to all just exceptions as to the admissibility in evidence against any particular person or persons of any of the statements contained in the notes.(4)That the person against whom such notes are sought to be used was present at or had the opportunity of being present at and taking part in the examination.(5)That the person intending to use such notes shall have, not less than fifteen days before the day appointed for hearing the application referred to in rule 692, given notice of such intention to each person against whom it is intended to use such notes specifying the notes or parts thereof which it is intended to read against him, and furnish him with copies of such notes or parts of such notes, unless the notes be of that person's own deposition.(6)That the person against whom the application is made shall be at liberty to cross-examine or examine, as the case may be, any person the notes of whose examination are read, in all respects as if such person had made an affidavit on the application.Section -HWitnesses and Depositions
