8. Memorandum when evidence not taken down by Judge.- Where the evidence is not taken down in writing by the Judge, or from his dictation in the open court, or recorded mechanically in his presence, he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record.
HIGH COURT AMENDMENTS
Allahabad.- In Order XVIII, Rule 8 - Substitute the words “the Judge or typed to his dictation, shall be signed by him” for the words “and signed by the Judge” occurring towards the end of the rule. (19.5.1958). Explanation - However, to matters outside Greater Bombay, the State of Goa and the Union Territories of Daman and Diu and Dadra and Nagar Haveli and from which there is no first appeal to the High Court the depositions given by the witnesses shall be recorded only in Marathi or in English where the witness deposes in English. In such matter it is not necessary to maintain memorandum as mentioned in the rule— (31.12.1987). Bombay.- In Order XVIII for Rule 8 substitute- “8. Memorandum when evidence not taken down by Judge.— Where the evidence is not taken down in writing by the Judge. he shall be bound as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written or dictated and signed by the Judge and shall form part of the record. Exception - However in matters outside Greater Bombay, the State of Goa and the Union Territories of Daman and Diu and Dadra and Nagar Haveli and from which there is no first appeal to the High Court the depositions given by the witnesses shall be recorded only in Marathi or in English where the witness deposes in English. In such matter it is not necessary to maintain memorandum as mentioned in the Rule. (31.12.1987). Calcutta Andaman and Nicobar Islands.- Omit Rule 8. (6.7.1967). Punjab and Haryana.- In sub-rule (1) of Rule 8, insert the words “or from his dictation” between the words “in words by the Judge” and the words “he shall be bound” occurring towards the beginning of the sub-rule. In sub-rule (ii) of Rule 8, for the words “and signed by the Judge” substitute “by the Judge or typed to his dictation, shall be signed by him.” (Vide G.S.R. No. 153/CA. 5/1908/74).
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