604 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
§ Exceptions contained in Section 33.
- When a person is dead, or cannot be found, or is incapable of giving evidence or is kept out of the way by the adverse party or if his presence cannot be obtained without unreasonable delay on expense then
the Evidence given by such a person as a witness in a former judicial proceeding or before any person authorised by law to take it,
can be tendered in a subsequent judicial proceedings or in a later stage of the same judicial proceedings to prove the truth of the facts which it states.
PROVIDED
(i) That the proceeding was between the same parties or their representative in interest
(ii) That the adverse party in the first proceeding had the right and opportunity to cross examine
(iii) That the questions in issue were substantially the same in the first as in the second proceeding, (Further portion not forthcoming—ed.)
35 § Entries in any book, register or record
1. Conditions of admissibility.
(i) Two classes of entries are contemplated by the section, (a) By public servants and (b) by persons other than public servants. If it is by a public servant then it must be in the discharge of his official duty. If it is by persons who are not public servants then the duty to make the entry must have been specially enjoined by the law. The former is as a matter of course. The latter is as a matter of special direction.
(ii) The book, register or record must be either public or an official one.
Official does not mean maintained for the use of the office. It means maintained by the State as distinguished from anything maintained by a private individual.
Public means for the use of the public. Public does not mean open to every one. It means open to every one having a concern to it. 18 Cal. 584.