M'Corquodale Petitioner [1923] ScotLR 510 (08 June 1923)

M'Corquodale Petitioner [1923] ScotLR 510 (08 June 1923)

The Court held that, since the request for appointment of the Sheriff or Sheriff-Substitute came from the party and not the Indian court, and in line with established practice, a commission should be granted to a member of the Bar rather than to a Sheriff or Sheriff-Substitute.

Citation
[1923] ScotLR 510
Parties
Petitioner: Alexander Croal M'Corquodale, solicitor, Carnoustie, attorney for the Comptoir National d'Escompte de Paris, Bombay, India; Party to Indian Proceedings: Comptoir National d'Escompte de Paris, Bombay, India; Opposing Party in Indian Proceedings: R. G. Bansal & Company, Agra
Jurisdiction
Scotland
Judgment Date
08 June 1923
Procedural Posture
Petition / Application for Commission to Take Evidence
Outcome
petition granted in part
Legal Topics
Evidence by Commission, Examination of Witnesses, Letters of Request, Foreign and Dominion Courts
Civil Procedure International Judicial Cooperation Evidence by Commission Examination of Witnesses Letters of Request Foreign and Dominion Courts

Case Brief

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Parties

Alexander Croal M'Corquodale, solicitor, Carnoustie, attorney for the Comptoir National d'Escompte de Paris, Bombay, India

Petitioner

Comptoir National d'Escompte de Paris, Bombay, India

Party to Indian Proceedings

R. G. Bansal & Company, Agra

Opposing Party in Indian Proceedings

Procedural Posture

Petition / Application for Commission to Take Evidence

Legal Issues

  1. 1 Whether the Scottish Court should appoint the Sheriff or Sheriff-Substitute as commissioner to take evidence for an Indian court under the Evidence by Commission Act 1859
  2. 2 Whether the application differs in principle from applications under the Foreign Tribunals Evidence Act 1856

Ratio Decidendi

The Court held that, since the request for appointment of the Sheriff or Sheriff-Substitute came from the party and not the Indian court, and in line with established practice, a commission should be granted to a member of the Bar rather than to a Sheriff or Sheriff-Substitute.

Court Disposition

petition granted in part

Orders

  • Commission granted to Lord Kinross, Advocate, to take the evidence of the witness named in the petition.