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Section 138: Power of High Court to require evidence to be recorded in English

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 137 All 158 Sections of Code of Civil Procedure Section 139

Legal Commentary & Landmark Judgments: Section 138

Section 138 empowers the High Court to require evidence in subordinate civil courts to be taken down in English where the judge is sufficiently acquainted with the language.

  • High Court Power to Direct English Records: The High Court may, by notification in the Official Gazette, direct with respect to any judge or class of judges that evidence shall be taken down by them in the English language.
  • Condition of Judicial Proficiency: Applies where the judge is sufficiently acquainted with English.
  • Speedy Trial Mechanism: Enables commercial and complex corporate trials to proceed with English deposition transcripts for immediate appellate use.
Key Landmark Precedents:
  • Kailash v. Nanhku, (2005) 4 SCC 480: Noted the procedural utility of Section 138 in expediting trial evidence recording.
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed that recording depositions in English under Section 138 facilitates appellate review in High Courts.
Courtroom Practice & Strategic Litigation Guidance:

In commercial court trials, request the presiding judge to record depositions in English pursuant to Section 138 notifications to facilitate immediate preparation of appeal paper books.

Section 137 All 158 Sections of Code of Civil Procedure Section 139