Letter rogatory - Indian Laws - General

Expression letter rogatory The lexical meaning of the word rogatory is given in Webster s Encyclopedic Unabridged Dictionary of the English Language as follows: pertaining to asking or requesting Collins English Dictionary gives the meaning of the word rogatory as under: (esp. in legal contexts) seeking or authorised to seek information Black s Law Dictionary (sixth Edition) at page 905 defines the expression letter rogatory as follows: A request by one court of another court in an independent jurisdiction, that a witness be examined upon interrogatories sent with the request. The medium whereby one country, speaking through one of its courts, requests another country, acting through its own courts and by methods of court procedure peculiar thereto and entirely within the latter s control, to assist the administration of justice in the former country. A formal communication in writing, sent by a court in which an action is pending to a court or judge of a foreign country, requesting that the testimony of a witness resident within the jurisdiction of the latter court may be there formally taken under its direction and transmitted to the first court for use in the pending action. This process was also in use, at an early period between the several states of the Union. The request rests entirely upon the comity of courts towards each other. UNION OF INDIA AND ANOTHER VERSUS W.N. CHADHA - 1992 (12) TMI 216 - SUPREME COURT