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Report No. 88

10.18. Procedural aspects.-

As to procedural aspects, in Conway v. Rimmer, 1968 AC 919 (971) (Lord Morris of Borth-y-gest), it was specifically and positively laid down that whenever an objection is made to the production of a relevant document, it is for the court to decide whether to uphold the objection. It was also held that the inherent power of the court must include a power to ask for a clarification or amplification of an objection to production, though the court will be careful not to impose (at that stage) a requirement which could only be met by divulging the very matters to which the objection related. Further, the power of the court must also include a power to examine documents privately though that power should in practice be sparingly exercised. Finally, as Lord Morris of Borth-y-gest observed: "I see no difference in principle between the consideration which should govern what have been called the contents cases and the class cases."1

1. Cf. para. 10.16, supra.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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