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Showing posts with label affidavit. Show all posts
Showing posts with label affidavit. Show all posts
Sunday, 29 December 2024

Delhi HC: Award Is Time-Barred U/S 34(3) Of Arbitration Act Due To Petitioner's Failure To Confirm Award Receipt On Affidavit

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 In this case, there is a specific instruction for the Administrative Assistant to the Tribunal to serve a copy of the award. Other than the...
Sunday, 3 November 2024

Maharashtra Govt clarification dated 30-10-2024: No stamp duty is applicable on affidavits and declarations before any Govt. authority.

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  Vide notification dated 1.7.2004 Govt of Maharashtra had exempted stamp duty on affidavits and declarations before any Govt. authority. Ho...
Friday, 23 August 2024

Orissa HC: Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings

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  The Hon'ble Chief Justice of India, vide D.O. letter No. CJI/CC/Comp/2014/1405 dated 03-10-2014, issued a circular, that was later cir...
Tuesday, 11 October 2022

Is Affidavit Mandatory For Application Seeking Leave To Defend Under Sec 43(4) of Maharashtra Rent control Act?

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 In view of the above, Section 4 of the Limitation Act could rescue the petitioner, as 24/11/2019 was a Sunday and even 23/11/2019 was a non...
Saturday, 23 July 2022

Can the court accept the applicant's affidavit regarding their residential proof in proceeding U/S 125 of CRPC?

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  To summarize : Chapter XXXVI of the Code of Criminal Procedure providing for maintenance of wives and children intends to serve a social p...
Sunday, 20 February 2022

Supreme Court reiterates that Magistrate shall not entertain applications U/S 156 of CRPC unless it is supported by Affidavit

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  We have already indicated that there has to be prior applications under Sections 154(1) and 154(3) while filing a petition under Section 1...
Sunday, 13 February 2022

Should competent authority under rent law accept an application for leave to defend if it is not on the affidavit?

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 Though the learned advocate for the petitioner, at first blush, would appear to be right in placing reliance upon Section 4 of the Limitati...
Sunday, 12 December 2021

Whether court can issue process in cheque dishonour case only on the basis of affidavit of complainant?

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Recently, Constitution Bench of Hon'ble Supreme Court In Re.: Expeditious Trial of Cases Under Section 138 N.I. Act 1881 reported in [AI...
Tuesday, 2 November 2021

Whether court can permit election petitioner to cure a defect in verification or in affidavit in Election petition?

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   It is thus beyond any pale of doubt that the allegations of corrupt practice made in the election petition have to be supported by an aff...
Sunday, 22 August 2021

Should the investigating officer make the application on affidavit to court to issue a proclamation order against the accused?

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    As far as the legal position is concerned, if the accused evades the arrest during the investigation, no doubt the Investigating Officer...
Sunday, 6 December 2020

Delhi High Court directs filing of income affidavit of convict, Victim Impact Report for grant of compensation to victim

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Victimology 156.  Victims are unfortunately the forgotten people in the criminal justice delivery system. Victims are the worst sufferers. V...
Wednesday, 11 November 2020

Questions and answers on law part 13

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Q.1:-  Under which circumstances prosecution can adduce evidence on affidavit? Ans:- Normal rule is that Court should record every evidence ...
Friday, 26 June 2020

Guidelines of Karnataka HC regarding necessary averments to be made in an affidavit filed in support of complaint under S 156 of CRPC

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In the said decision  Priyanka Sreevatsa & another Vs. State of Uttar Pradesh  noted supra, the apex Court has specifically considere...
Sunday, 13 October 2019

Whether subsequent event in eviction suit on ground of bonafide need can be brought on record by way of affidavit?

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The facts sought to be brought on record do not, in fact, create a fresh cause of action but support the existing cause of action on the b...
Wednesday, 29 May 2019

Whether court can allow cross examination of deponent of application for restitution of property?

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  The adjudication of an application under Section 144 of CPC conclusively determines the rights of the parties with regard to the matter ...
Saturday, 27 April 2019

Whether filing of false affidavit before court amounts to contempt of court?

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 It has been held in the case of Hiralal Chawala and Anr. v. State of U.P. and Ors. MANU/SC/0432/1990 : [1990]1SCR325 that filing of false...
Sunday, 3 February 2019

Whether accused in cheque dishonour case can lead evidence on affidavit?

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On the other hand, the view taken and the directions issued in a more recent decision of the Apex Court, in the case of Indian Bank Assoc...
Wednesday, 26 December 2018

Whether departmental enquiry can be initiated against judicial officer in absence of complaint on affidavit?

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In the context of the challenge raised in the above Petitions, the issue that arises is as regards the power of the Disciplinary Authori...