Thus, while considering the aforesaid discussion, this court is of the view that Court can allow evidence on affidavit in its discretion and while considering the aims and objects of the D.V. Act including the scope of Section 28(2), court can deviate from procedure mentioned under Sub Section (1) of Section 28 read with Rule 6(5) and devise its own procedure which would include permitting evidence by way of an affidavit and thus, the learned trial court as well as learned first appellate court have not committed any error in passing impugned orders and therefore, both the impugned orders are ordered to be confirmed.{Para 10}
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/Special Criminal Application No. 1303 of 2023
Decided On: 26.04.2023
Samirkumar Chandubhai Joshi Vs. State of Gujarat
Hon'ble Judges/Coram:
Samir J. Dave, J.
Citation: MANU/GJ/0669/2023.
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