Understanding Affidavits in the Supreme Court of India

Article of Affidavit in the Supreme Court of India

IN THE SUPREME COURT OF INDIA

S.L.P CIVIL NO.______/2023

IN THE MATTER OF:

______ Kumar,

…Petitioner

VERSUS

______ Rai & Ors,

…Respondents

AFFIDAVIT

I, _____ Kumar, S/o. Late Sh. ______ Ram, aged about ____ years, residing at Ground Floor, Amar Colony, Lajpat Nagar-IV, New Delhi, solemnly affirm and state as follows:

  1. I am the petitioner in the present case and am fully acquainted with the facts of the case, thereby competent to depose to this affidavit.
  2. The accompanying application for deleting the party has been prepared by my counsel based on my instructions. I confirm that the contents of the application have been read over and explained to me in vernacular language, and I assert that they are true and correct.
  3. The contents of the application referred to above are to be considered an integral part of this affidavit and are not reiterated herein for the sake of brevity.

DEPONENT
[Signature]

VERIFICATION:

Verified at New Delhi on this ____ day of December 2023 that the contents of the above affidavit are true and correct to the best of my knowledge, and no material fact has been withheld therefrom.

DEPONENT
[Signature]

This article explores the role of affidavits in Supreme Court proceedings, using a draft affidavit as an example.

What is an Affidavit?

An affidavit is a sworn statement made outside of court, used as evidence in legal proceedings. The deponent (person making the affidavit) affirms the truthfulness of the content, similar to taking an oath in court. Affidavits hold legal weight and any false information can be considered perjury, a criminal offense.

The Affidavit in the Supreme Court

The provided draft affidavit is likely for a case in the Supreme Court of India. Here’s a breakdown of its key elements:

  • Case Details: The affidavit identifies the case using the Special Leave Petition (SLP) number and year (e.g., SLP Civil No./2023). It also details the petitioner ( Kumar) and respondent(s) (____ Rai & Ors).
  • Deponent Information: The affidavit identifies the deponent by name, father’s name, age, and address.
  • Content: The affidavit states the deponent’s competency (being the petitioner and familiar with the case) and verifies the accompanying application (likely requesting deletion of a party). The deponent confirms understanding the application’s content (read and explained) and affirms its truthfulness.

Verification:

The affidavit concludes with verification, including the date, location (New Delhi), and the deponent’s signature (not included in the draft). The deponent confirms the information’s truthfulness and completeness.

Importance of Affidavits:

Affidavits allow individuals to submit sworn statements without appearing in court. They can be crucial for presenting evidence or making legal arguments.

Disclaimer:

This article provides general information and should not be considered legal advice.

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