Validity of affidavit sworn before authority not competent


Petitioner's Affidavit is sworn before authority not competent to administered Oath as per the Act, whether petition is liable to be rejected by itself.

 
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Please let me know.

 
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Advocate

The answer is a big fat YES", Petition is liable to be rejected, there are numerous judgments.

 
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Thanks N.K.Assumi, please post me the Judgments in my mail.

 
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Consultant

No, Never, Not, Seldom not. As per Sec. 3 of Indian Evidence Act 1872. ;(
 
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Advocate

Posted check ur e-mail.

 
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Advocate

Rajesh Singh, she said as per the Act, means the petition under which affidavit was to be filed was specified eg, by JMFC/MM/or Notary or commissioner of Affidavit/Oath commissioner, but oath administered by other authority. 

 
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Rajesh Singh, it is election petition, which under the act and rules specified the competent authority for attesting affidavit, but it was attested by other authority not mentioned in the acts and rules.

 

 
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Consultant

Contradiction b/w both response, still no problem. Can be learn later on that subject.
 
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Thanks indeed Assumi N.K., I got the judgments of those High Courts and the Supreme court judgment of 2013.My gratitude in your gmail.

 
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