Affidavit examination in chief

jagadish paranjape (Querist) 18 January 2016 This query is : Resolved

In complaint under Unfair Labour Practices Act,the complainant has admitted in his cross examination that he does not know the contents of his evidence Affidavit.
What would be the effect on his complaint.
Some case law would be appreciated.
Regards,
Jagadish D. Paranjape Adv.

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ROHIT SHARMA (Expert) 18 January 2016
Dear Jagadish D. Paranjape Adv.
1. By such statement made by the complainant during his cross examination that he is not conversant with the facts and details contended in his affidavit then at the stage of oral written arguments it can be stressed upon that this then becomes an admission of relevant fact that can be admitted as an evidence under s. 14 of the I.E.Act, 1872 as it signifies the state of mind of the deponent in cross examination and hence if he as such was not aware of the facts and details contended in the affidavit made by him then obviously he is not conversant with the facts and details contended in his affidavit and the verification of the affidavit singed by make him liable for penal action u/s 205 ( False personification for purpose of act or proceedings in suit or prosecution) of I.P.C. and the suit can be dismissed on such grounds.

Devajyoti Barman (Expert) 18 January 2016
I d not think you require any case laws as his statements is damaging enough to make his own evidence untrustworthy and untenable.