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Affidavit from first class magistrate

(Querist) 30 December 2017 This query is : Resolved 
Hello sir,
I want my only girl child to get admission in KV Bangalore,which needs aafidavit from first class magistrate... can I get affidavit from magistrate living in Tamil nadu. Or need to get online from Bangalore...pl help me to understand who is first class magistrate,is it difficult to get the certificate...pl help
Ms.Usha Kapoor (Expert) 30 December 2017
Since Chennai is a Metro you can get a valid Affidavit from Metropolitan for your Daughter's school admission. or some other town where Judicial 1st class Magistrate works you can get affidavit from him/
Ms.Usha Kapoor (Expert) 30 December 2017
If you appreciate my answer please cl9ck like or likes.
N.K.Assumi (Expert) 30 December 2017
Yes, it will be valid, provided the 1st Class Judicial Magistrate is empowered by the State Government to administered oath in affidavit according to the law of the land. If you are not sure of this legal position get it from .Notary Public of your area.
R.Ramachandran (Expert) 30 December 2017
First indicate what will be the content of the Affidavit or what the Affidavit will say. The answer to your query will be based on that information.
Anything from Notary public will be of no use in this case.
N.K.Assumi (Expert) 30 December 2017
According to the Indian Laws, an affidavit can be used to prove a fact in a court of law provided the court orders it. Since affidavits are not included in the definition of ‘Evidence’ in the Indian Evidence Act, they can be used as evidence only when the court finds it reasonable to invoke the provisions of order XIX of the Civil Procedure Code. This provision is however subject to the right of the opposite party to produce the deponent for cross verification.Affidavit in court. In this context I would like to stressed that all judges and judicial officers possess limited jurisdictions, and can not do anything outside their jurisdictions not provided by Law.
In our country there is no court of universal jurisdiction in the sense in which the High Court of England is. The jurisdiction of our Supreme Court is prescribed by the Constitution. The Constitution also provides how the jurisdiction of High Courts is to be prescribed. Jurisdiction of other courts is to be found in the statutes setting them up. Thus, in our country all courts are in the sense, courts of limited jurisdiction.
R.Ramachandran (Expert) 30 December 2017
Dear Mr. Assumi,
In this LCI I find that the Experts either complicate the issue/matter or make it over simplistic. Never address the issue in a simple straight way.
In the instant case, the querist is in need of an Affidavit from First Class Magistrate. (Probably to certify that the child - candidate for admission in the KV is resident of that particular locality for some specified of time etc. etc.) When such is the case and when an Affidavit of First Class Magistrate is sought, where is the question of Notary Public giving any Affidavit. Please recognise, it is not the question of attesting Affidavit, but giving the Affidavit! There is a vast difference between the two, which I hope you understand.
N.K.Assumi (Expert) 30 December 2017
Affidavit in question is for the purpose of admission in KV Bangalore, not for proving a fact in the court.Please note that a Judicial Magistrate First Class/MM can not administered oath in affidavit even in a case under section 145 CrPc, and only a magistrate in sesin of the case can administered oath in such affidavit.
R.Ramachandran (Expert) 30 December 2017
Dear Mr. Assumi, If you are determined not to see my point, I have no issues. I leave it to your wisdom.
N.K.Assumi (Expert) 30 December 2017
Ramachandra Sir, there is complete disarray in execution of Affidavit in the Country, this is because affidavit outside the court is mostly before those authority, who are not aware of the Laws of Affidavit, and on the other hands judicial officers take up these matters very casually without application of their judicial mind, and that is the main problems.In some Universities, colleges and schools they direct affidavits to be sworn only before a FCJM/MM, while some authority like Army/Pension/AG etc directs affidavit to be sworn only before JMFC and notarized etc affidavit are not accepted, as if they are the law makers to execute affidavits, and some Magistrates fails in their judicial functions to guide the public in this matters. As far as the Laws of Affidavits is concern, the laws on these scores is clear, and only proper implementations is required to avoid unnecessary harassment to the public at large, preferably by the Supreme Court to all the Chief Secretaries and others, in stream lining the execution of Affidavits in the country. i am glad you and Usha have responded to this important issues.
R.Ramachandran (Expert) 30 December 2017
I am waiting to hear from the Querist the reply to my question to her.
P. Venu (Expert) 30 December 2017
Is it Judicial First Class Magistrate or an Executive Magistrate? Such forms generally require the affidavit to be signed before an Execute Magistrate not the Judicial Magistrate. Please verify.

Moreover, why this affidavit? Admission to KV could be applied online; no such certificate is insisted.
N.K.Assumi (Expert) 30 December 2017
P.Venu Sir, that is exactly the problems. Affidavits are executed as per Laws laid down by the Parliament by conferring duty and power on different authorities to administered oath in affidavits which are executed in Non Judicial stamp papers, should JMFC administered oath in such affidavit though it is not in the course of their judicial duty and functions? Can such JMFC/MM administer oath in affidavit to be used in Supreme Court and High Courts,who are having it's own rules on Affidavit? Is it competent for any University, Colleges or other authorities to confer power on any person to administer oath in affidavit apart from Laws and acts passed by the Parliament? The answer is obviously a Big "NO"
P. Venu (Expert) 30 December 2017
These affidavits in applications for various purposes are mere administrative measures; they are to be signed before Executive Magistrates; it is only that ordinary persons are unaware of the distinction between Judicial Magistrate and Executive Magistrate.
SHIRISH PAWAR, 7738990900 (Expert) 30 December 2017
You can also notary affidavit and submit to KV Bangalore.
Gayathri (Querist) 30 December 2017
AFFIDAVIT (FOR SINGLE GIRL CHILD)
I, father of (Single Girl Child) ______________________________________________________ &
mother of (Single Girl Child) ____________________________________________________________
residing at ________________________________________________________________________________________
do solemnly declare that we have no other child except__________________________________
(name of Single Girl Child).
1. That I am citizen of India.
2. That ____________________________ is my real daughter.
3. That her date of birth is___________________.
4. That I have a Single daughter and no other child in my family.
5. That my above mentioned daughter has no brother or sister.
6. That I will inform that school authority in case another son or daughter is born in
my family.
7. If any information or documents are found incorrect on verification, the
admission of my ward may be treated as cancelled. I will not sustain any claim
against the decision of Principal, Kendriya Vidyalaya Paschim Vihar, New Delhi.
DEPONENT
,.........sir this is what the content of affidavit.... For admission under SGC quota an affidavite from first class judicial magistrate to be submitted.
Gayathri (Querist) 30 December 2017
That was the model of the affidavit which I need to get for Bangalore school here...KV has Single Girl Child Quota... Which makes affidavit necessary
Sankaranarayanan (Expert) 30 December 2017
yes, i do stand with ms.Usha's suggestion, they demand such affidavit. where are you residing now? just confirm it again,
N.K.Assumi (Expert) 30 December 2017
Without any disdain or differing views of the learned experts, I conclude by the statements of Laws that affidavit is a solemn act, and a written instruments, executed before a person or authority competent to administered oath. according to Law. Yes, Gayathri, that kinds of format are usually issued by various authorities, which amounts to self style Legislation, and this practice is the caused of all problems.If we accept that as valid, why only schools and other authorities who are juristic person, even a common man/woman can choose his/her own man/woman of his liking to administer oath in his/her Affidavit and that will be more easier for all.
R.Ramachandran (Expert) 30 December 2017
Dear Gayatri,
The format of the Affidavit is ok. But where is the requirement "I want my only girl child to get admission in KV Bangalore, WHICH NEEDS AFFIDAVIT FROM A FIRST CLASS MAGISTRATE"?
Pl. copy and paste that instruction/requirement.
Guest (Expert) 30 December 2017
School authorities would have guided you suitably.
Gayathri (Querist) 31 December 2017
Sir, am a Tamilan and am residing in Bangalore....want to get admission in Bangalore KV...
Gayathri (Querist) 31 December 2017
Sir, am a Tamilan and am residing in Bangalore....want to get admission in Bangalore KV...
Gayathri (Querist) 31 December 2017
Sir,I want to know that how get certificate from first class judicial magistrate....pl help.
Guest (Expert) 31 December 2017
Much ado about nothing. Why don't you consult the school authorities to guide you properly? If not possible take the help of some local lawyer, who would undertake the formalities to get you the certificate from the desired authority.

P. Venu (Expert) 31 December 2017
Kendriya Vidyalayas provide special quota for the single girl child; moreover, the child is exempted from payment of fees as well.
The information available in the internet suggest that, though the general guidelines or the online proforma does not mention of any affidavit. many among the KVs are requiring affidavit from the parents (not at the time of applying for admission, but once the child is shortlisted for admission).
The proforma that I could come across are found to be haphazard - Some KVs (JIPMER - Pondicherry, Paschimvihar, INS Dronachara - Kochi, AFS Suryalanka - Bapatla - AP etc) requires the affidavit on non-Judicial Stamp Paper "by the Notary Public", some other KVs require affidavit on Judicial Stamp paper "by First Class Magistrate" (Bhirbhum, Hebbal, etc).

In my considered view the KV schools are following certain misconceived notions. An affidavit is a self- declaration by the concerned person under the oath as to its truthfulness. As such, the affidavit is to be furnished by the person concerned duly attested by an authority empowered to administer oath as provided by the Oath Act, 2004.Executive/Judicial Magistrates as well as Notaries are empowered to attest affidavits.

This confusion could have been avoided if proper guidelines had been issued by KVS administration as has been done by the CBSE in the case of grant of scholarship to single girl child (http://cbse.nic.in/Scholarship/Webpages/Guidelines%20for%20SGCX%20(Fresh%20&%20Renewal)_2016.pdf). It is suggested the querist may bring the matters to the notice of the Kendriya Vidyalaya Sanghatana so that uniform guidelines/instructions are issued to all the KVs.
R.Ramachandran (Expert) 31 December 2017
Dear Gayatri,
You are not answering my query: Where is the requirement "I want my only girl child to get admission in KV Bangalore, WHICH NEEDS AFFIDAVIT FROM A FIRST CLASS MAGISTRATE"? Pl. copy and paste that instruction/requirement.

N.K.Assumi (Expert) 31 December 2017
Magistrate has to be empowered by the High Court for the purpose of Judicial proceedings, and by the State Government in respect of other affidavits.
N.K.Assumi (Expert) 01 January 2018
Affidavit sworn before such a Magistrate without empowerment, will remain only a piece of paper and such Magistrates deserves to be Guided by the concern High Court.
Dr J C Vashista (Expert) 01 January 2018
For such purposes like admission of child in KV etc. the form is to be attested by Executive Magistrate of the area where you are residing and authorised by State government, but not Judicial Magistrate First Class,.
Gayathri (Querist) 14 January 2018
In school website they have given instructions that we need an judicial magistrate attestation ....thank you for your suggestions sirs...I will approach the school authorities and and will get consulted with the local lawyer here..
Thank you



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