Affidavit
mukesh Gupta
(Querist) 21 June 2012
This query is : Resolved
Can an Affidavit duly sworned before the judicial magistrate declaring that I have received full and final payment can be withdrawn. If no, any citation of judgment will be more useful for understanding.
Thanks.
R.K Nanda
(Expert) 21 June 2012
No, not at all.
Adv.R.P.Chugh
(Expert) 21 June 2012
Dear Querist,
1. It can be retracted only on pleading and proving fraud/force/mistake etc.
2. Self harmign admissions are always relevant, judicial admissions are all the more stronger and bind a party.
Adv.R.P.Chugh
(Expert) 21 June 2012
No It's a judicial admission and can't be withdrawn unless fraud/force/mistake is proved. An admission is though not conclusive but may operate as estoppel. By this I mean if somebody acts on that statement of Full and Final Settlement in the affidavit and changes his position or incurs some detriment - then he cannot be allowed to retract so as to cause loss to somebody.
N.K.Assumi
(Expert) 21 June 2012
You have landed yourself in quicksand.
Shonee Kapoor
(Expert) 21 June 2012
Immediately retract the affidavit by showing fraud/ mistake/ coercion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R Trivedi
(Expert) 22 June 2012
Is this affidavit Notarized ??
Then even pleading of coercion will not work.
Mistake aspect also will not be considered, because it can only be typographical type mistake, not which can change the character of affidavit.
Fraud of what in presenting the affidavit? For example if you state in the affidavit, that so and so instrument was issued for settlement and if that instruments fails, then you can take a stand with supplementary affidavit.
