Filling of an Affidavit
Guest
(Querist) 12 February 2011
This query is : Resolved
Is it legally correct to file an Affidavit during the pendenacy of appeal? This has been done without taking the permission of court. When the Opposite party filled the counter Affidavit the First party filled another Affidavit which is nothing just a modification of the earlier one and said in the open court that this is the same Affidavit and we have got the same affirmed now. What are the remedies available.?
Y V Vishweshwar Rao
(Expert) 12 February 2011
Is it,in Appeal any Petition is filed and that Affidavit is filed in support of that Petition in Appeal !
Guest
(Querist) 12 February 2011
Sir,
This a labor matter. The Order in the Junior court was in favor of the Workman.The Management filled a WRIT in High court. While deciding the writ the Learned judge was pleased to set aside the Trial Order. The workman subsequently filled a Appeal against the Writ order in the DB of the High Court and during the pendancy of this appeal the Management filled these affidavits. The First Affidavit was filled without the permission of the court and then when the Workman filled the counter Affidavit, the Management modified the same Affidavit and filled one more time. Upon the Objection by the learned judge that how can you file a affidavit after the counter Affidavit the management counsel said that it is the same Affidavit which was filled earlier and they have got it affirmed now. Upon the carefull examination of the same it is clear that the there is large amount of Modification which has been in the Affidavit.
Kirti Kar Tripathi
(Expert) 13 February 2011
There is no hard and fast rule of filing any affidavit in any judicial proceedings. Supplementary affidavits can be filed at any time by any of the party explaining the pleas already taken by him or to produce any relevant material or fact.
Guest
(Querist) 14 February 2011
Dear Sir's,
I understand that the Apex Court has given a decision in the case of Shramik Sena has given a direction that during the Pendancy of an Appeal no Affidavit can be filled without the permission of the Court.
Guest
(Querist) 30 August 2011
One of my friends is an Litigant in Hon'ble Supreme court of India..... In case a an affidavit has been filled by the respondent in response to the SLP. In this affidavit the Respondent has falsely given an some information which is wrong and is amounting to scandalizing the Hon'ble High court. Will this amount to the contempt of the highest court of this Land.
Please advise. Can the respondent be prosecuted U/S 181,182 and 191 of IPC.
In the same case one Affidavit is missing from the files of Hon'ble High court. Can we file a case u/s 201 IPC against the unidentified person...please advise
