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Normally few affidavits specify by government agencies to

(Querist) 22 August 2010 This query is : Resolved 
Normally few affidavits specify by government agencies to be sworn before a Magistrate only not before a Notary Public. This is not connected with any case pending before the courts. Purely outsiders are the deponents. Can the Magistrate refuse signing such affidavits. Under which authority the Magisrate acts or refuses. What is the remedy available for a deponent if he lost a chance by not submitting an affidavit. in time due to the act of Magistrate Is it purely a service rendered by a Magistrate?

Query : Pls tell me the list of the affidavit that have to be sworn by the Magistrate only not before a Notary Public. Also i have heard that Sometimes it is specifically mentioned that affidavits are to be sworn before executive magistrate and sometimes it simly states as magistrates. It means executive magistrate and not judicial magistrate. So what is the difference between the executive magistrate and judicial magistrate. In deatil with the section pls LD members help me out.

Also any case laws.

Thanks In advance.
Arvind Singh Chauhan (Expert) 22 August 2010
It is general problem. Generally affidavit required by armed forces specify that it should be verified by magistrate first class. But magistrate first class or judicial magistrate refuses to verify. public suffers a lot with this anomaly. I do waiting the answers from the learned members.


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