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russell sarkar ( Lawyer )     03 March 2010


is advocate responsible if he identifies an affidavit and later on he comes to know that the deponent has made a false statement in the affidavit.


 6 Replies

Arvind Singh Chauhan (advocate)     03 March 2010

Identifimg advocate is responosible only for the identification not for the contents or statement of deponent.

Sarvesh Kumar Sharma Advocate (Advocacy)     03 March 2010

advocate respocible for identification only.

not for oath.

it mean the person who is taking oath is a known person.

& there is no connection of lawyer with d  oath .

ad. creaminall (professional Advocate)     03 March 2010

i agree with suresh and arvind.

Surya Kannt (ADVOCATE)     03 March 2010

yes i agree with all.

Arvind Singh Chauhan (advocate)     03 March 2010

Thare is a ruling  as save guarding advocate's innocence while identifying, though it is not related with affidavit  but valuable in other matters-

Sec 467,468,109,120-B, IPC- Forged registered power of attorney by ”A”- Advocate identifying “A” before Registrar and being witness to deed charged under Sec 467,468,109,120-B, IPC- No evidence showing connection between “A” and Advocate- Act of Advocate can’t be termed either as instigation or as intentional or as conspiracy- Charge against Advocate Quashed- Cr.L.J.-1986- P&H HC -1034, SC’s Rulings cited.

Arati Gawde ( Legal )     06 March 2010

 No , Advocate not responsible whatever matter contain in Affidavit, he just responsible for identification of the    Deponent  . 

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