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SANJAY DHAR
Abdul Rashid Bhat – Appellant
Versus
Financial Commissioner – Respondent
JUDGMENT :
1) By this order, preliminary objection raised by respondents No.2 and 3 to the maintainability of the instant writ petition is proposed to be determined.
2) The petitioner has filed the instant writ petition challenging order dated 29.07.2022 passed by respondent No.1 in an appeal filed by the private respondents against the petitioner herein.
3) At the very outset, learned counsel for private respondents has raised a preliminary objection with regard to maintainability of the instant writ petition on the ground that the affidavit of the petitioner in support of the writ petition has not been attested and sworn in accordance with the law, inasmuch as the affidavit accompanying the writ petition has been attested by a Notary and not by the Oath Commissioner as required by the provisions contained in the Writ Proceedings Rules, 1997. It has also been contended that the petitioner is an undertrial prisoner, as such, it would have been improbable for the Notary to administer oath to the petitioner inside the jail before attesting the affidavit.
4) Heard and considered.
5) The learned counsel appearing for the private respondents has contended that as per Rule 5 of the Writ Proce
An affidavit attested by a Notary Public is permissible for use in the High Court, and the court has the power to consider such affidavits in proceedings.
The main legal point established is the strict adherence to the rules governing affidavits, the prohibition of advocate's clerks signing affidavits, and the impact of non-compliance on the court's de....
Notary is also required to obtain the signature of person who is executing the document, in the Register.
Exemption Clause in section itself and the same is still in force in the State of Assam and therefore, affixing the Court fee of Rs.2/-, in the two affidavits, suffers from no infirmity or illegality....
The main legal point established is that curable defects in an affidavit can be rectified, and the court has the power to allow amendment or strike out irrelevant matter in the affidavit to balance a....
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