SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(All) 1330

SHREE PRAKASH SINGH
Rohit Agarwal – Appellant
Versus
State Of U. P. , Thru. Prin. Secy. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranjal Krishna

JUDGMENT :

1. At inception of argument, the learned A.G.A. has raised preliminary objection that learned counsel for the applicant has filed a supplementary affidavit dated 8.8.2023 thereby seeking the permission of this Court, for correction in the affidavit, which has been filed in support of the instant application.

2. He submits that Chapter IV Rule 18 of the Allahabad High Court Rules, 1952 (hereinafter referred to as 'the Rules 1952') provides that 'no interlineation, alteration or erasures shall be made in an affidavit after it has been sworn'. He added that there is a specific bar for any correction, alteration, etc in all affidavits filed before this Court and, therefore, it is not open for any of the applicant or petitioner or the person who has sworn in the affidavit, to subsequently ask for any change, in the affidavit and, therefore, submission is that the applicant may not be permitted to correct the affidavit and, therefore, the instant application may be dismissed on this ground alone.

3. Replying the aforesaid objections, the counsel for the applicant submits that the provisions of oath or affirmation by a deponent, has been prescribed under Chapter IV Rule 17 of Rule

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top