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Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Expert Orders and Affidavits - Courts generally do not set aside expert opinions lightly; however, they may do so if affidavits or reports are shabby, informal, or fail to meet prescribed formalities. Courts emphasize caution in accepting expert opinions, especially when affidavits are poorly prepared or affidavits are not properly verified or formalized ["TAN MEI LI & ORS vs BLUEFIRE DEVELOPMENT SDN BHD & ANOR - High Court Malaya Kuala Lumpur"]. [](https://supremetoday.ai/doc/judgement/MY_MLRH_2020_6_MLRH_111).
Setting Aside Ex Parte Orders - Ex parte leave or orders obtained improperly or through defective affidavits can be set aside, especially if the process was misused or the affidavits lack responsibility or proper formalities. Courts will scrutinize affidavits for compliance with procedural requirements, and orders obtained through shabby or defective affidavits are liable to be set aside ["TAN MEI LI & ORS vs BLUEFIRE DEVELOPMENT SDN BHD & ANOR - High Court Malaya Kuala Lumpur"], [](https://supremetoday.ai/doc/judgement/MY_MLRH_2020_6_MLRH_111).
Formalities and Service Requirements - When seeking to set aside or vary orders, courts require proper service, clear grounds, and affidavits that meet formal standards. Failure to serve notices properly or to meet procedural formalities can justify setting aside orders, especially ex parte or interlocutory ones [](https://supremetoday.ai/doc/judgement/MY_MLRH_2020_6_MLRH_111).
Expert Reports and Opinions - Courts generally do not lightly set aside expert opinions; they recognize the importance of expert evidence but also exercise caution. Opinions expressed by experts are given due weight but can be questioned or challenged through cross-examination or further expert testimony. Reports that are shabby, unverified, or improperly tendered are more susceptible to being set aside ["Shijo Antony VS C. C. Joy - Kerala"], ["Munavath Sujatha vs Lakavath Sammakka - Telangana"].
Affidavits by Experts - Affidavits prepared by expert witnesses must be properly drafted, verified, and in accordance with procedural rules. Courts may reject affidavits that are informal, contain spelling mistakes, or lack responsibility, but they do not set aside expert opinions lightly; instead, they scrutinize the affidavits for compliance ["State of Punjab VS Mohinder Singh - Current Civil Cases"], ["Avinash Kumar vs Posts - Central Administrative Tribunal"].
Orders Based on Expert Evidence - Orders founded on expert evidence can be challenged and set aside if the affidavits or reports are shabby, informal, or do not meet procedural standards. Courts may also remand cases for proper expert examination or further evidence if the existing expert reports are found unreliable or improperly tendered ["Vijayendra Jain vs Smt.Swarnalatha Reddy - Telangana"], ["Vijayendra Jain vs Smt.Swarnalatha Reddy - Telangana"].
Courts’ Caution with Expert Evidence - Courts exercise caution in accepting expert opinions, especially handwriting or building reports, emphasizing that such opinions must be credible, properly supported, and formally tendered. Orders based on shabby affidavits or reports can be set aside, particularly if procedural irregularities or lack of responsibility are evident ["Rajkumar Meena VS State of Rajasthan - Rajasthan"], ["SATYA PRAKASH SRIVASTAVA VS DIRECTOR GENERAL (FIRE SERVICES), U. P. - Allahabad"].
Analysis and Conclusion:Expert orders are not to be set aside lightly; courts recognize the importance of expert evidence but maintain that affidavits and reports must adhere strictly to procedural formalities and responsibility. Orders obtained through shabby or informal affidavits are vulnerable to being set aside, especially if procedural requirements such as proper service, verification, and formal drafting are not met. Courts exercise caution and will scrutinize expert affidavits and opinions, but they generally uphold expert evidence unless serious procedural flaws or misconduct are evident ["TAN MEI LI & ORS vs BLUEFIRE DEVELOPMENT SDN BHD & ANOR - High Court Malaya Kuala Lumpur"] [](https://supremetoday.ai/doc/judgement/MY_MLRH_2020_6_MLRH_111) ["Shijo Antony VS C. C. Joy - Kerala"].
In legal proceedings, expert orders play a crucial role in resolving complex disputes, from property valuations to forensic analyses. But what happens when a party challenges these orders using affidavits that appear hastily prepared or inadequately verified? A common question arises: can expert orders be set aside lightly on shabby affidavits? This post delves into the strict procedural safeguards courts enforce, ensuring such challenges are not taken lightly.
Drawing from established legal frameworks like the Civil Procedure Code (CPC) and judicial precedents, we'll examine why 'shabby' affidavits—those lacking proper verification, endorsement, or formalities—often fail to sway courts. This analysis is grounded in general principles and should not be taken as specific legal advice; consult a qualified lawyer for your case.
Affidavits are sworn statements used as evidence to support applications, including those seeking to set aside expert orders. However, courts demand rigorous compliance with procedural rules to maintain their evidentiary value. Improper affidavits risk being disregarded, protecting the integrity of judicial processes.
In civil courts, Order XIX of the CPC governs affidavits, particularly Order XIX Rule 3, which mandates:- Verification by the deponent affirming the contents are true to their knowledge and belief.- Endorsement at the end, signed by the deponent.
Failure here renders the affidavit inadmissible. Similarly, in criminal courts, while not always explicitly codified, courts expect comparable standards, especially under sections like 145 Cr.P.C. for possession disputes. Manjit Kaur VS Gurnek Singh - 1974 0 Supreme(Raj) 87
For affidavits supporting motions to set aside expert orders, verification is non-negotiable. Order XIX Rule 3 CPC requires a clear statement of truthfulness, signed and dated. Courts have ruled that non-compliant affidavits cannot underpin judicial decisions.
In a key precedent, Shinghal, J. held that affidavits lacking proper verification under Order XIX Rule 3 CPC were inadmissible and could not form the basis of an order. Manjit Kaur VS Gurnek Singh - 1974 0 Supreme(Raj) 87 This underscores that 'shabby' affidavits—vague, unverified, or poorly endorsed—are typically rejected.
Technical lapses, like missing stamps or notarization, further doom affidavits. In one case, such objections led to a complaint's withdrawal. Ambica Charan Das VS Emperor - 1931 0 Supreme(Cal) 236
Courts do not lightly overturn expert orders on flimsy grounds. Expert opinions, while not conclusive, carry weight and cannot be 'brushed aside lightly.' K. Maniamma VS S. V. Govindaraju - 2009 Supreme(Mad) 2430 For instance:- In a copyright dispute, the Supreme Court cautioned against directing second opinions that prejudice parties or limit investigating officers' discretion, preserving existing expert reports unless compellingly flawed. Lin-O-Matic Graphic Industries VS Trulines Technologies - 2025 Supreme(SC) 1596- Building eviction cases highlight how expert reports on 'shabby condition with broken plasters and dampness' supported setting aside orders only after thorough review, not casual affidavits. Savita Rani VS Sanjay Gupta - 2023 Supreme(P&H) 3098
Another ruling emphasized that surveyor expert evidence in insurance claims 'cannot be brushed aside lightly,' awarding 75% compensation despite policy breaches in total loss scenarios. Sardar Singh Thakur VS Oriental Insurance Co. Ltd.
In service law, orders ignoring long-term employee records (increments, provident fund) were set aside for 'manifest error,' but only on substantive evidence, not shabby affidavits. Awadhesh Kumar Sinha VS State of Bihar - 2004 Supreme(Pat) 336
Handwriting expert opinions in forgery cases are similarly protected; courts remit matters for further expert scrutiny rather than hasty dismissal. K. Maniamma VS S. V. Govindaraju - 2009 Supreme(Mad) 2430Nanna VS Hafiz Abdul Saleem - 1997 Supreme(Raj) 1207
Beyond verification:- Stamping and Notarization: Jurisdictional mandates must be met; non-compliance invites dismissal. Ambica Charan Das VS Emperor - 1931 0 Supreme(Cal) 236- Natural Justice: Non-speaking orders rejecting expert appointments violate fairness and are remanded. ADARSH R.C vs THE NATIONAL HIGHWAYS AUTHORITY OF INDIA - 2025 Supreme(Online)(Ker) 43412- Discretionary Relief: Specific performance or charge framing isn't granted on conjectures; discharge orders aren't lightly overturned. Dhanpal Dosi VS State of M. P. - 2016 Supreme(MP) 257Nanna VS Hafiz Abdul Saleem - 1997 Supreme(Raj) 1207
These elements ensure affidavits challenging expert orders are robust. Courts uphold technical objections to safeguard proceedings.
| Requirement | Civil Courts | Criminal Courts ||-------------|--------------|-----------------|| Verification | Mandatory (Order XIX R.3 CPC) | Expected (proper swearing) || Endorsement | Signed at end | Clear truth statement || Consequences of Non-Compliance | Inadmissible; orders challenged | Disregarded; applications fail |
Expert orders cannot be set aside lightly on shabby affidavits. Courts prioritize procedural integrity, as seen in precedents like Shinghal, J.'s ruling where improper affidavits failed to support orders. Manjit Kaur VS Gurnek Singh - 1974 0 Supreme(Raj) 87 By adhering to verification standards and avoiding technical flaws, parties strengthen their challenges. Ambica Charan Das VS Emperor - 1931 0 Supreme(Cal) 236
This overview highlights general practices in Indian courts. Legal outcomes vary by facts and jurisdiction—always consult a legal professional for tailored advice.
Sources:- Manjit Kaur VS Gurnek Singh - 1974 0 Supreme(Raj) 87 (Shinghal, J. on Sec. 145 Cr.P.C. affidavits)- Ambica Charan Das VS Emperor - 1931 0 Supreme(Cal) 236 (Technical objections on stamps)- Additional precedents: Lin-O-Matic Graphic Industries VS Trulines Technologies - 2025 Supreme(SC) 1596, K. Maniamma VS S. V. Govindaraju - 2009 Supreme(Mad) 2430, Savita Rani VS Sanjay Gupta - 2023 Supreme(P&H) 3098, Sardar Singh Thakur VS Oriental Insurance Co. Ltd., Awadhesh Kumar Sinha VS State of Bihar - 2004 Supreme(Pat) 336, ADARSH R.C vs THE NATIONAL HIGHWAYS AUTHORITY OF INDIA - 2025 Supreme(Online)(Ker) 43412, Nanna VS Hafiz Abdul Saleem - 1997 Supreme(Raj) 1207, Dhanpal Dosi VS State of M. P. - 2016 Supreme(MP) 257
#ExpertOrders #AffidavitLaw #CourtProcedures
aside ex parte leave orders in committal proceedings are well-established. ... A Court of law will not lightly allow its processes to be abused. If the process of the Court was wrongly used to obtain the ex parte order for leave, that leave will be set aside first." ... D] Principles Applicable To Setting Aside Ex Parte Leave Orders In Committal Proceedings [15] The principles governing applications to set ... aside first. ... exhi....
A Court of law will not lightly allow its processes to be abused. If the process of the Court was wrongly used to obtain the ex parte order for leave, that leave will be set aside first." ... aside as it was wrongly obtained. ... Save as otherwise provided in these Rules, where provisions are made in these Rules for the setting aside or varying of any order or judgment, a party intending to set aside or to vary such order or judgment shall make an application to the C....
The order dated 22 September, 1997 is, thus, set aside. The petitioner will be entitled to continuity of service. ... 6. The appeal is allowed with costs throughout with special cost to each of the two respondents standing at Rs. 500 each. ... In so far as their pay sheet records were concerned, there were columns, one shows set substantive, the other set officiating. These employees were shown in a scale in the subhead : substantive. They made contributions from their salaries to the provident fund, gratuity etc. ... Th....
Hence, it is prayed that the present petition may be allowed and the impugned orders passed by both the learned Courts below be quashed & set aside. ... The impugned orders dated 25.06.2019 & 05.09.2019 passed by the learned trial Court as well as learned Revisional Court are, hereby, quashed & set aside. ... Further more, it would enable the learned trial court to reach to a conclusion on the basis of an expert opinion along with other evidence on record. Consequentl....
premises, was set aside, with a further prayer for upholding the order dated 14.07.2015 passed by the Rent Controller, Ambala; along with certain other prayers. ... So far as the first floor of the same building is concerned even the expert examined by the respondent has reported that the said portion is in shabby condition with broken plasters and dampness. ... The same are set aside. The findings recorded by and the order passed by the Rent Controller is restored. 11. ... The said a....
While accepting the argument that the report dated 21.03.2019 need not be set aside, inviting another expert opinion or report would result in confusion or prejudice to one or the other party. ... Secondly, the High Court on the one hand records favourable findings in favour of the appellant, and declined to set aside the report dated 21.03.2019; while on the other hand directs the I.O. to invite the expert from the Roll of the Scientific Advertisers for the purpose of getting addition....
National Highways Act, 1956 , which rejected the petitioner’s application for appointing an expert under Section 26 of the Act, to assess the injurious affectation of the building, as also, such other matters set out in the interim ... Needless to say that both parties should be afforded with an opportunity of being heard before passing fresh orders in Ext.P3 application preferred by the petitioner for the appointment of an expert. The Writ Petition will stand disposed of as above. Section 37 makes certain ord....
Instead, the Courts would not go for the extreme step to set aside an opinion authored by an expert for his own reasons, for any reason. ... No.33/2017 for getting expert opinion regarding genuineness of the signatures therein. Accordingly, Ext.P5 report was obtained and the same runs contra to the contentions of the defendants. Now, the petitioner/3rd defendant wants to set aside Ext.P5 expert opinion. ... Therefore, unlike commission report and mahazar, an opinion e....
By order dated 29.1.1985 in appeal this Court allowed the appeal and set-aside the order of the Additional District Judge dated 16.2.1974. The defendant was allowed to get the document Ex. ... The appeal is accordingly allowed and the decree and judgment of the trial Court and first appellate Court is set-aside.Appeal allowed.******* ... ... ... Kashyap, hand-writing expert on the ground that all the signatures are not by one pen or ink. The expert report was not relied by the tria....
their affidavits. ... In pursuance of above directions, the Registrar (Rules) has issued a communication dated 28.8.2008 to the effect that requisite affidavits are required to be prepared by the Doctors, who appear as expert witnesses, as the original records always remain with them, which they can use/refer to, while preparing ... At that stage, it was pointed out that the Doctors faced difficulties in tendering their evidence on affidavits. ... 4. ... spelling mistakes in the medical evidence given by the Doctors, ga....
6. Finally he relied in the matter of G.D. Singh v. State of Madhya Pradesh [1990 MPLJ39], whereby at the time of framing of charge duty of prosecution to satisfy Court that the material on record makes out a prima facie case against the accused and it should not be based on conjectures and surmises and cannot furnish ground for framing of charge. Counsel prayed that the impugned order be set aside. Similarly while deciding the revision petition against the discharge order should not be lightly set aside; in case the revisional Court orders further enquiry, no direction to frame pa....
As such it cannot be said that this is a case of total loss. There is expert evidence of the surveyor which cannot be brushed aside lightly. In these circumstances we are of the view that while accepting the report of the surveyor, this appeal deserves to be allowed thereby allowing 75% of Rs. 94,022.80 which comes to Rs. 70,517.10 paise.
No wonder, the ingredients of Section 45 of the Indian Evidence Act do not say that an Expert must hold an academic degree or belong to a particular profession. It is to be noted that a Court of law ought not to blindly accept a report of an expert. However, a specialised knowledge or experience acquired will suffice in the considered opinion of this Court. Admittedly, an opinion of handwriting Expert is not conclusive but it cannot be brushed aside so lightly.
The election cannot be set aside lightly nor can any challenge be entertained after the period of limitation. If such an act is to be challenged it must be done strictly in accordance with the law which permits the challenge and also within the time permitted by law.
He has cited 2002(1) PLJ 266 and 1991 PLJ 282 in support of his contention. The choice of the Collector could not be lightly set aside unless the orders are perverse and against the provisions of the Act. The Ld. counsel for the petitioner has contended that the Commissioner has not taken into consideration the factual position of the case while appointing the petitioner as Lambardar. He has further maintained that the petitioner is 45 years old whereas the respondent is 57 years old.
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