Affidavit for No Means Plea: Form & Guide in India

2023 0 Supreme(All) 1330

The learned Judges of the Division Bench have appreciated that the technical plea raised by the appellant regarding defective affidavit was raised after seven years of filing the petition. ... The learned counsel submitted that the appellant is raising the defence of technical plea to protect himself from the consequence of his default and this plea cannot be considered effective enough to review the order of advertisement....

The evidence was not led in order to rebut a plea of accident or mistake. ... This plea, if accepted in its entirety, would have entitled the appellant to acquittal even on the footing that he intended to cause the death of Sangarapillai. ... There was no doubt a very complete direction given to the jury in regard to the appellant's plea that he was acting in the exercise of the right of private defence. ... A jury or a Court as a Jud....

2021 0 Supreme(Mad) 2303

vehicle manufacturer shall, in accordance with Form 20, Form 22 and Form 22A upload the vehicle details in the Portal, i.e., http://www.vahan.nic.in/maker model. ... In this context, Sub-rule 3 of Rule 47, reads thus: "(3) On and from the 1st January, 2015, every vehicle manufacturer shall, in accordance with Form 20, Form 22 and Form 22-A, upload the vehicle details in the portal http:/....

Madras

20, Form 22 and Form 22-A, upload the vehicle Form 22 and Form 22A upload the vehicle details in the Portal, the respondent Transport Department was that, insofar as the for the first and second respondents, by relying upon the averments made in the counter affidavit

2024 0 Supreme(All) 2384

(ii) In a case of suo motu action, before issuing RC Form 20, the authority will ensure that proper report upon RC Form 19 is submitted as per para (i) above on parameters of subrule 1 Rule 67. ... (iii) RC Form 20 must be accompanied by a copy of report and spot survey submitted alongwith RC Form 19 to the person against whom proceedings have been instituted, or even otherwise submitted in case of suo motu action vide p....

2022 Supreme(Online)(SCDRC) 1419

The OP has taken the plea that there is already foot note that Company shall not be responsible for cash transaction but at the same time, the cash has been received by the office of OP in the printed form. ... We have already held above that the complainant is entitled to get refund of deposited money and compensation. As such, there is cause of action to file the case. ... No evidence on affidavit is filed by the OP. How....

Orissa

Pleading through the counter affidavit as well as the additional counter affidavit nowhere establishes following of any Court to the counter plea as well as disclosures through Annexure-(A) there is reporting by the Camp line man to the establishment informing Sri Bhagyadhar Rout of Village-Dhia Sahi (Barabodia) was stealing energy by means

2025 0 Supreme(All) 3045

It was also argued that petitioners never participated in consolidation proceedings to get their alleged right establish nor the averments made in the supplementary counter affidavit has been controverted. ... Consolidation of Holding Act 1953 (hereinafter referred as the ‘Act of 1953’) which can be ascertained from the extract of CH Form 45 appended as annexure No. 5 to the supplementary counter affidavit. ... A show caus....

2024 0 Supreme(Pat) 77

Learned counsel, thus, submits that it is not the case of the prosecution even that the exoneration of the petitioners is based on the plea of alibi of rail and air ticket but then the learned Magistrate while taking cognizance records that plea of alibi can be tested in the trial. ... Further, in the said case, notices were issued on the ground that petitioner no. 1 Sanu Kumar @ Sonu Kumar is a student and if he is implicated in a false case of such serious....

2023 0 Supreme(Guj) 1030

Application No. 27 of 2019 and requested to discard the examination in chief on affidavit filed by the respondents no.2 and 3 herein and direct them to give their oral submissions before the court, it means record the examination in chief orally. ... That, there is no provision either in the CRPC or in the Indian Evidence Act to file an affidavit as a substitute for the oral evidence. ... It is submitted that to get more c....

2021 0 Supreme(Mad) 1830

A couple of days after reserving the matter for orders, a mention was made by the learned Counsel for the petitioner that the petitioner is in prison for more than 60 days and that he is entitled for statutory bail. Since the arguments have already been concluded and matter has also been reserved, this Court is not inclined to verify the same and as such, liberty is given to the petitioner to work out his remedy in the manner known to law before the appropriate forum. But, no such av....

2020 0 Supreme(Del) 786

On enquiry, it is also stated that no such plea has been taken in the counter affidavit. It is not stated that this Court does not have jurisdiction.

2013 0 Supreme(Del) 411

6. The appellant is not an illiterate person, he being a retired school teacher and, therefore, it was expected of him to remain in regular touch with his counsel and keep trace of the appeal filed by him. Admittedly, no action has been taken by the appellant against the counsel who according to him had given such information to him. In the absence of any such practice to this effect, no counsel is likely to give such an information to the client. In absence of an affidavit from the ....

2012 0 Supreme(Jhk) 52

2 and 3. Moreover, respondent no.2, the company, is not viable and, therefore, since the year, 1996 a Voluntary Retirement Scheme has already been floated and no fresh appointment has been made, as per respondent nos. This plea has been taken in paragraph no.5 of the counter affidavit, filed on behalf of respondent nos.

2002 0 Supreme(Cal) 402

Therefore, the plea taken by the defendant in the affidavit is without any substance for which no issue, not speak of a triable issue, is raised or can be raised in the written statement. I fail to find out any such provision in the Act that suit cannot be filed by an unlicensed lender rather suit can be filed and this cannot be proceeded with in the event the aforesaid statutory requirements are not fulfilled.