AI Overview...
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Affidavits Sworn Before Oath Commissioners - Generally inadmissible in proceedings under Section 145 of the CrPC, as they lack the required legal validity Ahmed Wani VS Habib Ullah Ahanger - Jammu and Kashmir, WAHID VS STATE - Allahabad, Ahmad Din VS Abdul Salem - Punjab and Haryana.
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Exception for Formal Evidence - In certain cases, affidavits verified by Oath Commissioners can be considered admissible if they are of a formal character and meet specific criteria, as per AIR 1969 AIL 405 Rattan Lal VS Maheshwar Singh - Jammu and Kashmir.
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Legal Requirements and Validity - Affidavits must be properly sworn before authorized officers; affidavits sworn before Notaries or Oath Commissioners not appointed under the relevant statutes are typically deemed inadmissible BATA INDIA LTD. VS SECOND A. DJ. II, GORAKHPUR - Allahabad, WAHID VS STATE - Allahabad.
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Court's Discretion and Conditions - Courts may admit affidavits sworn before Oath Commissioners if they fulfill the essential ingredients of a valid affidavit and are not explicitly barred by law or procedural rules Ahmed Wani VS Habib Ullah Ahanger - Jammu and Kashmir, STATE OF MADHYA PRADESH VS TRIVENI PRASAD - Madhya Pradesh.
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Specific Statutory Provisions - Under Section 145 CrPC, affidavits sworn before Oath Commissioners generally do not qualify as evidence unless explicitly recognized, emphasizing the importance of adherence to procedural formalities Ahmed Wani VS Habib Ullah Ahanger - Jammu and Kashmir, WAHID VS STATE - Allahabad.
Analysis and Conclusion:
Affidavits sworn before an Oath Commissioner are typically not admissible as evidence in proceedings under Section 145 of the CrPC, primarily due to procedural and legal restrictions. Exceptions exist where affidavits are of a formal character and meet specific legal standards. Courts emphasize the necessity of proper swearing before authorized officers to ensure the validity of such affidavits as evidence. Therefore, affidavits not sworn before authorized officers or not fulfilling statutory requirements are generally inadmissible, underscoring the importance of procedural compliance in evidentiary matters.
Search Results for "Affidavit Not Sworn before an Oath Commissioner is Not Admissible as Evidence"
1980 0 Supreme(J&K) 58 • India - Jammu and Kashmir
A.S.ANAND
Whether an affidavit sworn before an oath commissioner is admissible in evidence in proceedings under Section 145 Cr. P. C. 2. ... The affidavit sworn before an oath commissioner was inadmissible in evidence under Section 539 Cr. P. ... CRIMINAL PROCEDURE CODE - SECTION 145 - AFFIDAVIT SWORN BEFORE OATH COMMISSIONER - ADMISSIB....
1998 0 Supreme(J&K) 31 • India - Jammu and Kashmir
G.D.SHARMA
CODE OF CRIMINAL PROCEDURE – Sec 145(9) - The order of Magistrate where by he accepted in duplicate of the already filed affidavit ... before him which were duly sole before the Magistrate, does not suffer from any illegality as the wide powers are given to Magistrate ... In AIR 1969 AIL 405, it has been held that if the evidence is of formal character, the affidavit verified by Oath Commissioner is admissible in evidence and in case the ev....
2025 Supreme(Online)(NCLT) 7984 • India - National Company Law Tribunal
Brajendra Mani Tripathi, J, Man Mohan Gupta, T
Ratio Decidendi: The court stressed the limited role at the admission stage, reiterating that disputes related to debt amounts do not ... It was further submitted that the affidavit was sworn before an Oath commissioner which is not admissible in evidence as per the provision of Order XIX of the CPC and lacks the essential ingredients of a valid affidavit. 8. ... It was further submitted that there is no bar in the NCLT rules that a....
1993 0 Supreme(All) 466 • India - Allahabad
N.L.GANGULY
The court held that evidence by affidavit is admissible in proceedings under Section 21 (1) (a) of the U. P. ... Whether evidence by affidavit is admissible in proceedings under Section 21 (1) (a) of the U. P. Act No. 13 of 1972? 2. ... on oath, or receiving evidence on affidavits. ... Code and affidavits sworn by the Oath Commissioner appointed under the Code o....
1967 0 Supreme(Cal) 50 • India - Calcutta
P.B.MUKHARJI
( 12 ) THIS is the law of presumption in evidence as to the documents admissible in England or Ireland without proof of seal or signature. ... While the position is thus not entirely satisfactory the practice of the Court continues to allow in any ordinary case any affidavit to be filed which purports to have been sworn before a person purporting to be an English Commissioner for Oaths under English Law. " ... p id="9000039020025" name="9000039020025 ... D/- W-6-1956 in the Matter of ....
1962 0 Supreme(All) 38 • India - Allahabad
KAILASH PRASAD
An affidavit under Section 145 of the CrPC cannot be sworn before a commissioner or oath officer appointed by the High Court, as ... by Mahangi were admissible and the affidavits filed by Wahid and Zahid were inadmissible. ... Whether the affidavits filed by the parties were properly sworn and could be considered as proper evidence in the case. 2. ... The affidavits put in by Mahangi (first party) are, therefore, ....
1966 0 Supreme(P&H) 138 • India - Punjab and Haryana
R.S.NARULA
Affidavits sworn before an Oaths Commissioner cannot be received as evidence in proceedings under Section 145 of the Code of Criminal ... on a consideration of legal evidence alone and on excluding the affidavits sworn before Oaths Commissioners and produced by either ... before a Commissioner for Oaths appointed under seeder Section 139(b) of the Code of Civil Procedure can be received as evidence ... A Court can ....
1968 0 Supreme(MP) 178 • India - Madhya Pradesh
SHIV DAYAL
Party No. 2 challenged the validity of the affidavits, arguing that they could not be read as evidence since they were not sworn ... it, and not merely by virtue of its authority to receive evidence. ... An affidavit to be put in under section 145, Criminal Procedure Code, is a substitute for oral evidence and is, therefore, of a substantial ... But the Court can only receive legal and admissible evidence....
1998 0 Supreme(All) 904 • India - Allahabad
J.C.GUPTA
by the tenant on the ground that they were sworn before a Notary instead of an Oath Commissioner. ... before a Notary instead of an Oath Commissioner. 2. ... Whether the lower appellate court erred in not considering the affidavits filed by the tenant on the ground that they were sworn ... that the said affidavits were inadmissible as they were sworn before Notary and not before the oath....
1967 0 Supreme(All) 163 • India - Allahabad
S.D.SINGH
Finding of the Court: Affidavit verified by Oath Commissioner is admissible in evidence under Section 510-A only if ... Issues: Whether an affidavit verified by an Oath Commissioner is admissible in evidence in a proceeding under Section 145 ... Magistrate found Arya Pratinidhi Sabha in possession based on affidavit verified by Oath Commissioner. ... The cont....
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