AI Overview...
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English Not Known is Mandatory for Writing Affidavits - The sources indicate that individuals with limited or no knowledge of English can still prepare affidavits, provided they do so voluntarily under counsel’s instructions and the statements are true to their knowledge. For example, in source Dayanand Modi VS State Of Bihar - Patna, the deponent studied multiple languages including English, Punjabi, and Hindi, and explicitly stated that the affidavit was drafted voluntarily under counsel’s guidance. Similarly, in Paramesh Matta vs State of Telangana - Telangana, there is discussion about the evaluation process involving English, but it highlights procedural aspects rather than mandatory language requirements for affidavits.
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Language Understanding and Fair Procedure - Courts have recognized that language barriers do not necessarily prejudice a petitioner if proper explanations or interpreters are provided. Source JUDHISTIRO RAOLO VS STATE OF ORISSA - Orissa discusses a case where the petitioner was not prejudiced despite not understanding the language used by the enquiring officer, as arrangements for explanation in Hindi or English were made. This underscores that understanding the language of the affidavit is not strictly mandatory if appropriate measures are taken.
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Affidavits and Legal Validity - An affidavit can be valid even if drafted in a language not understood by the deponent, as long as it is made voluntarily and with proper guidance. The case in Dayanand Modi VS State Of Bihar - Patna exemplifies this, where the deponent affirms the truthfulness of the affidavit made under counsel’s instructions. Conversely, affidavits that are not endorsed by the deponent or are prepared without proper understanding may face challenges, as noted in Feroze Homi Duggan VS Jean Duggan - Bombay.
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English as a Mandatory Language in Certain Contexts - While English is often used in legal documents, the sources suggest it is not always strictly mandatory for affidavits, especially if other languages are used with proper understanding and voluntariness. The emphasis is on the authenticity and voluntariness rather than the language itself.
Analysis and Conclusion
Based on the sources, English is not strictly mandatory for writing affidavits provided the deponent understands the contents or the affidavit is explained to them in a language they comprehend, and the affidavit is made voluntarily under legal guidance. Courts focus on the authenticity, voluntariness, and understanding of the deponent rather than the language used. Thus, knowledge of English is not a compulsory requirement for affidavits under Section 138 or related legal procedures, but proper explanation and voluntary declaration are essential for the affidavit’s validity.
References: - JUDHISTIRO RAOLO VS STATE OF ORISSA - Orissa - Dayanand Modi VS State Of Bihar - Patna - Paramesh Matta vs State of Telangana - Telangana - Feroze Homi Duggan VS Jean Duggan - Bombay
Search Results for "English is Not Known is Mandatery to Write in Affidavit 138"
1974 0 Supreme(Ori) 198 • India - Orissa
R.N.MISRA, B.K.RAY
The court found that the petitioner was not prejudiced by the use of a language he did not understand, as the enquiring officer had ... INDUSTRIAL DISPUTES ACT, 1947 - SECTION 10(1), 12(4), 12(5) - DOMESTIC ENQUIRY - CONDUCTED IN A LANGUAGE NOT UNDERSTOOD BY THE ... The enquiring officer, who did not know Oriya, proposed to appoint an interpreter and explain the evidence to the petitioner, but ... to be conducted either in Hindi or in English. ... I also told them that I would explain to them in Hindi w....
2013 0 Supreme(Bom) 1731 • India - Bombay
S.J.KATHAWALLA
The plaintiffs are therefore not entitled to a mandatory injunction as sought even if this Court would have come to the conclusion ... Therefore, as stated earlier, the plaintiffs are not entitled to mandatory injunction even if this Court were to proceed on the basis ... concerned with the rights of the owners’ of sound recording vis-a-vis the rights of the owners in the underlying works and did not ... The commentary refers to an old English case Cooper vs. Stephens (1859) 1 Ch 567)t....
1951 0 Supreme(Pat) 3 • India - Patna
S.K.DAS, NARAYAN
community" as contemplated in Entry 3 of the Concurrent List - The expression "and" between the words "supplies" and "services" was not ... a) the alleged grounds have no existence in fact, and (b) there is no firm of the name of Messrs Modi & Sons, and the petnr. is not ... The Court further held that the expression "and" between the words "supplies" and "services" was not used in any restrictive sense ... to write up the books which were not in the possession of the company. ... The entire fascicle of....
2017 Supreme(Online)(NGT) 8 • India - National Green Tribunal NEW DELHI (PRINCIPAL BENCH)
Mr. Swatanter Kumar, CJ, Mr. Raghuvendra S. Rathore, J, Mr. Bikram Singh Sajwan, ACJ
“ I have studied Hindi, Punjabi and English also till my education i.e. the 8 th class. My affidavit was drafted by my counsel voluntarily under my instructions. Mr. ... The statements made in the affidavit are true to my knowledge and nothing material has concealed therefrom. The affidavit is exhibited RW-3/1. The document annexed with the affidavit have been exhibited as R2/A, to R2/E. ... The counsel for the State submitted that he would examine the witnesses and not file h....
2011 0 Supreme(Bom) 914 • India - Bombay
ROSHAN DALVI
The affidavit is filed in a previous proceeding. The doctor has not endorsed the Will itself. ... filed in the petition and which is not his affidavit of examination-in-chief cannot be used as his evidence under Order XIX of the ... The defendant’s case is diametrically different from the case contained in this affidavit and the defendant has examined another ... The English cases reflecting this common law doctrine of the ambit of undue influence which can be practiced upon a testator....
2025 0 Supreme(Telangana) 858 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
78, 354) ... ... (C) Closing of Examination Process - The Court directed a reevaluation of scripts with mandatory ... If passing English is a mandatory pre-condition for evaluating the remaining papers, how do the aggregate scores of candidates who failed English nonetheless appear in the total-marks list? ... Initially, in its web note, the Commission stated that two evaluations were mandatory, which was also reiterated in its counter affidavit. ... There is no specification on how ....
2020 0 Supreme(Gau) 618 • India - Gauhati
N.KOTISWAR SINGH, S.HUKATO SWU
Judge disposed of the matter by observing that neither the State respondents nor the private respondents have filed their counter affidavits ... services of the applicants/respondents, took the view that the entire writ petition itself be adjudicated on merit, once the counter affidavits ... Mozhui, Learned Counsel for the State respondents submits that the State Government is yet to file the affidavit in opposition and it would be appropriate as directed by the Learned Single Judge that the matter be finally heard after filing of the #HL....
1981 0 Supreme(Cal) 83 • India - Calcutta
T.K.BASU
( 28 ) ALTHOUGH these grounds are stated for the first time in the affidavit-in-reply and do not find place in the petition. ... Deb submitted that an attempt to control the business of the petitioners knowing fully well that the Act does not apply to them is mala fide, Reference was made to the affidavit-in-opposition of Ray paragraph 20 and the affidavit-in-reply of Murarka paragraphs 62 and 63 in this connection.
2017 0 Supreme(Kar) 210 • India - Karnataka
VINEET KOTHARI
(vii) Guarantees are governed by English Law and the same is not pleaded or proved. etc. – Summary of the financial reports, and ... passed by English Courts or other foreign jurisdiction against the Respondent-Company. ... given by UBHL to IAE and others as void and non-est, etc., (iv) contracts between Foreign Companies and KFAL are governed by the English ... of one Ms.Mamata Sundara, General Counsel of USL claiming to be duly authorized to swear the affidavit. ... The guarantees are governed by #HL_....
2013 0 Supreme(Bom) 559 • India - Bombay
ROSHAN DALVI
The deceased could not bequeath a property of which she was only the legal owner as trustee. ... No agreement of the parties not to revoke their bequests by the last of them to die is seen or shown. ... The right to apply is whenever it is necessary which may not be within 3 years from the date of the death of the deceased. ... The postcard shows that the mother, unlike the case of the defendants, did not only sign in English without being able to read, write or understand En....
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