AI Overview...
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Written Statement - A written statement is a formal document filed by a defendant in a legal proceeding, outlining their defense. It often requires supporting affidavits sworn before a Notary Public to substantiate claims or admissions. For example, in Kurpan Ali VS Union of India - Gauhati, the petitioner filed a sworn affidavit stating his father's name appeared in voter lists, supporting his written statement.
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Sworn Affidavit - An affidavit is a sworn written declaration used to support or supplement a written statement. It is often required to be sworn before a Notary Public or authorized officer. As noted in Vidyavati Singh W/o Late Budh Singh VS Harvinder Singh S/o Hardayal Singh - Chhattisgarh, affidavits support written statements and must be signed and verified, sometimes resembling a power of attorney.
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Admissions and Rebuttals - Statements or affidavits may serve as admissions in legal proceedings, which can be relied upon in subsequent cases (Ammini Tharakan VS Lilly Jacob - Current Civil Cases). These admissions can be challenged or rebutted in accordance with law.
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Additional or Supplemental Statements - Courts require that additional written statements or affidavits supporting them be sworn and aligned with the original statements (Neelambal & Others VS The District Collector & Others - Madras). Inconsistent pleas in additional statements are generally not permitted.
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Formal Requirements - Certain legal provisions mandate that written statements by parties, especially workmen or unions, be accompanied by affidavits sworn to the truth of their contents (Uttar Pradesh Power Corporation Ltd. VS Presiding Officer Labour Court - Allahabad). Such affidavits serve as evidence and must be properly verified.
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Evidence and Proceedings - Under the Indian Evidence Act, affidavits and written statements can be taken as evidence during proceedings, sometimes even at the argument stage without formal proof (Budhmani Kumari VS Riso Devi - Jharkhand).
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Jurisdiction and Procedure - Authorities, such as hearing officers, may require parties to file sworn written statements supporting their submissions, emphasizing the importance of affidavits in procedural compliance (Kolkata Municipal Corporation VS Ram Narayan Joshi - Calcutta).
Analysis and Conclusion:
A written statement, supported by a sworn affidavit, is a crucial legal document that establishes a party’s position, admissions, or defenses in litigation. Affidavits sworn before a Notary or authorized officer lend credibility and form part of the evidentiary record. Courts emphasize the necessity of swearing affidavits to verify the contents of written statements, especially when they serve as admissions or defenses. Proper procedure entails that supplemental or additional written statements also be sworn and consistent with the original, ensuring the integrity of the judicial process.
Search Results for "Written Statement Sworn Affidavit"
2015 0 Supreme(Gau) 612 • India - Gauhati
B.K.SHARMA
After filing of written statement petitioner filed an affidavit sworn before Notary Public stating therein that his father’s name ... appeared in voter lists - By said affidavit sworn on during proceeding before Tribunal petitioner made a declaration that in voter ... statement without naming his father simply stated that his father’s name appeared in voter list - He also did not name his mother ... After filing of the written statement#HL_....
• India - Current Civil Cases
THOTTATHIL B.RADHAKRISHNAN, S.S.SATHEESACHANDRAN
statement or in affidavit or sworn deposition by a party in a previous litigation would be regarded as admission in a subsequent ... relying on, or on the basis thereof, together with other materials brought on record by parties—Admission contained in a plaint or written ... written statement. ... Though it is open to rebuttal in accordance with law, admission contained in a plaint or written statement or in an affidavit or #HL_STAR....
2017 0 Supreme(Chh) 594 • India - Chhattisgarh
PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
Shakuntala Sinha albeit her signature is available on each page of the written statement. – The written statement is supported by ... . – Held, Perusal of the written statement would highlight that the written statement as well as the verification is signed by Ashok ... an affidavit sworn before Notary Dhruw Narayan Pandey, which is worded as if the affidavit itself is a power of attorney. – The .....
2008 0 Supreme(Mad) 3798 • India - Madras
M.VENUGOPAL
Ratio Decidendi: The court held that the affidavit for the reception of additional written statement must be sworn to and ... Finding of the Court: The court found that the affidavit for the reception of additional written statement should be ... with the original written statement. ... It is true that in additional written statement, the Court will not allow the inconsistent pleas. In the inst....
2018 0 Supreme(Pat) 585 • India - Patna
SANJAY KUMAR
statement, sworn an affidavit admitting the case of plaintiffs. ... defendant 2nd set filed a petition before the court below under Order 1 Rule 1, 3 and 10 (2) read with 151 of Code of Civil Procedure alleging therein that the defendant 1st set and plaintiffs are in collusion with each other which is evident from the fact that the defendant 1st party instead of filing written
2015 0 Supreme(AP) 252 • India - Andhra Pradesh
U.DURGA PRASAD RAO
From this clarification of Apex Court, it is manifest that when only sworn statement in the form of written affidavit or oral statement ... Such sworn statement in the form of oral submission or written affidavit given by the complainant for taking cognizance of the case ... Act – If at pre-summoning stage i.e., pre-cognizance stage the complainant led evidence either by affidavit or by oral statement#HL_....
2003 0 Supreme(All) 2850 • India - Allahabad
D.P.SINGH
It may be noted that the written statement of only the workman has to be accompanied by an affidavit in which the contents of the written statement have to be sworn. ... ... (8) The written statement filed by the union or the workmen shall state the grounds on which the claim of the concerned workman is based and the written statement shall be accompanied by an affidavit in which the consents of ....
2014 0 Supreme(Jhk) 777 • India - Jharkhand
R.R.PRASAD
Indian Evidence Act, 1872 – Section 3 – Written statement and affidavit taken in evidence at the stage of argument without proving ... statement and affidavit were on record from before. ... Thereafter, written statement and also the affidavit sworn by Rama Oraon as well as the voter list were taken in evidence vide order dated 31.3.2014 which order is under challenge. ... 3. Mr. ... At the stage of argument, an application was file....
2018 0 Supreme(Gau) 924 • India - Gauhati
KALYAN RAI SURANA
statement - Affidavit in support of said written statement was sworn by respondent who had stated therein that was attorney for ... possession over suit land for permanent injunction cost said suit was registered as respondents contested suit by filing their joint written ... trial Court has committed jurisdictional error for entering into merit of proposed amendment for misreading and misconstruing the statement ... The affidavit in support of the s....
2018 0 Supreme(Cal) 670 • India - Calcutta
BISWAJIT BASU
... The hearing officer under Rule 9(3) (C) of the said Rule is even vested with the jurisdiction to call upon the person appearing before him at the time of hearing to file written statement supported by duly sworn in affidavit, if necessary giving particulars of his submission in
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