Affidavit in SLP
Querist :
Anonymous
(Querist) 14 January 2011
This query is : Resolved
Dear advocates,
Is it mandatory to get the attestation on an affidavit for identification of the person filing the SLP.
SC registry has found a defect that Affidavit is not properly attested and Identified.
Please also let me know what is meant by complete listing proforma which is required for filing SLP.
I am urgently in need of help in fixing these defects. So timely reply will be appreciated.
Thanks.
Guest
(Expert) 14 January 2011
YOU MAY KINDLY CONTACT YOUR LEGAL EXPERT THROUGH WHOM YOU HAVE FILED THE MATTER IN SC.
IT IS VERY COSTLY FOR COMMON MAN TO APPROACH SC AND IN CASE OF ANY MISTAKE ENTIRE MATTER MAY BE ADVERSELY AFFECTED.YOU MAY KINDLY MENTION THE BRIEF FACTS OF THE MATTER FOR FURTHER HELP.GOOD LUCK.
Gulshan Tanwar
(Expert) 15 January 2011
Dear Anonymous,
Filing Requirements: Advocate-on-Record/Petitioner in
person, filing a fresh matter is required to ensure the requirements in
terms of the modified check list as follows: -
MODIFIED CHECK LIST
1. (i) Whether SLP (Civil) has been filed in Form No. 28 with certificate as per Notification dated 17.6.1997?
(ii) Whether the prescribed court fee has been paid?
2. (i) Whether proper and required number of paperbooks (1+3) have been filed?
(ii) Whether brief list of dates/ events has been filed?
(iii) Whether paragraphs and pages of paper books have been numbered consecutively and correctly noted in Index?
3. Whether the contents of the petition/appeal, applications and accompanying documents are clear,
legible and typed in double space on one side of the paper?
4. Whether the petition and the application bear the signatures of the counsel/In- person?
5. Whether an affidavit of the petitioner in support of the petition/appeal/application has been filed, properly attested and identified?
6. If there are any vernacular documents/portions/lines and translation of such documents are not filed, whether application for exemption from filing Official Translation, with affidavit and court fee, has been filed?
7. If a party in the court below has died, whether application for bringing LRs on record indicating the date of death, relationship, age and addresses along with affidavit and court fee has been filed?
8. (i) Whether the Vakalatnama has been properly executed by the petitioners/ appellants and accepted and identified by the Advocate and Memo of Appearance filed?
(ii) If a petitioner is represented through power of attorney, whether the original power of attorney in English/ translated copy has been filed and whether
application for permission to appear before the court has also been filed?
9. Whether the petition/appeal contains a statement in terms of order XVI/XX I of Supreme Court Rules as to whether the petitioner has filed any petition against the impugned order / Judgment earlier, and if so, the result thereof stated in the petition?
10. Whether certified copy of the impugned judgment has been filed and if certified copy is not available, whether an application for exemption from filing certified copy has been filed?
11. Whether the particulars of the impugned judgment passed by the Court(s) below are uniformly written in all the documents?
12. (i) Whether the addresses of the parties and their representation are complete and set out properly and whether detailed cause title has been mentioned in the impugned judgment and if not, whether the memo of parties has been filed, if required?
(ii) Whether the cause title of the petition/ appeal corresponds to that of the impugned judgment and names of parties therein?
13. Whether in case of appeal by certificate the appeal is accompanied by judgment and decree appealed from and order granting certificate?
14. If the petition/appeal is time barred, whether application for condonation of delay mentioning the no. of days of delay, with affidavit and court fee has been filed?
15. Whether the Annexures referred to in the petition are true copies of the documents before the Court below and are filed in chronological order as per list of dates?
16. Whether the petition/appeal is confined only to the pleadings in the Court/Tribunal below and -
If not, whether application for taking additional grounds/ documents with affidavit and court fee has
been filed?
17. (i) In SLP/Appeal against the order passed in Second Appeal whether copies of the orders passed by the Trial Court and First Appellate Court have been filed?
(ii) If required copy of the judgment / order / notification / award etc. is not filed, whether letter of undertaking has been filed in civil matters?
18. In matters involving conviction whether separate proof of surrender in respect of all convicts or application for exemption from surrendering has been
filed (Please see judgment dated 16.6.2006 in Crl. Appeal No.685/2006 entitled Mayuram Subramanian Srinivasan Versus C.B.I) ( Copy of surrender proof to
be included in the paper books.)
Whether in case where proof of surrender/ separate certificate from the jail Authority has not been filed, an application for exemption from filing separate proof of surrender has been filed?
19. In case of quashing of FIR whether a copy of the petition filed before the High Court under section 482 of Cr.P.C. has been filed?
20. In case of anticipatory bail whether a copy of FIR or translated copy has been filed?
21. (i) Whether the complete listing proforma has been filled in, signed and included in the paper-books?
(ii) If any identical matter is pending/ disposed of by Supreme Court, whether complete particulars of such matters have been given?
Gulshan Tanwar
(Expert) 15 January 2011
Plus all defects have to filed within 28 days else you have to file an application seeking condonation for the delay of rectifying the errors.
