Sworn affidavit
j.r.kota
(Querist) 14 November 2011
This query is : Resolved
Dear Sir,
Does a sworn affidavit - made on a plain piece of white paper as against a non judicial stamp paper, but notarized and filed in a proceeding in a court of law - carry any weight? Can it be taken on record and the presiding officer of the Court act favorably on such affidavit? The judgement given by the presiding officer on the strength of such affidavit is valid? Can such judgement be contested?
Please help me with your expert opinion
Thanks and regards
j.r.kota
ajay sethi
(Expert) 14 November 2011
an affidavit has to be duly stamped . if its on plain piece of paper it should be adequately stamped . otherwise affidavit is not taken on record
Rajeev Kumar
(Expert) 14 November 2011
Mr.sethi is right and no cause to differ
prabhakar singh
(Expert) 15 November 2011
No,such an affidavit does not cary any weight.It must not have been taken on record.
The judgment if passed solely on the basis of such an affidavit then it is bad in law.
Moreover the magistrate ought to have complaint about such an illegality committed by the Notary to the District Judge for action against him instead of passing any judgement there on.
Shashikant V. Patil
(Expert) 16 November 2011
Not at all, no such invalid affidavit will be entertained by the presiding officer even, and if at all, the defending party may object and brought to the notice of presiding officer about its validity and legality.
dev kapoor
(Expert) 16 November 2011
Hi !
There is nothing add in the above reply regarding which all seem to be unanimous.
BUT
There is practice in various courts that contents of the affidavit are recorded on the blank sheet of papers,duly attested by a Notary Public etc but STAMP PAPER is attached with this sheet of paper.This become admissible in evidence.
You should see whether this kind of thing is done.If not then it is inadmissible in evidence and cannot be treated as an AFFIDAVIT for sworn testimony of the deponent.
RAJU O.F.,
(Expert) 16 November 2011
Stamp paper or stamp duty, is not necessary for all sworn affidavits, submitted and admitted before various Courts.
M V Gupta
(Expert) 16 November 2011
I beg to differ from the above views. Article 4 of the Bombay Stamp Act provides the following exemptions-
Affidavit or declaration in writing when made -=-
a) as a condition of enrolement under the Air Force Act, 1950, Army Act, 1950 or the Navy Act, 1957;
b) for the immediate purpose of being filed or used in any court or before an officer of any court; or
c) for the sole purpose of enabling any person to receive any pension or charitable allowance.
Item b above is applicable to the instance cited by the querist. Similar provisions must be there in other stte stamp laws.
prabhakar singh
(Expert) 16 November 2011
@Mr. M v Gupta!
In UP only this provision exists :
8A. Securities not liable to stamp duty.-
Notwithstanding anything contained in this Act,-
(a) an issuer, by the issue of securities to one or more depositories shall,
in respect of such issue, be chargeable with duty on the total amount
of security issued by it and such securities need not be stamped;
(b)where an issuer issues certificate of security under sub-section (3) of
section 14 of the Depositories Act, 1996 (Act no. 22 of 1996), on
such certificate duty shall be payable as is payable on the issue of
duplicate certificate under this Act;
(c) the transfer of;-
(i) registered ownership of securities from a person to a depository
or from a depository to a beneficial owner;
(ii) beneficial ownership of securities, dealt with by a depository,
(iii) beneficial ownership of units, such units of Mutual Funds,
M V Gupta
(Expert) 17 November 2011
Dear Prabhakarji,
The issue raised by the querist is about stamping of an affidavit which is required to be filed in court proceedings. I therefore feel that the provision of the UP Act cited by you is not relevant for our discussion here. It deals with the securities such as Shares, bonds etc.
prabhakar singh
(Expert) 17 November 2011
TRUE YOU ARE Mr. M v Gupta!
i simply wanted to say that here i could not find any provision of the kind you posted from Maharashtra act.so dissimilarity between two enactments exists was my point and NOT that what i posted applies to query,that is why it was personally addressed to you alone.
prabhakar singh
(Expert) 17 November 2011
8A Was the only duty exemption provision found here by me.
A. A. JOSE
(Expert) 18 November 2011
I am also of the view that Sworn Affidavit needs to be on Stamp Paper.
j.r.kota
(Querist) 18 November 2011
Dear Sirs,
It is really an enlightening discussion.
With due respects to all Sri.Prabhakarji's opinion is nearer to reality.
I am from the State of Karnataka and after initiating the discussion and seeing the feed back, I referred to the provisions of Karnataka Stamp Act. The provisions as to necessity of adequate stamping, exemptions, penal provisions are all stated as Sri Prabhakarji opined.
As regards to Sri Guptaji's opinion it may be correct in the context of securities but in the instant case it is a property dispute in the court of Assistant Commissioner.
It has really provided me food for thought and given impetus for proceeding with the case in different dimensions and I am really thankful for this.
By writing this thanksgiving letter it is not my intention to close the discussion but only a way of expressing my gratitude.
I hope the matter would still be open for a wider and enriching discussion.
Thank you sirs, thank you very much to one and all of you.
regards
j.r.kota
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 November 2011
Irrespective of all valued inputs any affidavit before any court has to be before the officer of the court specified by law . Notary affidavits have very limited scope .More ever without cross the affidavit has no value to notary has also come before the court to depose.
Guest
(Expert) 21 November 2011
Quite interesting discussion.
Advocate. Arunagiri
(Expert) 21 November 2011
Sworn in affidavits are acceptable in the court of law. It is subject to cross examination. It need not be stamped.
j.r.kota
(Querist) 05 January 2012
Dear Sri M.V.Guptaji and others,
This is in continuation of the query about stamping the affidavit.
Sri Guptaji said that if the affidavit is for the immediate purpose of being filed or used in any court or before the officer of any court - it need not be stamped.
Does this exception holds good for sworn affidavits also?
As per the Karnataka Stamp Act, affidavit including an affirmation or declaration in case of persons by law allowed to affirm or declare instead of swearing = Rs20\-.
Exemptions:
Affidavit or declarations in writing when made
1."......"
2. for the immediate purpose of being filed in any court or before the officer of the court.
Point: What is the signinficance of the word "instead of swearing". Does it mean that the exception provided is not applicable for sworn affidavits and they require stamping?
regards
j.r.kota.
V R SHROFF
(Expert) 05 January 2012
YES. , IT IS VALID & JUDGEMENT GIVEN ON on the strength of such affidavit . it Can NOT be contested, ON THIS GROUND ALONE.
A sworn affidavit - made on a plain piece of white paper as against a non judicial stamp paper, but notarized and filed in a proceeding in a court of law - carry EQUAL weight.
RAJU & GUPTAJI & ARUNAGIRI ARE ABSOLUTELY RIGHT.
ALL AFFIDAVITS PRODUCED IN COURT IN SUPPORT OF PLAINT OR APPLICATIONS DO NOT NEED STAMP. ITS ARE SWORN BEFORE ADM. & ARE SUFFICIENT
NO NEED FOR ANY STAMP PAPER, WHENEVER IT IS FOR IMMEDIATE SE FOR JUDICIARY.
Raj Kumar Makkad
(Expert) 07 January 2012
I do agree with the detailed views expressed by various experts and almost all are opining on the same point.
