Challenging affidavit
Rama mohan Acharya
(Querist) 19 September 2013
This query is : Resolved
I want to challenge an affidavit filed by some body before a court. The affidavit has been sworn at a place on a day when the person who swear the affidavit was not present in that place(he was away about 500 kms). I have supporting documents that he was present in a place than the place the affidavit has bee sworn before the oath commossioner/ notary.
What will be legal provisions applicable and any case law that can be used by me ? kindly advise.
ajay sethi
(Expert) 19 September 2013
concentrate your energies on fighting case on merits rather than going on technicalities
Rama mohan Acharya
(Querist) 19 September 2013
Thnak you Mr. Sethi.
The case is being fighted on merit. The gist of the case is an appeal has been filed before the EPF Tribunal against the illegal order, without being heard. Consequently the order was challenged before the High ourt. High court directed to file appeal before the tribunal. The appeal was filed immpleading RPFC as the party. Now some Union leader wants to be party in the same appeal so that they can take advantage of the situation. The leader who filed the affidavit sworn at New Delhi was present at his workplace on the same day which is about 500 kms from Delhi. Thats the reason I wanted the legal provisions & citation if any for fighting the case on merit. Kindly advise.
Ms.Nirmala P.Rao
(Expert) 20 September 2013
Dear Client
To be considered relevant within the case, an affidavit must be corroborated by additional evidence or by the testimony of the person submitting the affidavit.
A false affidavit is a statement that was purported to be true, but has been found to contain false information.
Since affidavits contain a statement of truth, which swears that the disclosed account is truthful, the discovery of any purposely submitted false information can result in the submitter being charged with perjury, which can result in a fine or even jail term. It was held in AIR 1963 Punjab 185- that filing false affidavits is a very grave and serious matter and a person who does such a wrong commits a serious wrong to the society as a whole and shouldn't be taken lightly.
Ms.Nirmala P.Rao
Legal Expert
