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- AFFIDAVIT FOR CONDONATION OF DELAY IN FILING APPEAL BEFORE THE …………APPELLATE TRIBUNAL
AFFIDAVIT FOR CONDONATION OF DELAY IN FILING APPEAL BEFORE THE …………APPELLATE TRIBUNAL Before the ……….Appellate Tribunal at _______________ In the matter of ____________Assessment Year ___________ Affidavit of Mr./Ms. _________________________________._______aged_________ years, Director of________________________________________________ Limited/Private Limited. That I the above named deponent, am well conversant with the facts deposed to below. That the appeal filed by the ……………………………………….…………. before the Dy. Commissioner (Appeals) was disposed of by order dated___________ passed by Dy. Commissioner (Appeals) _______________________. That the time for filing of the appeal before the Tribunal was to expire on _______. That the Attorney/Advocate of the ……………………………….. Mr…………………………………….……………..was coming to the office of the Tribunal to file Memorandum of appeal duly signed by the …………………………………………………. of the Company on_______________ by taxi bearing no. ____________________________ and that due to big procession on the occasion of _____________________________ and consequent traffic blockage on the way, he could not reach the Tribunal Office in time and therefore appeal could not be filed. That the memo of Appeal has been filed on ________________ in the Office of the Tribunal. Signed at _____________ this ___day of ____ ………………. VERIFICATION I, ___________________________________________________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at_________________this _____day of ______ Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- AFFIDAVIT TO BE SUBMITTED WITH THE APPLICATION FOR CHANGE OF NAME IN THE CERTIFICATE.
AFFIDAVIT TO BE SUBMITTED WITH THE APPLICATION FOR CHANGE OF NAME IN THE CERTIFICATE. The Registrar, _________________________ University Affidavit of Miss._priya_________________________ D/o, of Mr. Pankaj_X_____________ now Mrs. ___________, wife of Mr_______________, aged _____ years, resi mall Road,Kanpur __________________________________. I, the above named deponent, solemnly affirm and state as under: That I am the applicant in the application being submitted for the change in name and as such I am fully conversant with the facts deposed to below. That I pursued and passed three years Bachelors Degree in Commerce (Hons.), Course from ________________College, affiliated to your University under name Miss._______________from the year ______________ to _______________________under roll No.____________. That my marriage was solemnized with Mr.___________________, on ____________, That due to different surname of my husband, my name has changed from Miss. _____________________________ to Mrs. _________________________________ That I have been selected and appointed on probation as Section Officer in ________________ and the appointing authority has advised me to submit the Certificate confirming change of my name. That I, now addressed under my changed name as Mrs._________ _______________ is one and the same person as Miss___________________________ before my marriage with Mr. ________________ was solemnized. That it is necessary to issue the Certificate in the changed name. DEPONENT Signed at _____________ this ___ day of ____, VERIFICATION I, ________________________________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this _____day of_______ DEPONENT Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- AFFIDAVIT- IN A CIVIL REVISION PETITION - SEEKING STAY
Download Word Document In English. (Rs.50/-) Precedent No. 41 AFFIDAVIT: IN A CIVIL REVISION PETITION - SEEKING STAY BEFORE THE HIGH COURT OF Civil Miscellaneous Petition No of, 20 In Civil Revision Petition No of Petitioner: Vs. Respondent: AFFIDAVIT of D/o , aged years, now residing in…………………………………………………………………………………………….. The deponent named above hereby solemnly affirms and states as follows:— The deponent is the petitioner in the Civil Miscellaneous Petition and theCivil Revision Petition referred to above. The deponent herein is well acquainted with the facts and circumstances of the case and being so, stands fully competent to swear to this affidavit. The deponent herein will be referred to as the petitioner hereinafter. It respectfully submitted that the maintainability of the appeal referred to above was questioned by the petitioner vide I.A. Nobefore the district Court on a preliminary ground. The said Court dismissed the said application by its order dated aggrieved by which the abovementioned Revision Petition has been filed by the petitioner. For the sake of brevity, the contents of the Memorandum of Civil Revision Petition may be read as part of this affidavit. It is further submitted that the petitioner bona fide believes that the Revision Petition is most likely to be allowed by this Hon'ble Court and the order of the Court below set aside and a declaration made that the appeal is not maintainable. In view of the aforementioned circumstances, it is clear that if without hearing the maintainability of the appeal, the same is allowed to be proceeded with and heard on merits, the petitioner will suffer irreparable loss and injury. It is, therefore, in the interest of justice, equity and conscience that this Hon'ble Court may stay all further proceedings in the aforesaid appeal until the accompanying Civil Revision Petition is finally disposed of. Sd./ Deponent. Verification Verified at on this the day of , 20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of , 20 Sd./ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided from affidavits and only facts be stated therein.
- Affidavit to Recall ex-party
Affidavit to Recall ex- parte order and set aside the order passed in the absence of Defendant. Format of Affidavit for Miscellaneous Application to recall ex parte order passed against the Defendant. Miscellaneous Application an be filed against ex parte order. Application under Order IX Rule 13 of Code of Civil Procedure dealing with Setting aside of decree ex parte against the defendant can be entertained only the following two grounds: - Where summons were not duly served - Where defendant was prevented from sufficient cause from appearing where the fact called for hearing. Sample Format of Affidavit for Miscellaneous Application to recall ex parte order is given below: IN THE COURT OF THE _____________ JUDGE AT _________ MISCELLANEOUS APPLICATION NO _______ OF 20__ MR ______________ APPLICANT / DEFENDANT VS MR _______________ RESPONDENT / PLAINTIFF AFFIDAVIT I, _______________ Son of _______________ aged _________ years, Resident of _________________________, do solemnly affirm and say as follows: 1. That I say, that I am the defendant in the above suit and the applicant in the application. I am well conversant with the facts and circumstances of the case and stand competent to swear to this affidavit. 2. That I say, that the aforementioned suit is for the recovery of an amount of Rs ________, allegedly due to the respondent-plaintiff from me, for selling Electronic Weighing Machine to the applicant. 3. That I say, that notice in the suit was not duly served on me. 4. The notice was in fact served to another person in my name in the same locality without verifying address. The said person did not care to inform me about any such service of notice and it was only on enquiry that I came to know that the address was wrongly given into the Process Memo of the summons by the respondent-plaintiff and therefore the notice was returned unserved earlier. Therefore, there was no due or proper service of notice on the applicant. 4. That I say, that it was only from one of my friends , who happened to have a case before this Hon'ble Court last week, that I came to know about the filing of the suit and the declaration of the applicant ex parte by this Hon'ble Court, not having appeared before this Hon'ble Court inspite of the alleged service of notice. This has caused great inconvenience and hardship to me. I further came to know that this Hon'ble Court had posted the case to for plaintiff's evidence. If evidence is taken ex parte and the suit decreed by this Hon'ble Court, it will cause irreparable loss, injury and hardship to me. 5. That I say, that I have got very serious contentions in the suit and have records to show that all amounts due to the respondent-plaintiff towards the aforementioned construction have been fully paid against proper receipts issued by him and there is no amount due from, and payable by me. 6. That I say, that the case has not reached the trial stage. Even the issues have not been framed. The respondent-plaintiff will not therefore in any way be prejudicially affected by setting aside the ex parte order. 7. It is therefore, just and necessary that this Hon'ble Court may be pleased to set aside the order dated passed by declaring the applicant ex parte and to allow me to contest the suit by filing the written statement. It is also necessary that this Hon'ble Court may be pleased not to go ahead with the trial of the suit on the namely the next date of hearing. DEPONENT VERIFICATION I, _______________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein. Signed and verified this _______ day of _______ 20 _______ at _______ DEPONENT Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__ . COUNSEL FOR THE DEPONENT Order VIII Rule 13 of Civil Procedure Code 1908. Rule 13 Order VIII "Setting aside decree ex parte against defendant" In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may he set aside as against all or any of the other defendants also: Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim. Explanation.-Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- AFFIDAVIT- DECLARATION OF THE ACTUAL PLACE OF RESIDENCE
Precedent No. 78 AFFIDAVIT: DECLARATION OF THE ACTUAL PLACE OF RESIDENCE I, , S/o , aged years, residing in , do hereby solemnly affirm and declare as under:— I purchased the house property bearing No from Shri on As a consequence of the aforesaid purchase, I am presently residing in the aforesaid house from I have no other place of residence in the State of ……………….. except the residential address mentioned above. I am swearing to this affidavit to be produced before the Visa Officer,American Embassy, for the purpose of procuring Visa for U.S.A. Sd./. Deponent Verification Verified at………………………………… on this the…… day of ,20 , that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./. Deponent Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the day of ,20 Sd./. Notary Download Word Document In English. (Rs.20/-)
- Affidavit of the petitioner herein-Affidavits-Production of Documents-377
Download Word Document In English. (Rs.60/-) IN THE HIGH COURT OF JUDICATURE OF ………………..AT ………… W. P. No. …………. of …………..…. Between : A.B. ... Petitioner And C.D. … Respondent Affidavit of the petitioner herein I, Mr………………............................................, S/o. ………………………………………………….…..., an adult Indian inhabitant, Occupation …………………............................... District ………………………………..…………………… do hereby solemnly affirm and state as follows :- 1. I submit that originally I was appointed as …………………….……………. in ……………….......................... in the year ……………….., and thus being a servant of ………………………………………., I am governed by the rules and regulations, service conditions, facilities and benefits for which the ………………..………………. employees are entitled too. However, the …………………………. was transferred to …………….………….. in the year ………………………………… but neither myself nor our Union had been a consenting party to such a transfer of undertaking. Though there was a demand by the Corporation that I should execute an agreement opting for the miles and regulations of ………………….…………………. I never executed any agreement since I was not inclined to opt for the same. 2. Thus I am governed by the rules and regulations and the service conditions which are applicable to the employees of the …………………………….……………. 3. I, further submit that I was on Despatch duty as Despatch Conductor at ………………………………. Depot on dated ……………………….………. As Despatch Conductor I had duly despatched the ……………….…………. service at ……………………………..… hours though in fact the said service should have been despatched at ……………………………….. hours. I had transacted my duty as Despatch Conductor and I had done nothing else contravening any of the regulations, guidelines or instructions of the ………………………………..…………… 4 . I further submit that to my surprise I received an order of suspension dated …………..…………. passed by the respondent alongwith the charge memo, dated …………… by proceedings …………..……. No. ……… on the ground that I had despatched …………………………… adults and ……………………..…… children who are bound for …………………………….… an Intermediate stage in ……………………..………… service, and that I colluded to have some personal gains. I also submit that surprisingly these proceedings were initiated on the basis of some letter by some unknown workers of ……………………..…………… Depot. It is surprising that on such an anonymous letter which was not even signed by any party the respondent herein had initiated the present action of suspending me from service. 5 . I also submit that in fact on ………………………..…………. the service was despatched at ………………........... hours for want of passengers. Apart from the passengers specified in the present proceedings the other passengers were only ............... passengers. Even otherwise this service being an ordinary service having stops at ………..................…… and also other places in between ……………….……… we are duty bound to issue tickets and we are not expected to take the vehicle empty or partially vacant when distinct tickets are not available. It is futile on the part of the respondent to initiate the present action on the ground that too at the instance of the certain unknown persons. 6. I also submit that since I secure certain benefits by virtue of.I.D.No . ........................................... on the file of the Industrial Tribunal-cum-Labour Court, ................................................... against the respondent, therespondent aggrieved of the same and has been harassing me by initiating such action. Hence, the impugned proceedings are mala fide and made by the respondent with ulterior motive. The said proceedings dated ……………. i.e., ……………. No. ................. are not sustainable on the following amongs other Grounds : i. The respondent has no competency or authority to initiate the present action and hence the proceedings are without jurisdiction. ii. The respondent even otherwise is not the competent authority to cause notice under Rule 10 or 11 of the Classification, Control and Appeal Regulations. iii. The petitioner never opted for the Rules and Regulations of the ……………………………. by executing any agreement as such. iv. Even otherwise the proposed punishment is highly unreasonable and excessive. v. The action of the respondent is arbitrary and is not supported by any Rules or Regulations. vi. The action of the respondent cannot stand to legal scrutiny since the petitioner is bound to dispatch the service in time with loaded tickets. Apart from this the action of the respondent is mala fide. vii. The impugned proceedings at the instance of the certain anonymous persons is not sustainable in law. viii. The other grounds will be urged at the time of hearing. ix. Under these circumstances, I have no other alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court, under Article 226 of the Constitution of India. x. Earlier I have not filed any suit, writ, or appeal either before this Hon'ble Court, or before any other Court of Law or authority, regarding the subject matter of the present Writ Petition. xi. Under these circumstances, it is just and necessary in the interests of Justice that this Hon'ble Court may be pleased to -- a. To issue a Writ of Certiorari, or any other appropriate writ, order or direction, calling for the records pertaining to the proceedings No. ……………………................ dated …………………………….. issued by the respondent, and quash the same as illegal, arbitrary and unconstitutional ; b. To suspend the operation of the Proceedings No. ……………………………. dated …………................... issued by the respondent, pending the disposal of the above Writ Petition ; and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, as otherwise I will be put to irreparable loss, hardship and damage. Solemnly affirmed at ..................... on this …………….. day of.............. 20...... Deponent Before me Advocate............. WRIT PETITION Under Article 226 of the Constitution of India IN THE HIGH COURT OF JUDICATURE OF ……………… AT ……………… W. P. No. ……….. of ……….. Between : A.B. … Petitioner And C.D. … Respondent The address for service of all notices, summons, and process on the above named petitioner is that of his counsel Mr. ......………………. Advocate, High Court Advocates' Association, High Court Buildings, …………………. For the reasons and in the circumstances stated in the accompanying affidavit the petitioner herein prays in the interests of Justice, that this Hon'ble Court may be pleased to Issue a Writ of Certiorari, or any other appropriate writ, order or direction, calling for the records pertaining to the Proceedings ……………… No. …………. dated ………….. issued by the respondent, and quash the same as illegal, arbitrary, and unconstitutional, and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Place : ……….... Dated : ………… Advocate for Petitioner WRIT PETITION MISC. PETITION Under Section 151 of CPC IN THE HIGH COURT OF JUDICATURE OF ………………… AT …………… W.P.M.P. No. …………… of ……….. W.P. No. …………… of …………. Between : A.B. … Petitioner/Petitioners And C.D. … Respondent/Respondents For the reasons and in the circumstances stated in the affidavit filed in support of the above Writ Petition, the petitioner herein prays in the interests of Justice, that this Hon'ble Court may be pleased to suspend the operation of the ……………………….……. No. ………………………. dated ………… issued by the respondent, pending the disposal of the above Writ Petition, and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Place : ……………….. Dated : ………………. Advocate for Petitioner
- AFFIDAVIT- FOR SETTING ASIDE AN ORDER DECLARING DEFENDANT EX PARTE
Precedent No.10 AFFIDAVIT: FOR SETTING ASIDE AN ORDER DECLARING DEFENDANT EX PARTE BEFORE THE II ADDL CIVIL COURT, of 20 Miscellaneous Application No. of 20 In Original Suit No Applicant/Defendant: Vs. Respondent/Plaintiff: AFFIDAVIT I……………………, , S/o , aged , residing in ……………….. , do hereby solemnly affirm and state as follows:— 1. That I say, that I am the defendant in the above suit and the applicant inthe application. I am well conversant with the facts and circumstances ofthe case and stand competent to swear to this affidavit. 2. That I say, that the aforementioned suit is for the recovery of an amount of Rs …, allegedly due to the respondent-plaintiff from me, for taking up the construction work of the applicant's official premisesbearing No 3. That I say, that notice in the suit was not duly served on me. I happen tobe a tenant in the first-floor of the house property bearing No The said premises is the abode of two more tenants. The notice was in fact served on my neighbour residing on the ground-floor of the same premises. The said neighbour did not care to inform me about any such service of notice and it was only on enquiry that I came to know that the address was wrongly given into the Process Memo of the summons by the respondent-plaintiff and therefore the notice was returned unserved earlier. Therefore, there was no due or proper service of notice on the applicant. 4. That I say, that it was only from one of my employees, who happened tohave a case before this Hon'ble Court last week, that I came to knowabout the filing of the suit and the declaration of the applicant ex parte bythis Hon'ble Court, not having appeared before this Hon'ble Court inspiteof the alleged service of notice. This has caused great inconvenience andhardship to me. I further came to know that this Hon'ble Court had posted the case to for plaintiff's evidence. If evidence is taken ex parte and the suit decreed by this Hon'ble Court, it will cause irreparable loss, injury and hardship to me. 5. That I say, that I have got very serious contentions in the suit and haverecords to show that all amounts due to the respondent-plaintiff towardsthe aforementioned construction have been fully paid against properreceipts issued by him and there is no amount due from, and payable byme. 6. That I say, that the case has not reached the trial stage. Even the issues have not been framed. The respondent-plaintiff will not therefore in any way be prejudicially affected by setting aside the ex parte order. 7. It is therefore, just and necessary that this Hon'ble Court may be pleased to set aside the order dated passed by declaring the applicant ex parte and to allow me to contest the suit by filing the written statement. It is also necessary that this Hon'ble Court may be pleased not to go ahead with the trial of the suit on the namely the next date of hearing. Sd./ Deponent. Verification Verified at on this the day of , 20 that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom. Sd./ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of , 20 Sd./ Counsel for the deponent. Note.—The affidavit is to be attested by the appropriate authority prescribed under law. Download Word Document In English. (Rs.30/-)
- Affidavit with the application for service of summons by substituted service-Affidavits-Miscellaneous-1994
AFFIDAVIT WITH THE APPLICATION FOR SERVICE OF SUMMONS BY SUBSTITUTED SERVICE In the Court of Munsif Haveli . ................ Suit No ……………………..of ………………….. A ....................... Plaintiff v B ...................... Defendant Affidavit of A, son of……………………….aged about ………………….years resident of …………………. I, A son of………………………..…………..aged about…………………………years, resident of .............................................................................................take oath and state as under: 1 . That I am the plaintiff in the abovementioned suit and as such am fully acquainted with the facts deposed to below. 2. That the summons in this suit have been issued to defendant B at his residence at and were returned unserved with the report that the defendant had gone to his native place ...................... 3 That when the summons were taken out again on ……………… was returned with the report of the Court's summons server that the defendant is not available and the summons were affixed on the door of his house. 4. That the defendant Shri…………………..is intentionally avoiding service of the summons to harass the plaintiff. 5. That in the interests of justice, it is necessary that the summons be served by registered post, and if the court deems necessary that the service of the summons be also effected through the newspapers, the plaintiff is ready to defray the expenses for the service of summons by post and/or by advertisement in the newspaper. I, A, the above named deponent do hereby verify that the contents of paras 1 to 5 of this affidavit are true to my knowledge and nothing material has been concealed and no part of it is false. So help me God. Verified at……………………….on this……………………..day of …………… Download Word Document In English. (Rs.20/-)
- AFFIDAVIT- UNDER SECTIONS 138 AND 141 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
Download Word Document In English. (Rs.50/-) Precedent No. 76 AFFIDAVIT: UNDER SECTIONS 138 AND 1 41 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 IN THE COURT OF METROPOLITAN MAGISTRATE, In Criminal Complaint No of 20 Complainant: Vs. Accused: P.S.: AFFIDAVIT aged years, Proprietor Ltd., having main office at , do hereby solemnly affirm and declare as under: That the deponent shall hereinafter call himself as 'complainant' and the opposite party as 'accused'. That the deponent is the complainant in the above matter and is conversant with the facts and circumstances of the case and competent to swear this affidavit which further states as under. That the complainant is the proprietor of the , having main office at the above address as stated in the title of the complaint. That the respondent accused person is the proprietor of M/s That during the course of business, the respondents purchased fancy lights from the complainant vide bill already Ex. CE-1/7. That the accused person issued a cheque bearing No , for a sum of Rs , drawn on , in discharge of his liability towards the above bill which is already Ex. CW-1/1. 7. That the said cheque on its presentment has been returned by the banker of the accused person dishonored for the reason of 'stop payment' vide the memo of the banker which is already Ex. CW-1/2 which is dated 11-02-05. 8. That the counsel of the complainant issued a legal notice under section 138 of the Negotiable Instruments Act, 1881, dated , by Registered post with AD and UPC and the notice was duly served on the accused as the AD is received back. No payment is made in compliance with the said notice by the accused. The said notice is Ex. CW-1/3, postal receipts are Ex. CW-1/4 and 5 and the returned AD is Ex. CW-1/ 6. 9 It is further stated that the aforesaid notice was mischievously replied to, by the accused, through his counsel , which is Ex. CW-1/8, with its envelop EX. CW-1/9, the contents whereof are vehemently denied as being false and frivolous and concocted except what has been admitted therein. 10. That in view of the above, the accused person has committed an offence under section 138 of the Negotiable Instruments Act, 1881 for which he is liable to be fined for the double the amount of the cheque and imprisonment of 2 years and the complainant is entitled for compensation to the extent of fine imposed upon the accused persons. That the accompanying complaint is filed in absolute compliance with the relevant statutory provisions. That the offence as stated above has been committed within the exclusive territory of The banker of the complainant is also situated within the jurisdiction of this Hon'ble Court. Therefore, this Hon'ble Court has the jurisdiction to deal with this matter. That no other complaint whatsoever has been filed by the complainant so far before any other authority or court of law in respect of the cheque which is the subject-matter of this complaint and the deponent reserves his rights to file civil case also as per law. In view of the above, it is prayed in the interest of justice that this Hon'ble Court may be pleased to try and punish the accused person with imprisonment of two years and fine of double the amount of cheque and direct the same to be paid to complainant as compensation as per law. This Hon'ble Court may be pleased to mould the relief as per law as may deem fit and proper in the facts and circumstances of the case and to meet the ends of justice or may grant any other relief in favour of the complainant accordingly. SdJ Deponent. Verification Verified at on this the of 20 that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information of the deponent and nothing material has been concealed therefrom. SdJ Deponent. Solemnly affirmed and signed before me by the deponent, who is personallyknown to me, on this the day of ,20 SdJ Counsel for the deponent. Note: Affidavit to be attested by the appropriate authority prescribed under law. Prayer may be avoided. Language should be in 'first person'.
- Affidavit by way of examination in chief-Affidavits-Miscellaneous-357
AFFIDAVIT BY WAY OF EXAMINATION IN CHIEF IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, PUNE AT PUNE Reg. Civil Suit No. 305/2003 Smt. RDS & Others, Plaintiffs VsSmt. PPS & Others _ Defendants AN AFFIDAVIT IN EXAMINATION-IN-CHIEF ON BEHALF OF THE PLAINTIFFS AFFIDAVIT I, Shri RDS, age 35 years, occupation - business, resident of 500 Deccan Gymkhana, Pune 411004, the plaintiff No. 2, for himself and other plaintiffs, do hereby state on solemn affirmation as follows : 1. That the plaintiffs have filed the present suit against the defendants for declaration and injunction. 2. That the suit properties described in para 1(A) and para 1 (B) of the plaint are self-acquired of my father, the Late Shri DMS, who hadacquired and purchased the same by registered sale-deeds from time to time, as has been mentioned in the plaint. 3. That, however, the suit property, i.e. one shop, described in para 1 (C) of the plaint is rented and tenanted. 4. That the plaintiffs submit that the suit properties were self-acquired properties of the said Late Shri DMS, and the same came to the absolute and exclusive share of the plaintiffs by virtue of the will made and executed by the said deceased Shri DMS during his lifetime, on . 5. That the said will is also registered by the said testator, Late ShriDMS, with the office II, vide Sr. No. 5555, dated ……………. 6. That prior to the execution of the said will made by the said deceased Shri DMS, a will of the said testator was caused to be made and executed by the defendant Nos. 1,5,8 and 9, on 9.7.1991. However, the said-will, which was caused by the defendant Nos. 1, 5, 8 and 9, was revoked and cancelled by the said deceased only during his lifetime on and by a fresh will made and executed by him on and thereafterwards, the said testator did not make any will or codicil. 7. That the defendant No. 1 is the daughter-in-law of the said deceased,while the defendant Nos. 2, 3 and 4 are the children of the defendantNo.l; the defendant No. 5 is also the daughter-in-law of the saiddeceased, while the defendant Nos. 6 and 7 are the children of the defendant No. 5; the defendant Nos. 8 and 9 are the sons of thedeceased. 8. That there have been strain relationships between the said deceased and all the defendants as a result thereof the said deceased only during his lifetime mad the said will on_________ in favour of the present plaintiffs as his beneficiaries, and he has also revoked and cancelled the will, dated , which was caused by the defendants by force, duress, compulsion and the like illegal means. 9. That the said so-called will, dated_______ , was also caused to be registered with the office of the Sub-Registrar, Haveli No. I, Pune, at Sr. No. 1111/2003. 10. That the defendants have ill-treated the said deceased generally during his lifetime and particularly during his old age illness and decrepitude and subjected him to cruelty, inhumanity, excruciating mental tensions, tortures, agony, misery and everything of bad nature, and the reasons for the same were only the suit properties, which the defendants wanted to get devolved upon them to the maximum shares. 11. That even though all the defendants were living separately and apart since the year_________they used to come to the said deceased and many a time created a scene only with a motif to extract more and more shares in the properties by hook or by crook and without caring for either social values or legal provisions. 12. That the deceased has always had refused to submit to the illegal demands made by the defendants, and being aggrieved and offended by the very legal attitude of the said deceased, the defendants started to misbehave with the deceased and also had gone to the level of taking revenge on the deceased, because the said deceased refused to succumb to the illegal demands made by them. 13. That as a part and parcel of the ill-treatment and harassment meted out to the said deceased by the defendants, on__ at 11.30 a.m., the defendant Nos. 1, 5, 8 and 9 took the deceased by force in an autorickshaw to the office of the Sub-Registrar, Haveli No. I, for causing the execution of the said will by force, duress, compulsion, tensions and tortures, as aforesaid. 14. That since the defendants had caused the execution of the said will on_______________against the wish and will of the deceased, he corrected the same by making and executing a fresh but last will as a legal and valid will, on, in favour of the present plaintiffs only as the beneficiaries of the said deceased. 15. That the defendants also attempted to prepare and produce a bogus will showing to have been made and executed as on and by such a bogus will, the defendants have tried to prepare a false record to show that they are also entitled to claim shares in the suit properties to which they were not and shall never be entitled to claim anything. 16. That the plaintiffs for himself and other plaintiffs do hereby declare and affirm that the said will made and executed by the deceased on being legal, valid and the last will enforceable at law, the present plaintiffs are the exclusive beneficiaries and, hence, the owners of the suit properties described in paras 1(A) and 1(B) of the plaintiff, and also tenants-in-common in respect of the tenanted premises described in para 1(C) of the plaint. 17. That the revenue authorities have entered in the record of rights the names of the plaintiffs as well as the defendants subject to the final decision given by the civil court in respect of the disputed wills, dated and 18. That being aggrieved by the decision of the revenue authorities, the present plaintiffs are constrained to file the present suit against the defendants for declaration and injunction in respect of the will lawfully made and executed by the said deceased, the Late Shri DMS, on . 19. That the written statement filed by the defendant No. 8 is relevant, and by the same, the defendant No. 8 clearly admitted the fact of causing the said will onto be unlawful and illegal, too. 20. That the contents of the written statement filed on behalf of the defendant Nos. 1 to 7 and defendant No. 9 are false and denied by the plaintiff categorically and in toto. 21. That all the contents of the plaint filed by the plaintiffs are true andcorrect. 22. That all the documents filed by the plaintiffs be exhibited and read in evidence. 23. That taking into consideration this factual and legal position, the plaintiffs pray that the suit of the plaintiffs be kindly allowed anddecreed in favour of the plaintiffs with costs, and injunction orders against the defendants as prayed for be kindly passed. WHATEVER stated above in paras 1 to 23 is true and correct to thebest of my knowledge and belief, and so I have signed hereunder at Punethis __ day of 200_. Sd/- PLAINTIFF NO. 2 FOR THE PLAINTIFFS I know the Plaintiff No. 2 Sd/- x Xx ADVOCATE FOR PLAINTIFFS Download Word Document In English. (Rs.40/-)
- Affidavit filed on behalf of the petitioner-Affidavits-Affidavits under Companies Act and Rules-409
IN THE COURT OF ……………….. I.P. No. ………………. Between : A.B. … Petitioner And C.D. … Respondent(s) Affidavit filed on behalf of the petitioner I, Mr ............…..........……………………………………………… son of ....................................................…..….………, an adult Indian habitant, Occupation : .......……………………., residing at ………………………………………………………………………………………………………………………….……………….., do hereby solemnly affirm and state as follows: 1. I am the petitioner herein and am well acquainted with the facts of the case. 2. I submit that I filed the above I.P. to adjudge the respondents as insolvents. 3. I also further submit that the respondents with a view to defeat and delay the claims of the creditors are not at all managing the properties shown in the I.P. properly. 4. Narrate the details and the facts of the case. 5. I also submit that inasmuch as the I.P. is admitted, in the interest of justice and for management of the petition schedule properties an interim receiver has to be appointed. It is therefore prayed that this Hon'ble Court may be pleased to appoint an interim receiver for the purpose of management of the I.P. Schedule properties and pass such other suitable orders. Solemnly affirmed at ……………. on this the …………. day of ………… and signed Deponent Before Me IN THE COURT OF ………………. I.A. No. ………….. I.P. No. ………….. Between : A.B. … Petitioner And C.D. … Respondents PETITION FILED BY THE PETITIONER UNDER SECTION 20 OF THE PROVINCIAL INSOLVENCY ACT READ WITH ORDER 40, RULE 1, C.P.C. That for the reasons stated in the affidavit herewith filed it is prayed that this Hon'ble Court may be pleased to appoint interim receiver for the purpose of managing the petition schedule properties and pass such other suitable order. Place : Dated : Advocate for Petitions Download Word Document In English. (Rs.20/-)
- Affidavit For Extending Time To File The Income Tax Return.
Affidavit For Extending Time To File The Income Tax Return BEFORE THE ………………………………. In the matter of…………………………. Affidavit of Mr…………………………….……….. aged ………………………………………………. Years …………. S/o Mr. ………………………………………………..…………. Resi ________________________________________. I, the above named deponent solemnly affirm and state as under : 1. That the deponent is the managing Director of the company and hence is fully conversant of the facts deposed below. 2. That the deponent was required to file the return of the income of the Company by ………………., _______________________________________________. 3. That the deponent received a notice under sub section (2) of Section 139, requiring to file the return of the company by ………………………………………………………. 4. That the Company’s accounts have been closed on …………, ………………………._ and have been given to the chartered accountant for audit purposes. 5. That since audit work was not complete, the deponent applied for extension of time upto……….., ____ on prescribed form No. 6. 6. That form 6 was filed by the deponent on the receipt counter and receipt was obtained. A photo copy of the same is enclosed as Annexure ‘A’. 7. That after filing form 6 and obtaining the receipt the deponent contacted the Income tax Officer, of his ward and the Income tax Officer assured that the time shall be extended and intimation to this effect shall be sent to the deponent. 8. That because the deponent did not receive any intimation from the Income tax Officer till ………………………………, , he appeared on the said date before the said Officer and requested for extension of time and passing of order to that effect. 9. That the Income tax Officer informed the deponent that the time was extended upto ……./…./…,…. 10. That the deponent filed the return of his company of ……………………………… in accordance of the order of the income tax Officer, verbally communicated to the deponent. Deponent VERIFICATION I, ……………………………………………………, the above named deponent do hereby verify that the contents of this affidavit form paras 1 to 10 are true to the best of my knowledge and belief, Nothing material has been concealed. Deponent Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)














