I am new to the profession. I prefer to explore the possibility of doing things in more meaningful and efficient ways.
As I understand there are High Court and Trail court rules which require that an affidavit has to be given whenever an application has to be filed in the court.
There are certain applications that are required to be filed as a matter of procedure. There are no facts that need to be proved in the application. But still every advocate files an affidavit.
Why there is too much of important placed on the procedures then on laws?
Once I filed an application u/s 340 for wrong / false statements made in the court. I was asked to file an affidavit. I argued that in the application I simply referred to contradictory statements before the Hon'ble court by the complainant. One of the statements have to be wrong. Both the statements were on oath - one in examination in chief and second during cross examination. Both were recorded in the Judicial File.
Do I need to file an affidavit in such a case.
As I understand there are High Court and Trail court rules which require that an affidavit has to be given whenever an application has to be filed in the court.
There are certain applications that are required to be filed as a matter of procedure. There are no facts that need to be proved in the application. But still every advocate files an affidavit.
Why there is too much of important placed on the procedures then on laws?
Once I filed an application u/s 340 for wrong / false statements made in the court. I was asked to file an affidavit. I argued that in the application I simply referred to contradictory statements before the Hon'ble court by the complainant. One of the statements have to be wrong. Both the statements were on oath - one in examination in chief and second during cross examination. Both were recorded in the Judicial File.
Do I need to file an affidavit in such a case.
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