9911796707
TMI Blog1997 (2) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of an affidavit dated 17-2-1997. At the request of the Petitioner's counsel, this case which was directed to be listed on 28-2-1997, is taken up today. 2. The Oath Commissioner has admitted that she had administered the oath regard to the affidavit verifying the petition on 30-1-1997; that due to oversight, the signature of some one other than the Petitioner was obtained to the affidavit of petitioner; and that though the normally insists that the persons making the affidavits should appear before her and sign the affidavits, in this case the mistake has occurred unintentionally and accidentally. Though she was required to produce the Oath Register maintained by her, she has not produced it. She stated in answer to a query that she has not recorded this transaction in the Oath Register nor issued a receipt for the fee received. She has assured that she will ensure in future that no such errors occurred. 3. Notaries and Oath Commissioners are required to follow the Rules carefully in administering oath/affirmation. The act should not be done in a casual or incomplete manner giving room for an impression that the affidavit has been attested in the absence of the depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indicating which facts are verified from knowledge of the deponent and which facts from information and his belief and also contain a statement that the copies of documents produced are true copies. Rules 5 and 21 of the said Writ Rules provide that objections to a writ petition and a reply to objections in a writ petition shall also be supported by affidavits. Unless the subject-matter involves complicated questions of facts requiring oral evidence, the writ petitions are decided on the averments contained in the writ petition and the statement of objections, truth of which is affirmed in the affidavits verifying such writ petition and statement of objections. 4.3. Thus, when an affidavit is tendered in Court, it is intended to be acted upon as evidence in such proceedings. Evidence, unless given on oath or solemn affirmation, is of no value. Normally administering oath before recording evidence is the function of persons authorised to receive evidence. This important and solemn function is assigned and entrusted to Notaries, Oath Commissioners and Designated Officers, under Code of Civil Procedure, Code of Criminal Procedure and High Court Rules. Persons entrusted with the du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be used in the High Court. Sub-rule (2) of Rule 5A requires the Oath Commissioner to maintain a register in the form prescribed, in which particulars of all affidavits shall be entered; and the Oath Commissioner is required to pass a written receipt to the deponent for the fee received in the form prescribed. Note 2 to the said Rule provides that, with a view to ensure that particulars of all the affidavits which are attested are duly entered in the Register and receipts for the fee received are given, the Oath Commissioner should send a report within 15 days at the end of every three months, about the total number of affidavits attested and the amount of fee collected during the previous quarters to the Registrar or any other authorised officer of the High Court; and the Registrar or the Authorised Officer is empowered to make periodical inspection of their Registers and receipt books. 5.2 Rule 5A(2) requires the Oath Commissioner to maintain a Register in the form prescribed and to enter the serial number, name and address of the person tendering the affidavit, date of administering oath or affirmation in columns (1), (2) and (3) of the register maintained by him, in rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s required to authenticate every correction, alteration or interlineations by placing his initials near it and also enter at the foot of every page the number of such authenticated corrections, alterations or interlineations and enter the words 'nil' if there are none; and initial such entry and sign his name and enter his designation at the end of the affidavit and affix thereto the official seal. If the deponent is not personally known to the Attesting Officer, he should be identified by a person known to the Attesting Officer and the fact of such identification together with the name and description of the person making the identification is required to be recorded at the end of the affidavit. If the deponent is not known to the Attesting Officer, and is not identified by and other person, the left hand thumb impression of the person making the affidavit is required to be affixed at the end of the affidavit and be certified to be such impression by the Attesting Officer. If the deponent appears to be an illiterate or blind or is unacquainted with the language in which the affidavit is made or written, the affidavit has to be read out and explained to the deponent in a la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the requirement of the relevant Rules, this is insufficient. For attestation or administration of oath/affirmation to be complete, necessary particulars have to be entered and signatures affixed in the Register and the endorsement made on the affidavit should contain the serial number of the transaction as entered in the Register and also contain the place of attestation (address of the Notary/Oath Commissioner). Mentioning the serial number of the transaction (as entered in the Register) in the affidavit while making the endorsement of attestation is the only way of ensuring that a record of attestation is maintained by the Oath Commissioner/Notary. This requirement is also evident from a combined reading of the relevant provisions governing the matter. Unless the transaction particulars are entered, and the signatures are affixed in the Register as required, and the serial number of the transaction in the Register and the place of attestation (address) are mentioned in the endorsement made, the act of administration of oath/affirmation will be incomplete, and it cannot be said that in such circumstances the affidavit is duly attested. It will be a defective affidavit. 7. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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