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Affidavit

An affidavit is a sworn written declaration that must be notarized and contains facts affirmed as true by the deponent. It must follow specific rules, including being organized with exhibits, containing only facts, and being verified for authenticity. The document also provides examples of affidavits for obtaining an Income Tax Clearance Certificate and a duplicate driving license.

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16 views

Affidavit

An affidavit is a sworn written declaration that must be notarized and contains facts affirmed as true by the deponent. It must follow specific rules, including being organized with exhibits, containing only facts, and being verified for authenticity. The document also provides examples of affidavits for obtaining an Income Tax Clearance Certificate and a duplicate driving license.

Uploaded by

an.unfinished.poetry
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Unit III

3.1 Drafting Affidavit


Definition:
• Affidavit is a written declaration on oath. It is a document that contains facts which are sworn
under oath or are affirmed as true.
• An affidavit means “To Swear” . It is a sworn statement in writing made especially under
oath or on affirmation before an authorized magistrate or officer.
• Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908)
• It is duly attested by the Notary or Oath commissioner appointed by the court of law. The
duty of the notary and oath commissioner is to ensure that the signature of the deponent is not
forged.
• Hence, the deponent himself needs to be present before the Notary/ Oath Commissioner
during the attestation of the affidavit.
• the law pertaining to affidavits is covered under Section 139 and Order XIX of Code of Civil
Procedure, 1908 along with Order XI of Supreme Court Rules.
• The Supreme Court in Amar Singh v. Union of India and Others, has issued
directions to the courts registry to carefully scrutinize all affidavits, petitions and
applications and reject those which do not conform to the requirements of Order
XIX of the Code of Civil Procedure and Order XI of the Supreme Court Rules.
The Supreme Court has highlighted the importance of affidavits in this judgment
and has discussed various judicial pronouncements on the aspect.
General Rules:
1. Affidavit may have letters or other important documents attached to it. These
are often referred to as exhibits to the affidavit.
2. Exhibits, should be arranged in alphabetical order (i.e., Exhibit “A”, Exhibit “B”
etc.). Each page of the exhibits has to be numbered consecutively. Therefore, if
you have exhibits “A” to “G” totalling 40 pages, one exhibit may contain 2 pages
and another 8 pages. You start numbering with exhibit “A” at page 1 and you
finish with exhibit “G” at page 40. Print in the number for each page of the
exhibits. It is best to put this number in the middle of the page.
3. Affidavit must contains facts, not opinions.
4. Person, making affidavit, called as deponent, should be fully described in an
affidavit in order to establish his identity clearly.
example: I, Mr. A, Son of Mr…………, aged about……., Occupation…………..,
resident of……………….., do hereby solemnly declare and affirm on oath as
under:
5. Affidavit should be divided into paragraphs and numbered consecutively and
each para should state one fact only.
6. Incorporate all the important facts and revise it thoroughly as no amendment is
permitted in affidavit.
7. If there is any error or any addition is intended, then a supplementary affidavit
can be filed only after the respective court’s permission.
8. An affidavit must be verified to show the genuineness and authenticity of facts
made therein and also to make deponent liable.(Order XIX, Rule 3, CPC).
9. Affidavit is signed only by the deponent.
Affidavit to be Furnished to The Income Tax Authorities for obtaining Income Tax
Clearance Certificate
AFFIDAVIT

Before the Income Tax Officer, New Delhi

Affidavit of Mr/Ms._______ S/o,/D/o Mr._____ aged___ years, resident of _____________.


I, the above named deponent, solemnly affirm and declare as under:
1. That I am fully conversant with the facts deposed to below.
2. That I am holder of Indian Passport bearing No. _________dated _______.
3. That I am permanent resident of _____________.
4. That my sources of income are Income from Salary, Income from business and Income from
House Property.
5. That I am duly filing my income tax returns and have paid all my tax liabilities on my total
income till the Assessment Year _________
6. That I have no other source of income.

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.
DEPONENT

Verified at _________on this 16th Day of May 2019, at 10:30 AM, by (Name of Verifying Authority)
Regional Transport Authority for Issuance of Duplicate Driving License
AFFIDAVIT

Before the Regional Transport Officer, New Delhi.

Affidavit of Mr./Ms._______,S/o./D/o., Sh._____aged_____ years, Resident of ______ .


I, the above named deponent, solemnly affirm and state as under:
1. That I am the applicant in the application for the issue of duplicate driving license and
as such fully conversant with the facts deposed to below.
2. That I was issued driving license no.________ on _________ by your office to drive
Scooter and Jeep with gears.
3. That my driving license no. ____________ has been lost on or about __________, for
which I have lodged FIR with Police Station, __________vide FIR No. _________ dated
_____________.
4. That I have not deposited the said driving license with any Court or any other public
authority.
5. That my license has not been cancelled and no charge sheet has been filed against me for
any offence under the Motor Vehicles Act or Rules made thereunder or any other law for
the time being in force.
6. That I am otherwise qualified to hold the driving license.
7. That if the original license will be found, I undertake to deposit the same with your office.
8. That in view of the above, it is necessary that duplicate driving license be issued to me.

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.
DEPONENT

Verified at _________on this ____Day of____________, at__________, by (Name of Verifying Authority)

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