Affidavit Guide PDF

AFFIDAVIT  MEANING AND PURPOSE Affidavit is “a written statement which is voluntarily made by a person, before a person who is authorised by law to administer affirmations and oaths in order to attest them”. Attesting an affidavit or a declaration provides a legal sanctity and r...

AFFIDAVIT  MEANING AND PURPOSE Affidavit is “a written statement which is voluntarily made by a person, before a person who is authorised by law to administer affirmations and oaths in order to attest them”. Attesting an affidavit or a declaration provides a legal sanctity and recognition to it along with a binding value. An affidavit is a tool to guarantee a person’s word which when discovered to be untrue, may result in a necessary action against the person who has given the false undertaking.  PARTICULARS TO BE INCLUDED IN AN AFFIDAVIT At the top, write the name of the court, tribunal in which the affidavit is to be submitted, along with the allotted case/suit no and jurisdiction. Mention the names of parties in brief. As a heading/title of the document, mention ‘AFFIDAVIT’ in the bold and underlined font. Thereafter give the details of the deponent (the person who is testifying as to the truth of submissions made by him, in the main petition) such as the name of the deponent and his father, age of deponent and his residential address, followed by ‘Do solemnly affirm and declare as under.’ In the first paragraph after the introduction, the deponent has to mention that he/she is the plaintiff in the suit for which the affidavit is being submitted and he has to make a declaration that he is fully aware and conversant with the facts of the case and can testify for the same.  In the second paragraph, mention that the petition or submission made in the petition has been drafted by the counsel of the deponent and that the contents have been read over in vernacular language, with detailed explanation made to the deponent, along with consequences of the same, been explained to him. Mention in brief the circumstances of the suit or the submission made by the deponent. In case the main petition already contains the details, the same need not be repeated in the affidavit and one can mention that ‘contents of the petition are not being repeated here for sake of brevity and therefore one shall consider the same as a part of this affidavit.’ Lastly, state that it is the deponent’s true and correct statement, followed by a paragraph about verification, which will state that contents of the affidavit are true and correct to the deponent’s knowledge and that nothing material has been concealed  Essential elements of an affidavit The declaration should be made by a natural person, Contents of the affidavit should relate and connect with the said facts of the case, The declaration must be in writing, The language of the said declaration must be in the first person, The affidavit must be followed by verification by the legal counsel.  AFFIDAVIT ACTIVITY The University of Delhi barred Akshita, a final year student from registering for the examination on the ground that she failed to remit her tuition fee within the last date. Akshita is a resident of Flat No. 420, AG Building, Ashok Nagar, West Delhi – 500776. She had tried approaching the University officials who have repeatedly denied her the opportunity to appear for the exam. She is ready to remit the fine also. What is her remedy? Draft an affidavit for the appropriate remedy.