Case Note & Summary
The case involved a contempt petition filed by the complainant against the accused for failing to comply with a prior court order. The complainant, Smt. Savithramma, submitted an affidavit claiming the truth of her statements based on her knowledge, belief, and information. However, the court found the affidavit vague and non-compliant with the Supreme Court Rules, particularly regarding the verification of facts. The affidavit filed by the accused was also deemed improper as it was submitted by a clerk without personal knowledge of the facts. The court emphasized the necessity of strict adherence to the rules governing affidavits, especially when allegations of mala fides or disobedience of court orders are involved. The court rejected both affidavits due to their defects and stated that no reliance could be placed on them, leading to the dismissal of the contempt petition. However, the court allowed the parties to file proper affidavits within six weeks, indicating a willingness to consider the matter further if proper procedures were followed.
Headnote
A) Affidavit Law - Compliance with Supreme Court Rules - Defective affidavits lack probative value - Supreme Court Rules, 1966, Order XI, Rules 5 and 13 - The court held that affidavits must strictly comply with the Supreme Court Rules to be admissible as evidence. The affidavits in question were found to be vague and general, failing to indicate the facts known to the deponent, leading to their rejection. Held that proper verification is essential, especially in cases involving allegations of mala fides (Paras 1.1-1.5).
Issue of Consideration
Whether the affidavits filed in support of the contempt petition complied with the Supreme Court Rules and had probative value.
Final Decision
The court rejected both affidavits due to non-compliance with Supreme Court Rules, leading to the dismissal of the contempt petition. However, the court allowed the parties to file proper affidavits within six weeks.
Law Points
- Affidavit requirements
- Supreme Court Rules compliance
- probative value of affidavits
- verification of facts
- mala fides allegations
