https://www.taxtmi.com/caselaws?id=310961 Orissa HC dismissed a bail application due to a defective affidavit filed by an advocate's clerk instead of the petitioner. The court held that advocate's clerks cannot swear affidavits claiming to handle cases before the court, violating HC Rules. An affidavit must be sworn by someone with personal knowledge of facts, not by clerks lacking such knowledge. The court emphasized that affidavits require willing declaration by deponents affirming truth under oath. The Registry was directed to prevent acceptance of such improper affidavits in original jurisdiction matters, as they violate established court rules and legal principles. en-us Fri, 18 Jun 2021 00:00:00 +0530 Tue, 28 Nov 2023 17:52:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310961 Orissa HC dismissed a bail application due to a defective affidavit filed by an advocate's clerk instead of the petitioner. The court held that advocate's clerks cannot swear affidavits claiming to handle cases before the court, violating HC Rules. An affidavit must be sworn by someone with personal knowledge of facts, not by clerks lacking such knowledge. The court emphasized that affidavits require willing declaration by deponents affirming truth under oath. The Registry was directed to prevent acceptance of such improper affidavits in original jurisdiction matters, as they violate established court rules and legal principles. Case-Laws Indian Laws Fri, 18 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310961