Judicial Dictionary - A

Judicial Dictionary


Legislative Dictionary


Affidavit

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CategoryA
TitleAffidavit
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A written statement sworn before a person having authority to administer an oath. An affidavit must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory motions on which statements as to his belief, with the grounds thereof, may be admitted. An affidavit may be sworn to either in print or in manuscript, or partly in print and partly in manuscript. Affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. 

( Section 3(3) of the General Clauses Act, 1897 (Act X of 1897) ) 

Affidavit is different from deposition, in that the former is always made ex-parte and without cross-examination, while the latter is evidence given on oath in the witness box and is subjected to cross-examination of the deponent.

( Md. Huamyun Kabir Vs. The State (1976) 28 DLR 259 ) 

See, S.3 (3) of the General Clauses Act, 1897(Act X of 1897). 

Created OnMay 8, 2010, 7:42 PM
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