Designs Rules, 2001
42.
Form etc. of affidavits. –
The affidavits
required by the Act and these rules, or used in any proceedings there under,
shall be headed in the matter or matters to which they relate, shall be drawn
up in the first person, and shall be divided into paragraphs consecutively
numbered; and each paragraph shall, as far as possible, be confined to one
subject. Every affidavit shall state the description and true place of abode of
the person making the same, shall bear the name and address of the person leaving
it and shall state on whose behalf it is left.
Affidavits shall be
confined to such facts as the deponent is able of his own knowledge to prove,
except on interlocutory applications, on which statements of his belief may be
admitted, provided that the grounds thereof are stated.
3. Affidavits shall be
sworn to as follows :-
a.
In
India, before any court or person having by law authority to receive evidence,
or before any officer empowered by such court or person as aforesaid to
administer oaths or to take affidavits;
b.
In
any country or place outside India, – before a diplomatic or consular office,
within the meaning of the Diplomatic and Consular Officers (Oaths and Fees)
Act, 1948 (41 of 1948) in such country of place or before a notary of the
country or place, recognized by the Central Government under section 14 of the
Notaries Act, 1952 (53 of 1952), or before a judge or magistrate of the country
of place.
1.
2.
3.
4. The person before
whom an affidavit is sworn shall state the date on which and the place where
the same is sworn to and shall affix thereto his seal, if any, or the seal of
the court if the affidavit is sworn to before the court or an officer empowered
by that court and signed his name and state his designation and address at the
end thereof.
5. Any affidavit
purporting to have affixed, impressed or subscribed thereto or thereon the seal
or signature of any person authorized under sub-rule (3), in testimony of the
affidavit having been sworn to before him, may be admitted by the Controller
without proof the genuineness of the seal or signature, or of the official
position of that person.
6. Alterations and
interlineations shall, before an affidavit is sworn to or affirmed be
authenticated by the initials of the person before whom the affidavit is sworn
to.
7. Where the deponent is
illiterate, blind or unacquainted with the language in which the affidavit is
written, a certificate by the person before whom the affidavit is sworn to, the
effect that the affidavit was read, translated or explained in his presence to the
deponent, and the deponent seemed perfectly to understand it and has signed the
affidavit or affixed his mark in his presence, shall be attached at the end of
the affidavit.
8. Every affidavit filed
before the Controller in connection with any proceeding under the Act or these
rules shall be duly stamped under the provision of any law for that time being
in force.
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