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‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’
While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.
“The Court is conscious of the fact that, ordinarily, Government officials holding top positions ought not to be called before this Court. However, if personal appearance is not ordered, it appears that no affidavits are being filed.”
The issue raised is of substantial importance particularly to those residing in rural areas and not having access to adequate and sufficient medical and health necessities by way of hospitals and other ancillary facilities offered in those hospitals.
‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’
In the earlier order, the Supreme Court deferred the hearing after noting that the defects in the Delhi Government’s petition copy have not been removed.
Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.
“Several cases are filed in this Court every week in which it is alleged that Municipal Corporation of Delhi has taken no action despite several complaints having been submitted regarding a particular construction.”
Delhi High Court noted that after coming to know that the said document was manufactured, respondent 1 filed a complaint before the Bar Council of Delhi against Mr. Sanjay Aggarwal, Advocate.
“It is not stated in the affidavit as to how the documents are relevant to the suit except stating that, the documents are important and crucial documents to prove that the promissory note suit is a rank forged and materially altered.”
There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.
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