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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Counter Affidavit Against a Special Leave Petition (SLP) Under Article 136 of the Constitution of India:
Purpose: A Counter Affidavit is used in response to an SLP filed in the Supreme Court of India. It provides the respondent's side of the case, addressing the allegations made in the SLP. Here's how to draft one:
Title and Parties: Begin with a clear title indicating it's a Counter Affidavit. Identify the parties involved, including the petitioner, respondent, and case reference.
Introduction: State your name, address, and your relationship to the case (e.g., respondent). Mention your solemn affirmation to the contents of the affidavit.
Response to Allegations: Address each of the allegations made in the SLP in a point-by-point manner. Clearly state whether you accept or deny the allegations and provide reasons and evidence for your stance.
Factual Assertions: Present your own version of the facts, providing a chronological account of events relevant to the case.
Legal Arguments: Include legal arguments and authorities that support your position and refute the petitioner's claims.
Prayer: Conclude by stating what relief you are seeking from the Supreme Court in response to the SLP.
Common Mistakes to Avoid:
Failure to Respond Adequately: Ensure that you address all allegations and claims made in the SLP, providing a comprehensive response.
Inaccurate Information: Verify the accuracy of your statements and facts to prevent errors.
Lack of Clarity: Write the affidavit in a clear and concise manner, avoiding jargon or overly technical language.
Excessive Length: Keep the affidavit concise and to the point, avoiding unnecessary details or repetitions.
Ignoring Court Rules: Familiarize yourself with the Supreme Court's rules and procedures for filing counter affidavits and adhere to them.
A well-drafted Counter Affidavit is crucial for presenting your side of the case effectively in response to an SLP. Seek legal advice if necessary to ensure accuracy and compliance with the court's requirements.