Landmark Judgments

Ayaaub Khan Noor Khan Pathan Vs. State of Maharashtra & Ors.,(2013) 4 SCC 465 (Affidavit is not an evidence)


Ayaaub Khan Noor Khan Pathan Vs. State of Maharashtra & Ors.,(2013) 4 SCC 465 (Affidavit is not an evidence)

The court held that Affidavits are not included within the purview of the definition of “evidence” as it has been given in Section 3 of IEA 1872 (Section 2 of BSA, 2023), and the same can be used as “evidence” only if, for sufficient reasons, the Court passes an order under Order XIX of CPC, 1908 Thus, the filing of an affidavit of one's own statement, in own favour, cannot be regarded as sufficient evidence for any Court or Tribunal, on the basis of which it can come to conclusion as regards a particular fact in situation.