SLP Counter Affidavit Format India - Free PDF/Word Download

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Title: Format of Counter Affidavit Against Special Leave Petition (SLP) Under Article 136 of the Constitution of India – Counter Affidavit from Respondents

Are you a respondent facing a Special Leave Petition (SLP) under Article 136 of the Constitution of India and need a professional Format of Counter Affidavit Against Special Leave Petition (SLP)? Our customizable legal template ensures you respond effectively to the Supreme Court's jurisdiction, safeguarding your rights in this critical appellate stage.

In the Indian legal system, Article 136 empowers the Supreme Court to grant special leave to appeal against any judgment or order from any court or tribunal. When a petitioner files an SLP, respondents must file a counter affidavit to rebut claims, present facts, and argue why the SLP should be dismissed. This Format of Counter Affidavit Against Special Leave Petition (SLP) is a ready-to-use legal template designed specifically for respondents, helping you craft a strong defense compliant with Supreme Court rules.

Why is the Counter Affidavit Against SLP Format Important?

Filing a timely and well-structured counter affidavit is crucial under Supreme Court Rules, 2013 (Order XV). It allows respondents to counter the petitioner's grounds, submit evidence, and highlight procedural lapses or lack of merit in the SLP. Without a proper format, your response may be rejected, leading to adverse orders. This format ensures compliance with requirements like verification, annexures, and affidavits on non-judicial stamp paper, minimizing risks in high-stakes constitutional matters.

Key benefits include:

Legal Compliance: Adheres to Supreme Court formats and Article 136 precedents.
Time-Saving: Ready-to-use structure reduces drafting time.
Professional Presentation: Includes all mandatory sections for credibility.
Customizable: Edit for your specific case facts, making it versatile for civil, criminal, or constitutional disputes.

Key Elements of the Counter Affidavit Against SLP Format

Our Format of Counter Affidavit Against Special Leave Petition (SLP) includes essential sections to make your response comprehensive:

Heading and Court Details: Supreme Court of India, SLP details, party names.
Affidavit Introduction: Deponent details, respondent's status.
Preliminary Objections: Challenge petitioner's locus, delay, or suppressions.
Reply on Merits: Paragraph-wise rebuttal of SLP grounds.
Statement of Facts: Respondent's version with supporting evidence references.
Prayer Clause: Seek dismissal of SLP with costs.
Verification: Signed and verified by deponent before notary/oath commissioner.
Annexures: Supporting documents listed and attached.

This structure aligns with standard practices observed in landmark cases like those under Article 136.

Who Should Use This Counter Affidavit Format?

This legal template is ideal for:

Respondents in civil appeals (property, contracts, family matters).
Accused or defendants in criminal SLPs.
Government authorities or public sector undertakings defending tribunal orders.
Businesses involved in commercial disputes reaching the Supreme Court.

Lawyers, advocates, and litigants across India frequently use such formats for efficiency in SLP proceedings.

Download Your Customizable Counter Affidavit Against SLP Format Today

Get instant access to our premium Format of Counter Affidavit Against Special Leave Petition (SLP) in PDF and Word formats. Free download option available for basic version; upgrade for fully editable, India-specific templates ready for court filing. Customize it with AI assistance or professional legal help to fit your case perfectly.

Important Note

While this Counter Affidavit Against SLP Format is based on standard legal requirements in India, it is a template and not a substitute for personalized legal advice. Consult a qualified advocate to tailor it to your facts and ensure compliance with the latest Supreme Court notifications. Explore related legal templates like SLP Format, Rejoinder Affidavit, or Vakalatnama for comprehensive Supreme Court practice.

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FORMAT OF COUNTER AFFIDAVIT AGAINST SPECIAL LEAVE PETITION (SLP) UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA. COUNTER AFFIDAVIT FROM RESPONDENTS

IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION (C) NO. _____ OF 20__

IN THE MATTER OF:

R K P ...PETITIONER

VERSUS

UNION OF INDIA AND ORS. ...RESPONDENTS

COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. 1

I, _____, aged about __ years, S/o _____________, R/o House

No.______________________ _______________, do hereby solemnly state and affirm as under;

1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and being familiar with the facts and circumstances of the case, hence am competent to swear this Affidavit.

2. That the contents of the present Special Leave Appeal filed by the Appellant (hereinafter referred to as "the Present SLP") has been read over to me in a vernacular language and I have understood the contents thereof, save and except what is specifically admitted herein, no part in the present SLP which is not expressly dealt with shall be deemed to be admitted and I crave Leave to those paragraphs during the course of argument as may be necessary.

3. I Say that the Answering Respondent is filing the instant Counter Affidavit to Present SLP to bring on record correct facts and circumstances of the case.

4. At the outset, I repeat, reiterate, confirm and adopt all that has been stated by Answering Respondent in the Writ Petition (PIL) No. ____ of ____. I say that the omission on my part to deal with any statement or contention made in the present SLP shall not be treated as admission thereof. I hereby deny each and every allegation, contention and submission contained in the present SLP under reply which is contrary to or inconsistent with what is stated by me hereunder. I reserve my right to file further affidavit in the matter if the need arises. I do not admit any of the allegations and contentions made by the Petitioners in the present Special Leave Appeal and deny everything that is stated therein so far as it is contrary to or inconsistent with anything that is stated by me hereinafter.

PRELIMINARY SUBMISSIONS

5. That the Present Special Leave Appeal concerns only the direction given by the Hon'ble High Court to CBI to hold a preliminary enquiry into the allegations of corruption against the Petitioner regarding his income and properties owned by him, his kith and kin. The Hon'ble High Court made it clear that when the CBI embarks upon a preliminary enquiry, the Petitioner should not be arrested, but could be interrogated and no case be registered against him. The CBI was directed to hold preliminary enquiry and submit report before the Hon'ble High Court.

6. That the Respondents have not pleaded any facts, or annexed any documents in this affidavit which were not pleaded or were not part of record in the Court below.

REPLY ON MERITS

7. The Answering respondent puts in its parawise reply to the petition subject to and without prejudice to the preliminary objections mentioned above:

1. Contents of Para 1 and 1A are matters of record and need no reply. Contents of paras hereinabove are reiterated and reaffirmed.

2. REPLY TO QUESTION OF LAW

It is denied that the Present Special Leave Petition raises any question of law much less substantial question of law of general public importance for consideration of this Hon'ble Court and is liable to be dismissed with costs. Without Prejudice the answering respondent submits as under:-

A. TO C.

The alleged questions of law under reply filed by the petitioner are baseless, misconceived and does not arise for consideration of this Hon'ble Court.

The alleged question of law under reply framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble Court.

H

The alleged question of law framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble court. The Hon'ble High Court has already considered all the facts and circumstances of the case and rightly pronounced its Judgment / Order.

3. Contents of the Para 3 are denied for want of knowledge. 4. Contents of Para 4 need no reply

REPLY TO THE GROUNDS

5. Contents of the Para 5 of the petition are misconceived and denied. Parawise reply to the grounds is as under:

A, B, C & D

Grounds A, B, C & D are misconceived, baseless and denied and the averments made in the paras hereinabove are reiterated and reaffirmed. That the contents of the ground under reply have been replied specifically in the preliminary submissions supra and the same are not repeated herein for the sake of brevity.

Grounds E is misconceived, baseless and denied and the averments made in the paras hereinabove are reiterated and reaffirmed. That the contents of the ground under reply have been replied specifically in the preliminary submissions supra and the same are not repeated herein for the sake of brevity.

6. REPLY TO GROUNDS FOR INTERIM RELIEF

Contents of para 6 are misconceived, baseless, wrong and denied and submissions are in the para hereinabove are reiterated and reaffirmed.

A TO J

Contents of para A to J are misconceived, baseless, wrong and denied and submissions are in the para hereinabove are reiterated and reaffirmed. It is denied that the alleged petitioner has a prima facie case on merits and is likely to succeed before this Hon'ble Court at all. It is denied that the petitioner would suffer any irreparable loss or injury, as alleged or at all. The balance of convenience is in favour of the respondent. The answering Respondent has good prima-facie case while the petition is only speculative in nature.

In view of the abovementioned facts and law, it is respectfully submitted that the Special Leave Petition has no merit and deserves to be dismissed with costs.

DEPONENT

VERIFICATION:

I, the above named Deponent, do hereby verify that the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from.

Verified at _____________on this ___ day of ________ 20__.

DEPONENT

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Important Guidelines

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.

Frequently asked questions

What is a Counter Affidavit against Special Leave Petition (SLP) under Article 136 of the Constitution of India?→

A Counter Affidavit is a legal document filed by respondents in the Supreme Court of India to oppose an SLP seeking special leave to appeal. It presents facts, arguments, and evidence refuting the petitioner's claims under Article 136.

Is this Counter Affidavit format legally valid for use in India?→

Yes, this format complies with Supreme Court of India rules and practices for counter affidavits in SLP proceedings, ensuring legal validity across India when properly executed.

Do I need to pay stamp duty or court fees for filing this Counter Affidavit?→

Affidavits in Supreme Court matters generally do not require stamp duty, but court fees apply as per Supreme Court Rules. Verify with the latest notifications for India-specific requirements.

In what format can I download this Counter Affidavit template?→

Download the Counter Affidavit in editable Word (.docx) or PDF format for convenient use and printing in legal proceedings in India.

Can I customize or edit this Counter Affidavit agreement?→

Yes, this customizable template allows editing of case details, facts, and arguments to suit your specific SLP response in the Supreme Court of India.

When and who should use this Format of Counter Affidavit against SLP?→

Respondents facing an SLP under Article 136 should use this when filing opposition in the Supreme Court of India, typically within the stipulated time after notice.

FORMAT OF COUNTER AFFIDAVIT AGAINST SPECIAL LEAVE PETITION (SLP) UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA. COUNTER AFFIDAVIT FROM RESPONDENTS

IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION (C) NO. _____ OF 20__

IN THE MATTER OF:

R K P ...PETITIONER

VERSUS

UNION OF INDIA AND ORS. ...RESPONDENTS

COUNTER AFFIDAVIT OF BEHALF OF RESPONDENT NO. 1

I, _____, aged about __ years, S/o _____________, R/o House

No.______________________ _______________, do hereby solemnly state and affirm as under;

1. That I am Respondent No. 1 in the abovementioned Special Leave Appeal and being familiar with the facts and circumstances of the case, hence am competent to swear this Affidavit.

3. I Say that the Answering Respondent is filing the instant Counter Affidavit to Present SLP to bring on record correct facts and circumstances of the case.

PRELIMINARY SUBMISSIONS

6. That the Respondents have not pleaded any facts, or annexed any documents in this affidavit which were not pleaded or were not part of record in the Court below.

REPLY ON MERITS

7. The Answering respondent puts in its parawise reply to the petition subject to and without prejudice to the preliminary objections mentioned above:

1. Contents of Para 1 and 1A are matters of record and need no reply. Contents of paras hereinabove are reiterated and reaffirmed.

2. REPLY TO QUESTION OF LAW

A. TO C.

The alleged questions of law under reply filed by the petitioner are baseless, misconceived and does not arise for consideration of this Hon'ble Court.

The alleged question of law under reply framed by the Petitioner is baseless, misconceived and does not arise for consideration by this Hon'ble Court.

H

3. Contents of the Para 3 are denied for want of knowledge. 4. Contents of Para 4 need no reply

REPLY TO THE GROUNDS

5. Contents of the Para 5 of the petition are misconceived and denied. Parawise reply to the grounds is as under:

A, B, C & D

6. REPLY TO GROUNDS FOR INTERIM RELIEF

Contents of para 6 are misconceived, baseless, wrong and denied and submissions are in the para hereinabove are reiterated and reaffirmed.

A TO J

In view of the abovementioned facts and law, it is respectfully submitted that the Special Leave Petition has no merit and deserves to be dismissed with costs.

DEPONENT

VERIFICATION:

I, the above named Deponent, do hereby verify that the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from.

Verified at _____________on this ___ day of ________ 20__.

DEPONENT

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