Rejoinder Affidavit Format Supreme Court India

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FORMAT OF REJOINDER AFFIDAVIT AGAINST COUNTER AFFIDAVIT IN SUPREME COURT OF INDIA

Are you facing a counter affidavit in your Supreme Court of India case and need a reliable Rejoinder Affidavit Format to effectively rebut the opponent's claims? Our professionally drafted FORMAT OF REJOINDER AFFIDAVIT AGAINST COUNTER AFFIDAVIT IN SUPREME COURT OF INDIA is designed to help you respond precisely and comply with Supreme Court rules.

What is a Rejoinder Affidavit?

A Rejoinder Affidavit is a crucial legal document filed in the Supreme Court of India in response to a counter affidavit submitted by the opposing party. It serves as your reply to the counter claims, allowing you to clarify facts, rebut allegations, and strengthen your original petition or appeal. Under the Supreme Court Rules, 2013, particularly Order XV, rejoinder affidavits are essential in writ petitions, special leave petitions, and other high-stakes matters to ensure a fair hearing. This format is tailored for Indian legal proceedings, making it a ready-to-use legal template for advocates and litigants alike.

Why is the Rejoinder Affidavit Format Important?

Filing a well-structured Rejoinder Affidavit Format is vital for maintaining procedural integrity in Supreme Court cases. It prevents the opponent's counter affidavit from going unchallenged, which could weaken your position. Key legal requirements include strict adherence to formatting guidelines, such as numbered paragraphs, sworn verification, and court-specific annexures. Using a standardized sample ensures compliance, saves time, and boosts your case's credibility. In complex civil, criminal, constitutional, or commercial disputes, this document can be the difference between success and dismissal.

Key Elements of FORMAT OF REJOINDER AFFIDAVIT AGAINST COUNTER AFFIDAVIT IN SUPREME COURT OF INDIA

Our customizable Rejoinder Affidavit Sample includes all essential sections:

Court Details and Case Information: Supreme Court cause title, writ petition number, parties involved.
Affidavit's Heading: 'Rejoinder Affidavit in Reply to Counter Affidavit' with deponent's details.
Preliminary Objections: Addressing procedural lapses in the counter affidavit.
Para-wise Rejoinder: Point-by-point rebuttal to each allegation in the counter affidavit.
Additional Facts: Supporting new evidence or clarifications not covered earlier.
Prayer Clause: Reiterating relief sought.
Verification: Sworn statement by the deponent, notarized as per Supreme Court norms.
Annexures: List of supporting documents.

This PDF/Word format is ready to use, ensuring it meets Supreme Court of India filing standards.

Who Should Use This Rejoinder Affidavit Format?

This legal template is ideal for:

Litigants in writ petitions, SLPs, or review petitions.
Advocates representing clients in civil suits, criminal appeals, PILs, or service matters.
Businesses involved in commercial disputes or arbitration-related Supreme Court cases.
Individuals needing to counter false claims in high court transfers to Supreme Court.

Whether you're handling family disputes escalating to the apex court or constitutional challenges, our Rejoinder Affidavit Format in India provides a professional edge.

Download Your Customizable Rejoinder Affidavit Sample Today!

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Important Note: While this ready-to-use template is based on standard Supreme Court practices, it is recommended to consult a qualified lawyer for case-specific modifications. We offer customization services and related documents like counter affidavits or main petitions. Search for 'Rejoinder Affidavit Format Supreme Court free download India', 'legal templates India', or 'Supreme Court affidavit samples' for more resources.

FORMAT OF REJOINDER AFFIDAVIT AGAINST COUNTER AFFIDAVIT IN SUPREME COURT OF INDIA

IN THE SUPREME COURT OF INDIA
[SCR XXI RULE 3(1)(A)
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (C) CC NOS. _____ OF 2015

IN THE MATTER OF:

HT & ORS ....PETITIONERS

VERSUS

STATE OF CHHATTISGARH & ORS ....RESPONDENTS

REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONERS TO THE COUNTER AFFIDAVIT OF RESPONDENT NO.1 to 4

I, _________________, aged __ years, Son of Shri _____________ _____ ____ _______ __ _____, do hereby solemnly affirm and declare as under:

1. That I am the Petitioner No. 1 in the above mentioned SLP and being familiar with the facts and circumstances of the cases, I am competent and fully authorised to swear this Affidavit. I have also authorised by all the petitioners in the SLP to file this affidavit on their behalf.

2. That the Petitioner has read and understood the counter affidavit filed by Respondent No.1 to 4 and the reply to the same is as under.

3. That the Petitioner is not filing para-wise reply to the counter affidavit and therefore, at the outset it is submitted that all the submissions made by Respondent No.1 to 8 are deemed to be denied unless specifically admitted.

4. That, before furnishing reply, the Petitioners craves leave of this Hon'ble Court to make the following preliminary submissions.

PRELIMINARY SUBMISSIONS

The present Special Leave Petition concerns the acquisition of land initiated by the State Government in the village _____of State of _____. The Government had initiated land acquisition proceedings to acquire approximate 50 acres of land for Respondent No. 8, , a Private Company.

5. The MoU dated ______ entered into between Government and M/s. ___________ Limited contains the following terms which shows that the land was being acquired for a private company:

a. "The Company shall identify a suitable site in the State and carry out necessary surveys for availability of land for the Power Station, Township and ash bound, source of coal, feasibility of movement of coal, water availability, power evacuation etc. The Company shall submit Feasibility Report of the Project to the Government within 6 months of signing this MoU. The Company shall obtain all necessary clearances from the competent authorities"

REPLY TO THE COUNTER AFFIDAVIT OF RESPONDENT NO. 1 TO 8
6. The Contention of the Respondents that the land was being acquired for Respondent No. 8, a Private Company in pursuant to the State Government's Energy Policy dated 31.10.2001.

7. The contentions of Respondent No. 8 by reference made in the case of Pratibha Nema V. State of M.P., (2003) 2 SCC 626 is misleading as the facts in this case are entirely different than the above sited case.

REPLY TO THE COUNTER AFFIDAVIT ON MERITS

8. The petitioner puts in its replay to the counter affidavit subject to and without prejudice to the preliminary submissions mentioned above:

QUESTION OF LAW:

The present Special Leave Petition raises substantial question of law of general public for consideration of this Hon'ble Court and the SLP needs to be allowed. Without prejudice the Petitioner submits as under:

A to D

The question of law are very important and to be answered as the land acquisition was done to hand over the land for a Private Company to setup and run power generation project to make profit for the company. The land acquisition might have done under Part VII of the Act for the Company, as there is no investment from the part of the Government. Further, as per the MoU the company is responsible to invest total project cost of Rs. 5000 Crore.

9. In view of the submissions made hereinabove, it is most respectfully submitted that this Hon'ble Court may graciously be pleased to allow the captioned Special Leave Petition.

10. That no new facts have been pleaded in the present Rejoinder affidavit neither any document has been annexed which was not part of the record before the courts below.

DEPONENT

VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of the above Affidavit and the Annexures herewith are true and correct to the best of my knowledge, no part of it is false and nothing material has been concealed therefrom.

Verified at New Delhi on _________, 20__.

DEPONENT

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Important Guidelines

Guidelines for Drafting a Rejoinder Affidavit Against a Counter Affidavit in the Supreme Court of India:

Purpose: A Rejoinder Affidavit is used in legal proceedings, including those in the Supreme Court of India, to respond to and counter the assertions made in a counter affidavit filed by the opposing party. Here's how to draft one:

Title and Parties: Begin with a clear title indicating it's a Rejoinder Affidavit. Identify the parties involved, including the petitioner, respondent, and the case details.

Introduction: Briefly summarize the background of the case and the context of the counter affidavit you are responding to.

Pointwise Rebuttal: Address each point made in the counter affidavit sequentially. Clearly state whether you accept or deny the allegations, providing reasons and supporting evidence.

Additional Facts: Include any additional facts or evidence that were not covered in your original affidavit but are relevant to your case.

Legal Arguments: Present legal arguments and authorities that support your position and refute the opposing party's claims.

Prayer: Conclude by restating the relief you are seeking from the court in light of your rebuttal.

Common Mistakes to Avoid:

Disorganization: Ensure your rejoinder affidavit follows a clear and organized structure, addressing each point in a systematic manner.

Emotionally Charged Language: Maintain a professional and objective tone throughout the affidavit, avoiding emotional or accusatory language.

Failure to Cite Evidence: Support your rebuttal with documentary evidence, if available, to strengthen your case.

Repetition: Avoid repeating information unnecessarily, and focus on responding to the counter affidavit's specific points.

Non-Compliance: Adhere to the procedural rules and requirements set by the Supreme Court of India for filing affidavits.

Rejoinder affidavits are essential for presenting your side of the case effectively in response to the opposing party's counter affidavit. Seek legal advice to draft the rejoinder affidavit accurately, ensuring that it aligns with the court's rules and procedures.

Frequently asked questions

What is a Rejoinder Affidavit in the Supreme Court of India?→

A Rejoinder Affidavit is a sworn legal document filed in response to a counter affidavit in Supreme Court proceedings in India. It allows the petitioner to rebut claims made by the opposing party.

Is this Rejoinder Affidavit format legally valid for Supreme Court cases in India?→

Yes, this format complies with Supreme Court Rules, 2013, and standard practices in India. However, always get it reviewed by a qualified advocate before filing.

Does a Rejoinder Affidavit require stamp duty in India?→

In India, affidavits for Supreme Court must be on non-judicial stamp paper of Rs. 10/- as per court rules. Verify with the latest notifications for your case.

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

Download available in editable Word and PDF formats for easy use in Supreme Court filings in India.

Can I customize or edit this Rejoinder Affidavit?→

Yes, the Word version is fully customizable. Tailor it to your specific facts while ensuring compliance with Indian legal standards.

When and who should use this Rejoinder Affidavit format in Supreme Court?→

Supreme Court litigants or advocates use it when replying to a counter affidavit. Ideal for civil, criminal, or constitutional matters in India.

FORMAT OF REJOINDER AFFIDAVIT AGAINST COUNTER AFFIDAVIT IN SUPREME COURT OF INDIA

IN THE SUPREME COURT OF INDIA
[SCR XXI RULE 3(1)(A)
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (C) CC NOS. _____ OF 2015

IN THE MATTER OF:

HT & ORS ....PETITIONERS

VERSUS

STATE OF CHHATTISGARH & ORS ....RESPONDENTS

REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONERS TO THE COUNTER AFFIDAVIT OF RESPONDENT NO.1 to 4

I, _________________, aged __ years, Son of Shri _____________ _____ ____ _______ __ _____, do hereby solemnly affirm and declare as under:

2. That the Petitioner has read and understood the counter affidavit filed by Respondent No.1 to 4 and the reply to the same is as under.

4. That, before furnishing reply, the Petitioners craves leave of this Hon'ble Court to make the following preliminary submissions.

PRELIMINARY SUBMISSIONS

5. The MoU dated ______ entered into between Government and M/s. ___________ Limited contains the following terms which shows that the land was being acquired for a private company:

REPLY TO THE COUNTER AFFIDAVIT ON MERITS

8. The petitioner puts in its replay to the counter affidavit subject to and without prejudice to the preliminary submissions mentioned above:

QUESTION OF LAW:

A to D

9. In view of the submissions made hereinabove, it is most respectfully submitted that this Hon'ble Court may graciously be pleased to allow the captioned Special Leave Petition.

10. That no new facts have been pleaded in the present Rejoinder affidavit neither any document has been annexed which was not part of the record before the courts below.

DEPONENT

Verified at New Delhi on _________, 20__.

DEPONENT

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