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State of Gujarat - Section

Section 366 in Gujarat High Court Rules, 1993

366. Form and contents of applications.

- (i) Every application under Section 96 of the Criminal Procedure Code, 1973 shall be by petition addressed to the Honourable the Chief Justice and the Judges of the High Court. The interest of the petitioner in the publication in respect of which order of forfeiture has been made and the grounds on which the order of forfeiture is sought to be set aside shall be stated in the petition which shall be suitably arranged in paragraphs consecutively numbered. The relief sought shall be set out at the end of the petition. In every such petition the petitioner or where there are more than one petitioner, the petitioners shall state whether he or any of the petitioners have filed any proceeding in the Supreme Court, any High Court or any other Court in respect of the same matter and how that application or proceeding has been disposed of.Note. - Where a person signs the petition in a capacity other than his individual capacity, such as public officer, guardian of a minor, partner of a firm, power of attorney holder, Director, Secretary or Principal Officer of a Company or Corporation etc. he shall indicate the capacity in which he signs.Every petition under this rule shall be supported by an affidavit by the petitioners or one of the petitioners or by a person acquainted with the facts of the case.The deponent shall state what paragraphs or portions of his affidavits he swears or solemnly affirms to from his own knowledge and what paragraphs of portions he swears or solemnly affirms to from his own knowledge and what paragraphs or portions he swears or solemnly affirms to on his belief, stating the grounds of such belief.If the petitioner or any of the petitioners makes an application to the Supreme Court in respect of the same matter on any question arising therein during the pendency of the petition in the High Court, he shall forthwith bring this fact to the notice of the High Court by filing an affidavit in the case and shall furnish a copy of the same to the other side.