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M/S.Associated Journals Ltd vs The Mysore Paper Mills Ltd on 11 July, 2006

In this connection we may refer to a decision of the Supreme Court in the case of Associated Journals Ltd. v. Mysore Paper Mills Ltd. , wherein the Supreme Court had occasion to deal with the provisions of Rule 21 and Form No. 3, which pertain to defect and irregularity in filing an affidavit. In the said decision, the Supreme Court has held that substantial compliance should be enough. Rules are undoubtedly statutory and the forms are to be adopted wherever they are applicable. The Supreme Court, however, held that the rules relating to the affidavit and the verification cannot be ordinarily brushed aside, but then what is required to be seen is whether the petition substantially complies with the requirements and, secondly, even when there is some breach or omission, whether it can be fatal to the petition.
Supreme Court of India Cites 1 - Cited by 17 - A R Lakshmanan - Full Document
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