Section 10 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

Section 10  of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

10. Whereas the subject matter of an arbitration is a commercial dispute of a Specified Value and –

(1) If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.

 (2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.

 (3) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted.

Format and guidelines of affidavit of evidence, THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ORDINANCE, 2015

Format and guidelines of affidavit of evidence.

(THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ORDINANCE, 2015)

An affidavit must comply with the form and requirements set forth below:

(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are  relevant for proving any fact or any other matter dealt with;

(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper;

(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;

(d) an affidavit shall state-

(i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and

(ii) the source for any matters of information or belief.

(e) an affidavit should-

(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file);

(ii) be divided into numbered paragraphs;

(iii) have all numbers, including dates, expressed in figures; and

(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexure and page numbers of such documents that are relied upon.".

 FORMAT STATEMENT OF TRUTH BY WAY OF AFFIDAVIT

STATEMENT OF TRUTH, BY WAY OF AFFIDAVIT

IN THE COURT OF-------------

ABC                                                                     PETITIONER

VS.

XYS                                                                      RESPONDENT

STATEMENT OF TRUTH BY WAY OF AFFIDAVIT

STATEMENT OF TRUTH BY, [party position and name of party in full] I, the deponent above-named, do hereby solemnly affirm  and declare as under I, ------ S/o Sh.-------, aged about ---- Years, working having its  registered office at    ---------------------------------- ,

I, the deponent above-named, do hereby solemnly affirm and declare as under:-

1.       I am Mr. [name of party and relevant details]  ------------------ in the above-captioned Petition and competent to swear this affidavit.

2.       I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.

3.       I say that the statements made in [mention specific paragraph numbers] Paragraphs --- to ---- are true to my knowledge and statements made in [mention specific paragraph numbers] paragraphs --- to --- are based on information received which I believe To be correct and statements made in [mention specific paragraph numbers]paragraphs --to-- are I  based on legal advice.

4.       I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit.

5.       I say that that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed with the Petition.

6.       I say that the above-mentioned pleading comprises of a total of [number of pages] ---pages, each of which has been signed by me.

7.       I state that the documents hereto are true copies of the documents referred to and relied upon by me.

8.       I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law.

Place:

Date:

VERIFICATION

The statements made above are true to my knowledge.

Verified at-------on------.

Guidelines of affidavit of evidence

I How effective is the polygraph test?

I How effective is the polygraph test?

          The accuracy of the polygraph has been contested almost since the introduction of the device. Nearly eight decades after their invention, polygraph tests are not admissible in court._ In some countries, lie detectors are used for background checks during job interviews and during police investigations ' to extract more information from the suspect; but the results are not admissible in courts. Various studies suggest that the results could get distorted if the subject exhibits anxiety for reasons other than guilt. They can also be wrong if the person can control his or her anxiety level. In other words, a measured response can result in unreliable conclusion.

• I How effective is the polygraph test?
• I What is brain-mapping. and how does it work?
• What is Narco-analysis?

What is apolygraph test ?

What  is holography test ? .

     A polygraph, commonly known as lie detector, is a device used to detect lies by measuring several physiological variables of the person being questioned. While taking a polygraph test, a person gets four to SIX sensors attached to his/her body. The poly- graph machine 'records multiple (hence “poly”) signals from the sensors on a single strip of moving paper (“graph”). The sensors usually record the person’s blood  pressure, heart rate, respiration and ' perspiration rate While he is asked a series of questions. The main principle behind this test is based on the ancient hypothesis of nervousness while telling a lie.