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Author: ShadesOfKnife

Garima Srivastava Vs State of U.P. and another on 19 January, 2010

Posted on March 17, 2019 by ShadesOfKnife

In this order from Allahabad High Court, the knife challenges the order of levying a fine of Rs.10,000/- for perjury (Lying that she is not working in DPS). The orders of perjury are stayed until the objections are resolved.

It has been argued by Mr. Tripathi that under the provisions of Section 340, Cr.P.C. the court can make only preliminary inquiry and the final order which may be in the form of imposing fine can be passed by the court of competent jurisdiction and the court of competent jurisdiction would be that court in which the complaint would be filed by the court in which the perjury was committed. The court which made the preliminary inquiry had no jurisdiction to finally conclude the matter and impose the fine, therefore, the order dated 15.7.09 is bad and is liable to be quashed. Regarding the order dated 7.10.09 it was argued by Mr. Tripathi that once a wrong order was passed by the court on 15.7.09 it should have been reviewed and when it was not reviewed, hence, the order dated 7.10.09 is also bad and is liable to be quashed.

Garima Srivastava Vs State of U.P. and another on 19 January, 2010

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Garima Srivastava Vs State of U.P. and another Perjury Under Section 340 CrPC | Leave a comment

Sunny Bhumbla Vs Shashi on 25 January, 2010

Posted on March 17, 2019 by ShadesOfKnife

In this judgment from High Court of Punjab and Haryana, it was held that despite entering remarks in his judgment to the effect that perjury happened, the Dayaalu magistrate does not want to initiate any such proceedings of Perjury on the knife.

From second para,

While deciding the main petition, in paragraph No. 13 of the judgment it has been observed that “in support of her claim for interim maintenance under Section 24 of the Hindu Marriage Act, the respondent/applicant had made certain assertions, which were found to be totally false and the same had apparently been done by her in a deliberate manner. Consequently even an application for initiating suitable proceedings against her on account of her having submitted a false affidavit was also filed by the petitioner on 3.9.2008. Thereafter, the respondent did not press her claim for interim maintenance, but the same did not absolve her of the liability of the aforesaid lapse. This court, however, does not wish to initiate any such proceedings against the respondent with the hope that sooner or later, the parties may be in a position to resolve their dispute or else this young couple may adopt such other means so that they can part their ways in a peaceful manner and therefore, with a view to avoid undue complication of the matrimonial dispute, no action on account of submitting of the above false affidavit etc. is being initiated against the respondent.“

High Court has taken the magistrate to task and said that,

Therefore, all the ingredients of the offences of cheating, forging and perjury etc. are made out and consequently, the order passed by the learned trial Court in not initiating the proceedings under Section 195 read with Section 340 Cr.P.C. is illegal.

And further said that,

A glance through the impugned order would reveal that the learned trial Court has given a go by to the provisions of Section 340 Cr.P.C. The approach adopted by the learned trial Court is unwholesome and is depreciable. The impugned order is absolutely silent as to whether the application has been dismissed or allowed, if so for which reasons.

Sunny Bhumbla Vs Shashi on 25 January, 2010

Indiankanoon.org link: https://indiankanoon.org/doc/1512317/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Not Authentic copy hence to be replaced Perjury Under Section 340 CrPC Sunny Bhumbla Vs Shashi | Leave a comment

Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019

Posted on March 17, 2019 by ShadesOfKnife

Bombay High Court in this judgment has ordered the lower court to dispose of Perjury application in two months. Effectively, asking it to stay the main application and dispose perjury application first.

Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 340 - Dispose Perjury first Surendra Vishwanath Mishra Vs The State of Maharashtra | Leave a comment

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Posted on March 17, 2019 by ShadesOfKnife

This is the grand old daddy judgment from Hon’ble Apex Court, which says deal with perjury first.

From Para 15, the 5-judge bench of Supreme Court held as follows,

15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment.

From Para 16, reason for disposing of perjury (a criminal offence first) given,

16. Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under Section 476. But in this case we are of the view that the civil suits should be stayed till the criminal proceedings have finished.

From the final Para 17, wherein the 4 ongoing Civil suits are stayed and the criminal prosecution u/s 193 IPC was allowed to go ahead.

The result is that the appeal fails and is dismissed but with no order about costs. Civil Suits Nos. 311 of 1951 to 314 of 1951, in the Court of the Subordinate Judge, Coimbatore, will be stayed till the conclusion of the prosecution under section 193, Indian Penal Code. As the plaintiffs there are parties here, there is no difficulty about making such an order.

M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954

Equivalent citations: [1954 SCR 1229], [1954 AIR SC 397], [1954 CRILJ 1019], [1954 LW 67 625], [1954 SCR 1 1144]

Other Source links:

https://indiankanoon.org/doc/500548/

https://www.casemine.com/judgement/in/5609aaf2e4b014971140b4db


Index of all Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CrPC 340 - Dispose Perjury first IPC 193 - Punishment for false evidence Landmark Case M.S.Sheriff Vs The State of Madras and Others Perjury Under Section 340 CrPC | 1 Comment

Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010

Posted on March 17, 2019 by ShadesOfKnife

In this judgment from Hon’ble Delhi High Court, it was held that, not every allegation made justify initiation of proceedings under 340 CrPC. There should be another criteria met, which is, that the initiation of 340 CrPC proceedings should be expedient in the interests of justice.

Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010

Indiankanoon.org link: https://indiankanoon.org/doc/55726215/

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 Perjury Under Section 340 CrPC Rajkumar Indoria Vs NCT Of Delhi | Leave a comment

Kusum Sharma Vs Mahinder Kumar Sharma on 14 January 2015

Posted on March 15, 2019 by ShadesOfKnife

Hon’ble Delhi High Court has prescribed the format for the affidavit that all parties of matrimonial cases have to file, so that the disposal can happen in 60 days as mandated by the Section 24 of Hindu Marriage Act, 1955.

From Para 24,

This Court is of the view that filing of affidavit of assets, income, expenditure and liabilities by both the parties in the prescribed format at the very threshold of matrimonial litigation as in developed countries would enable the Courts to pass maintenance order within 60 days in terms of Section 24 of Hindu Marriage Act, 1955 and therefore should be incorporated in all the matrimonial statutes.

Kusum Sharma Vs Mahinder Kumar Sharma on 14 January, 2015

Note: Those intending to seek info from OP (in civil cases like DV, HMA24), can make use of *Interrogatories*… Page 42, Para 19.14 on this judgment.


The appellant Kusum Sharma has expired on 26th September, 2016 and her legal representatives (Mr. Rishi Vashisht, son and Ms. Geetika Kapoor, daughter of the parties) informed Hon’ble Court that they are not interested to pursue this appeal via an Affidavit.

2 FAO 369-1996 - Do not want to pursue this appeal on 24 May, 2017

On 29 May, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file.

Kusum Sharma Vs Mahinder Kumar Sharma on 29 May, 2017

On 6 December, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file.

Kusum Sharma Vs Mahinder Kumar Sharma on 6 December, 2017

Citations: [2018(246) DLT 1]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/5a65cbb74a9326332077aaa3


The Case Index is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CPC Order 11 - Discovery and Inspection HM Act 24 - Affidavit for Disposal in 60 Days Insist On Income and Assets Affidavit In Matrimonial Cases Interrogatories Kusum Sharma Vs Mahinder Kumar Sharma | Leave a comment

3 Years LLB General – Jurisprudence – 4 Marks Answers

Posted on March 15, 2019 by ShadesOfKnife
Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

3 Years LLB General – Legal Writing – 20 Marks Answers

Posted on March 15, 2019 by ShadesOfKnife

1

Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

3 Years LLB General – Legal Writing – 18 Marks Answers

Posted on March 15, 2019 by ShadesOfKnife

1

Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

3 Years LLB General – Legal Writing – 4 Marks Answers

Posted on March 15, 2019 by ShadesOfKnife

1

Posted in LLB Study Material | Tagged LLB Subjects and Previous Year Exam Papers and Answers Work-In-Progress Article | Leave a comment

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