Here is a listing of judgments for the offence of Contempt of Court . See the bare act here Contempt of Courts Act.
Go to MAIN Index here.
Here is the Bare act of Contempt of Courts Act, 1971
Here is the 2006 amendment
This landmark judgment from Apex Court has been cited in many cases handled by CBI as the contemnors in this case were handed out Simple Imprisonment from 1 day to 3 months.
The petitioner of this Writ petition could have gotten compensation from State for his illegal detention but due to his exaggeration of the incident, has disentitled themselves from receiving any compensation.
Some related news here.
Citations : [1995 SCC CRI 608], [1995 SCALE 3 138], [1995 AIR SC 1795], [1995 CRIMES SC 2 592], [1995 SCC 3 757], [1995 BOMCR SC 4 366], [1995 ALR 26 180], [1995 ALT CRI 2 340], [1996 BLJR 1 352], [1995 SCR 3 964], [1996 UPLBEC 1 203], [1995 JT SC 4 483]
Other Sources :
https://indiankanoon.org/doc/1877695/
https://www.casemine.com/judgement/in/5609acc2e4b014971140fa5f
Index of Perjury Judgments is here.
A company by name Sciemed Overseas tried to mislead the High Court by falsely saying in their affidavit that a certain said contract work is nearing completion whereas in reality it was not so, as assessed by a court-appointed advocate, as a one-man committee.
Hon’ble High Court “took the view that Sciemed had given a false affidavit in this Court to the effect that the work was near completion. In this view of the matter, the High Court dismissed the appeal filed by Sciemed and imposed costs of Rs. 10 lakhs to be deposited with the Jharkhand State Legal Services Authority.”
After this the said company pushes it’s proprietor to state one more ‘justification’ affidavit saying what was said earlier was about just one piece of work and not ‘whole’ piece of work. The deponent after giving the above explanation, tendered an unconditional and unqualified apology to the High Court for the statement regarding the near completion of the project.
And then another twist in this companies averments came in as in fact the statement made in the affidavit filed in this Court was not a false statement but was bona fide and not a deliberate attempt to mislead this Court. It was also submitted that the allegedly false or misleading statement had no impact on the decision taken by this Court and should, therefore, be ignored.
After all these flip flops, the Hon’ble Supreme Court held as below in Para 23,
The correctness of the statement made by Sciemed was examined threadbare not only by the learned Single Judge but also by the Division Bench and it was found that a considerable amount of work had still to be completed by Sciemed and it was not as if the work was nearing completion as represented to this Court. Additionally, the Report independently given by the learned advocate appointed to make an assessment, also clearly indicated that a considerable amount of work had still to be performed by Sciemed. The Report was not ex parte but was carefully prepared after an inspection of the site and discussing the matter with Shailendra Prasad Singh the proprietor of Sciemed and an engineer of Sciemed as well as officers from the RIMS.
Index of all Perjury case laws is here.
Wonderful Judgment from Hon’ble High Court of Uttarakhand, wherein it was held that Filing of False Affidavit is perjury and in this case it was done by a Advocate. A cost of 2 Lakhs was levied.
From Para 11,
A perusal of the criminal misc. application moved under Section 482 Cr.P.C. would reveal that the applicant has annexed some papers of case diary (Annexure 2 to the application) without disclosing the fact that from where he had obtained the papers of case diary which are confidential papers prepared by the Investigating Officer during investigation. It is surprising to note here that the applicant never appeared before the court below after submission of charge sheet and the trial court has also not passed orders under Section 207 and 208 of Cr.P.C. to supply the documents to the applicant. Since the court below has never supplied the papers of the case diary to the applicant as provided under Section 207 and 208 Cr.P.C. it is quite surprising how the applicant has annexed the papers of the case diary before this Court.
From Para 20,
Applicant before this Court is a practicing Advocate. He has himself stated so in para 8 of the present application – that the applicant is an Advocate and a public spirited person, a resident of Haldwani. Applicant has verified the contents of paragraph no. 5 of the criminal misc. application on the basis of record. However, no document has been placed on record to show that on the basis of which record or document, the averments were made in paragraph no. 5 of the criminal misc. application. However, the averment itself is false as the complainant is a member of Scheduled Tribe community and certificate to this effect has been issued to him by the competent authority. Thus it is a proven fact on record that contents of paragraph no. 5 of the application are false and misleading and were made to commit fraud upon the Court.
Hon’ble Supreme Court held that perjury proceedings initiated by Trial Court and High Court does not suffer from any infirmity and as such the petitions were dismissed,
As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement 1 to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001.
Another gem of the mindset of some women and her family members
Learned counsel for the petitioner stated that being a girl of tender age, she was pressurized by her mother and uncle to give a false report. This is at variance with the statement made in court during trial to the effect that she had not reported anything to the police.
Purpose of Section 344, Cr.P.C.
The purpose of enacting Section 344, Cr.P.C. corresponding to Section 479-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as ‘the Old Code’) appears to be further arm the Court with a weapon to deal with more flagrant cases and not to take away the weapon already in its possession. The object of the legislature underlying enactment of the provision is that the evil of perjury and fabrication of evidence has to be eradicated and can be better achieved now as it is open to the courts to take recourse to Section 340(1) (corresponding to Section 476 of the Old Code) in cases in which they are failed to take action under Section 344 Cr.P.C.
Conditions to initiate CrPC 344 proceedings
For exercising the powers under the section the Court at the time of delivery of judgment or final order must at the first instance express an opinion to the effect that the witness before it has either intentionally given false evidence or fabricated such evidence. The second condition is that the Court must come to the conclusion that in the interests of justice the witness concerned should be punished summarily by it for the offence which appears to have been committed by the witness. And the third condition is that before commencing the summary trial for punishment the witness must be given reasonable opportunity of showing cause why he should not be so punished. All these conditions arc mandatory. [See Narayanswamy v. State of Muharashtra, (1971) 2 SCC 182].
Citations : [2008 SCC 8 34], [2008 KERLT 3 509], [2009 SCJ 1 89], [2009 SCJ 1 396], [2008 AIR SC 2965], [2008 SCR 10 869], [2008 SCALE 10 97], [2008 SLT 6 419], [2008 AIR SC 4989], [2009 MPJR 1 7], [2008 CALCRILR 2 490], [2009 ILR MP 332], [2008 KLD 2 513], [2008 RAJLW 3 2379], [2008 AIOL 814], [2009 BOMCR CRI SC 2 494], [2008 SCC CRI 3 414], [2008 AIC SC 69 189], [2008 AIR SCW 4989], [2008 CRLJ SC 3867]
Other Sources:
https://indiankanoon.org/doc/46073/
https://www.casemine.com/judgement/in/5609ae92e4b01497114142e2
https://www.legalauthority.in/judgement/mahila-vinod-kumari-vs-state-of-m-p-13468
In this order, Hon’ble Addl MSJ has convicted the mother and father of the sex victim for giving inconsistent evidence under IPC 193 read with CrPC 344.
Even though Sessions judge convicted the mother and father of the sex victim for giving inconsistent evidence under IPC 193 read with CrPC 344, Hon’ble High Court of AP did a U turn and modified the order that,
Therefore, keeping in mind the fate of children, who attained marriageable age, I deem it appropriate to set aside the substantivesentence of imprisonment imposed against the first appellant, who is a woman, while confirming the fine amount of Rs.500/- and thesubstantive sentence of imprisonment imposed against the secondappellant is reduced to 15 days, while confirming the fine amount of Rs.500/- as the alleged perjury appears to be intentional but toprotect the children’s future to wipe out the stigma on the chastity ofdaughter.
Read the Sessions Judge Order here.
Hon’ble High Court of Andhra Pradesh has held that,
The invocation of jurisdiction under extraordinary powers vested in this Court cannot be allowed to a person, who comes to the Court with unclean hands or suppressing material facts in order to gain advantage. The petitioner cannot take advantage of the lethargy or inaction on the part of the Government Officers. If the petitioner is really aggrieved, this Court will extend its helping hand in accordance with the provisions of the Constitution of India or/and the laws framed under it. But, this Court will never encourage misuse of process of this Court. This Court cannot be used for the purpose of getting interim orders to protect an unlawful need/demand of the litigants who are greedy. This is a sacred institution and it cannot be allowed to be polluted by unscrupulous litigants.
Finally,
In view of the suppression of fact of dismissal of W.P.No.25217 of 2003 on 16.11.2009, and not disclosing complete facts with regard to the case of the petitioner, this Writ Petition is dismissed with exemplary costs of Rs.5,000/- (Rupees five thousand only) payable by the petitioner to the Telangana Legal Services Authority within a period of four weeks.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Hon’ble High Court of Madras has, in this judgment, held that no maintenance for knife who is duly employed and having sufficient means and source of income.
On bare perusal of the petition for maintenance under Section 125 of Cr.P.C. filed by the 1st respondent, this Court is able to see that in the petition it is focused that the revision petitioner to be a person of sound financial capacity, besides holding valuable assets. It is obvious to see the petition primly projects the financial capacity of the revision petitioner rather than describing the respondent’s incapacity and inability to maintain her.
Legal tenet
The provision of maintenance provided under section 125 CrPC is neither penal nor compulsory, but is to be decided in the light of the financial capacity of the wife to maintain herself.
From Para 34,
Before parting with the case, this Court expresses its deep concern that though the legislation for maintenance is a valuable and beneficial legislation safeguarding hapless and helpless wife, who is unable to maintain herself, but there are some instances in which as in the case on hand the wife focus her husband as like that of an automated teller machine and the beneficial provisions of law is managed to be utilized as a tool of harassment.
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