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Tag: CrPC 340 – Dispose Perjury first

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 Constitiutional 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 340 CrPC | 1 Comment

Union Of India And Ors Vs Haresh Virumal Milani on 11 June, 2018 (Typo Corrected)

Posted on August 18, 2018 by ShadesOfKnife

This is a correction order (to remove a typo) in the judgment of perjury case available here.

Union Of India And Ors Vs Haresh Virumal Milani on 26 April, 2018 (Typo Corrected)
Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 340 - Dispose Perjury first Perjury Under 340 CrPC Union Of India And Ors Vs Haresh Virumal Milani (Typo Corrected) | Leave a comment

Union Of India And Ors Vs Haresh Virumal Milani on 26 April, 2018

Posted on June 10, 2018 by ShadesOfKnife

A recent judgment from Hon’ble Bombay High Court also (like this one here) declared that application under section 340 has to be dealt with first before proceeding to main petition/case.

 

I am a little skeptical about this judgment as it refers to section 340 of Civil Procedure Code, not once but in almost every paragraph of the order.

 

Union Of India And Ors vs Haresh Virumal Milani on 26 April, 2018

 

This judgment is corrected in June 2018. It is available here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 340 - Dispose Perjury first Perjury Under 340 CrPC Union Of India And Ors Vs Haresh Virumal Milani | Leave a comment

Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Posted on June 8, 2018 by ShadesOfKnife

Justice A.Mateen of High Court of Judicature at Allahabad, Lucknow Bench directed the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

 

Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged CrPC 340 - Dispose Perjury first CrPC 340 read with CrPC 195 CrPC 344 - Summary procedure for trial for giving false evidence Perjury Under 340 CrPC Syed Nazim Husain Vs Additional Principal Judge Family Court and Anr | 8 Comments

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