web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 340 – Dispose Perjury first

Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019

Posted on February 19 by ShadesOfKnife

Relying on one Apex Court decision here and two High Court decisions here and here, a single judge bench of Telangana High Court pass this short Order.

This Criminal Petition, under Section 482 Cr.P.C., is filed to direct the lower Court i.e., Chief Metropolitan Magistrate, Nampally Criminal Court, Hyderabad, to dispose of Crl.M.P.No.2956 of 2019 in C.C.No.505 of 2016 at an early date in the light of judgment reported in 2002 (1) Supreme Court Cases 253 and unreported Judgment of the Hon’ble Allahabad High Court rendered in the case of Syed Nazim Husain v. Additional Principal Judge in (W.P No. 56 of 2002) and the Judgment rendered by the Hon’ble Bombay High Court in Civil Application No.2939 of 2017 in W.P.No.14039 of 2017, dated 26.04.2018.
2. Heard the learned counsel for the petitioner and perused the record.
3. An innocuous prayer has been sought for by the learned counsel for the petitioner to issue a direction to the Court below to dispose of the aforesaid Crl.M.P.No.2956 of 2019 in C.C.No.505 of 2016 at an early date.
4. Having regard to the same, the Criminal Petition is disposed of directing the learned Chief Metropolitan Magistrate, Nampally Criminal Court, Hyderabad, to dispose of Crl.M.P.No.2956 of 2019 in C.C.No.505 of 2016, within a period of two (2) weeks from the date of receipt of a copy of this order, without granting any adjournment.

Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019

Index of Perjury judgments is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 340 - Dispose Perjury first Mohd. Ghouse Khan Vs State of Telangana Perjury Under 340 CrPC | 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 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.

Case No: W.P No. 56 of 2002

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

Citations:

Other sources:

Syed Nazim Husain vs The additional principal Judge Family court & another writ Petition No. ( M/S ) of 2002

https://www.sifchandigarh.com/judgement/syed-nazim-husain-vs-the-additional-principal-judge


Index of Perjury judgment is here.

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 | 10 Comments

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
kamleshksingh ᴋᴀᴍʟᴇsʜ sɪɴɢʜ / tau @kamleshksingh ·
17 May

“Pakistanis are brilliant people. They make incredible products”

What exactly?

Reply on Twitter 1923714380945912306 Retweet on Twitter 1923714380945912306 2067 Like on Twitter 1923714380945912306 12111 X 1923714380945912306
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
thebetterindia The Better India @thebetterindia ·
16 May

They didn’t wear uniforms, but they wore courage on their paws.

They sniffed out bombs, charged into flames, shielded their handlers, and gave everything they had—without hesitation.

Here are 8 of India’s bravest Army Dogs, who fought for the nation in silence… and became…

Reply on Twitter 1923340953995096137 Retweet on Twitter 1923340953995096137 570 Like on Twitter 1923340953995096137 3571 X 1923340953995096137
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
raviprabhu Ravi Prabhu @raviprabhu ·
17 May

First person from Andhra Pradesh to travel to every country in the world and such an honor to have met and secured the blessings of the chief Minister of my home state Andhra Pradesh @ncbn Shri Chandra Babu Naidu

#AndhraPradesh #ChandrababuNaidu #NaraLokesh #CBN #vizag

Reply on Twitter 1923658768493023404 Retweet on Twitter 1923658768493023404 68 Like on Twitter 1923658768493023404 725 X 1923658768493023404
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
eliafriatisr Eli Afriat 🇮🇱🎗 @eliafriatisr ·
16 May

Do you support this man? 🇮🇱
Yes or no?

Reply on Twitter 1923347709249114521 Retweet on Twitter 1923347709249114521 3204 Like on Twitter 1923347709249114521 41433 X 1923347709249114521
Load More

Recent Posts

  • Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024 May 13, 2025
  • Gurram Sitaramaiah Vs Gurram Siva Parvathi and Ors on 08 Jan 2024 May 3, 2025
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 May 1, 2025
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 April 18, 2025
  • Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 April 18, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,106 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (1,386 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (1,364 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,245 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (909 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (797 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (797 views)
  • Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024 (722 views)
  • State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024 (677 views)
  • Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024 (637 views)

Tags

Reportable Judgement or Order (398)2-Judge (Division) Bench Decision (369)Landmark Case (366)Legal Procedure Explained - Interpretation of Statutes (365)1-Judge Bench Decision (288)Catena of Landmark Judgments Referred/Cited to (270)Work-In-Progress Article (217)3-Judge (Full) Bench Decision (96)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (59)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (43)HM Act 13 - Divorce Granted to Husband (42)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (37)Advocate Antics (36)

Categories

Supreme Court of India Judgment or Order or Notification (711)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (318)High Court of Andhra Pradesh Judgment or Order or Notification (177)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (105)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (65)General Study Material (55)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (35)High Court of Gujarat Judgment or Order or Notification (27)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • ULN (Ulaanbaatar) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 13, 19:00 UTCScheduled - We will be performing scheduled maintenance in ULN (Ulaanbaatar) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • ULN (Ulaanbaatar) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 13, 05:00 UTCScheduled - We will be performing scheduled maintenance in ULN (Ulaanbaatar) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CRK (Tarlac City) on 2025-06-04 June 4, 2025
    THIS IS A SCHEDULED EVENT Jun 4, 18:00 - 22:00 UTCMay 12, 23:38 UTCScheduled - We will be performing scheduled maintenance in CRK (Tarlac City) datacenter on 2025-06-04 between 18:00 and 22:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 95.54.159.41 | SD May 18, 2025
    Event: Bad Event | Total: 45 | First: 2015-04-19 | Last: 2025-05-18
  • 103.58.71.71 | S May 18, 2025
    Event: Bad Event | Total: 1,093 | First: 2015-10-26 | Last: 2025-05-18
  • 83.229.68.199 | SD May 18, 2025
    Event: Bad Event | Total: 519 | First: 2025-05-13 | Last: 2025-05-18
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 7900 access attempts in the last 7 days.

pixel