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Tag: S.P Chengalvaraya Naidu Vs Jagannath

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Posted on October 2, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

From Para 15,

15. In this background, we find that the appellant was a necessary party to the proceedings before the High Court. The present appeal deserves to be allowed on this short ground. However, there is another more serious ground on which the present appeal deserves to be allowed.

From Para 21,

21. This Court, in the case of S.P. Chengalvaraya Naidu (Dead) By LRs. Vs. Jagannath (Dead) by LRs and others8 has held that non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud. It has been held that the judgment or decree obtained by fraud is to be treated as a nullity. We find that respondent No.9 has not only suppressed a material fact but has also tried to mislead the High Court. On this ground also, the present appeal deserves to be allowed.

Ram Kumar Vs State of UP and Ors on 28 Sep 2022

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Ram Kumar Vs State of UP and Ors Reportable Judgement or Order S.P Chengalvaraya Naidu Vs Jagannath | Leave a comment

Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on 23 Jun 2021

Posted on July 4, 2021 by ShadesOfKnife

Based on Landmark Chengalvaraya Naidu case here, the division bench of Karnataka High Court dismissed the case with heavy cost of Rs1,00,000/-!!!

From Para 4,

4. Having heard the learned counsel for the parties and having perused the original TCR, we decline to grant indulgence in the matter and anguishingly impose heavy costs on the claimant for the following reasons:
(a) The accident allegedly happened on 30.08.2014 at 7.30 a.m. when the offending motorbike bearing Registration No.KA-34/U-1161 had dashed claimant’s motorcycle from behind and as a result thereof he suffered some injuries; all this may be taken to be true, of course with reluctance,
since there is no formal challenge to this finding by the insurer by way of appeal or cross-objection; had it been otherwise, we are not sure that we would have sustained this finding; be that as it may.
(b) Admittedly, claimant had the medical history of coronary problem when the accident happened; because of the alleged injuries caused by the accident, he was treated at the Government College & Hospital i.e., VIMS-Ballari, as an out-patient; the Wound Certificate, dated 30.08.2014, issued by the General Duty Medical Officer at Ex.P.5specifically states that the “injuries are simple in nature”; this opinion was formed by the said Medical Officer after examination & on the basis of radiological tests, as is stated in the very Certificate itself; there being no reason to doubt the same, the said opinion has to be treated as the expert opinion under Section 45 of the Evidence Act, 1872 and therefore, carries a lot of weight, nothing emerging from the record for discounting it’s probative value.
(c) Later, the claimant moved to Narayana Institute of Cardiac Sciences at Bengaluru wherein he had admittedly undergone coronary related operation & treatment in a long hospitalization; in his affidavit-evidence, at para 2, 3 & 4, he has stated that the said accident resulted in “severe
injuries over chest, head, forehead, nose, face, abdomen, hands & legs” and that all this happened only because of the accident which has “decreased his life span due to heart injury”; all this is false, to say the least; neither in his claim petition nor in his affidavit evidence, he has mentioned anything about his pre-existing heart ailment; as already mentioned above, he had not suffered any injury to the chest, much less heart nor to any vital organ; had it been otherwise, the Wound Certificate at Ex.P.5 would have mentioned the same; there is no reason for the Government Doctor in VIMS to write a false or wrong certificate; that is not the case of claimant, either;
(d) Even in the cross-examination, dated 09.06.2016, he falsely asserts that he suffered the heart ailment only because of the accident though the medical records of the Heart Hospital even remotely do not whisper about it; on the contrary, Dr. Lakshmi Narayana K., whom he had examined as P.W.3 himself has stated that the heart ailment of the kind i.e., blockages do not occur abruptly; this apart, by no stretch of imagination, it can be stated that blockages in the heart could happen by the kind of the vehicular accident. A perusal of deposition of the claimant given as P.W.1 not only does not generate confidence but appears to have been designed for extracting huge money from the insurer; this is nothing short of perjury.
(e) The claimant has also suppressed the reimbursement of huge expenses incurred by him for the heart treatment under “Yashashvini Co-operative Health Care for Farmers” a welfare Scheme of the Government, both in his claim petition & affidavit evidence; in his cross-examination, he has not denied the receipt of money but he only feigns ignorance as to the same having been not mentioned in the claim petition; it is said that, truth somewhere & somehow trickles out, and that has happened in this case; Ex.P.9A is the final bill issued by the Heart Hospital; it mentions the Corporate Sponsorship as “Yashashvini Co-operative Farmers Health Care Trust” with Account No.1043; thus, the claimant being a “clandestine liar” cannot be believed at all; he has designed his case on fraud, fabrication & duplicity and therefore, he is liable to be non-suited vide S.P. Chengalvaraya Naidu (dead) by L.Rs. V. Jagannath (dead) by L.Rs. and others, AIR 1994 SC 853.

And the Medical Witness turned out to be a ‘regular liar’ in the Courts!!!

5. As to Dr. Lakshmi Narayana K., of Prakash Clinic, Ballari, & his evidence vide P.W.3 being unworthy of credence,
a) the claimant had examined this doctor as P.W.3 in support of his case; it is submitted at the Bar that his ‘Sanad’ has been suspended on the ground of malpractice; it is also there in his cross-examination; we have noticed several other cases, huge in number wherein he has deposed as a Medical Witness in accident cases; in his cross-examination, dated 07.01.2017, he contradicts the version of the claimant-P.W.1 that the claimant had not visited his hospital personally; he also admits claimant having undergone the operation/treatment for coronary blocks; he also admits having not stated the factors based on which he has issued the Disability Certificate at Ex.P.8; any prudent Medical Practitioner would have mentioned these things including the coronary disease; he has prepared his Disability Certificate dated 17.03.2016 in such a clandestine way that the alleged disability of the claimant is occasioned by the injuries sustained by him in the accident; this is nothing short of perjury, to which claimant is also a party.

So, the High Court said…

(c) We are pained to see cases of the kind coming in considerable numbers nowadays; something has to be done to eradicate the evil of perjury, fraud & fabrication; a mere non-suiting of the unscrupulous litigants by throwing their case papers out through the court window would be militantly insufficient; something more drastic needs to be devised, so that message reaches out loudly to the unscrupulous class; in this case, we are made to spend more than an hour of valuable time in turning every page of the original Trial Court Record that runs into 656 pages, keeping other older cases at a bay; it is a sheer waste of huge public time & money occasioned by this perjured case of the appellant; this is not a happy thing to happen; we are of the considered view that this appeal should be dismissed with exemplary & penal cost of Rs.1,00,000/-.

Also the cherry on top of the cake…

Liberty is reserved to the insurer to take up civil and criminal proceedings for the act of perjury perpetrated by the claimant i.e. P.W.1 and Dr.Lakshmi Narayan K., i.e. P.W.3, who had issued the Disability Certificate at Ex.P.8, in accordance with law; it hardly needs to be stated that the delay brooked in taking such proceedings is liable to be discounted because of pendency of this appeal for all these years.

 

Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on

Citations :

Other Sources :


Index of Perjury Decision here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Dismissed with Costs Perjury - Costs Levied or Imprisonment For Perjury Perjury - Judgment or Decree Obtained by Playing Fraud on the Court is a Nullity and Non Est Perjury - Permission to Initiate Civil and Criminal (Perjury) Proceedings S.P Chengalvaraya Naidu Vs Jagannath Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors | Leave a comment

S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993

Posted on July 4, 2021 by ShadesOfKnife

Landmark judgment by a division bench of the Supreme Court of India around perjury/fraud committed upon the Courts. Just read the below line to understand how far the frauds take the Courts for a ride.

This Civil Appeal was numbered 994 of 1972, but got decided on October 27, 1993!

Twenty One (21) years lost at Supreme Court itself!!!

From Para 5,

5. The High Court, in our view, fell into patent error. The short question before the High Court was whether in the facts and circumstances of this case, Jagannath obtained the preliminary decree by playing fraud on the court. The High Court, however, went haywire and made observations which are wholly perverse. We do not agree with the High Court that “there is no legal duty cast upon the plaintiff to come to court with a true case and prove it by true evidence”. The principle of “finality of litigation” cannot be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants. The courts of law are meant for imparting justice between the parties. One who comes to the court, must come with clean hands. We are constrained to say that more often than not, process of the court is being abused. Property-grabbers, tax-evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the court-process a convenient lever to retain the illegal-gains indefinitely. We have no hesitation to say that a person, who’s case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation.

From Para 6,

6. The facts of the present case leave no manner of doubt that Jagannath obtained the preliminary decree by playing fraud on the court. A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another’s loss. It is a cheating intended to get an advantage. Jagannath was working as a clerk with Chunilal Sowcar. He purchased the property in the court auction on behalf of Chunilal Sowcar. He had, on his own volition, executed the registered release deed (Ex. B-15) in favour of Chunilal Sowcar regarding the property in dispute. He knew that the appellants had paid the total decretal amount to his master Chunilal Sowcar. Without disclosing all these facts, he filed the suit for the partition of the property on the ground that he had purchased the property on his own behalf and not on behalf of Chunilal Sowcar. Non-production and even non-mentioning of the release deed at the trial is tantamount to playing fraud on the court. We do not agree with the observations of the High Court that the appellants- defendants could have easily produced the certified registered copy of Ex. B-15 and non-suited the plaintiff. A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation. If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party.

S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993 (Original)

Citations : [1994 AIR SC 853], [1993 SCALE 4 277], [1994 UJ SC 1 1], [1993 BC SC 2 546], [1994 BLJR 1 216], [1994 OLR SC 1 201], [1995 PLR 109 293], [1993 SUPP SCR 3 422], [1994 SCC 1 1], [1994 PLJR 1 39], [1994 APLJ SC 1 66], [1994 LW 1 21], [1994 GLH 1 81], [1993 JT SC 6 331]

Other Sources :

https://indiankanoon.org/doc/1151521/

https://www.casemine.com/judgement/in/5609ac8fe4b014971140f23f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Doctrine of Unjust Enrichment or Retention Landmark Case Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury - Judgment or Decree Obtained by Playing Fraud on the Court is a Nullity and Non Est Perjury - Wilful Omission or Supression of Material Information Reportable Judgement or Order S.P Chengalvaraya Naidu Vs Jagannath Suo Moto Proceedings by Supreme Court or High Court | Leave a comment

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