Perjury
Patel Shanti
(Querist) 16 March 2015
This query is : Resolved
A person has filed a case against me. While going through the petition filed by him, I found factually wrong statements made by him which I can prove with evidence to the court.
now my question is whether Perjury proceedings can be initiated by the court while noticing this fact or I have to file separate case against him for perjury? Is there any other remedy available to me?
Please guide
S.K.PATEL
9892485457
Mumbai
Devajyoti Barman
(Expert) 16 March 2015
ll factual wrongs are not perjurious statements.
Only those false material statements which are knowingly made by the party to mislead the court for the purpose of procuring an order in his favour is perjurious.
Patel Shanti
(Querist) 16 March 2015
Dear Mr.Barman,
It is the case of making a misleading statements for the purpose of getting a favourable order.
S.K.PATEL
Devajyoti Barman
(Expert) 16 March 2015
without seeing the contents of petition, it is difficult to advise.
Rajendra K Goyal
(Expert) 17 March 2015
Let the court first decide the matter on merits.
ajay sethi
(Expert) 17 March 2015
first prove that statements made in suit proceedings are false . let court pronounce order in suit proceedings .
malipeddi jaggarao
(Expert) 18 March 2015
Agreed with expert Mr.Ajay sethi. You are required to prove that the statements are false and come out of the present case first. Filing separate case for perjury can be given thought of after the outcome of this case.
Patel Shanti
(Querist) 18 March 2015
Sir,
I have been told that there are three ways to move in PERJURY cases
1.Press the same during the trial of the case before the judge.
2.File a miscellaneous petition for perjury along with the written reply in the case.
3.File a separate case for the same
Which one is better? Under which section it is covered?
S.K.PATEL
9892485457
Mumbai
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
While you have been told three things, why did you not ask the fourth one too that which one of the three would be better and suit you?
Consult a local lawyer with the facts of the case and proceed as per his opinion.
