Contempt proceeding for false affidavit
Vinesh K Chhaya
(Querist) 04 October 2011
This query is : Resolved
I have file a civil suit for declaretion and interim injunction. During the Interim injunction procedure the Opponents filed false affidavit which misguided the court and the order of interim injunction (Exh.-5) went into favour of the opponent. Is it civil contempt or a criminal contempt? and which procedure to be followed to file the complaint for contempt?
R.Ramachandran
(Expert) 04 October 2011
Contempt will arise only when the party disobed the orders/directions of the Court.
According to you, if any affidavit was false, then you can file an application under Section 340 Cr.PC for perjury.
Certainly there is no contempt involved in the facts stated by you.
ajay sethi
(Expert) 04 October 2011
agree with Mr ramchandran
Chanchal Nag Chowdhury
(Expert) 05 October 2011
U have, as it seems till now, not been able to prove that the contents of the affidavit are false as your opponent has already been favoured with an interim injunction. Once U R able to prove it, the interim injunction will be vacated. U may then proceed against him for perjury by making an application u/s 340 CrPC to the same court, who on prima facie satisfaction, will forward it to the competent Magistrate for trial.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 October 2011
First you have to move for vacating the order and there if you are able to establish that the affidavit was false than only crpc 340 will be applicable.
If two meanings are possible from any pleadings than it will not be false.
Shailesh Kr. Shah
(Expert) 05 October 2011
False affidavit is not amount to contempt.As advised move application u/s 340 Crpc.
