Action against advocate witnessing fake affidavits and indemnity bonds
CHARAN SINGH
(Querist) 20 September 2014
This query is : Resolved
An advocate of Bar Council of Delhi witnesses the signatures of his father and brother on Indemnity Bonds and Affidavits sworn in by his father and brother. These indemnity Bonds and Affidavits given by his father and brother were totally fake and it was in the knowledge of the advocate. Whether any action can be taken against the advocate?
Sudhir Kumar, Advocate
(Expert) 21 September 2014
person who swears a false affidavit is responsible for action. The witnesses only testify his signature.
Devajyoti Barman
(Expert) 21 September 2014
Case of forgery can be initiated against all of them.
Kumar Doab
(Expert) 21 September 2014
Agreed with Mr. Barman.
Rajendra K Goyal
(Expert) 21 September 2014
Case of forgery can be initiated against all.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
The querist has not at all alleged any forgary. He is only alleging false affidavit.
Advocate. Arunagiri
(Expert) 21 September 2014
It is a clear cut forgery. this author says the affidavit is fake. Under the circumstances, case of forgery can be initiated by the aggrieved party in the court by filing a petition u/s 340 cr.p.c.
ajay sethi
(Expert) 21 September 2014
case of forgery can be initiated
Raj Kumar Makkad
(Expert) 21 September 2014
I do agree with the stand of lawyer Arunagiri, Sethi & Barman.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
As rightly observed, a case of forgery can be initiated against all responsible for fake affidavit.
V R SHROFF
(Expert) 29 September 2014
Agree with Shri Barman
Sudhir Kumar, Advocate
(Expert) 22 October 2015
Le the querist say
Whether it is forgery wherein X has not signed and his signatures are done by Y.
Or false contents on affidavit signed by X only.
CHARAN SINGH
(Querist) 22 October 2015
Mr. Sudhir Kumar ji, the content of the affidavits was forged and knowing this, advocate witnesses the signature of his father.
Anirudh
(Expert) 22 October 2015
Mr. Sudhir Kumarji came in the scene some 3 hours ago.
But one year back, several experts had opined that action u/s. 340 Cr.PC can be initiated by you. Did you do so? And if so, with what result? If not acted upon, why?
CHARAN SINGH
(Querist) 22 October 2015
Mr. Anirudh Ji, The affidavit in question was submitted by the father of the advocate in the office of Registrar of Companies, Delhi & Haryana for closure of a company u/s 560 of the Companies Act stating that the company could not do any business whereas the company was running a bricks kiln and has a bank loan of Rs. 50 lacs at the date of submission of affidavit. Whether any application u/s 340 can be filed in the office of Registrar of Companies.
Anirudh
(Expert) 22 October 2015
Why did you not give these details in your first post?
If in the affidavit he has stated that he wants to close the company as it is not able to do business, how it will be wrong? He has not told that he has closed the company?
I think you have some personal grievance against him and therefore trying to find out something or other through which you want to put him to trouble, though you are in no way connected with the bank loan availed by the company.
Better concentrate your thoughts and energy on something positive and useful.
