Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Apprentice (Associate)     11 January 2013

Urgent: how to file application for perjury

Could you please advise what is the procedure to file an application to the Court to record a finding for perjury against the Plaintiff? How does one go about this?

Defendant has strong evidence that the Plaintiff repeatedly lied in  his Affidavits.

Thank you so much.

 



Learning

 3 Replies

rahul (director)     11 January 2013

You have to produce documentry support  to file perjury u/s 340 CrPc.

you also need to see that  lied filed by plaintiff is materially change the judgment,

when you file the application u/s 340 CrPC, then its upto court , whether it issue notice to oppoent or not.. if after procedding, court allow you application to initate 340 againt the plainiff, then court will sent this pejury to 1st Class magistrate for trial of this case.. and the main case will run in this court and 340 will run in MM court.

 

Srinivas (Director)     12 January 2013

Rahul,

 

Do you have a sample application that can be used to file the complaint under Sec 340?

 

thanks,

Rahul Kapoor (Legal Enthusiast)     16 January 2013

hello,

you need to file an application of perjury or court can suo moto takes up the case when it feels that there is gross miscarriage of justice. 

then concerned court will transfer same application to magistrate of frist class.

you must file before other party correct the same 

 

regards-

rahul.gogreen@gmail.com

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register