Perjury
Querist :
Anonymous
(Querist) 07 November 2011
This query is : Resolved
I wish to konw if a lawyer can lie in a written statement. If not, what action can be taken against him. he said that the Panchayat had dropped the case. The Panchayat hadn't. The Panachayat has given through RTI that it hasn't. is he liable for action u s 340 CrPC or s 195 IPC??
ajay sethi
(Expert) 07 November 2011
a lawyer does not make any false staements . the written statement is signed by defendant . the defendant states that facts stated in written statement are based on his knowledge or on basis of records etc
no case can be filed against lawyer under section 340 CR Pc
Sankaranarayanan
(Expert) 07 November 2011
yes you can't , what written statement was made by lawyer?
Querist :
Anonymous
(Querist) 07 November 2011
Sir, I made a mistake...It is not a written statement but written arguments signed by the lawyer and not by the concerned party...and how can the lawyer even make such a statement when he knows that the Panchayat can't drop the case when the case is in the hands of the Dy. Collector?? Any, way, thanks a million for the prompt reply....
Querist :
Anonymous
(Querist) 07 November 2011
Sir, I made a mistake...It is not a written statement but WRITTEN ARGUMENTS signed by the lawyer and not by the concerned party...and how can the lawyer even make such a statement when he knows that the Panchayat can't drop the case when the case is in the hands of the Dy. Collector?? Any, way, thanks a million for the prompt reply....
Querist :
Anonymous
(Querist) 07 November 2011
Sir, I made a mistake...It is not a written statement but WRITTEN ARGUMENTS signed by the lawyer and not by the concerned party...and how can the lawyer even make such a statement when he knows that the Panchayat can't drop the case when the case is in the hands of the Dy. Collector?? Any, way, thanks a million for the prompt reply....
prabhakar singh
(Expert) 07 November 2011
Let there be whatsoever it is ,if you feel
a case is made out in your view then who can check you,none,so proceed as per your own liberty as well as the risk involved.
Querist :
Anonymous
(Querist) 07 November 2011
Thanks gentlemen for the opinions, but I am sorry...I didn't get a clear response on the Written Arguments signed by the lawyer....Suggestions please!!!!!
prabhakar singh
(Expert) 07 November 2011
Then hey man you please get it noted that:::
"In and of itself, lying is not a crime."
"To commit perjury, a person must have taken an oath to testify truthfully"
And any augmentative note can not be detected
to find perjury.
Querist :
Anonymous
(Querist) 07 November 2011
Thank you Sir!But could the false STATEMENTS (there are more than one)in the written argument show that statements made by counsel lack credibility, responsibility and integrity. By the way, I won the caase in the lower court. It has now gone for appeal. And again Sir, I am a lady...Thank you! Am awaiting a reply....
ajay sethi
(Expert) 07 November 2011
instead of targeting the lawyer concentrate your energies on the appeal .
on account of mistakes committed by the defendant lawyer you have won the case . be satisfied
Querist :
Anonymous
(Querist) 07 November 2011
Thank you gentlemen.
prabhakar singh
(Expert) 07 November 2011
i am sorry to address you as man when you are lady but you may understand that mistake was not deliberate, anonymity and use of first person does not convey any thing to guess about gender.
i am also sorry to state that i have views not favorable to your intentions not because
i am supporting my side but law is so.
As rightly advised by Mr. Sethi you do need to concentrate on appeal as respondent and be thankful to other side lawyer's mistakes
which more he will make more benefits on merit you shall get in the case.
Querist :
Anonymous
(Querist) 07 November 2011
Thanks a million Mr. Singh. It's great that you gentlemen take time off to guide us. And you are of course excused very graciously Mr. Singh.
Shonee Kapoor
(Expert) 08 November 2011
Lies in written arguments, if the arguments were not based on the led evidence, it would anyways be excluded and no cause would exist for filing 340.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 10 November 2011
Thank you Mr. Shonee Kapoor...am grateful to all of you....
