May i know the meaningf of such application

Querist : Anonymous (Querist) 31 October 2011 This query is : Resolved
respected experts,

application u/s 340 for suo-motto of perjury in DV case.

may I know the meaning of above statement

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ajay sethi (Expert) 31 October 2011
suo motto means on it own accord .

the court has on it own accord take note of false evidence that has knowingly beeen filed or fabricated in DV proceedings

kuldeep kumar (Expert) 31 October 2011
yes suo moto righlty defined

prabhakar singh (Expert) 31 October 2011
aPNE AAP KHUDBAKHUD SAMZHE!

SWATAHA:

Advocate Rajkumarlaxman (Expert) 01 November 2011

this has been amswered in nthe foll manner prior

First, let it be clear that you or your opponent makes the complaint. Judge does not. Judge may investigate and record findings/analysis. All recordings will ultimately get used to frame judgment.
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PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.

Advocate Rajkumarlaxman (Expert) 01 November 2011
Step 1: You move an application.
Step 2: Court takes suo moto action or conducts inquiry. (From your writing, I think court has taken the 2nd option in step-2).
Step-3: If inquiry is held, then it drafts a complaint which notes its findings and one of its officers signs it. This complaint will then be dealt by another magistrate (first class magistrate). - You would only be signing for your statements to that court.
Step -3: Court decides as per law and its provisions.
Since you say opponent has admitted perjury and has applogised, it means that you are through. Await the judgment.
You have invoked Section 340 CPC.

Shonee Kapoor (Expert) 01 November 2011
The question has been answered by experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 02 November 2011
No addition needed.

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