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Raj (Self)     15 December 2014

Contempt of court

Learned Sirs,

Can anyone provide me a format for filing a "Contempt of Court" application in High Court of Madras as the opponent has filed a false affidavit in a Writ petition. I believe this will be Criminal contempt of court as false information has been provided by the opponent

Also if any advice on what to do next can be provided will be nice

Thanks



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 December 2014

There was a liability in case of false affidavit. Depending upon what damages their false statement produces, they can also be taken to civil court and sued for the losses they caused another to incur. A false affidavit is a fraud on the court, no less. Forget perjury, the offence is a direct assault on the judicial system get the facts make an air tight case and ensure that the court acts on it. A part from a false affidavit, further it is necessary to prove that such false affidavit was made with knowledge that it was false.

T. Kalaiselvan, Advocate (Advocate)     23 December 2014

On the basis of proof available with you that the affidavit filed by him is false, you can move an application in that writ petition itself, however he perjured the court, a case on that lines can be preferred.


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