LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divya (nil)     19 June 2013

Continuous perjury or limitation of criminal contempt u/s 20

Dear Experts

 

Its a civil matter. The petitioner, advocate & several others file false affidavits, continuous make false staements and infact the entire proceeding is false and void..All this civil proceeding and affidavits were initiated and filed in 2009.

 

Problem is I had joined in 2012 only as an Obstructionist (official party); and only I brought the illegality to the court by filing a "Nullity application" before the concerned court. Decision of that application is still pending and also there are no orders yet passed in the civil proceeding.

 

My main doubt is I have come to know of the law of Contempt only today & each person who has filed such fradu proceeding & each false affidavit before the court becomes liable for Criminal Contempt but again there is a big drawback "Section 20 states that limitation is one year when the alleged contempt act had taken place"..

The contempt on court is indirectly continuous as the petitioner & other repeedly keep filing and giving false statements before the court...

 

How do I work around this, can people be left scottfree with the legal bar ???

 

Also if i try the other option of perjury, again its under the discretion of court & most often perjury applications are dismissed as courts dont act on them

 

Please guide me.



 3 Replies

Jayendra Sevada (Advocate)     19 June 2013

Also see Section 340 Cr.P.C.

madhu mittal (director)     19 June 2013

Please go through these citations, these may be helpful: 

1.Equivalent Citation: (2005)4SCC370, AIR2005SC2119, JT2005(3)SC195, 2005(II)OLR(SC)102,2005(1)UJ675(SC)

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000) with Criminal Appeal Nos. 904 and 1069-1070/1998

Decided On: 11.03.2005

Appellants: Iqbal Singh Marwah and Anr.
Vs.
Respondent: Meenakshi Marwah and Anr.

Hon'ble Judges:
R.C. Lahoti, C.J., B.N. Agarwal, H.K. Sema, G.P. Mathur and P.K. Balasubramanyan, JJ.

Subject: Criminal

2. MANU/DE/3134/2010

Equivalent Citation: 174(2010)DLT214, 2011(121)DRJ328

IN THE HIGH COURT OF DELHI

Test.Cas. No. 19/2004

Decided On: 18.11.2010

Appellants: Sanjeev Kumar Mittal
Vs.
Respondent: The State

Hon'ble Judges:
J.R. Midha, J.

Divya (nil)     19 June 2013

Extremely thanku all & i have read thru both decisions & they are extremely informative and helpful too.

Thanku again


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query