Upgrad LLM

Consequences of false affidavit


Sir, 

Pl let me know in arelated case. Is IPC 195 applicable against a person who gave false complaint of forgery. FSL report proved complainant him self signed the alleged forged document (insstead of accused)

Ankit

 
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In this case, the respondent filed the WS in a mat suit with false information about job as she was receiving maintenance in another court. Later it was proved tat respondent was lying & working, much before she filed the WS. The petitioner filed application under section 195 read with section 340. does it have any substance?

 
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Is there any ruling to the effect that such person should be barred from receiving relief from the court.

 

 
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Advocate Bombay High Court I 7809

The doctrine of clean hands kicks in. A false affidavit is perjury, under oath. Punishment can range from fine to imprisonment. (Best Nakery case; Zahira Khan). Orders obtained under false statements have to be set aside. The perjuror docked. Am going to argue just such a case of false witness and averments in a court in 4 hours. There are many judgements on this score, right from Lord Coke, 300 years ago. The Indian Supreme Court citations are best read in 1994 AIR 853 1994 SCC (1)1, bench: His Lordship, Mr. KULDIP SINGH (J),  Meghmala & Ors. Vs Narasinha Reddy & Ors. ,Ram Chandra Singh vs Savitri Devi & Ors, in Appeal nos. 8216 and 8217 of 2003, (AIR ……………………) is produced. This judgment also reconfirms observations of the two other judgements. One has to press the judges to take action; laxity is only helping the lawyers to try such tricks. I have already drawn the attention of a court to such matters by a complaint to the Principal Judge.

 
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Advocate Bombay High Court I 7809

Let me know what happens.

 
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