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Evenmore (Private)     09 January 2016

Need a Luknow Bench Judgement

Dear Experts,

 

Can anyone on this forum PLEASE help me in getting the certified copies of this judgment. I am ready to pay for the expenses & for the judgment. Kindly help me.

 

https://www.allahabadhighcourt.in/casestatus/caseDetailL.jsp


Luknow Bench - Case Type MISS (Misc. Single)   Case No. 56 of 2003  Date of Judgment : 09/01/2003

 

Thanks in advance...

 

 

Judgment :

Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002

Syed Nazim Husain

Vs.

The Additional Principal
Judge Family Court & another

Hon'ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petitioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen



Learning

 5 Replies

Sidharth   09 January 2016

Why fo you need certified copy? I have also used this judgement in my case by downloading it from Internet.

You may go to library of the Court. And get the judgement from court library. 

https://terminatorak.wordpress.com/2012/10/13/allahabad-hc-court-should-dispose-of-the-application-us-340-crpc-first/

Evenmore (Private)     09 January 2016

Hello Sidarth,

I tried to check the judgment on the Allahabad High Court website but could not find it. Case details are available but not judgment.

It is always safe to use the certified / reportable copy. Then the judge cannot challenge.

 

Thanks in advance...

 

 

Sidharth   09 January 2016

Courts  don't deny taking judgements downloaded from internet, if case number and other details are clearly mention on that. 

The judgement which you have copy pasted will NOT be accepted as case no is missing in it 

That's why I sent you link from where I have taken it.

Sidharth   09 January 2016

Allahabad HC- Court should dispose of the application U/s 340 CrPC first

Court should dispose of the application U/s 340 CrPC first
Court : High Court of Judicature at Allahabad

Brief : : if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

 

 

 

Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (56) of 2002

 
Syed Nazim HusainVs.The Additional Principal
Judge Family Court & another

 

Hon’ble A. Mateen, J.

Heard learned counsel for the petitioner as well as learned A.G.A.

Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.

From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petitioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.

In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.

In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.

With the above observations the petition is disposed of finally.

9.1.2003 sd- A.Mateen

Evenmore (Private)     09 January 2016

Thanks Sidharth. If I donot get the certified / reportable copy, that is the last resort.


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