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Shantanu Wavhal (Worker)     21 June 2014

Perjury - misconception ??

there are some rulings which say that, application u/s 340 CrPC has to be decided first.


However, as per Civil Manual & Criminal Manual, 

application u/s 340 CrPC has to be registered as Misc. Judicial Case and Misc. Cri. App. and then decided separately & independently.


further discussion would help to enlighten ...



Learning

 14 Replies

Shantanu Wavhal (Worker)     18 July 2014

not an interesting topic ...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 July 2014

https://www.lawyersclubindia.com/forum/How-many-of-you-are-planning-to-fight-your-cases-in-person-104564.asp#.U86AykCm9dg

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     22 July 2014

@ Amit, pls tell me how to use these three files. Do I need to put it within perjury application itself.

 

@ Bani & Mr. Amit, Thanks.

I have saved all three files.

In sessions I am about to file 397 in person. One of my ex-student who is herself a criminal lawyer is making me afraid that fas jaoge. another lawyer who is men rights activist came down to a very low amount butstill I am planning to go IN PERSON.

Shall I also file Perjury on even such an issue for which they can otherwise very easily say in rejoinder that it's a typing mistake.

But still, I want to file perjury so that I win in mind game at least.

And when they will change then change, no problem, but I want to file perjury in very first instance.

Further, tell me:-

If I put six points in perjury & one point fits very best & other point come under typing error etc then will that also amount to perjury. Can I get certain relief based on that ?

 


Thanks & Regards
,

 

Atur Chatur

Facebookhttps://www.facebook.com/atur.chatur

498a Victim cum RTI Activist

Twittertwitter.com/aturchatur

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email: -
 aturchatur@yahoo.com

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 July 2014

@Amit, pls tell me., If I am filing 397 to challenge the summons in DV sent to non-domestic then can I put perjury application alongwith that ?

Shantanu Wavhal (Worker)     23 July 2014

crpc 397 is a separate matter in upper court.

340 has to be filed in trial court itself

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 July 2014

OK Amit, If I don't file 340 in Sessions then at least the 340 which I filed in Family Court can be attached to 397 for DV Summons challege saying that, dekho FC mein she is doing perjury, hence u/s 203 and bhupender singh judgment bla bla..

 

Let me tell what I am planning to do:-

I am filing 397 challenging summons to non-domestic relatives.

Only one or two points will talk about that citing separate floor residents can't be made a party to DV.

 

All other points will have 203 only related to concealment, unclean hands, ETC. And also Order VII, Rule 11, Order X and Perjury Applications which I already filed in other courts.

 

Kindly raise my confidence if all seems well so that I feel courageous to appear Party in Person.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 July 2014

@Amit, pls also tell me why are you calling this thread as Perjury - misconception ??

 

Do u want to encourage ki Perjury file karo ?

Or you want to say, that do not file perjury. It's of no use.

 

Of Course, I will still file perjury, even if the whole world tells me do not file it.

But what's the reason behind this thread name,

 

Thanks & Regards

ATUR CHATUR

Shantanu Wavhal (Worker)     23 July 2014

atur, 

dont appear party in person with half baked knowledge.

it may spoil the case.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     23 July 2014

This is the whole problem in perjury cases.

 

It needs legal expertise for which no body is ready to pay to any advocate.

 

Courts are interested to finish the case so give less attention for perjury cases.

 

For results it takes lot of time and dates after dates and only after persistence results will come.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 July 2014

@Amit, Rocky referred me to this thread. And he is the one who encourages everyone for PIP appearance.

Reading your above message I am confused again.

 

If I found that she has concealed something in Affidavit & I write that in a simple perjury presenatation then how can this spoil my case ?

 

Please enlighten How can it backfire ?

If possible explain thru some example bcoz I was about to go about 397 within this weekend itself.

@LEGAL-CIVIL-CRIMINAL, Pls offer inputs as you said it needs persistence. If I pursue the matter MUH HAATH DHO K. Is there any chance fasne ka ? But How ?

As I am not able to understand how can perjury application backfire or How can Perjury application spoil the case of any person.

1 Like

giri raj (other)     28 October 2014

verim imp link 

Pragyan Mishra (-)     08 February 2015

I am not yet clear, after establishment of the Family Courts, if the false affidavit & deposition are submitted to the Family court, where should we file the application of perjury u/s 340. 

 

Will it be a separate petition or just an application to the current proceeding which is yet to be disposed off??

 

In my 125 case, I had filed an application to the Judge, Family court, however, he straight way dismissed it without even reading the application. No reason mentioned in the order, instead he mentioned "application dismissed".

 

Can any one give me the sample appeal format u/s 341 Crpc in a high court.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     06 June 2015

@Pragyan, reason has to be mentined in the order.

Why NOT you went for REVIEW to DJ instead of going for 341 to HC?

 

Kindly tell your current status vis-a-vis perjury

AMAN KONARK MODI   17 June 2016

DR BR AMBEDKAR SAID IN THE LAST SPEECH OF CONSTITUION FRAMING CONSTITUENT ASSEMBLY OF INDIA ON 25.11.1949 "I shall not therefore enter into the merits of the Constitution. Because I feel, however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However had a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide only the organs of State such as the Legislature, the Executive and the Judiciary. The factors on which the working of those organs of the State depend are the people and the political parties they will set up as their instruments to carry out their wishes and their politics. Who can say how the people of India and their purposes or will they prefer revolutionary methods of achieving them? If they adopt the revolutionary methods, however good the Constitution may be, it requires no prophet to say that it will fail. It is, therefore, futile to pass any judgement upon the Constitution without reference to the part which the people and their parties are likely to play."

Righteousness Where there is righteousness in the heart There is beauty in the character. When there is beauty in the character, there is harmony in the home. When there is harmony in the home. There is an order in the nation. When there is order in the nation, There is peace in the world.

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