Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

galsober@yahoo.co.in (def)     09 August 2011

Tempering with court's documents

Hello!

There is a new discovery! I was going throu' my divorce file for some monor work unofficially the other day (clerk is known). Astonished to see a pack of 8-10 pages in my file, there is no court's marks on any of the pages. The opposite party is in the midway of tempering with the record. No ZIMINI ORDER is there to support the acceptence of such doc in courts file. Its tempering.

Kindly let me know what to do next to corner them effectively if possible at all. Is there any provision of enquery as how these documents were inserted in main file? Plz guide



Learning

 11 Replies

niranjan (civil practice)     09 August 2011

It is better to ask for inspection officially,get  inspection and then bring this fact by an application to the court notice.if they are documents there should be an application,then in rojkam it should also reflect etc.and request court to discard those documents which are appearing without any application etc.

galsober@yahoo.co.in (def)     10 August 2011

Got it!

I also want to know -- what is the normal procedure from the court's side, is there any enquery done? Is it possible that opposite gang be also nailed?

Legal_Help (Consultant)     12 August 2011

hi,

where is this case pending?

galsober@yahoo.co.in (def)     12 August 2011

This case is pending at the court of Add Distt Sess Judge, HMA Sec 13 case state is Rajasthan

vishal (legal associate)     19 August 2011

For tampering with the court record its a Contempt of Court in a Judicial Proceedings against the Public Justice by giving False Evidence or tampering with the records.

As in your case it has been done in Courts record you move an application
u/s 340 of Code of Criminal Procedure for the said contempt.

The said court will make the preliminary inquiry on the application then will forward the said application to the concerned judicial magistrate for taking cognizance after directing the Registrat to lodge a complain against them.

Female Activist (housewife)     19 August 2011

hahahahahaha.

these documents would just be a bunch filed with some reply. as there are no court marks, they are inadmissible. they are neither exhibits nor marked. try tampering with court records, who is advising you?

galsober@yahoo.co.in (def)     24 August 2011

Originally posted by :vishal
"
For tampering with the court record its a Contempt of Court in a Judicial Proceedings against the Public Justice by giving False Evidence or tampering with the records.

As in your case it has been done in Courts record you move an application
u/s 340 of Code of Criminal Procedure for the said contempt.

The said court will make the preliminary inquiry on the application then will forward the said application to the concerned judicial magistrate for taking cognizance after directing the Registrat to lodge a complain against them.
"

Hello Vishal!

My next date in HMA is in Dec 2011.

1. Can such move be made before that or on next hearing?

2. Will the same court take up the matter or the Session Judge?

I plan that my advo takes formal "inspection of file". Then brings the facts out based on that inspection.

galsober@yahoo.co.in (def)     22 September 2011

Kindly throw the light here, I have to fire accordingly! thanx in advance!

vishal (legal associate)     22 September 2011

see first of all you inspect the documents whther the opposite party has tampered with the documents or not. now for filling the contempt application u/s. 340 of crpc one of the pre-requistic condition is that tampering of documents should be done when the documents were within the custody of the court.

 

After inspection if you find that some tampering has been done then move such application on that date before the same court only. 

 

normally in india courts do not keep the records safely so it is very easy to tamper the court's record by giving bribe.

for any further queries you let me know.

Tajobsindia (Senior Partner )     22 September 2011

@ Vishal


1.
How Contempt of Court in this brief?


2. How S. 340 CrPC applicable in this brief?


3. What is meaning of tampering and did case of tampering really is what is asked and answered left and right till now by you !


This is a case where after days hearing the opposite party filed certain documents probably in connivance of Reader or Bench clerk or Staff of the court whose copy were never given to the querier and neither the filed copy were stamped as material records of the case file but simply punched into the case file, further whose discovery this querier found out while doing a "unofficial way inspection of case file" ............


So the case is of too many sips between cup and lips by one and all and way out is to see relevance of the 8 - 10 pages discovered to the case. If they are reflecting adversely to the cause of action then take action and if it is not then also take action by first conducting officially a 'inspection of file' and bringing such 'discoveries' by way of an Application before the Court to either reject or mark the document with copy now given to this querier and reply / rejoinder whatever now taken on record to set all controversies to rest instead of jumping onto Contempt of Court and or S. 340 CrPC either of which are not applicable to brief and mind it both section are never enquired into day today court proceedings as the special provisions itself opening clause says so........

galsober@yahoo.co.in (def)     23 September 2011

Thanx Vishal & Taji 4 showing concern

These are the papers which I donot want on record, that too officially. Actually they have lost legal right to submit these papers, time is over...u know

Smartly they have played trick, planted these as a remedy & just to create chaos. I want 2 things:

* These papers shud be removed from court file. If they want these to b placed on record, they have 2 fight a lot (of course legally)

* If possible, they shud be punished too, see if some enquery or contempt proceedings may be asked?

I plan to ask my lawyer to have "Inspection Of File" officially......then what? teh actual case date is far away 2mo or so. Can the proceeding be done b4 that date or I have to wait till that date to initiate court-action?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register