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RAHUL GUPTA (MANAGER)     21 April 2021

Who is liable for false statements made on behalf of company

In a case of a money suit against a Company I have made the CEO and two other functionaries as defendants . The Company's Officer In-Charge for the suit has filed false statements on oath in the said case. Could you please clarify as to who are liable for acts of perjury : - 


1) Only CEO  , OR 
2) All defendants and the Officer In Charge of the case , OR 
3) Only the officer in Charge who has fled the statements on oath 



Learning

 10 Replies

Pradipta Nath (Advocate)     21 April 2021

Without knowing the facts it will be not fruitful to appraise the list of defendants.

1 Like

RAHUL GUPTA (MANAGER)     21 April 2021

The defendants are functionaries of the Company  responsible for the money dispute . 

Pradipta Nath (Advocate)     21 April 2021

Then you should make the Company as placed in defendant no. 1 and others simultaneously.

Advocate Bhartesh goyal (advocate)     21 April 2021

No one is kiske for the offence of perjury un less court vivek funding on such statement.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 April 2021

1. IF officer-in-charge is given authority via a BOD resolution, THEN all mentioned persons shall be held liable for perjury.  Check this.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

RAHUL GUPTA (MANAGER)     21 April 2021

Can an application under 340 CrPC be moved to invoke charges of perjury. This is  subject to court's concurrence 

Pradipta Nath (Advocate)     21 April 2021

Have you really filled any money suit in the Court or only seeking opinion! As money suit is normally filed in civil court where we follow CPC and not Cr.Pc! 

SHIRISH PAWAR, 7738990900 (Advocate)     21 April 2021

Hello,

As per my opinion, you can file an application u/s. 340 against the person who made a statement in court and the Managing Director of the company. 

RAHUL GUPTA (MANAGER)     21 April 2021

I have filed a civil suit and got decreed in my favour. The defendants have appealed against this decree . 

Pradipta Nath (Advocate)     21 April 2021

So the matter is in appeal stage and the decree is in your favour! Please follow the decree/order as to the final observation of the learned court.


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