Contempt of court
Zohaib
(Querist) 03 April 2014
This query is : Resolved
A person made false/fraudulent submission before the High Court and got a judgment in his favor in a Criminal Revisional matter. Is he liable to be punished for Contempt of Court? If yes, then under which provisions of the law?
Devajyoti Barman
(Expert) 03 April 2014
This is not contempt but amenable to perjury u/s 340 crcp.
You can apply for review on the ground of Fraud played upon court to get the decision.
Rajendra K Goyal
(Expert) 03 April 2014
Agree with the expert Devajyoti Barman ji, file review petition on the grounds of fraud.
Zohaib
(Querist) 03 April 2014
Would like to clarify that no document was produced. The Ld. Advocate appearing for the petitioner orally made such fraudulent submission during the hearing. Will it still attract section 340?
Devajyoti Barman
(Expert) 03 April 2014
Sorry, you have no case.
Forget it.
Are you new to this profession?
Dr J C Vashista
(Expert) 04 April 2014
Clarify the facts which are incomplete and vague. Reply the question raised by experts, especially Sh. Devajyoti Barman ji.
Advocate. Arunagiri
(Expert) 04 April 2014
If the Advocate had made any oral submission, the court had recorded that statement, and passed orders. In this case you can file a petition u/s 340 cr.p.c.
Zohaib
(Querist) 04 April 2014
Not a lawyer as yet. I am studying law. In the second year now.
A complaint was made against a person for forging document and the police filed a charge sheet against him.
The accused move the High Court.
The accused's advocate made some false submissions during the hearing to hoodwink the Court and get a judgment in his favor, which he successfully did. Such statement was also recorded in the judgment.
I want to know if case attracts section 2(c)(ii) & (iii) of the Contempt of Courts Act and/or section 182 of the IPC.
The fact that the oral submissions made by the accused's lawyer, under instructions from his client, were fraudulent in nature won't be tough to prove.
T. Kalaiselvan, Advocate
(Expert) 05 April 2014
This will not fall under the contempt of court law, as viewed by experts, it may fall within section 340 of Cr.p.c. but burden t prove will lie on the person who is filing the said case.
ajay sethi
(Expert) 05 April 2014
agree with Mr barman . no case of contempt of court made out
