filing a false Affadivt in High Court-whether amounts to "criminal contempt of High Court"?
umapathi.s
(Querist) 21 September 2008
This query is : Resolved
sir, I had filed a case against the bank Management for enquiry by the Central Vgilance Comission. the bank Management has filled a statment of objection and also a false Affidavit which are absolutely false as per bank's own documents obtained by me under the RTI ACT.now, I have submitted these to the High Court in the form of Rejoinders to the Statement of Objection. Now whether I can the High court of the false statment and false Affadivit of the bank respondebts in the same petition or should I file a new contempt petition. since I have read in some case law that making false Affadivt amount to criminal contempt of the court. but how to initiate the same . kindly help me with any case law for reference. REGARDS.
deepak kumar
(Expert) 21 September 2008
you just have to raise the matter before the Hon'ble court and the court may direct the registrar to lodge a criminal case for filing false affidavit
SANJAY DIXIT
(Expert) 21 September 2008
Making false Affadivt before a court amounts to criminal act.
Make an application U/s 340 Cr.P.C., before the same court where false affidavit is filed.
umapathi.s
(Querist) 21 September 2008
Thank u very much for the guidance and advice. I hope the statement of the objection filed by the respondents is a part of the Affidavit. whether I am right since the false statement are reflected in the Statement of Objection and in the Affdidavit it is verified by them as true and correct. I hope I have the cause of action to file a applicaion U/s 340 of Cr.P.C. plase correct me if I am wrong.
Regards.
umapathi.s
(Querist) 21 September 2008
Thanks for the advice and guidance. The false statement have been made by them in the statement of objection which is accompanied by the Affidavit by saying that all the statement made in the statement are true and correct and is being verified by them before signing the Affidavit. I hope that statement of objection filed in the High court is a part of the Affidavit and I have a cause of action to file an application u/s 340 of Cr.P.C. please correct me if I am wrong. Regards
SANJAY DIXIT
(Expert) 21 September 2008
U R ABSOLUTELY RIGHT SIR.
G. ARAVINTHAN
(Expert) 22 September 2008
An advocate can be charged under Section 340 of the Code or Criminal Procedure, for filing a false affidavit
ARVIND JAIN
(Expert) 22 September 2008
IF THE AFFIDIVIT IS OF THE LAWYER HIMSELF. IS IT RIGHT MR GANESAN?
SANJAY DIXIT
(Expert) 24 September 2008
In All the cases the affidavit is always executed by the parties of the case.
