Punishment if a plaintiff obtain injunction by providing false, fabricated story
Arshad Hossain
(Querist) 05 November 2013
This query is : Resolved
What shall be the punishment if a plaintiff obtain injunction by providing false, fabricated and imaginary story in petition or by misleading the judge by hiding the facts of the case for their wrongful gain and purposes as a case stated below:-
Petitioner/Plaintiff is a joint owner of the property existing 4 storied Building
Whereas the Plaintiff acquire one office room facing north in ground floor and
Defendant also acquire one office room dual facing east and south at ground floor at the same premises
Whereas the plaintiff obtain temporary injunction by mislead the court on pretext of false story that the defendant is trying to sublet or transfer the said office room to a third party.
Thereafter the defendant ask of the proof of his allegation but the plaint unable to provide any strict proof and put a key pad lock on the grill of the office room of defendant and manage to get temporary injunction.
And it’s a running office of defendant and a defendant is facing a severe financial loss since then and all the office stationary, documents, computer, and office furniture is still lying in the office room of defendant and as such the defendant file a petition and ask for commission.
Is it the right way for the defendant ask for commission
Note: it’s a ancestral property of both plaintiff and defendant and they both are own blooded brother
Please advise
Nadeem Qureshi
(Expert) 05 November 2013
file a petition u/s 340 of Cr.PC
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub- section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub- section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (4) of section 195.
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
(b) in any other case, by the presiding officer of the Court.
(4) In this section," Court" has the same meaning as in section 195.
Rajendra K Goyal
(Expert) 05 November 2013
Try to get the stay vacated, bring all the facts before the court with documents and evidences and let the case be decided.
Raj Kumar Makkad
(Expert) 05 November 2013
You have not told whether the temporary stay order was pronounced by court in the presence of the defendant or was ex-parte.
Anyway, the falsehood cannot be established at this initial stage. The defendant should at this stage concenterate upon getting the stay order vacated. File an appeal against the impugned order.
