What happens if the Cousel gives false statement?
yogesh
(Querist) 17 December 2010
This query is : Resolved
If counsel gives false statement on the behalf of the party and the court records the statement and passed the order
Kindly inform whether suit for causing perjury will be imposed on the party?
Khaleel Ahmed Mohammed
(Expert) 17 December 2010
No. counsel can not give false statement.Counsel are bound to act on the directions of his client.If any body does,will be held liable for his act not only before Bar Council but also a complaint can be filed for compensation before consumer forum for his act.
Devajyoti Barman
(Expert) 17 December 2010
Yes , only the false statement made willingly of a party on affidavit is amenable to actions for perjury.
yogesh
(Querist) 17 December 2010
Sir,
But I am seeking if the counsel made submission(under instructions of client)and Court passed the order, which later found to be false
whether the party can be booked for perjury???
s.subramanian
(Expert) 18 December 2010
Yes. He can be but not the counsel.
shanmugam
(Expert) 18 December 2010
yes i agree
Raj Kumar Makkad
(Expert) 18 December 2010
No action of prejury is possible in the given matter.
Arun Kumar Bhagat
(Expert) 19 December 2010
Perjury is possible because counsel of the contemnor shall be witness against him in order to shield himself.