False affidavit

Indian Courts and even the Supreme Court are notorious for ignoring Perjury and Contempt.

I am not very sure of the circumstances under which the case/s have been filed and the sequence of developments pertaining the realtionship between the two parties.

As far as CPC is concerned, it is legally permissible for a party to change address any number of times. The address provided by that party is the 'Legal Address for service of case proceeds etc'.

It is like this: A person in trouble will be forced to change residence due to peculiar situations known to that person only. Thus, the moment the residence changes, the physical address also changes. State has made enough provision to ensure that it be legal. THERE IS NO UPPER LIMIT ON NUMBER OF TIMES THAT A LITIGANT CAN CHANGE HIS ADDRESS. So far as the person has informed the court and all relevant parties of change in address in a legally permitted manner, it will be accepted in court of law.

Thus, address alone (even if were to be affidavit) is not a ground for IPC 191 as what it has been projected in this case. But, yes, if there are any other material facts that contradict truth or is a fabrication etc, then, only then it will be a false affidavit.

No, this is not a ground for perjury.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Use substituted service.

What does it mean?

In situations where court documents or notices cannot be served in person, they may be published in newspapers or sent by mail to be considered served.

Mail them too at the last known address.

Unreturned mail is no proof of service.

Just get it published.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Shonee: The person who receives the mail if different from the one who is supposed to receive it proves that the receiving has received it unless the different person either returns it back with comments [No such person at this address] or redirects it to the Defendent if the address is unknown. In either/every such case the matter goes against the defendant/Plaintiff/Whatever. Publication is a MUST though.
 

In USA affidavits are filed UNDER PENALTY OF PERJURY CLAUSE which has to be specifically mentioned. Not so in India. Lawyers and judges ingnore perjury being too much of headache without advantage. Likewise Contempt of Court is ignored unless the judge is put to personal disadvantage.

Is MISREPRESENTATION of a court order in a court proceed a perjury?

Is MISREPRESENTATION of a petition in a court proceed a perjury?

Is false evidence a perjury?

How should this case be filed in High Court?: Any sample format/case? Can IPC 191, 193, 196, 199, 209 be invoked? Any other applicable clauses?

Will high court fail this trial?

India Courts don't take action for perjury or even gross contempt.

True, in India, perjury prosecution is tardy.

However, that doesnot mean it can not be done. You have to show tenacity. 

No Pains No Gains.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com