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kirankumar (Part time Employee/ student of BL)     25 June 2014

Need help regarding filing a case

When a petitioner files a case that they have given dowry by taking a bank loan and they submitted house loan statement as a proof. And after when we asked to call the bank manager to come to the court, then the petitioner filed a reply stating that they have not given any dowry from that house loan amount. 

 

My Question : How can we ask the court to register a case for producing a fabricate evidence. As they them self-accepted in written they have not given.  How can we ask court in the same case to register complaint on  petitioner . 



Learning

 7 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Please note that giving and taking dowry both are offence as per Dowry Prohibition Act.

 

You can file Perjury u/s 340 CrPC read with 195 CrPC.

 

Sample petition for the same can be found in my thread links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Perjury can be filed in the same court where your case is pending.

kirankumar (Part time Employee/ student of BL)     25 June 2014

i got confused between fabricated document and Perjury.

 

They submitted the there Bank house loan statement pass book as a evidence to show that they have got money for giving dowry. (Does this comes under Perjury or Fabricated evidence ) ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Dear Querist

read the definition of Perjury, your confusion will be clear, read the below definition.

There is two part of perjury as mentioned below

1. Law The deliberate, willful giving of false, misleading, or incomplete testimony under oath.
2. The breach of an oath or promise.
Feel Free to Call

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Please file in-person.

Kaatu Poochi (Kaatu Poochi&Co)     26 June 2014

https://www.lawyersclubindia.com/forum/Dowry-Gender-bias-in-law--104436.asp#.U6stzpSSyYg

kirankumar (Part time Employee/ student of BL)     11 July 2014

when i file the petition under 340  court returned it  stating  How can this be maintainable ?

he also said when the said exhibit is not yet decided as finding in this case.


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