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Ravi Kant Mishra (Retired)     16 December 2024

Perjury case against false amount claimed in arbitration case and execution case

If a contractor goes for an arbitration against an agreement in which works have been completed and certain amounts havent been paid owing to certain discrepancies or any other reasons, one or more claims filed by him are incorrect or even fraudulently claimed hiding the facts, can a case of perjury or fraudulant claims be filed against him under section 340 CrPC and 209 IPC? Also, if the advocate, who was asked to submit his claims to the losing respondent for arbitral proceedings only along with the cost of litigation but the advocate submits claims in execution case for his fees for arbitral proceedings along with his fees for high court case (where appointment of arbitrator was demanded by contractor) & trial court in which the arbitral award was challenged, can the advocate also be prosecuted for raising false claims under section 340 CrPC and 209 IPC? Can a Chartered Accountant, who has prepared a totally false calculation for exaggregated amounts claimed by the contractor also be prosecuted in a similar manner?



 5 Replies

Anshu Sharma (LAWFINITY SOLUTI   16 December 2024

A perjury case under Section 340 CrPC and Section 209 IPC can be initiated if it is proven that fraudulent claims were made with the intent to deceive the court or arbitration process. Both the advocate and the Chartered Accountant could be liable if they knowingly supported or presented false claims. For further discussion or detailed guidance, please feel free to connect with me at anshu@lawfinitysolutions.com.

 
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T. Kalaiselvan, Advocate (Advocate)     16 December 2024

The advocate conducts the case on the instructions of his client.

Advocate cannot be held liable if his client has suppressed the facts and misguided the advocate to conduct his case accordingly.

The chartered accountant's role is to provide technical details to his client hence he can be held for playing fraud on court.

Whatever,in my opinion no perjury case would be maintainable.

P. Venu (Advocate)     16 December 2024

Why so many "ifs"? Is this not a real issue?

Ravi Kant Mishra (Retired)     25 December 2024

My question about the advocate was that when he was asket to submit claims pertaining to arbitral proceedings, he submitted claims for a previous case in which demand for appointment of arbitrator was prayed and also he submitted a claim for the case filed in appeal against the arbitral award. In the previous case & the appeal, cost was not imposed on the other party & it was only ordered in the arbitral award. The claimant filed an execution case in which court ordered the judgement debtor to pay the costs in accordance with the three previous judgements. So the advocate had a right to claim only his fees for arbitral proceedings whereas he submitted claims for all three cases. In such a case, can a case be filed against the advocate too?

T. Kalaiselvan, Advocate (Advocate)     25 December 2024

There is no irregularity if the advocate is claiming his fees for the complted  tasks entrusted to him, provided they remain unpaid as on the date of his claim. 

Why are you so particular in filing a case against the advocate who conducted the case on behalf of his client.

You may appreciate that no advocate has any peronsal interest except profesional interest in conducting a case on behalf of his client.

You can get your grievances redressed as per provisions of law instead of targetting the advocate which is not maintainable.

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