Perjury case of filing false effidavit

Acceptance or rejection of evidence by itself is not sufficient yardstick to dub the one rejected as false. Falsity can be alleged when truth stands out glaringly and to the knowledge of the person making the false statement. Everyday averments are made in courts by one set of witnesses are accepted and the counter averments are rejected. If in all such cases complaints under IPC are to be filed not only there will be floodgates of litigation but it would also be an abuse of the process of the court.Every mistakes and inaccuracy in the statements cannot amount to perjury and such statements may also be innocently made and may also be immaterial. 

A nice reply by Shri  N. K. Assumi.

Like a jumping Jack Flash, you are now moving from perjury to character. Are you by any chance trying to point out the English Law by refering to "The Good the Bad and the Ugly", though not an issue?

Like a jumping Jack Flash, you are now moving from perjury to character. Are you by any chance trying to point out the English Law by refering to "The Good the Bad and the Ugly" though not an issue?

N.K.Assumi sir,

But in the given case it was not the acceptance and rejection of the facts with one would have filed. She has filed the case saying that it was her father’s joint family property and she as a coparcener she is entitle to the share. She also said that the family is undivided Hindu joint family where as it was not the case. Can she say that the facts were known to her about her own family property? And also that she is in joint family before filing the case. She was also married in 1994 than how she can be in undivided family with her brothers and sisters who have also separated themselves long ago. Also in this case, she has given the wrong cause of action. There are enough evidences to proves all above points.

Please tell me under these circumstance perjury case can be considerable or otherwise what kind of falsification has to be done which is consider for the perjury case. 

If a paper or a document with false facts is filed in a court, it can'i be said that those false statements were made in the court.   So it's not perjury.

Sandeep Gupta, to argue with you is like a single man practising tennis ball in a room. Your query is only based on what you stated and alleged against your wife,  and not the counter affidavit filed by your wife, so it is impossible to satisfy you. Even if I answer your query you will come up with one of your version and there will be no end. So let me stop here. 

Sir,

I know you may be upset with my queries but last point if you can clarfy to me. Recently Plaintiff has filed a RFA in high court and said that the property is self aquired property of her father. 

However in Civil Court case was filed for seperate partition and possession from the joint family property of her father which was dismissed. In such cases as a third party what I should be doing if court is not willing to accept the perjury case.

Does it mean that cases can be filed with false evidance and therafter appeal by changing the statements and court will not do anyting.

What is your guiadance for me in such situation to go further.

Thanks and Regards,

      

 

You can appeal against the Decision.

Perjury case is at the discretion of the Courts.    False statements in Courts are quite frequent.     They are otfen made unconsciuosly.      It is not advisable to punish each and every offender.     No man will, then, be ready to become a witness.

Courts are reluctant to become Complainants even in justifiable cases.      There's no remedy.

This perjury thing is quite confusing but it has few simple steps...1. Focus on the statements made by witness on oath, that is in general affidavit or during examination in chief. 2. Find out all the falsehoods and silently gather evidence which can prove the falsehood 3. Let the stage of cross examination come and during this witness' cross examination bring out with proper homework the falsehood.4. file the application under A.340 CrPC for initiating process under S.193 IPC for giving false evidence against this witness.5. you may have to take certified copies of various relevant papers on record, you may have to submit the affidavit detailing the falsehood.6. The court may decide your application immediately or at the time of final judgement on the main case.7. you may also like to move an application for such witness impeachment.

This perjury thing is quite confusing but it has few simple steps...1. Focus on the statements made by witness on oath, that is in general affidavit or during examination in chief. 2. Find out all the falsehoods and silently gather evidence which can prove the falsehood 3. Let the stage of cross examination come and during this witness' cross examination bring out with proper homework the falsehood.4. file the application under A.340 CrPC for initiating process under S.193 IPC for giving false evidence against this witness.5. you may have to take certified copies of various relevant papers on record, you may have to submit the affidavit detailing the falsehood.6. The court may decide your application immediately or at the time of final judgement on the main case.7. you may also like to move an application for such witness impeachment.

The false Affidavit filed by a Plaintiff along with a Plaint does not attract Perjury.    Because it was not sworn before any competent authority.    The Advocate attesting the Affidavit is not a competent authority.    If the false statement is deliberate, the deponent can't escape under the lee of to the best of my knowledge and belief.

It attracts Forgery for which Court needn't be the Complainant because it was not forged when the Plaint was in the custody of the Court.      Forgery was committed before the Plaint being produced in the Court.

Sec 195 of the Criminal Procedure Code says document produced in the Court not document going to be produced in the Court.

Thank you, sir.

As you said that false statement attracts the perjury. In the case filed by plaintiff she has falsify the statements in the plaint and thereafter filed her objection with false statement while deciding the IA for insufficient court fee which was filed by me on the ground that the property was  self acquired properties.

These statements have already appeared in a judicial proceeding, to cause the court to entertain and arrive on erroneous opinion/order for the IA No 4 that the suit is filed for separate partition and possession of the joint family properties and the plaintiff and the defendants constitute the HUF and this Hindu Undivided Family is in joint possession of these properties hence court fee is sufficient.

Now she has filed the RFA in HC challenging some other order stating that these properties are the self-acquired properties.

There is ample evidence to proves that the plaintiff has misled the court and falsify the information which was known to her. This family was not in a HUF not they were in joint possession of the properties as stated by the plaintiff.

Cause of action was also wrong since there was already an injunction suit filed against her by me with the cause of action including her photograph much before she has filed this claim suit.

 Vakalathnama filed for injunction suit and the date of filing this case is on the same day. This means that she was well versed with other case and the facts produced. She has supressed it from court while filing her claim suit.     

Will it attract perjury?

Every false statement was written outside the Court and then filed in the Court.     She might have misled the Court.      But perjury is not deemed to have been committed.     If a person writes something false sitting in the Court Hall and files it, it's not perjury.