Perjury - crpc 340 - latest - sc - Family Law

Shantanu Wavhal (Worker) 10 May 2014

latest - SC

Attached File : 551055719 perumal vs janaki on 20 january, 2014 sc.pdf downloaded: 541 times

Shantanu Wavhal (Worker) 10 May 2014

25. Therefore, all that sub-section (4) of Section 195 says is that irrespective of the fact whether a particular court is subordinate to another court in the hierarchy of judicial administration, for the purpose of exercise of powers under Section 195(1), every appellate court competent to entertain the appeals either from decrees or sentence passed by the original court is treated to be a court concurrently competent to exercise the jurisdiction under Section 195(1). High Courts being constitutional courts invested with the powers of superintendence over all courts within the territory over which the High Court exercises its jurisdiction, in our view, is certainly a Court which can exercise the jurisdiction under Section 195(1). In the absence of any specific constitutional limitation of prescripttion on the exercise of such powers, the High Courts may exercise such power either on an application made to it or suo moto whenever the interests of justice demand.

26. The High Courts not only have the authority to exercise such jurisdiction but also an obligation to exercise such power in appropriate cases. Such obligation, in our opinion, flows from two factors â€“ (1) the embargo created by Section 195 restricting the liberty of aggrieved persons to initiate criminal proceedings with respect to offences prescribed under Section 195; (2) such offences pertain to either the contempt of lawful authorities of public servants or offences against public justice.

27. A constitution Bench of this Court in Iqbal Singh Marwah & Anr. v. Meenakshi Marwah & Anr., (2005) 4 SCC 370, while interpreting Section 195 Cr.P.C., although in a different context, held that any interpretation which leads to a situation where a victim of crime is rendered remediless, has to be discarded[6]. The power of superintendence like any other power impliedly carries an obligation to exercise powers in an appropriate case to maintain the majesty of the judicial process and the purity of the legal system. Such an obligation becomes more profound when these allegations of commission of offences pertain to public justice.

Victor (Chairman) 11 May 2014

Zero Tolerance for Perjury should be the motive force of all court proceedings ... this evil of perjury is the single most prevalent abuse of the due process of law letting offenders go away with impunity. Sadly, by not acting swiftly and firmly on complaints of perjury, courts seem to be encouraging what needs to be discouraged forthwith.

Shantanu Wavhal (Worker) 11 May 2014

nobody cares ... nobody fears ...

if u insist to file 340, ur own lawyer ridicules you.

Victor (Chairman) 11 May 2014

Yes, Mr Amit ... but this needs to be stopped if you want Indian Justice Delivery system to be efficient and NOT Notorious for being too longdrawn ... as it is today. Inaddition, let there be Legal Audit of all the courts and judges ... to fix accountability on them. Three wrong judgments on points of law should automatically lead to their demotion and financial penalty. Ten such errors - they should be dismissed forthwith.