Purjury in supreme court

Experts..

Pls give your inputs.

Thanks

Dear Querist,

 

As regards your query, may you please note the following:

 

Law as stands today is that If recourse to falsehood is taken with oblique motive, the same would definitely hinder, hamper or impede even flow of justice and would prevent the courts from performing their legal duties as they are supposed to do.

 

According to me, if the publication be with intent to deceive the court or one made with an intention to defraud, the same would be contempt, as it would interfere with administration of justice. It would, in any case, tend to interfere with the same. This would definitely be so if a fabricated document is filed or misleading and false pleadings are taken with the aforesaid mens rea. In the case at hand, you may  the examine the transalation and its material effects which according to you is apparently to deceive the court; then the intention to defraud is writ large. 

 

You may move contempt petition in the given matter.

 

Trust this would suffice.

 

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

 

Thanks Rabin sir for your reply. Today I got to know that court already has passed the order in applicant favor with hearing any of my counsel's argument..I have mentioned all the concealment, false statements, alteration of documents in my say...but it seems the court didn't even go through my say....Pls suggest if application under 340 Cr.P.C can be filed at this stage or as you said the contempt petition. What is the best way to challenge the order on grounds of false affidavit and alteration by the applicant. Thanks

I am more interested in filing the 340 application than the review petition to challenge the order. My lawyer is saying that it's better if you file this 340 application in lower court than directly applying in Supreme court as SC will also direct later the lower court to proceed with 340 application...Pls suggest what is the right approach or any other advise which you find appropriate in my case.

Thanks

Perjury application is submitted in the same court where this act of fabricating/submitting false documents/ affidavit has taken place.

as per 179 Cr.P.C "Offence triable where act is done or consequence ensues.". In my case due to the consequence case is transferred to wife's place...under this section does it allow to submit the application of purjury in the court where the case is transferred as consequence is ensued at the transferred place.

Though I am nt advo, but "CONSEQUENCE" in this case is "due to this false submission, case was decided in her favor". So same court where the fasehood was submitted wil hold jurisdiction ground that way too.

yes but consuequence is ensued at her place not at supreme court.

She submitted falsehood at SC....so jurisdiction is there

As a consequence, SC gave judgment in her favor believing her falsehood.....so jurisdiction is there

Now case moved to city XYZ, no falsehood she submitted in XYZ court. So how come perjury lie there?