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prabir   11 January 2018

Section 340

in a civil case, can a written statement be rejected for making false statement in the pleading and in the affidavit


 3 Replies

N.K.Assumi (Advocate)     12 January 2018

Yes, not only rejectiion but even the judge may inititate offence of  perjury under the Indin Penal Code, that carries punishment from 3 years to 10 years imprisonment. Affidavit can not be taken lighly.

prabir   13 January 2018

Thank you for your reply. Can you please provide some judgements in this regard.

Dr J C Vashista (Advocate)     14 January 2018

The plaintiff is required to prove falsification of averments made by defendant(s) and apply to the Trial Court to initiate necessary case u/s 340 Cr PC which may or may not be taken cognizence by Magistrate that depends upon documents and facts relied by applicant/plaintiff.

 


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