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Showing posts with label perjury. Show all posts
Showing posts with label perjury. Show all posts
Thursday, 5 February 2026

Delhi HC: Invoking perjury jurisdiction at the interlocutory stage, with trial already underway and issues framed, would risk interfering with and prejudicing the main civil proceedings

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 In my opinion, an application under section 340 of the cr.pc ought to be normally considered at the time of final decision of the case only...
Saturday, 22 October 2022

Whether government servant turning hostile in Session trial amounts to misconduct?

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Having heard the learned counsel for the parties, we first examine  Petitioner's contention that the act of turning hostile does not amo...
Sunday, 4 September 2022

Whether the person giving false answers to interrogatories is liable for perjury?

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Under Order 11, Rule 22 CPC, the answer given in response to an interrogatory can be used in evidence, and therefore, its correctness and ve...
Sunday, 24 March 2019

Whether court should initiate prosecution for perjury if false allegation is made in anticipatory bail application?

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Thus, from the above, it is evident that the inquiry/contempt proceedings should be initiated by the court in exceptional circumstances wh...
Friday, 22 February 2019

Whether a person can be punished for perjury if he gives contradictory statements?

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The true test for determining whether statement is false or not 'is whether two statements are contradictory or irreconcilable to eac...
Sunday, 27 January 2019

Leading Supreme Court judgment on prosecution for offence of perjury U/S 340 of CRPC

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In view of the language used in Section 340 Cr.P.C. the Court is not bound to make a complaint regarding commission of an offence referred...

Basic principles to be followed by court prior to initiating prosecution for perjury U/S 340 of CRPC

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 The Constitution Bench of the Apex Court in the case of Iqbal Singh Marwah (supra) interpreted section 340. Paragraphs 23 and 24 of the ...
Sunday, 30 September 2018

Whether prosecution for perjury should be initiated if inaccurate statement is made?

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The prosecution for perjury should be sanctioned by courts only in those cases where the perjury appears to be deliberate and conscious an...
Saturday, 31 December 2016

Whether outcome of civil proceeding has relevance in deciding issue of perjury?

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 On going through the relevant pages of the roznama of the Criminal Miscellaneous Application, copies of which have been filed on recor...
Thursday, 24 November 2016

What are necessary conditions for initiation of proceeding U/S 340 of CRPC?

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There are two pre conditions for initiating proceedings under Section 340 CrPC – (i) materials produced before the court must make out ...
Sunday, 20 November 2016

Bombay HC: Procedure to be followed by civil court in complaint U/S 340 of CRPC relating to perjury in civil suit

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The section thus says that the court should be of opinion that an enquiry should be held. Even for forming an opinion, there should be so...
Wednesday, 25 May 2016

When prosecution should not initiated against expert witness for Perjury?

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In National Justice Compania Naviera SA v. Prudential Assurance Co Ltd (The "Ikarian Reefer") [1995] 1 Lloyd's Rep 455 ,...
Thursday, 19 June 2014

Whether a person giving evidence contrary to his FIR is liable for offence of perjury?

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“It is crystal clear that the FIR not being a piece of evidence on oath in a judicial proceeding, the concept of giving false evide...
Tuesday, 14 January 2014

Whether the court can permit Decree holder to cross examine judgment debtor as to his properties in execution of decree?

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In my view, merely because     affidavit in rejoinder is not filed by the  Judgment Creditor  to the affidavits  filed by the Judgment Deb...
Wednesday, 24 July 2013

Whether civil court can entertain application U/S 340 of CRPC?

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Bombay HC-NAGPUR BENCH- Even though any Civil Suit is pending Court cannot deny case u/s 340 CrPC. Perjury Application to be register as...