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2016 Supreme(SC) 21

MADAN B.LOKUR, R.K.AGRAWAL
Sciemed Overseas Inc. – Appellant
Versus
BOC India Limited – Respondent


JUDGMENT

Madan B. Lokur, J.

1. The only question for our consideration is whether the High Court was correct in imposing costs of Rs. 10 lakhs on the petitioner for filing a false or misleading affidavit in this Court. In our opinion, the imposition of costs, although somewhat steep, was fully justified given that the High Court also held that the contract in favour of the petitioner was awarded improperly and was of a commercial nature, the last two findings not being under challenge.

2. A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown an alarming increase in the last fifteen years as compared to the number of such cases prior to that. This ' is illustrative of the malaise that is slowly but surely creeping in. This ‘trend’ is certainly an unhealthy one that should be strongly discouraged, well before the filing of false affidavits gets to be treated as a routine and normal affair.

3. The petitioner is aggrieved by a judgment and order dated 22nd September, 2008 passed by the Division Bench of the High Court of Jharkhand in L.P.A. No. 212 of 2008 only to the extent of imposition of costs.[ BOC





































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