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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Mohammed Usman Sait, Son of Haji Ebrahim Oosman Sait – Appellant
Versus
Mohammed Saleem Sait, S/o.Haji Ebrahim Oosman Sait – Respondent
| Table of Content |
|---|
| 1. court orders inquiry into perjury. (Para 2 , 24) |
| 2. applicant seeks action on perjury claims. (Para 3) |
| 3. respondent denies perjury and claims malicious intent. (Para 4) |
| 4. conditions for proving perjury outlined. (Para 6 , 13) |
| 5. mous clarify retirement terms. (Para 10 , 12) |
| 6. court condones delay considering applicant's age. (Para 20 , 23) |
ORDER :
N. SENTHILKUMAR, J.
Application No.4722 of 2025 has been filed to record a finding and make a complaint under Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 r/w. Sections 236, 237 & 246 of the Bharatiya Nyaya Sanhita 2023 and to order an inquiry into the perjury committed by the Respondent/Defendant to be conducted by the Court of Judicial Magistrate having jurisdiction and to take appropriate actions in accordance with the laws.
2.Application No.5024 of 2025 has been filed under Order XIV and Rule 8 of Original Side r/w. Order VIII Rule 1 of Civil Procedure Code, 1908 as amended by the Commercial Courts Act, 2015 , to condone the delay of 71 days in filing Written Statement by the Applicant/Defendant in C.S.No.122 of 2025.
Application No.4722 of 2025
3.The case of the Applicant is as follows:
3.1.The Applicant, who
Court established intentional perjury by Respondent through false statements regarding family business, permitting inquiry and ruling on justified delay in filing Written Statement due to health issu....
The Commercial Courts Act brings about a substantial change in the provisions relating to the period of filing of the written statement and the power of the Court to condone the delay in filing of th....
The main legal point established is that while the time schedule for filing a written statement should generally be honored, exceptional situations may warrant an extension to ensure a fair trial and....
The main legal point established in the judgment is that the time for filing a written statement should be reckoned from the date of the order disposing of the application under Order VII Rule 11 of ....
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
The court may condone delays in filing written statements due to extraordinary circumstances, such as the Covid-19 pandemic, emphasizing the need for flexibility in applying limitation laws.
The court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
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