AI Overview...
False Plaint or Written Statement Perjury
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Falsehood in Pleadings and Written Statements
False statements or falsehoods in pleadings, such as plaints or written statements, are significant as they can pollute the stream of justice and may lead to proceedings for perjury or contempt. Courts emphasize the importance of truthful verification, and deliberate falsehoods can be grounds for legal action. For instance, in cases involving forged wills or false claims, courts have held that false statements made knowingly can constitute perjury, especially when verification is specifically false or made without personal knowledge SANJEEV KUMAR MITTAL VS STATE - Delhi, S. R. Ramaraj VS Special Court, Bombay - Crimes. -
Perjury and False Evidence in Court
Making false statements under oath during court proceedings, such as deposing falsely before a trial court, can lead to charges of perjury. However, courts also recognize that false statements made under compelling circumstances or due to misinterpretation do not automatically constitute perjury. The courts have highlighted that not every falsehood sworn in court warrants prosecution; the falsehood must be deliberate and material to the case Bimal Das VS State of Tripura - Gauhati, Sanjay Gupta VS Laxmi Gupta - Punjab and Haryana. -
Legal Procedures and Court Orders
Courts have the authority to set aside ex-parte orders and direct parties to file written statements, emphasizing the importance of proper procedure and truthful disclosures. Orders under Civil Procedure Code (e.g., Order IX, Rule 7) facilitate this process, and courts may also take action if false statements are detected, including initiating proceedings for contempt or perjury Sterling Abodes VS Maria Celina Lobo - Bombay, Satish Kumar VS Union of India - Delhi. -
Verification and Knowledge Basis of Written Statements
The verification of facts in written statements must be based on personal knowledge or credible information. Statements based solely on records or hearsay, without personal knowledge, can be scrutinized for falsehood. Courts have found that verification not based on personal knowledge might suggest awareness of falsehood, raising concerns about perjury S. R. Ramaraj VS Special Court, Bombay - Crimes, S. R. Ramaraj VS Special Court, Bombay - Supreme Court. -
Court Discretion and False Claims
Courts exercise discretion when false claims are made, especially when the claimant withdraws the suit or when falsehoods are not material to the outcome. Not all false statements automatically lead to prosecution; the materiality and intent are crucial factors Rangaswami Reddiar VS Gunnammal - Madras.
Analysis and Conclusion
False statements in pleadings or testimony, when made deliberately and materially, constitute perjury and undermine judicial integrity. Courts differentiate between honest mistakes, misinterpretations, and willful falsehoods, with the latter attracting penalties such as contempt proceedings or prosecution under relevant laws (e.g., Indian Penal Code Sections 191, 193). Proper verification in pleadings is essential, and falsehoods detected during proceedings can lead to serious legal consequences. Ultimately, the legal system emphasizes truthfulness in court disclosures to uphold justice and prevent manipulation of proceedings.
References:
- Sterling Abodes VS Maria Celina Lobo - Bombay, G. I. C. Employer Sonal Vihar Co-operative Housing Sct. , & another VS Pandurang H. Vaity and other - Bombay, SANJEEV KUMAR MITTAL VS STATE - Delhi, S. R. Ramaraj VS Special Court, Bombay - Crimes, S. R. Ramaraj VS Special Court, Bombay - Supreme Court, Satish Kumar VS Union of India - Delhi, Rash Behary Ray VS Emperor - Calcutta, Rangaswami Reddiar VS Gunnammal - Madras, Bimal Das VS State of Tripura - Gauhati, Sanjay Gupta VS Laxmi Gupta - Punjab and Haryana
Search Results for "False Plaint or Written Statement Perjury"
2014 0 Supreme(Bom) 412 • India - Bombay
U.V.BAKRE
statement within 30 days. ... statement within 30 days. ... Summons - Civil Procedure Code - Order IX, Rule 7 - The court set aside the ex-parte order and directed the defendants to file their written ... They prayed for opportunity to file written statement. ... 6. By way of reply, the plaintiffs vehemently objected to the said application. ... On 18/05/2013, defendants no. 2, 3(a), 3(b), 3(c), 3(d) and 3(e) filed an application before the trial Court praying that the said ex-parte order dated 22/01/2....
1991 0 Supreme(Bom) 409 • India - Bombay
D.R.DHANUKA
Order 39, Rules 1 and 2 and Order 40, Rule 1-Temporary injunction Appointment of Receiver-Advocates making statement at ad interim ... It does not thereby follow that the correctness of that statement shall have to be assumed at the subsequent hearings when matters ... When I called upon the learned Counsel for the defendants Nos. 1 to 52 to explain as to why the written statement was not filed so far, she replied that in thousands of suits written statements were not filed for years. ....
2010 0 Supreme(Del) 754 • India - Delhi
J.R.MIDHA
evidence in probation of will--Forged Will--Perjury--Where a verification is specific and deliberately false, there is nothing in ... Succession Act, 1925 - Section 282 r/w Order 6 Rule 15 of Civil Procedure Code, 1908 and Sections 191, 193 of Penal Code, 1860--False ... law to prevent a person from being proceeded for contempt--Making false averment in the pleading pollutes the stream of justice- ... If there is falsehood in the pleadings (plaint, written statement o....
• India - Crimes
G.P.MATHUR, B.N.SRIKRISHNA, S.RAJENDRA BABU
... Held : The written statement had been verified by the appellant ... that what is contained in written statement is based on the information received from the records of the defendants Nos. 2 to 11 ... The verification of facts adverted to in the written statement is not made on the basis of personal knowledge of the appellant and ... The Special Court prima facie felt that the defendant and deponent of written statement were aware that the defenc....
2003 6 Supreme 508 • India - Supreme Court
S.RAJENDRA BABU, B.N.SRIKRISHNA, G.P.MATHUR
... Held : The written statement had been verified by the appellant ... that what is contained in written statement is based on the information received from the records of the defendants Nos. 2 to 11 ... The verification of facts adverted to in the written statement is not made on the basis of personal knowledge of the appellant and ... The Special Court prima facie felt that the defendant and deponent of written statement were aware that the defenc....
2009 0 Supreme(Del) 117 • India - Delhi
A.K.SIKRI, MANMOHAN SINGH
Statements recorded under Order X, were false as well as disclosures and false statement in the plaint - Attorney executed sale ... injunction Appellants resorted to falsehood on a matter of substance and the same was deliberate - Contradictory averments in the plaint ... The affidavit in support of the application for interim relief has been affirmed on 16.11.1999 though the application and the plaint have been verified on 25.2.2000. 28. The attorney has, thus, co....
1930 0 Supreme(Cal) 138 • India - Calcutta
SUHRAWARDY, COSTELLO
. - Misconception of the Operation and Function of a Written Statement Fact of the Case: The court found that the learned ... statement. ... Issues: The main issue was the misinterpretation of the purpose and intent of the rule related to written statements in a ... We can only express astonishment that a Judge of the experience of the learned Judge should have so misconceived the operation and function of a written statement as to imagine that because something is ....
1965 0 Supreme(Mad) 262 • India - Madras
NATESAN
There was no ground for proceedings under Section 209 I.P.C. as the petitioner had not made a false claim in court. ... affect the exercise of discretion, such as the fact that the petitioner had withdrawn the suit in which he had made the allegedly false ... affect the exercise of discretion, such as the fact that the petitioner had withdrawn the suit in which he had made the allegedly false ... There is not even a suggestion in the cross-examination of the plaintiff with reference to this part of the evidence putting forward the defenda....
2011 0 Supreme(Gau) 881 • India - Gauhati
C.R.SARMA
false statement, at time of deposing before trial Court, cannot lead to hold that they gave false evidence before the trial court ... statement - Miscarriage of justice - Petition under and of Code of Criminal Procedure hereinafter called Cr.P.C is directed against ... , under were made under compelling circumstances - Therefore, statements given by them being false, their failure to support such ... earlier version, a prosecution for perjury could be the price of tha....
2012 0 Supreme(P&H) 1546 • India - Punjab and Haryana
VIJENDER SINGH MALIK
Perjury--False Documents--Enquiry--Every falsehood that is sworn to by the parties in courts would not have to be proceeded against ... ... (A) Criminal Procedure Code, 1973, Ss.195 & 340--Perjury--False ... statement does not make it incumbent on the court to order prosecution and it has been clearly laid down that court has to order ... According to him, Naresh Kumar Garg filed written statement (Annexure A-2) where he claimed himself to be the husband of Laxmi Gup....
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