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Thursday 20 April 2017

False affidavits in civil proceedings - Liable for contempt of court

False affidavits in civil proceedings - Liable for contempt of court
Plaintiff submits an affidavit stating facts, in support of an application for the arrest or attachment of the property belonging to the Defendant. If the defendant proves that the plaintiff filed the false affidavit, the plaintiff may be punished under the Contempt of Court Act, 1971. Swearing to false facts in an affidavit is a Contempt of Court. Further, the plaintiff is also liable for punishment with imprisonment of either description for a term which may extent to seven years, and shall be liable to fine for producing the false evidence before the Court, vide IPC §§ 191, 192 and 193, inter alia.
In Iqbal Singh Marwah and Anr. v. Meenakshi Marwah and Anr., 2005 0 AIR(SC) 2119 = 2005 0 AIR(SCW) 1929 = 2005 2 BBCJ(SC) 408 = 2005 2 Crimes(SC) 11 = 2005 0 CrLJ 2161 = 2005 2 JCC 768 = 2005 3 JT 195 = 2005 2 PLJR(SC) 236 = 2005 2 RCR(Cri) 178 = 2005 3 Scale 93 = 2005 4 SCC 370 = 2005 5 SCJ 98 = 2005 2 Supreme 549 = 2005 0 Supreme(SC) 454.

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