Case Note & Summary
The case arises from Suit No. 1780 of 1993 pending before the Bombay High Court. In that suit, one Madhu Lakhma Kakade filed Chamber Summons No. 220 of 2005 seeking to be added as a party defendant and for service of suit proceedings upon him. In support of his application, he produced a school leaving certificate purportedly from a primary school showing his date of birth. The court, suspecting the document to be fabricated, directed the Crime Investigation Department (CID) to investigate whether the school existed and had a primary section in 1967, and whether the applicant was a student there. The CID submitted a report confirming that the document was fraudulent. On 21.3.2005, after hearing the parties, the court dismissed the chamber summons with compensatory costs of Rs. 10,000 to be paid equally to three claimants (Rs. 3,300 each). The court also directed issuance of show cause notices for perjury and contempt, returnable on 12.4.2005. Pursuant to the show cause notice, the applicant filed an affidavit claiming he was illiterate and that his advocate, Mohankumar K., and one Anna P. Construction obtained the certificate and made him sign. The court considered the affidavits and arguments of the parties. The court found that the applicant had admitted to signing the affidavit in support of the chamber summons, which contained false statements. The court held that the applicant was guilty of perjury and contempt of court. The court also found that the advocates, Mohankumar K. and Anna P. Contractors, were involved in procuring the fabricated document. The court imposed a sentence of simple imprisonment for one month on the applicant and fined him Rs. 2,000. The advocates were also held guilty of contempt and sentenced to simple imprisonment for one month and a fine of Rs. 2,000 each. The court further directed that the fine amounts be paid to the three claimants as compensation.
Headnote
A) Contempt of Court - Fabrication of Document - Perjury - Abuse of Process - The court found that a school leaving certificate produced in support of an application for impleadment was fabricated, as confirmed by CID investigation. The court dismissed the chamber summons with compensatory costs of Rs. 10,000 and issued show cause notices for perjury and contempt against the applicant and his advocates. Held that fabrication of documents to mislead the court amounts to contempt and perjury (Paras 1-3).
Issue of Consideration
Whether the school leaving certificate produced by the applicant was a fabricated document and whether the applicant and his advocates should be held for perjury and contempt of court.
Final Decision
The court found the applicant guilty of perjury and contempt and sentenced him to simple imprisonment for one month and a fine of Rs. 2,000. The advocates Mohankumar K. and Anna P. Contractors were also held guilty of contempt and sentenced to simple imprisonment for one month and a fine of Rs. 2,000 each. The fine amounts were directed to be paid to the three claimants as compensation.
Law Points
- Fabrication of document
- perjury
- contempt of court
- compensatory costs
- abuse of process of court
