Filing False Affidavits

My Lord, Can a High Court impose costs of Rs. 10 Lakhs for the filing of a false or misleading affidavit?

Yes.

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… In Muthu Karuppan v. Parithi Ilamvazhuthi, (2011) 5 SCC 496 this Court expressed the view that the filing of a false affidavit should be effectively curbed with a strong hand. It is true that the observation was made in the context of contempt of Court proceedings, but the view expressed must be generally endorsed to preserve the purity of judicial proceedings.”

Hon’ble Justice Madan B. Lokur, M/s. Sciemed Overseas Inc. v.  BOC India Ltd., [Special Leave Petition (Civil) No. 29125 of 2008].

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