Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | suit for damages Cost False or misleading affidavit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Cost - Imposition of - For filing a false or misleading affidavit - Writ Petition challenging award of works contract - Dismissed on the ground of its maintainability - In appeal to Supreme Court, contractor filing affidavit that work was nearing completion - Supreme Court directed the High Court to decide the case on merits - Single Judge of High Court , in view of the affidavit, did not set aside the award of contract and giving liberty to the party who challenged the award of contract, to file a suit for damages - In intra-court appeal by the contractor, the Division Bench on verification found that statement given on affidavit was wrong - The contractor initially justified its affidavit and then filed unconditional apology - Division Bench rejecting the apology held that the contractor had filed false affidavit before Supreme Court and imposed costs of Rs. 10 lakhs on the Contractor - On appeal, held: In the facts of the case, it cannot be said that the affidavit was bona fide and not a deliberate attempt to mislead the court - The very fact that a false or misleading statement was made, by itself is enough to invite adverse reaction - The imposition of the cost, though somewhat sweep, was fully justified - Affidavit. Affidavit - Filing of false affidavits before Courts - Held: There is alarming increase in filing of false affidavits and the same needs to be strongly discouraged. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 37 |
Petitioner | M/s. Sciemed Overseas Inc. |
Respondent | Boc India Limited & Ors. |
SCR | [2016] 1 S.C.R. 151 |
Judgement Date | 2016-01-11 |
Case Number | 29125 |
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