Search Results Page

Search Results

1 - 9 of 9 (0.72 seconds)
Documents citing Bibhuti Bhusan Basu vs Corporation Of Calcutta And Ors. on 9 July, 1981

Sri Rajesh K N vs Sri K R Umesh on 25 September, 2023

19. The Court before directing a complaint to be lodged, must form an opinion on being satisfied or come to the conclusion on such satisfaction that the person charged has intentionally given false evidence and such formation of opinion must be on consideration of materials duly placed. The same is the observation by the Calcutta High Court in the case of Bibhuti Basu Vs. Corporation of Calcutta reported in 1982 Cr.L.J page 909. In the said decision, the Calcutta High Court has observed thus;
Karnataka High Court Cites 15 - Cited by 0 - S Amarannavar - Full Document

Vittappan vs State on 9 April, 1987

8. The provisions of Section 340 are more or less procedural. Before directing a complaint to be lodged the court must form an opinion on being satisfied and come to the conclusion on such satisfication that the person charged has intentionally given false evidence and that for the eradication of the evils of perjury and in the interest of justice it is expedient that he should be prosecuted. The opinion must be formed at the time or before delivering the judgment. It may also be advantageous to consider whether there was mens rea in giving the false evidence. If there is any doubt in the mind of the court in respect of the bona fides of the defence of the person exercise of the power may not be justified. Bibhuti Bhusan Basu v. Corporation of Calcutta, 1982 Cri LJ 909 (Cal).
Kerala High Court Cites 10 - Cited by 8 - Full Document

Smt. Rakhi Pandey vs Dr. Kankar Ghosh And Anr. on 13 December, 2006

In the case of Bibhuti Bhusan Basu v. Corporation of Calcutta and Ors. reported in 1982 Cri. LJ 909(Cal), the Calcutta High Court also considered this aspect while dealing with the issue as to whether any affidavit filed by the executive officer of the Calcutta Corporation which subsequently established as false affidavit on perusal of the record would justify launching of criminal prosecution when it came to light that the executive officer was advised wrongly by the concerned clerk. Court held that there should not be any initiation of criminal proceeding.
Calcutta High Court Cites 25 - Cited by 0 - P K Ray - Full Document

Varun Mehta vs Ashok Kumar Aggarwal on 31 January, 2025

It cannot be ignored that the recommendation for action under Section 340 should be at the satisfaction of the Court making recommendation as to mens rea of the party sought to be proceeded against as observed in Bibhuti Bhusan Bassu vs. Corporation of Calcutta and others : 1982 Criminal Law General 909. The respondent has however failed to demonstrate as to how, the averment made in the reply as to denial of their relationship, could be considered to be made with the 9 of 10 ::: Downloaded on - 05-02-2025 00:18:39 ::: Neutral Citation No:=2025:PHHC:015826 CRM-M-50563-2022 10- intention to do any wrong to the respondent, even if, the same was to be considered as a false averment. On considering the overall facts and circumstances and in view of the position of law as discussed above, this Court is satisfied that it was not expedient in the interest of justice that the petitioner should have been prosecuted for the offences of perjury. It cannot be stated that there was any deliberate and conscious attempt on the part of the petitioner to misguide the Court and to interfere in the administration of justice. Rather, this Court is of the opinion that it will be in the interest of justice to avoid perpetual precipitation of the ill will amongst the parties by giving a quietus to the proceedings so initiated. Accordingly, the impugned order is set aside and the petition is allowed.
Punjab-Haryana High Court Cites 14 - Cited by 0 - Full Document
1