To further clarify Q&A to a previous question. Builder made claims of compliance with Sec 10(2) of MOFA to overturn Society registration u/s 9 of MCS Act through an appeal to Div Jt Registrar u/s 152 of MCS Act. The minister upheld the Div Jt Registrar's orders in Appeal u/s 154 of MCS. Matter is in HC in Writ Petition, where society has interim orders in its favour. This occured over a period between 2006 and 2014. Cut to RTI replies by Dy Registrar, DDR, and Registrar of Cooperative Societies in 2022. All have denied via RTI replies and First Appeal orders that they are in receipt of Deed of Declaration in compliance with Sec 10(2) of MOFA. Additionally, builder again reiterated compliance with Sec 10(2) of MOFA in HC affidavit in April 2022 Queries: 1. Are proceedings u/s 152 or 154 covered by section 340 CrPC? Basically, is a lie / falsehood in proceedings u/s 152 or 154 of MCS Act punishable 2. No order has been passed yet by HC based on affidavit by builder. Can it still attract Sec 340 CrPC? We specifically appealed RTI replies that were in our favour to ensure the FAA of the departments hold hearings and pass orders reconfirming what the PIO sent.
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1. If the party has made false statement on oath before court then the party will be considered to have perjured.
A Perjury Charge may be brought when someone makes a false statement after being sworn in or promising to tell the truth in a legal situation.
2. Have you proved that he has lied on oath in your counter or cross examination if yes, then wait for the orders of the court.
Proceedings under section 152 , 154 would be covered under section 340 cr pc
2) since builder has filed false affidavit in HC it can attract section 340 cr pc
1. Yes
2. Yes
We filed for vacating stay using SC judgment in "Asia Resurfacing of Roads Agency v/s CBI" wherein stays were to automatically expire in 6 months. Ours was a civil suit instituted in 2007, which was stayed by HC in 2015. The predecessor judge called for a Say by other side. The new judge passed ex parte orders on the basis that SC judgment was not applicable to Civil suits We have found multiple HC judgments upholding applicability of SC judgment on civil cases/suits. But judge didn't even ask us if there were any case precedents! 1. Is SC judgment applicable to civil cases/suits? 2. Should judge have asked us to produce evidence / case laws of applicability to civil cases before unilaterally deciding on application? 3. Is new judge not bound by predecessor's order for other side to say? 4. Like parties in MA 1577/20 and MA 890/21, can we appeal directly to SC under said judgment?
To ensure a speedy disposal of such cases, the Supreme Court directed that a stay of trial proceedings before civil and criminal appellate/revisional courts ordered by a High Court or a court below High Court shall automatically expire in six months, unless extended by a speaking order.
2) This direction has been reiterated by the Hon’ble Supreme Court on October 15, 2020 in MA No. 1577 of 2020 in Criminal Appeal Nos. 1375-1376 of 2013. This essentially means that once the six-month period is over, the trial courts may resume the proceedings without waiting for any other intimation, unless an express order extending the stay is passed.
3) you should file appeal against the impugned order passed by HC
1. The judgments by supreme court are applicable to the similar cases before the trial court.
If you are aggrieved by the decision of the trial court you may prefer an appeal before the appellate court.
2. Have you not produced the copy of the judgment if the court was accepting your oral arguments in this regard, you may do it first after which you can plan further course of action.
3. Read the above anser.
4. You have to follow the procedures for appeal step by step and not jumping into the supreme court directly from the trial court.
1. Yes
2. Yes ideally
3. He is
4. You need to follow hierarchy from lower court then appeal