False Affidavit in Registrar Office for registration of new RWA
3 months ago
What is the legal option against false affidavit filed for registration of new Residents Welfare Association saying that there is no such RWA already exists in the same society which has a similarity in name
A.Dear Client,
If the wrong affidavit is intentionally filed to mislead the court or manipulate the proceedings the court can initiate contempt of court proceedings against the party responsible. Contempt proceedings may be initiated to uphold the integrity and dignity of the judicial process. If the wrong affidavit causes harm or loss to the opposing party they may choose to file a separate civil lawsuit seeking damages for any losses suffered as a result of the false information provided in the affidavit. This can include financial losses or reputational damage. Case law: In the case of State of Maharashtra v. Bharat Shanti Lal Shah (2010 the High Court of Bombay held that if a party suffers from losses due to false information provided in an affidavit they can pursue a separate civil action for damages.
If the wrong affidavit is intentionally filed to mislead the court or manipulate the proceedings the court can initiate contempt of court proceedings against the party responsible. Contempt proceedings may be initiated to uphold the integrity and dignity of the judicial process. If the wrong affidavit causes harm or loss to the opposing party they may choose to file a separate civil lawsuit seeking damages for any losses suffered as a result of the false information provided in the affidavit. This can include financial losses or reputational damage. Case law: In the case of State of Maharashtra v. Bharat Shanti Lal Shah (2010 the High Court of Bombay held that if a party suffers from losses due to false information provided in an affidavit they can pursue a separate civil action for damages.
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A.Dear client,
RWA is a voluntary member association set up for the welfare of the members. It must be registered under the Societies Registration Act, 1860. Once registered, the RWA exists as a separate legal entity which can sue, or be sued through its office-bearers or persons appointed for such purpose.
If a false affidavit is filed, you should file a charge as per Section 340 of CrPC. It deals with the offences against administration of justice. The supreme court in various instances has held that filing false affidavit is a contempt of court and would amount to injustice.
Thank you
RWA is a voluntary member association set up for the welfare of the members. It must be registered under the Societies Registration Act, 1860. Once registered, the RWA exists as a separate legal entity which can sue, or be sued through its office-bearers or persons appointed for such purpose.
If a false affidavit is filed, you should file a charge as per Section 340 of CrPC. It deals with the offences against administration of justice. The supreme court in various instances has held that filing false affidavit is a contempt of court and would amount to injustice.
Thank you
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