MURRAY AND CO. versus ASHOK KR. NEWATIA AND ANR.

Deliberate false statement on oath in affidavit before the Supreme Court amounts to contempt of court and is a serious infraction; such contempt warrants imposition of fine notwithstanding unconditional apology, to maintain the majesty of justice and integrity of judicial proceedings.

Parties: Petitioner: Murray & Co.; Respondent: Ashok Kumar Newatia; Respondent: Respondent No. 2 (unnamed)
Jurisdiction: India
Judgment Date: 25 April 2000
Procedural Posture: Contempt Petition (civil) No. 378 of 1998 / Final Judgment
Outcome: Petition disposed of. Respondents held guilty of contempt.
Legal Topics: False Statements on Oath, Criminal Contempt, Punishment for Contempt, Administration of Justice

Contempt of Court False Statements on Oath Criminal Contempt Punishment for Contempt Administration of Justice

Case Brief

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Murray & Co.

Petitioner

Ashok Kumar Newatia

Respondent

Respondent No. 2 (unnamed)

Respondent

Procedural Posture

Contempt Petition (civil) No. 378 of 1998 / Final Judgment

Legal Issues

1 Whether the making of a false statement on oath in an affidavit before the Supreme Court amounts to contempt of court under Section 2(c) of the Contempt of Courts Act, 1971.
2 Whether substantial interference with the due course of justice is required for imposition of punishment under Section 13 of the Contempt of Courts Act, 1971.
3 Whether unconditional apology exonerates the contemnor from punishment in the facts of the case.

Ratio Decidendi

Court Disposition

Petition disposed of. Respondents held guilty of contempt.

Orders

Each respondent directed to pay a fine of Rs. 2,500 to Supreme Court Legal Services Committee within 4 weeks.
In default of payment, each contemnor to undergo one month simple imprisonment.