SUNKARA LAKSHMINARASAMMA AND ANR. versus SAGI SUBBA RAJU AND ORS. ETC.

SUNKARA LAKSHMINARASAMMA AND ANR. versus SAGI SUBBA RAJU AND ORS. ETC.

The filing of a false affidavit, stating a living person was dead, in support of the application for transposition, was not bona fide and constitutes contempt of the Supreme Court.

Parties
Petitioner: Sunkara Lakshminarasamma and Anr.; Respondent: Sagi Subba Raju and Ors.
Jurisdiction
India
Judgment Date
06 May 2009
Procedural Posture
Special Leave Petition (civil) Nos. 20374 76 of 2004 / Order on Contempt Application and Transposition Request
Outcome
Applicants held guilty of contempt.
Legal Topics
Swearing False Affidavit, Transposition of Parties
Contempt of Court Swearing False Affidavit Transposition of Parties

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Parties

Sunkara Lakshminarasamma and Anr.

Petitioner

Sagi Subba Raju and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) Nos. 20374 76 of 2004 / Order on Contempt Application and Transposition Request

Legal Issues

  1. 1 Whether filing a false affidavit regarding the death of a party constitutes contempt of court
  2. 2 Whether the applicants should be transposed as petitioners in the SLP

Ratio Decidendi

The filing of a false affidavit, stating a living person was dead, in support of the application for transposition, was not bona fide and constitutes contempt of the Supreme Court.

Court Disposition

Applicants held guilty of contempt.

Orders

  • Exemplary costs of Rs. 25,000 imposed; to be deposited in Supreme Court within two months.
  • If not paid, contemnor shall suffer simple imprisonment for three months.