KHURSHEED AHMED UQABI vs TALIB HUSSAIN S — 2023 PLD 79 HIGH-COURT-AZAD-KASHMIR

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 193---Criminal Procedure Code (V of 1898), Ss. 476 & 195---Giving false evidence---Scope---Appellants assailed order passed by District Judge whereby the application filed by respondent for cancellation of succession certificate was accepted and appellants were ordered to be proceeded under law for giving false evidence---Validity---Appellants had admitted in their objections before the court that they intentionally gave false evidence to deprive the legal heirs of deceased and include an unconcerned person in the list of his legal heirs to obtain share from the legacy of deceased, thus they were liable to be taken to task for their illegal act---Appeal was dismissed. Head NotesCase Description Citation Name: 2023 PLD 79 HIGH-COURT-AZAD-KASHMIRBookmark this Case KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 193---Giving false evidence---Scope---Preliminary inquiry is not mandatory against a witness for giving false evidence and a complaint can be filed without hearing person to be proceeded against---Court is duty bound to lodge complaint against the offending person. Head NotesCase Description Citation Name: 2023 PLD 79 HIGH-COURT-AZAD-KASHMIRBookmark this Case KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 193---Giving false evidence---Scope---Section 193 of the P.P.C. envisages that whoever intentionally gives false evidence in a judicial proceeding shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. Head NotesCase Description Citation Name: 2023 PLD 79 HIGH-COURT-AZAD-KASHMIRBookmark this Case KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 193---Giving false evidence---Scope---Perjury is one of the most heinous social and moral offences which adversely affects the administration of justice---Any person who deliberately utters a false statement during the solemn proceedings of a Court of law, knowing it to be false does not deserve any leniency and ought never be let off lightly---Tendency on the part of the Courts to take a tolerant and indulgent view of such cases tends to encourage perjury in the Courts with the result that it has now become so common that witnesses do not feel any qualm of conscience while making a false statement in a Court of law and have ceased to consider it as an act involving any moral turpitude---Courts must rest this tendency with a firm hand and do everything in their power to eradicate this evil from its roots by awarding stiffer sentences, which would be a positive step in this direction. Head NotesCase Description Citation Name: 2023 PLD 79 HIGH-COURT-AZAD-KASHMIRBookmark this Case KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 193---Giving false evidence---Scope---When the statement of a witness apparently appears to be false to his knowledge, he should be tried for perjury and if the offence is proved he should be awarded exemplary punishment so that the professional witnesses are eliminated from the proceedings in the courts of justice. Head NotesCase Description Citation Name: 2023 PLD 79 HIGH-COURT-AZAD-KASHMIRBookmark this Case KHURSHEED AHMED UQABI VS TALIB HUSSAIN S. 154---Information in cognizable cases---Scope---It is not the requirement of law to provide a right of hearing to an accused before registration of the case. Head NotesCase Description

KHURSHEED AHMED UQABI vs TALIB HUSSAIN S — 2023 PLD 79 HIGH-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2023 PLD