#judicial misconduct

The Bombay High Court has ruled that submitting a fabricated affidavit in a concluded petition to circumvent a judicial undertaking amounts to fraud on the court, triggering prosecution under CrPC 340. The Tehsildar responsible was penalized with a six-month salary deduction, setting a precedent for holding public officials accountable for undermining judicial orders through procedural deceit.

Madras High Court rules that mere omission of assets in a matrimonial affidavit does not constitute perjury under Section 340 CrPC unless there is clear evidence of deliberate intent to mislead. The judgment clarifies that affidavits in family proceedings are procedural, not grounds for criminal prosecution absent fraudulent intent, impacting maintenance and divorce litigation strategies.

The Punjab & Haryana High Court ruled that bail cannot be granted merely on an undertaking to pay compensation if the accused has willfully violated prior court orders. The judgment underscores that judicial orders are non-negotiable, and repeated fraud allegations warrant custody to uphold judicial authority. This sets a precedent for stricter enforcement of bail conditions in property fraud and criminal breach of trust cases.