Legal Question in Constitutional Law in India

In a case under Sec 340 Crpc an application was filed by a litigant before a court claiming during a proceeding in a case before that court a false document had been filed by a respondent. Two persons had given in writing to the court that the alleged document is false. One of them happened to be President of the Pachayat under whose jurisdiction the land about which the subject matter of case falls. There is no dispute that Judiciary knows that the President of Panchayath is an Executive Authority of the State and head of local village assembly thus becoming a legislature. In short he is one pillar of Democracy. Judiciary is one other. In deciding the case what weightage Judiciary will give to the finding of Panchayat?

Asked on 10/02/09, 5:09 am

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Vimal Kishor Falcon Services

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Since CrPC is procedural law and hence any document produced before magistrate is subject to trial. There may be the case that the certificate claiming to be issued by the head of Panchayat is fake. Hence the document will be admitted in evidence, however the decision of the Court may or may not depend on the same

Answered on 10/02/09, 8:09 am

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