Sec 340
rajiv_lodha
(Querist) 26 September 2011
This query is : Resolved
In a HC civil case, i won on 14-09-11 as respondent. Opp. party stated wrong MATERIAL facts in their adjoining affidavit. Though the case is in my favor, other litigations are pending b/w us. I want to utilize the above fact in Sec340. Ques. is:
1. Can sec 340 be launched now; as the case is disposed already. We mentioned their lies in our reply & during the arguments. But never brought it under Sec340 as such.
2. If yes, what is the time limit to do so.
Raj Kumar Makkad
(Expert) 26 September 2011
You canno move such application at this stage because this application only be moved during the pendancy of case, however, you may file a separate criminal complaint against such petitioner who submited false facts supported with his duly sworn affidavit.
rajiv_lodha
(Querist) 27 September 2011
thanx all 4 clearing the doubt. Can u plz further elaborate:
1) Under what sec of IPC we can corner the other now in this case.
2) What is the time limit to do so?
Rajiv
rajiv_lodha
(Querist) 29 September 2011
As Raj Kumar has advised:
"You canno move such application at this stage because this application only be moved during the pendancy of case, however, you may file a separate criminal complaint against such petitioner who submited false facts supported with his duly sworn affidavit."
What is the correct procedure:
* Is this new case to be put in the same court which decided the original one? or there is no such binding?
* How will this case move: opposite party will be sent summons OR we have to first fight for its maintainability?
rajiv_lodha
(Querist) 18 October 2011
Hello all, plz throw light
I have worked on it & came to a conclusion to put Sec 191 193 199 200.
Only question which has different views!
* Will it be put to the same high court judge?
Some say simple 'yes'. Others: Its a separate case will move like any other criminal case, not specifically be applied to same judge.
* Another conflicting view, seems reasonable. She comitted crime at HC, HC falls in xyz CJM jurisdiction. This case has to be submitted to CJM court having HC area-jurisdiction.
What the law says?
