Whether Civil Courts/Tribunals/Forums are bound to accept the Applications under Crpc ?
Querist :
Anonymous
(Querist) 22 November 2010
This query is : Resolved
Sir,
Please inform whether the civil courts/tribunals are bound to take applications under section 340 of the crpc which operates under differnt statutes such as CPA/CAT/IT etc???
Querist :
Anonymous
(Querist) 22 November 2010
I mean 340 of the Crpc
Querist :
Anonymous
(Querist) 22 November 2010
I mean 340 of the Crpc??
Advocate. Arunagiri
(Expert) 23 November 2010
All the courts irrespective of civil, or criminal courts, they can entertain 340 cr.p.c. petitions. Because it is a petition for contempt of court.
Guest
(Expert) 23 November 2010
Yes. It can.
340. Procedure in cases mentioned in section 195.
Its not the application for contempt of court.
offence referred to in clause (b) of sub-section (1) of section 195,
i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or
(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.
