Sec 340 CrPC was filed against plaintiff in case ABC due to lack of statutory permission. Plaintiff, in case XYZ (where plaintiff is defendant), the very next day, submitted affidavit acknowledging lack of statutory permission. Questions: 1. Is it our problem that the different lawyers of the plaintiff do not coordinate? I assume we can use the affidavit of case XYZ in case ABC 2. How long can the judge in case ABC wait for plaintiff to file a reply to Sec 340? Already 2 dates are past.. plaintiff will never submit a reply 3. In the SC judgment of "Jasbir Singh vs State of Punjab" in Sept 2022, is an inquiry necessary? Or can the court start proceedings straightaway?
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1. Though the details you provided here are insufficient to render proper opinion, it can be permitted to use certified copy of the court document as evidence in a related case.
2. It depends on the prevailing circumstances. It is the discretion of the judge, he may decide to not extend time after having given last chance or no further adjournment.
3. The court will follow the due process of law in all the cases
You can use the affidavit
2) court would not keep on waiting for reply from plaintiff . Generally 3 dates are given for filing reply
The builder claimed compliance with Sec 10(2) of MOFA to get favorable order with the Div. Jt. Registrar of Cooperative Societies in 2013 to get our society's registration cancelled. The same was appealed in Bombay HC in Writ Petition. In affidavit-in-reply recently in 2022, the builder claimed compliance with Sec 10(2) of MOFA again (though no orders passed yet). RTI replies by Dy. Registrar, DDR, and Registrar of Societies in Sept and Oct this year.. including orders of 1st appeal in all 3.. state that there is no compliance with Sec 10(2) of MOFA by Builder 1. Where does the Sec 340 application lie? In HC, or with the Div. Jt. Registrar? Orders achieved by fraud do not attract res judicata 2. The Dy. Registrar is party to writ petition. In RTI Dy. Registrar states lack of compliance, but the lawyer representing the office in court is a silent hen hatching eggs. Is the Dy. Registrar to be tagged as a party aiding and abetting the perjury?
Since false affidavit has been filed in HC also application can be made to HC under section 340 cr pc
2) deputy registrar is not guilty of adding and abetting perjury
1. Instead of filing perjury case you can file an appeal against the orders which was reportedly obtained by playing fraud on the court of registrar by giving false statements about compliance of the said section of law.
2. Dy. Registrar is an official party.
No perjury action can be taken up against him if he has done anything in his official capacity.
Your grievances is against the builder hence you can get your grievances redressed accordingly.
Bring the fact of false affidavit to the notice of High Court but as initial offence is committed before Dpt. Registrar file Section 340 before him.
Dear client, I am sorry to hear that.
1. Application under this Section 340:- May be taken out in any Court, Civil, Criminal or Revenue Courts, or in a Statutory Tribunal, which is declared as a Court by that Act to be a Court for the purposes of Section 195. The Application may be taken in the form of a Notice of Motion / Misc
1. Yes
2. Normally 1 Or 2 chances
3. As per that judgement say of proposed accused is not necessary
