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Application under Section 340 CrPC in Civil Cases - Main Points:
Section 340 CrPC primarily pertains to criminal proceedings, requiring a court to inquire into whether an offence has been committed, often in cases involving forgery, perjury, or other criminal misconduct related to civil or criminal cases SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad, Shibu George S/o Late T. D. George VS Jijimon S/o Mathew - Kerala, AMRIK SINGH LYALLPURI VS STATE - Delhi.
Its use in civil cases is limited and typically involves initiating criminal proceedings against parties for offences like forgery or perjury committed during civil litigation SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad, AMRIK SINGH LYALLPURI VS STATE - Delhi, Anil Kumar Ojha vs CS C Ramasubramaniam - National Company Law Appellate Tribunal.
The initiation of proceedings under Section 340 in civil cases is scrutinized for merit; courts have held that such proceedings are not to be used as a tool for pressurizing parties but should be invoked only when there is a prima facie case of criminal offence SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad, ANIL BHASIN VS JASBIR KAUR - Delhi.
An application under Section 340 CrPC can be challenged via appeals or revisions if initiated improperly or without sufficient grounds; the petitioner has the right to appeal against orders passed under this section AMRIK SINGH LYALLPURI VS STATE - Delhi, ANIL BHASIN VS JASBIR KAUR - Delhi.
Courts have emphasized that proceedings under Section 340 are procedural and do not automatically lead to quashing of civil cases but serve as a mechanism to investigate criminal misconduct associated with civil proceedings Shibu George S/o Late T. D. George VS Jijimon S/o Mathew - Kerala, SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad.
Analysis and Conclusion:
Section 340 CrPC is a criminal procedural provision that can be invoked in civil cases where criminal offences are alleged to have been committed during civil proceedings.
Its application is limited and should be used judiciously, primarily to address offences like forgery or perjury that impact civil litigation.
Courts have underscored the importance of proper grounds for initiating such proceedings and have allowed appeals or revisions if proceedings are initiated without merit.
Overall, while Section 340 CrPC can intersect with civil cases, its primary purpose remains criminal investigation, and its misuse as a tool for harassment is discouraged SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad, ANIL BHASIN VS JASBIR KAUR - Delhi.

References: - SMT SUDHA JAISWAL Vs SHANKER SUAN - Allahabad - Shivangi Meena VS Suresh Kumar Meena - Rajasthan - Shibu George S/o Late T. D. George VS Jijimon S/o Mathew - Kerala - Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam - Gauhati - B. P. Bansal VS Mohinder Kumar - Punjab and Haryana - AMRIK SINGH LYALLPURI VS STATE - Delhi - ANIL BHASIN VS JASBIR KAUR - Delhi - Anokhilal VS Bherusingh - Madhya Pradesh - Devinder Mohan Zakhmi VS Amritsar Improvement Trust, Amritsar - Punjab and Haryana - Anil Kumar Ojha vs CS C Ramasubramaniam - National Company Law Appellate Tribunal

Search Results for "Applicatoin under Secion 340 Crpc in Civil Cases"

• India - Allahabad High Court

Issues: Delay in deciding the application filed under Section 340 CrPC read with Section 192 IPC. ... ARTICLE 227 - APPLICATION UNDER SECTION 340 CRPC - SUMMARY Fact of the Case: The petitioner filed an application ... under Section 340 CrPC read with Section 192 IPC in 2016, which was registered as case no.42 of 2016, but the same has not be....

2014 0 Supreme(Raj) 1033 • India - Rajasthan

ALOK SHARMA

GUARDIAN AND WARDS ACT - SECTION 340 CRPC - The court held that the applicant wife is contesting three cases at Delhi without any ... TRANSFER OF SUIT - SECTION 24 CPC - ORDER 7 RULE 1 CPC - ORDER 6 RULE 16 CPC - SECTION 148 CPC - SECTION 125 CRPC - SECTION 25 ... Fact of the Case: The applicant wife filed a transfer petition under Section 24 CPC seeking transfer of a civil suit ... (i) Under #H....

Shibu George S/o Late T. D. George VS Jijimon S/o Mathew

2019 0 Supreme(Ker) 158 • India - Kerala

K.ABRAHAM MATHEW

Code of Criminal Procedure- Section 340, Section 341, Section 195 -An application filed in a Civil Court under Section 340 CrPC ... under Section 340 Cr.PC which was dismissed by the learned Sub Judge- He filed an appeal under Section 341 Cr.PC. ... The order of the Civil Appellate Court cannot be challenged under Section 48....

Neput Rajiyung@ Action Dimasa@ Miput Rajiyung S/o. Depon Rajitung VS State Of Assam

2022 0 Supreme(Gau) 771 • India - Gauhati

in present case since in those cases, issue was whether Section 195 and Section 340 Cr. ... 195 Cr.P.C read with Section 340 Cr. ... like section 420, 460 and 467 IPC were alleged to have been committed in course of proceeding of a civil suit and same is not applicable ... since in those cases, the issue was whether Section 195 and Section #H....

2008 0 Supreme(P&H) 1698 • India - Punjab and Haryana

M.M.S.BEDI

The direction of the revisional Court advising the respondent to file an application under Section 340 Criminal Procedure Code for ... 195(1)(b) of the Code, and therefore, an application for enquiry under Section 340 Criminal Procedure Code for the offence of forgery ... The direction of the revisional Court advising the respondent to file an application under Section 340 Criminal Proce....

2009 0 Supreme(Del) 828 • India - Delhi

MOOL CHAND GARG

in writ petition - If petitioner is aggrieved of the, order passed under Section 340 Cr.P.C., he is entitled to file an appeal against ... Constitution of India, 1950 Article 226 - Criminal Procedure Code, 1973 - Sections 340 & 341 - Prosecution - Order of - Challenge ... Procedure in cases mentioned in section 195. ... At the outset, I may observe that in case the petitioner was aggrieved of the order initiating proceedings against him under Section....

2022 0 Supreme(Del) 620 • India - Delhi

C.HARI SHANKAR

Finding of the Court: Initiation of Section 340 proceedings in civil cases is essentially ... Constitution of India, 1950 - Article 227 - Criminal Procedure Code, 1973 - Section 340 - Petitioner sought ... cases are basically with a view to pressurise opposite party - There is no merit, whatsoever in this petition, or in Section 340 ... In the opinion of this Court, initiation of Section #HL_STAR....

2002 0 Supreme(MP) 819 • India - Madhya Pradesh

A.K.GOHIL

340 CrPC was also proposed against him. ... Thus, the direction given by the lower appellate Court regarding taking action under section 340 CrPC against applicant is hereby ... The applicant-defendant filed an application under section 5 of the Limitation Act for condonation of delay.

Devinder Mohan Zakhmi VS Amritsar Improvement Trust, Amritsar

2002 0 Supreme(P&H) 523 • India - Punjab and Haryana

R.C.KATHURIA

on an application filed under Section 340 of the Code of Criminal Procedure. ... Issues: The issues revolved around the interpretation and application of Section 340 of the Code of Criminal Procedure, the ... Section 340 - Quashing of Order - Code of Criminal Procedure - [Order XXXIX, rules 1 and 2 of the Code of Civil Procedure, Section ... Petitioner, Devinder Mohan -akhmi, se....

2024 Supreme(Online)(NCLAT) 1152 • India - National Company Law Appellate Tribunal

N/A, N/A

Section 340 of the Code of Criminal Procedure.

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