Civil application or lying application.
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
A perjury application is maintainable after the judgment has been passed by the competent judge in the court & also the judgment has been signed. Any judgment on it specially form BHC (Bombay High Court) Because somehow the opposite advocate came to know that we are going to file a perjury application in the court with the permission of the court after the judgment is delivered & signed by the judge so he (advocate opposite side) said filing perjury application is not maintainable ? He also said that we can file a criminal misc petition but I think that perjury application is best as per the section 340 & 344 of the Crpc & section 196 of the IPC. I want to known what about does the civil misc petition means I have heard the first time as it as same as IA (interim application) because civil misc petition & criminal misc petition are both the same like IA confused. Because the opposite advocate is confusing my advocate as my advocate has only 4 years’ experience in the field of criminal cases. So can anyone guide me in detail the above mentioned matter in detail? So actually what do does the criminal misc petition & civil misc petition means in detail. When can we file it?
As we have won the case. But confused on the points mentioned by the Opposite Advocate that civil, criminal misc petition means in detail.
Advocate. Arunagiri
(Expert) 28 April 2011
You file a petition before the civil court, u/s .340(1) cr.p.c. r/w 195 1 B of cr.p.c.. That court will pass orders suitably. It is only a IA. Dont worry about about the type of the case for numbering.
Guest
(Expert) 29 April 2011
The advocate of the opposite side can misguide only.
Querist :
Anonymous
(Querist) 29 April 2011
sir but what about the meaning of interim application, civil misc petition & criminal misc petition, & intercolutory application. explain me na. because he has used his words & i do not know what does it mean so pls tell me in detail what does it mean as ia layman.
Thanks
