Legal Question in Criminal Law in India
One of the investors case before a court was that a builder escalated the charges of plot in an approved layout at the time of handing over. The court had decided the case in favor of the investor. But later to the investor�s agony he came to know the layout was not actually an approved one by Government agency.
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The investor appealed to a higher court to make builder stand the charges for approval. The builder in his counter contended at no time he had told the plots are approved ones. The appellant court held since the investor did not rise this point in original petition a separate suit had to be filed and not as an appeal.
Now the investor had decided to sue the builder for perjury under section 340 crpc. Where should he file the petition in lower or higher court?
3 Answers from Attorneys
The person has already litigated in courts for years. may better seek advice from the lawyer who had been representing him all these years.
an application u/s 340 can be filed in the court where perjury was committed, whether lower court or high court.
From the facts, there appears to be no per-jury.
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