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Report No. 277

Section 365G Procedure and powers of Special Court.-

(1) For holding an inquiry under section 365C, the Special Court may, subject to any rules that may be made in this behalf, follow such summary procedures as it thinks fit.

(2) The Special Court, while adjudicating a claim under this Chapter, shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-

(i) the summoning and enforcing the attendance of any party or witness and examining the witness on oath;

(ii) the discovery and production of any document or other material object producible as evidence;

(iii) the reception of evidence on affidavits;

(iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

(v) issuing of any commission for the examination of any witness;

(vi) any other matter which may be prescribed.

(3) Subject to the provisions of this Chapter, a Special Court shall, for the purpose of the adjudication of a claim under this Chapter, have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed and shall adjudicate upon such a claim as if it were a Civil Court.

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