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(1) The Cyber Appellate Tribunal shall not be bound
by the procedure laid down by the Code of civil Procedure,
1908 but shall be guided by the principles of natural
justice and, subject to the other provisions of this
Act and of any rules, the Cyber Appellate Tribunal shall
have powers to regulate its own procedure including
the place at which it shall have its sittings.
(2) The Cyber Appellate Tribunal shall have, for the
purposes of discharging its functions under this Act,
the same powers as are vested in a civil court under
the Code of Civil Procedure, 1908, while trying a suit,
in respect of the following matters, namely: -
(a) summoning and
enforcing the attendance of any person
and examining him on oath;
(b) requiring the discovery
and production of documents or
other electronic records;
(c) receiving evidence
on affidavits;
(d) issuing commissions
for the examination of witnesses or
documents;
(e) reviewing its decisions;
(f) dismissing an application
for default or deciding it ex pane;
(g) any other matter which
may be prescribed.
(3) Every proceeding before the Cyber Appellate Tribunal
shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the purposes
of section 196 of the Indian Penal Code and the Cyber
Appellate Tribunal shall be deemed to be a civil court
for the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973.
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