Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in either of proceedings - Even..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Contempt of Courts Act, 1971, Section 20 -- Applicability of S.20 of the Act - It applies to civil and criminal contempts and also apply to contempt committed on face of High Court or Supreme Court or even Subordinate Court...........
Indian Penal Code, 1860, Section 447, 427, 379, 506, 148, 149 -- Offence u/ss 447, 427, 379, 506, 148, 149 - Admittedly, there is land dispute between parties - Even, as per cross-examination of caretaker of disputed land, it shows that there is no Khasra girdawri in name of complainant or his name - Moreover, neither he knows four sides of disputed land nor he can tell in..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 320 -- Cheating - Civil and criminal proceedings - Compounding of offence through compromise arrived at in civil proceedings - Permissibility - When civil liability is compromised and settled with a rider that said civil liability or any proceeding in that regard were settled, it has to be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Maintainability - Earlier FIR closed by Assistant Commissioner of police on the ground that dispute is of civil in nature - Registration of second FIR in respect of same offence is not permissible...........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation by transfer of Investigating Agency - Earlier FIR closed by police on the ground that dispute was civil in nature - De facto complainant filed a protest petition against closure report - Pending such protest petition DGP transferred investigation for reinvestigation to CBCID - However, leave of Court not..........
