Criminal Procedure Code, 1973, Section 125 -- Maintenance - Findings recorded in proceedings u/s 125 Cr.P.C. are for the purpose of awarding maintenance and cannot at any rate be conclusive or determinative of the rights of the parties even in civil proceedings...........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband below 21 years at the time of marriage - Civil suit for declaration of marriage being void pending - Validity of marriage not a ground to refuse maintenance if other requirements for grant of maintenance u/s 125 Cr.P.C. are fulfilled...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Compensation - Unless amount is claimable in civil suit, direction u/s 357(1) or S.357(3) Cr.P.C. for payment of compensation cannot be issued...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage in dispute - Court to pass appropriate orders after being prima facie satisfied about the marital status of the parties - Decision will be tentative decision subject to the final adjudication in the civil proceedings - Order passed u/s 125 Cr.P.C. will virtually come to an end after a Civil Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional Evidence in Appeal - Suit for permanent injunction restraining defendent from encroaching upon any portion of suit property - Defendents by way of counter claim sought possession of suit property - Claim of defendents that 'Ganga Ram' father of plaintiff was licencee and after termination of licence, possession..........
Criminal Procedure Code, 1973, Section 446 -- Bond for appearance - Forfeiture - Imposition of penalty and imprisonment in civil jail without issuing a show cause notice as contemplated under Section 446 is illegal...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 357, 482 -- Police torture - Compensation - Contraband recovered from accused by an officer of NCB - He was tortured which resulted into fracture of femur in his neck - Accused made handicapped - Rs.50,000 awarded as interimcompensation - Accused at liberty to resort to civil remedy to claim..........
Criminal proceedings -- Stay during pendency of civil suit - In appropriate case Court is empowered to stay the proceedings till the disposal of the civil case - In case it appears that criminal proceedings are initiated just to prejudice the trial of the civil suit or to use the same as a lever to coerce the accused into a compromise of the civil suit, the criminal..........
