Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 406, 420, 504, 506 -- Credit card - Failure to pay dues payable for use of credit card - It is only a civil liability - Intention of cheating is not there...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s.145 - When not allowed to be continued? - Held, where civil suit is for possession or for declaration of title in respect of same property and where reliefs regarding protection of property concerned can be applied for and granted by civil Court then proceedings u/s.145 should not be allowed to continue...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Criminal proceedings - Quashing of - Pendency of civil suit for specific performance - Held, no ground to quash criminal proceedings, particularly, when Magistrate was of opinion that there exists sufficient material to proceed with criminal case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Departmental enquiry - Sought to be stayed - Criminal case and departmental enquiry on same facts - In case the departmental enquiry is not stayed, it would cause prejudice to the defence not only in the criminal case but also in the disciplinary proceedings and thus it will result in violation of..........
Civil Procedure Code, 1908, Section 10 -- Cheque dishonoured - Civil suit as well as complaint u/s 138 NI Act filed - Civil suit cannot be stayed u/s 10 CPC solely on the ground that Criminal Proceedings under S.138 of Negotiable Instruments Act has been instituted...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of complaint - Validity - Complaint discloses commission of an offence - Ingredients of offences u/ss 415, 418 and 420 cannot be said to be totally absent on basis of allegations in complaint - Whether or not allegations in complaint are otherwise correct has to be decided on basis of evidence to be..........
Criminal Procedure Code, 1973, Section 125 -- Marriage - Proof - For the purpose of S.125 Cr.P.C. the standard of proof of marriage is not as high as required under the Hindu Marriage Act - It is not open to the Criminal Court to ask the wife to first prove the extent of the marriage in a Civil Court and seek relief under the Code of Criminal Procedure thereafter...........
Criminal Procedure Code, 1973, Section 195, 340 -- Provisions of S.195 are mandatory - No Court has jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing - S.340 prescribes the procedure as to how a complaint may be preferred under S.195 Cr.P.C. - It is open to the Court before which the offence was committed to..........
Copyright Act, 1957, Section 63, Trade and Merchandise Marks Act, 1958, Section 78, 79 -- Infringement of copyright and trade mark - Complaint - Complainant's copyright as well as trade mark not registered - Litigation between parties also pending in civil Court - In exercise of inherent jurisdiction impugned complaint quashed. (Criminal Procedure Code, 1973, S.482)..........
Limitation Act, 1963 -- The provisions of the Limitation Act, apply to proceedings in the Courts and not appeals, applications etc. filed before Tribunals and quasi-judicial authorities, notwithstanding the fact that such Tribunals and authorities may be vested with certain powers under the Code of Civil Procedure or the Code of Criminal Procedure and their proceedings may..........
