Criminal Procedure Code, 1973, Section 482 -- Mere existence of a civil remedy does not bar initiation of criminal proceedings where allegations prima facie disclose commission of a cognizable offence...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court while deciding an application U.O.39.Rr.1, 2 CPC, may take into account revenue records and or material of criminal proceedings only for limited purpose of forming a prima facie view, without allowing such material to influence or prejudge final adjudication of civil rights, which must await a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Practice and Procedure -- Civil and criminal proceedings - Documents relating to Criminal Courts are not admissible in civil trial...........
