Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Criminal Procedure Code, 1973, Section 195, 340 -- False evidence - Merely because accused in plaint and in their affidavit filed in lieu of examination-in-chief in civil suit have stated lease period of 11 months instead of 10 years, does not amount to giving false evidence, as they had no intention to take any favourable orders of Court based on said statement -..........
Civil Procedure Code, 1908, Order 13, Rule 10(1) -- Call of records of any suit or proceedings from other Courts - Civil Court is not barred from calling for and inspecting evidence tendered in a criminal proceeding - However, admissibility and relevance of the same is subject to the document being proved as per the provisions of Evidence Act...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - Order passed u/s 19 of PWDV Act, whether interim or final shall be relevant and have to be given weight as one of evidence in civil Suit but evidentiary value of such evidence is limited - Findings arrived therein by Magistrate are although not binding on civil Court but..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence - Respondent allegedly stated certain facts which are not accurate in his rejoinder filed in civil suit - However, explanation offered by respondent in his rejoinder seems reasonable - It would be difficult to conclude that respondent had deliberately tried to misled Supreme Court to obtain a..........
Arbitration and Conciliation Act, 1996, Section 5, 8 -- Reference to Arbitration - Allegation of fraud - Suit for declaration - Allegations relating to forgery and fabrications related to partnership business subject matter of Arbitration - Moreover, allegations of fraud are not of such a serious nature that those necessarily constitute criminal offences, nor are so..........
Service -- Family pension - Entitlement - Petitioner lost not only her son on account of criminal offence which husband had committed and thereafter he had gone absconding and her right of family pension was also denied, thus, benefit of Civil Court decree has to be granted to petitioner - Moreover, petitioner had filed suit and placed sufficient evidence on record to..........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
