Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A creditor can maintain a civil suit and criminal proceedings at the same time - Both the proceedings can run parallel...........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Suit for specific performance also filed - Civil proceedings can go side by side criminal proceedings...........
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..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Civil suit pending for the same issue - Complainant cannot pursue criminal proceedings - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 418, 419, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Dispute in question is of civil nature - Civil suit is pending consideration - When very same issue is seized up before civil Court, complainant cannot pursue criminal proceedings against accused for alleged offence - More so,..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such order as may be necessary can be..........
