Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Offence u/s 498A IPC - Compromise between parties - Parties resolved to withdraw all civil and criminal cases of any nature against each other - Continuation of proceedings against husband in such case would be sheer abuse of process of law -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Dispute regarding share in ancestral house - Complaint however, filed under PWDV Act - Husband used his wife to initiate present proceedings in the garb of domestic violence though there is no disturbance in their matrimonial life - Dispute regarding property right is a dispute of civil nature, which..........
Criminal Procedure Code, 1973, Section 202, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Issue of process - Offence u/ss 409, 420, 467, 471 & 120-B IPC - Magistrate instead of directing investigation u/s 156(3) Cr.P.C, proceeded u/s 202 Cr.P.C. - Accused alleged to have forged partnership - Case has been held to be primarily of civil nature - Whether it..........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Civil Procedure Code, 1908, Order 39, 2A -- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal case, since the said act of a..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - No objection certificates and other certificates required for lease were obtained fraudulently and with a criminal intention by petitioners - Petitioners contended that matter is purely of civil nature as allegations..........
Criminal Procedure Code, 1973, Section 482 -- Sale of property by impersonation - When there are serious allegations of fraud and impersonation, a criminal case cannot be shut out on the ground that the dispute appears to be of civil nature - Execution of sale deed by impersonation is a very serious matter...........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Will - Alleged to be forged - A criminal complaint is maintainable notwithstanding the fact that appeal against grant of succession certificate is still pending - When there is allegation of forgery it is a criminal act - Order of Courts below holding it a case of civil nature, set aside - Such document ordered to be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 156(3) -- Will - Alleged to be forged and on the basis of such forged Will, succession certificate procured - Complaint filed - Courts below held it to be a case of civil nature as succession certificate issued by civil court is under challenge before appellate court - Held, a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proceedings are quasi civil in nature - Matters are decided on the principle of preponderance of probability and not on the principle of proving the case beyond reasonable doubt...........
