Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Criminal and civil proceedings are two different and separate independent remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to avail civil remedy to recover the outstanding amount...........
Indian Penal Code, 1860, Section 420, 468, 471 -- Complaint u/ss 420, 468, 471 IPC - Civil and criminal proceedings - When there is civil suit for recovery of money, it cannot be said that there cannot be complaint case...........
Criminal Procedure Code, 1973, Section 482, 133 -- Proceedings u/s 133 Cr.P.C. dropped - However proceedings resumed on the basis of letter received from Human Rights Commission - Human Rights Commission has no jurisdiction to entertain a dispute of alleged public nuisance, as Cr.P.C provides ample remedies for resolving such disputes - Moreover, civil suit is also going..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Civil dispute - Agreement between parties regarding supply of goods - There was no mal-intention of applicants as due money deposited by complainant - Nothing was due towards complainant, as balance amount was already paid by company to complainant, as per own admission of complainant himself - Moreover, civil..........
Suits Valuation Act, 1887 -- Appellant has submitted that since liability involved in suit was claimed by respondent only on bais of dishonour of cheques and in complaint u/S.138 of NI Act, Managing Directory has been acquitted by criminal court, therefore, suit should have been dismissed and claim is not maintainable - Held that claim of plaintiff was not based on..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Criminal Procedure Code, 1973, Section 340 -- Inquiry u/s 340 Cr.P.C. - Civil Court while conducting preliminary inquiry or conducting other proceedings under Cr.P.C., enjoys similar powers of Cr.P.C. for the purpose of inquiry or proceedings u/s 340 Cr.P.C. - Civil Court otherwise is precluded from using provisions and powers given in Cr.P.C. in conducting civil suit...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
