Civil Procedure Code, 1908, Section 10 -- Stay of suit - Civil and criminal proceedings going on simultaneously - Civil suit can not be stayed during pendency of criminal case - Possibility of conflicting decisions in civil and criminal courts can not be a consideration for stay of the proceedings - No hard and fast rule as to which proceedings must be stayed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Pendency of civil suit - Issue with regard to ownership of land yet to be finalised - No case made out against appellants for initiating any criminal proceedings - Criminal proceedings against appellants quashed...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Criminal and civil proceeding -- Quashing of criminal proceedings - Serious allegations made against accused, particularly that one of the persons said to have executed power of attorney was minor, and another was away from India - Held, even if civil suit was instituted by complainant, High Court committed no error of law in declining to interfere with criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has nothing to do with criminal..........
Civil and Criminal proceedings -- Mere pendency of civil litigation or initiation of it, would not debar criminal case - There is no bar on simultaneous proceeding in civil as well as criminal case or after decree in civil suit...........
Indian Penal Code, 1860, Section 420, 467, 468, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell executed by a person who is not owner of land and who received earnest money - Held, mere pendency of civil suit is altogether a different matter and has got no nexus or co-relation with the criminal offences of cheating - Petition to quash proceedings dismissed...........
Criminal proceedings and civil suit -- Stay of civil suit till decision of criminal case - Civil suit cannot be stayed even if there is possibility of conflicting decisions in the civil and criminal court, as, such an eventuality cannot be taken as a relevant consideration - Secondly written statement is already filed in the civil suit and issues stand framed as such the..........
Civil suit and criminal complaint -- Civil suit pending - Validity and genuineness of gift deed and Will under challenge in civil court - Criminal proceedings initiated for preparing forged gift deed - Held, unless the finding of Civil Court comes in, the criminal proceedings are nothing but an abuse of the process of Court - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Leave to defend - Suit for recovery of sum based on promissory note - Defendant No.1 applied for education loan and defendants Nos.2 and 3 were co-borrower and guarantor - Defendant No.4 is training providing company - Record produced shows that no training imparted by the fourth defendant to the first defendant and..........
