Civil and Criminal Proceedings -- In case where penal consequences flow, civil nature of dispute cannot exclude the obligation of criminal law...........
Negotiable Instruments Act, 1881, Section 138 -- Partnership firm - Unregistered firm can prosecute criminal complaint regarding dishonour of cheque - S.69(2) Partnership Act is not applicable as it bars filing of a civil suit and not a criminal complaint...........
Criminal trial -- Pendency of civil suit between parties is not a ground for quashing of criminal proceedings alleging forgery of documents and cheating etc...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Departmental proceedings - Stay during pendency of criminal proceedings launched on the same set of facts - AIR 1997 SC 13 followed wherein held : (i) Both proceedings can continue simultaneously; (2) If charge in criminal case is of a grave nature which involves complicated questions of law and fact then departmental..........
Criminal trial -- Civil Court decree - Complaint on same facts which were adjudicated upon and attained finality in a civil suit between the parties - Same matter cannot be allowed to be adjudicated upon all over again in the criminal proceedings...........
Malicious Prosecution -- Criminal complaint - Mere presentation of a false complaint does not furnish a cause of action - In an action for malicious prosecution plaintiff has to prove that the proceedings were initiated without any reasonable and probable cause and burden of proof lies on the plaintiff - Findings recorded in criminal proceedings are not binding on civil..........
Criminal Procedure Code, 1973, Section 451 -- Scope - Power to be exercised is of summary nature which does not adjudicate upon civil rights of the parties - However, order for the custody of property to contain reasons on prima facie finding of ownership to be recorded after hearing both the parties in due compliance of the principles of natural justice...........
Civil Procedure Code, 1908, Order 39, Rule 2 -- A - Provisions quasi - criminal in nature - A person violating injunction order passed by Civil Court or otherwise disregarding the same - Liable to be detained in civil prison - Violation or disregarding of injunction order has to be proved beyond all reasonable doubt by person complaining of such violation - Standard of..........
Criminal Procedure Code, 1973, Section 133 -- Question of title when required to be decided - Magistrate to refer the matter to a Civil Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Violation/disobedience of injunction order - Proceedings under O.39.R.2A are quasi criminal in nature which are meant to maintain the dignity of the Court in the eyes of the people so that the supremacy of law may prevail and to deter the people for mustering the courage to disobey the interim injunction passed by the..........
