Hi All,
I wanted a piece of advise on what grounds criminal case can be filed particularly when a civil case is already pending in any Court of Law?
Thanks & Regards,
Anjali
Anjalee (LAW student) 24 January 2009
Hi All,
I wanted a piece of advise on what grounds criminal case can be filed particularly when a civil case is already pending in any Court of Law?
Thanks & Regards,
Anjali
Kuljit Pal Singh (Legal Professional) 24 January 2009
Dear Friend,
Criminal law and Civil law are two independent branches of law. so having civil case pending does not abrogate the right to file the criminal case.
Regards
Ajay kumar singh (Advocate) 24 January 2009
Sometimes civil and criminal both liabilities arise out of same wrong. Then both civil and criminal proceedings may be initiated at the same time. Please furnish all details. Only then the correct advice may be given.
Sanjeev Tewatia (Advocate) 25 January 2009
yes first give the full detail of the case
advocate jain (advocate) 25 January 2009
yes..........first give the full details of the case
advocate jain (advocate) 25 January 2009
yes. .........if there is differet cause of action
Abhishek (law student) 25 January 2009
well...Mr Kuljit Pal SIngh is absolutely ryt.....but thn too details are must...
Anjalee (LAW student) 25 January 2009
A is stating that he has been adopted via Datta Hom Vidhi by a widow of B. The widow has filed the civil case already in the High Court stating that there was no such adoption of A by her. One of the relief sought in the High Court with regards to adoption is to declare that A is not adopted son of the widow or her husband B. The civil case is still pending.
The widow has expired and her natural born daughter is pursuing the civil case. Now, the daughter wants to file a criminal case against A for creating a false story of adoption & creating documents for example Pan card, Passport etc to prove himself as adopted son. Can Widow’s daughter file a criminal case on forgery against A with regards to the above matter?
Kuljit Pal Singh (Legal Professional) 27 January 2009
Dear Friend,
Certainly in the given case widow's daughter can lodge criminal case of forgery of documents but the same claim should be backed by the substantial evidences else it will not be admitted. It is further to be noted that the pendency of such criminal case will not help in civil case.
Regards
Anjalee (LAW student) 27 January 2009
Dear Friends,
Thanks for going through my query and Kuljit thank you for the advise will keep in mind.
Rgds,
Anjalee
A.Mohamed Thaheer (ADVOCATE) 02 April 2009
You can file a criminal case also provided the respondent/accuse had committed any offence attractive any section in the I.P.C. For example. you can file a civil case for damages for defamation and at the same time, you can also file a criminal case against the accused/respondent under section 499 of I.P.C.
B.N.Rajamohamed (advocate / commissioner of oaths) 04 April 2009
Certainly a criminal case can be filed in the basis of your facts.
ulhas hejib (service as a judge) 06 October 2009
YES IF AT ALL MENS REA I.E. CRIMINAL INTENTION IS CLEAR FROM SAME FACTS
yogesh (will tell you later) 06 October 2009
Both may be filed,In Criminal State initiates the action on the behalf of the complaint and iN cIvil Individual is the petitioner/plaintiff The Civil law will provide the petitioner relief on the damages but Criminal law will proscute the accused
Adinath@Avinash Patil (advocate) 07 October 2009
YOU CAN FILE CRIMNAL COMPLAINT CAN FILE FOR PUNISHMENT AND CIVIL SUIT FOR DAMAGES/COMPENSATION.