Case law.
pratik
(Querist) 02 March 2012
This query is : Resolved
It is well settled law that the judgment of Civil Court shall prevail over the judgment of Criminal Court.
Any case law than ple provide.
The natural justice demands that parallel proceedings cannot be allowed to continue in different Courts.
how to know that parallel proceedinsg are going on in some other court or some other state on the same matter ?
Thanks in advance.
V R SHROFF
(Expert) 02 March 2012
Q"
how to know that parallel proceedinsg are going on in some other court or some other state on the same matter ?"
Ans:
It must be between the same party.So Proceeding is within the knowledge of party, or his Advocate. He knows it.
Arvind Singh Chauhan
(Expert) 02 March 2012
Parallel proceeding such as Maintenance is being asked in Sec 24 H. M. Act and the same time Proceeding under Sec 125 Cr.P.C is also pending. Or civil suit for posssession and proceeding under Sec 145 Cr.P.C is running at same time. It can be known through information or summon/notice to concerned party.
Following are some case laws-
decision of civil court binds criminal court.- AIC-2003(12)-SC-116-Para-15,23(3).
Decision of criminal court doesn’t bind civil court, but decision of civil court binds criminal court. C.L.J. 2005-Vol-5-S.C. 164.
Held that during the pendency of a filed regular civil court petition under Section 24 of HMA, wife also simultaneously filed a parallel petition under 125 Cr.P.C. of the Code. It was held that the petitioner wife could not be allowed to ride two different horses at the time (two simultaneous proceedings in two different courts) and could not be permitted to continue the maintenance proceedings under section 125 Cr. P.C. when she has already chosen the alternative remedy by filing first a regular civil court suit for maintenance. It is well established that the judgment of the civil court shall prevail over the judgment of the criminal court. The natural justice demands that parallel proceedings cannot be allowed to continue in different courts.- Ravinder Haribhau Karamkar V/s Shaila Ravinder Karamkar, Cr. L.J.1992- 1845- Bombay.
Deepak Nair
(Expert) 02 March 2012
Well advised by Shroff Sir.
Adv.R.P.Chugh
(Expert) 02 March 2012
No civil judgment is binding on criminal court and the other way round. Though the decision in civil case does have some persuasive value, and is only a relevant fact - if it falls within 40-43 of the Indian Evidence Act, 1872.
Seth Ramdayal Jat v. Lakshmi Prasad, JT 2009 (5) SCC 461
pratik
(Querist) 02 March 2012
thanks to all jurist but Mr. bharat is telling something else & arvindji is telling something else.
?
So can i take conclusion that civil court decision,judgment,order & decree binds on criminal court.
Thanks again in advance.
prabhakar singh
(Expert) 04 March 2012
ONLY With regard to property or civil status of person over which it has exclusive jurisdiction.
Not in matters where an act is tortuous as well as criminal then award of damages shall not lead to prosecution as the rigor of evidence varries in two jurisdictions and for conviction proof beyond doubt is required.
Shonee Kapoor
(Expert) 04 March 2012
Rightly stated Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
