options in using legal remedies simultaneously

mahendrakumar (Querist) 20 December 2009 This query is : Resolved
caow?we simulataneously use different legal remedies for the same cause? if so how?

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Raj Kumar Makkad (Expert) 20 December 2009
No. We can agitate before any single legal authority at one time.

Devajyoti Barman (Expert) 20 December 2009
The question is too vague to be replied. It depends upon the nature of legal proceedings. By making necessary tweaks in the language two different legal proceedings can be initiated in respect of same subject matter if not the same cause of action.

N RAMESH. (Expert) 20 December 2009
I agree with Mr.Barman.

For simple example, in case of dishonour of a cheque, criminal proceedings under sec.138 of N.I.Act as well as civil proceedings for recovery of money can be initiated.

Sachin Bhatia (Expert) 20 December 2009
Ever case has its on merits, one can use legal remedies according to the facts & circumstances of the case.

Guest (Expert) 20 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.

1.FOR THE SAME CAUSE OF ACTION YOU CAN NOT FILE ANOTHER APPLICATION TO THE DIFFERENT AUTHORITY.KINDLY NOTE THAT YOU HAVE TO GIVE UNDERTAKING THAT NO OTHER APPLICATION IS PENDING IN ANY OTHER COURTS FOR THE SAME CAUSE OF ACTION.
2.KINDLY NOTE THAT IN CIVIL MATTERS IF ONE MATTER IS PENDING ANOTHER MATTER CANNOT BE FILED FOR THE SAME CAUSE OF ACTION.
3.IN CRIMINAL CASES FOR THE SAME CRIMINAL MATTER YOU CANNOT FILE ANOTHER CRIMINAL CASE AT DIFFERENT COURT.
4.BUT KINDLY NOTE THAT FOR THE SAME CAUSE OF ACTION YOU CAN LEGALY FILE CIVIL SUIT AND ALSO A CRIMINAL COMPLAINT CASE.PLEASE NOTE.
5.IN CASE OF DISHONOUR OF CHEQUE ONE CAN FILE COMPLAINT UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.AND CAN ALSO FILE A CIVIL SUIT FOR RECOVERY OF THE AMOUNT.
6.EVEN IN CASE OF DEFAMATION ONE CAN FILE A CRIMINAL COMPLAINT UNDER SECTION 500 OF INDIAN PENAL CODE AND ALSO FILE A CIVIL SUIT FOR CLAIMING DAMAGES AND COMPENSATION FOR DEFAMATION.PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU

YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

J K Agrawal (Expert) 21 December 2009
Apart from cases barred by principle of 'res judicata' and 'res subjudice' there is no bar to seek simultaneous remedy. You may file civil suit as well as consumer complaint for same cause of action. In all cases of felony you can file a civil suit as well as a criminal complaint. In case of murder one can file a civil suit for damages which will run concurrently with criminal case and further he can file an application in criminal case also for damages. There are so many Acts where the remedy is additional to other remedies available.

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