Parallel civil and criminal law proceedings
SNagpal
(Querist) 21 July 2012
This query is : Resolved
It has been held by the Bombay High Court in the matter of
Manohar Satramdas Agicha v/s State of Maharashtra, 1990 that
"When there is a clear triable civil dispute, criminal proceedings are liable to be stayed".
Do we have a similar verdict of Hon'ble Supreme Court where this has been upheld.
Kindly advise
R.K Nanda
(Expert) 21 July 2012
Search google.
ajay sethi
(Expert) 21 July 2012
there are number of judgements that both civl and croiminal proceedings can go on .
In a recent decision in V.M. Shah Vs.
State of Maharashtra and Anr., MANU/SC/0087/1996, the Supreme Court has re-
emphasised the need for giving preference to the criminal proceedings
The settled
principle of law, thus, is that there is no constitutional or legal bar or prohibition for both
the civil as well as the criminal proceedings, to go on simultaneously. There is no rigid
straight-jacket fixed formula for staying proceedings in a criminal case while civil
proceedings are pending and it would depend on the facts of each case. Indeed, as
observed by the Apex Court in M.S. Sheriff's case (Supra) the public interest demands
that criminal justice should be swift and sure so that the guilty are punished while the
events are still fresh in the public mind. Therefore, criminal matters should be given
precedence over the civil matters. Besides, ordinarily, decision of a civil court is not
binding on a criminal Court. Nor is a criminal court's decision binding on the civil court.
In a criminal case all the ingredients of the offences have to be established in order to
secure the conviction of the accused.
ajay sethi
(Expert) 21 July 2012
In Iqbal Singh Marwah and Anr. vs. Meenakshi Marwah and Anr. AIR 2005 SC
2119, Supreme Court observed that both civil and criminal proceedings in respect of an
incident can go ahead simultaneously. There is neither any statutory provision nor any
legal principle that the findings recorded in one proceeding may be treated as final or
binding in the other, as both the cases are to be decided on the basis of the evidence
adduced therein.
ajay sethi
(Expert) 21 July 2012
in P.Swaroopa Rani vs. M. Hari Narayana @ Hari Babu, AIR 2008 SC
1884 Supreme Court observed that criminal proceedings and civil proceedings can
proceed simultaneously and there was no statutory bar on two proceedings being
conducted simultaneously.
