...for taking cognizance for any of the offences. Whereas, Dhanwanti and Kamalkishore have filed M.Cr.C No. 2947/2015 on the ground that simultaneous civil and criminal proceedings cannot go on ...and fabrication of Will is an abuse of process of law and quashed the FIR.7. On the other hand, learned senior counsel for the respondents submits that simultaneous criminal and ...concurrent civil and criminal liability reiterated not a bar to criminal proceedings.8. Apex Court in the case of Syed Askari (supra) held that simultaneous civil ...

...simultaneous criminal and civil proceedings on the same facts, does not contemplate stay of the civil proceedings till the conclusion of the criminal proceedings. It rat..., the Hon'ble Supreme Court considered the order of the High Court of Rajasthan which had stayed the civil proceedings pending disposal of criminal cases and held: “It is settled law that pendency of the...the criminal trials. The allegations in the SCNs are substantially similar to the charges filed by CBI against Shri Talluri in three criminal proceedings before the Special Court and, therefore, his...

...prosecution of the criminal proceedings with the civil suit. In paras 14, 15 and 16 of the Report, this Court stated as follows: (AIR p. 399)“14. … It ...Sheriff AIR 1954 SC 397, 1954 Cri LJ 1019 to stay the civil proceedings. The Court made it very clear that this, however, was not hard-and-fast...down as to which of the proceedings—civil or criminal—must be stayed. It was held that possibility of conflicting decisions in the civil and criminal courts cannot be considered as a relevant...

...that the simultaneous prosecution of the present criminal proceedings out of which this appeal arises and the civil suits will embarrass the accused. We have therefore to determine which should be...stayed.15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of...opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a...

...criminal trials would unduly delay disposal and deprive investors of the relief envisaged under sections 11 and 11b of the sebi act. further, the sebi act, which provides for simultaneous criminal ...Honble Supreme Court considered the order of the High Court of Rajasthan which had stayed the civil proceedings pending disposal of criminal cases and held: It is settled law that pendency of the...trials. The allegations in the SCNs are substantially similar to the charges filed by CBI against Shri Talluri in three criminal proceedings before the Special Court, and, therefore, his reply in the...

...proceedings and civil suit will embarrass the accused, and since it is necessary with due regard to the nature of criminal proceedings that a speedy trial in the criminal proceeding is ne...counsel submitted that these two matters since rest on the same set of facts, and in the civil proceedings since the applicant is to file a written statement revealing his defence and give evidence, the...the learned Joint Civil Judge, Sr. Dn., Akola is set aside and the civil suit from which this revision arises, is stayed till the disposal of the aforesaid criminal prosecution. No costs.Revision al...

..., learned counsel for the respondent — that in law there is no bar to, or prohibition against, initiating simultaneous criminal proceedings and disciplinary proceedings. Indeed not only the said two ...staying the disciplinary proceedings.9. The Tribunal found that the charge-sheet in the criminal case and the memo of charges in the disciplinary proceedings are based upon same...forward further defence as and when material against him emerges during the enquiry proceedings and disclosure of his defence at that stage could well prejudice his defence in the criminal trial...

...AIR (2009)SC 1011, that merely because of simultaneous criminal and civil proceedings was pending, the criminal court proceeding need...offence has been compounded. It is also settled law that once a civil case has been compromised and the alleged offence has been compounded, to continue the criminal proceedings Page 19 of 37 HC-NIC Page...criminal wrong and merely because a civil action is also pursued, it does not render the criminal action impermissible, in the facts of the case, it Page 27 of 37 HC-NIC Page 27 of 37 Created On Fri Dec...

...respondent shall be at liberty to take recourse to such a remedy which is available to him in law. We have interfered with the impugned order only because in law simultaneous proceedings of a civil and a ..., well settled that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. Whether civil proceedings or criminal proceedings shall be st...criminal court, however, it was opined:“32. Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal...

...law simultaneous proceedings of a civil and a criminal case are permissible.”16**. In Iqbal...thereto, on the ground that the appellants had lodged it after losing the civil case and with inordinate delay. Findings on factual issues recorded in civil proceedings are binding on criminal...proceedings have to take course and be decided according to the evidence adduced therein. Findings of fact recorded by the civil court are not binding on the criminal courts or vice versa. The High Court...

.... Where the proceedings in a civil action should be stayed or whether parallel proceedings, both criminal and civil may continue depends upon the facts and circumstances of each case. No ...would not be necessary to stay the civil proceedings pending disposal of criminal complaint, as the criminal complaint and suit are not grounded on the same foundation. 5. Examining the...a criminal case instituted against the applicants allegedly on the same facts and in the same circumstances. 3. Shri Waghmare heavily relied on the judgment of this court in Civil...

...and criminal liabilities, there is no bar to the simultaneous continuance of criminal as well as civil proceedings. Under these circumstances, no interference is called on the basis of.... There is also no adjudication of the liability of the petitioner and therefore, the petitioner is entitled to relief. In our considered opinion, where the facts give rise to both the civil... Neutral Citation No. - 2023:AHC:216506-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17742 of 2023 Petitioner :- Nandlal Jaysawal...

...:“… simultaneous prosecution of civil and criminal proceedings regarding the same matter is likely to embarrass the accused and so ordinarily, and in the ...proceedings should be given precedence and the civil proceedings should be stayed pending the termination of the criminal.”14. Mr Tulsi has also submitted that i...the breach of contract in the matter of property which is entrusted as an aggravated civil wrong and thereby constituting a criminal offence. That being the policy, to quash an FIR on the ground that a...

...proceedings. Reliance has been placed on various precedents permitting simultaneous civil and criminal proceedings. 6. I have heard rival submissions of the parties ..., as these matters are for civil courts to address. Therefore, the criminal proceedings should be quashed, as no criminal offense has been committed by the applicants, and the complaint is merely an...the Chief Judicial Magistrate, District-Bijnor. The applicants argue that the dispute is of a civil nature and should not be adjudicated in criminal court. 4. The...

...M.S Sheriff v. State of Madras (1) has considered the question of simultaneous prosecution of the criminal proceedings with the civil suit. In paragra...expedient in M.S Sheriff to stay the civil proceedings. The Court made it very clear that this, however, was not hard and fast rule; special considerations obtaining in any particular case might make some ether course more ...Civil Procedure, 1908 and the trial Court has stayed the proceedings of the suit. The basic question before this Court is whether on account of pendency of criminal case, a civil suit can be...

.... 11. The issue whether simultaneous civil and criminal proceedings can continue in regard to a common incident/ transaction, has been considered by the Hon'ble Supreme Court of India in.... 8. It has been argued that civil and criminal proceedings in regard to common incident/transaction cannot continue. Order passed by a court of law on the civil side will prevail over ...required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof...

...that in M.S Sheriff cited supra does not lay down an invariable rule that simultaneous prosecution of criminal proceedings and civil suit will embarrass the accused or that invariably the ...SC 397, in paragraph nos. 15 and 16 held thus:-“15. As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence...particular case might make some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order...

....(AIR 1954 SC 397) has considered the question of simultaneous prosecution of the criminal proceedings with the civil suit. In paragraphs 14,15 ...simultaneous prosecution of the present criminal proceedings out of which this appeal arises and the civil suits will 6embarrass the accused. We have therefore to determine which should be stayed...factors, this Court found expedient in M.S. Sheriff (supra) to stay the civil proceedings. The Court made it very clear that this, however, was not hard and fast rule; special considerations obtaining in any particular case...

.... The question before the Supreme Court was whether simultaneous prosecution of the criminal proceedings (in pursuance of the complaint lodged by the High Court) and the civil suits will ‘embarrass’ the ac...), that simultaneous prosecution of the criminal and civil proceedings per se constitutes embarrassment and, therefore, one must necessarily be stayed. That was a case where the accused was being ...above decisions that where civil and criminal proceedings with respect to the same matter are simultaneously going on one of those proceedings can be stayed if the court comes to the conclusion that the ...

...under Section 476. Held that the simultaneous prosecution of the present criminal proceedings and the civil suits will embarrass the accused and that the civil suits shou...A.I.R. 1954 S.C. 397 has laid down following principles regarding stay of proceedings : "As between the civil and the criminal...proceedings, the criminal matters should be given precedence. No hard and fast rule can be laid down but the possibility of conflicting decisions in the Civil and Criminal Courts is not a relevant...