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1 - 10 of 15 (0.81 seconds)Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 380 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 447 in The Indian Penal Code, 1860 [Entire Act]
Section 348 in The Indian Penal Code, 1860 [Entire Act]
M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors on 20 July, 2006
30. Additionally, in Indian Oil Corporation v. NEPC India Ltd.,
(2006) 6 SCC 736 the Hon'ble Supreme Court has said that, "A given set
of facts may make out a civil wrong as well as a criminal offense.
Merely because a remedy exists in civil law does not mean that a
criminal complaint cannot be maintained. However, if the dispute is
purely civil and does not disclose the ingredients of a criminal offense,
then criminal law should not be used as a tool for arm-twisting or
settling personal scores."
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
V.Y.Jose & Anr vs State Of Gujarat & Anr on 16 December, 2008
34. Similarly, for an offense under Section 447 IPC (criminal
trespass) to be established, there must be unlawful entry with the intent
to commit an offense. However, the records indicate that HPCL had an
existing tenancy over the premises and was exercising its contractual
rights established by the dealership agreement. The Hon'ble Supreme
Court in V.Y. Jose v. State of Gujarat, (2009) 3 SCC 78, has
categorically held that "criminal proceedings should not be used as an
instrument of coercion in disputes arising from contractual
relationships."