Search Results Page

Search Results

1 - 10 of 23 (0.24 seconds)
Smt.Manisha vs Devendra Parmar on 14 August, 2018 cites

Smt.Manisha vs Devendra Parmar on 21 April, 2016

Thus, considering the allegations made against the applicants, this Court is of the considered opinion, that the complaint filed by the complainant, lacks the basic allegation of THE HIGH COURT OF MADHYA PRADESH 15 M.Cr.C. No.2636/2016 (Smt. Manisha and another Vs. Devendra Parmar) dishonest intention on the part of the applicants, right from the very inception of the agreement and secondly, even if the entire allegations are accepted, then it would give rise to a civil dispute and the same cannot be allowed to be converted into a criminal case and admittedly, the complainant has already filed a civil suit against the applicants before a Court of competent jurisdiction, which is pending.
Madhya Pradesh High Court Cites 0 - Cited by 2 - Full Document

G. Sagar Suri And Anr vs State Of Up. And Ors on 28 January, 2000

In G. Sagar Suri v. State of U.P. (2000) 2 SCC 636 this Court observed: (SCC p. 643, para 8) '8. ... It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice." 14. While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law. One positive step that can be taken by the courts, to curb unnecessary prosecutions and harassment of innocent parties, is to exercise their power under Section 250 CrPC more frequently, where they discern malice or frivolousness or ulterior motives on the part of the complainant. Be that as it may."
Supreme Court of India Cites 15 - Cited by 1136 - D P Wadhwa - Full Document

M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors on 20 July, 2006

In Indian Oil Corpn. v. NEPC India Ltd., (2006) 6 SCC 736, this court observed that civil liability cannot be converted into criminal liability and held as under:- "13. While on this issue, it is necessary to take notice of a growing tendency in business circles to convert purely civil disputes into criminal cases. This is obviously on account of a prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. Such a tendency is seen in several family disputes also, leading to irretrievable breakdown of marriages/families.
Supreme Court of India Cites 20 - Cited by 1578 - Full Document

Hridaya Rangan Pd. Verma And Ors vs State Of Bihar And Anr on 31 March, 2000

To mention a few--Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre (1988) 1 SCC 692, State of Haryana v. Bhajan Lal,1992 Supp (1) SCC 335; Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995) 6 SCC 194, Central Bureau of Investigation v. Duncans Agro Industries Ltd (1996) 5 SCC 591; State of Bihar v. Rajendra Agrawalla (1996) 8 SCC 164, Rajesh Bajaj v. State NCT of Delhi,(1999) 3 SCC 259; Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd(2000) 3 SCC 269 [pic]Hridaya Ranjan Prasad Verma v. State of Bihar (2000) 4 SCC 168, M. Krishnan v. Vijay Singh (2001) 8 SCC 645 and Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque( 2005) 1 SCC 122. The principles, relevant to our purpose are:
Supreme Court of India Cites 18 - Cited by 714 - D P Mohapatra - Full Document
1   2 3 Next