findings of a civil case applied in criminal case
Guest
(Querist) 28 December 2010
This query is : Resolved
Can judgment of a civil case have any binding over a criminal case in high court, as per law?
If such finding is produced before court, will us get an opportunity to counter the same?
Arvind Singh Chauhan
(Expert) 28 December 2010
decision of civil court binds criminal court.- AIC-2003(12)-SC-116-Para-15,23(3)
Decision of criminal court doesn’t bind civil court, but decision of civil court binds criminal court. C.L.J. 2005-Vol-5-S.C. 164.
Guest
(Querist) 28 December 2010
Have a look on expert's view given by Dr. V. N. Tripathi,(http://www.lawyersclubindia.com/experts/criminal-remedy-after-civil--140451.asp)
in a query posted by me under the heading
"Crminal remedy after civil"
Kindly refer full details of the citations/statues.
G. ARAVINTHAN
(Expert) 28 December 2010
Apex Court in many decisions stated that applicability of evidences in Civil cases can be used in criminal cases beyond reasonable doubt
Advocate. Arunagiri
(Expert) 29 December 2010
I differ:-
(2002)1 SCC 555 - Para 15 - Civil Court Injunction & Criminal Case
The nature and scope of civil and criminal proceedings and standard of proof required in both matters is different and distinct - civil proceedings can be decided on the basis of probabilities - the criminal case has to be decided by adopting the standard of proof of “beyond reasonable doubt”.
AIR 1954 SC 397 (Constitution Bench) – Civil & Criminal Cases
Para 15 We do not consider possibility of conflicting decisions in the civil and criminal courts is relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one binding on the other, or even relevant.
N.K.Assumi
(Expert) 29 December 2010
I have doubt on this issue based on the recent decision of the Apex Court where it held that evidence in criminal proceedings is based on beyond reasonable doubt' and not one of civil procedure where the matter was one only of 'preponderance of probabilities: ‘Proof’ means the effect of the evidence adduced in the case. Judged by the standard of prudent man, in the light of the nature of onus cast by law, the probative effect of evidence in civil and criminal proceedings is markedly different. The same evidence which may be sufficient to regard a fact as proved in a civil suit, may be considered insufficient for a conviction in a criminal action. While in the former, a mere preponderance of probability may constitute an adequate basis of decision, in the latter a far higher degree of assurance and judicial certitude is requisite for a conviction. The same is largely true about proof of a charge of corrupt practice, which cannot be established by a mere balance of probabilities and, if, after giving due consideration and effect to the totality of the evidence and circumstances of the case, the mind of the Court is left rocking with reasonable doubt - not being the doubt of a timid, fickle or vacillating mind - as to the veracity of the charge, it must hold the same as not proved”.
Ajay Bansal
(Expert) 29 December 2010
I AGREE WITH YOU.
Guest
(Querist) 29 December 2010
Thanks to all members. Mr. N.K.Assumi, Kindly provide details of citation.
Guest
(Querist) 29 December 2010
Mr. Shrigopal the matter is vice versa, If a person is acquited in a departmental inquiry.Does it has any binding effect on the case pending for taking bribe ?
