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Vijay Kapoor (retired)     17 January 2010

Can one file civil + criminal case in same matter?

 I had paid for and purchased a flat from Chowgule Real Estate P. Ltd., Panjim, Goa.  Since there were a number of defects-deficiencies that included non-execution of Sale Deed, sale of area in excess of what is in sanctioned plans, I had file a case in the State Consumer Commission, where the matter is pending in its final satges of written arguements.

Is it legally permissable for me to file a criminal case also (so both civil + criminal cases exist simultaneously) on those issues that are criminal in nature?  If yes, is there some case law available?

Thank you.



Learning

 17 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 January 2010

you can file both simulteneously. grounds and issues will be deciding factor, whether civil or criminal

1 Like

Adv. Veerendra (advocate)     18 January 2010

why not ? surely.

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     18 January 2010

Definitely  you  can  file  both  Civil  &  Criminal   case. Consult  u'r   Lawyer   regarding    the  case  &   file   in  the   appropriate    Courts.

1 Like

aruntrivedi (lawyer)     18 January 2010

yes you can under IPC for cheating and civil for recovery of money paid to builder

1 Like

N.K.Assumi (Advocate)     18 January 2010

Yes agreed with the learned members.

1 Like

Shamsheer Pal Singh Dhillon (law associate)     18 January 2010

hi there, One cannot file a suit of same cause of action in two different petitions. The doctrine of RESJUDICATA would be attracted and the petition would be rejected.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 January 2010

Mr dhillon, is right, but if the cause of action is seperate then two diffrent suit is maintanable

1 Like

(Guest)
Yes. For the same of action civil and criminal case cann't be filed. Dhillon ji rightly suggested.
1 Like

aruntrivedi (lawyer)     18 January 2010

dhilnji is right

1 Like

vijay sahni (LAW PROFESSIONAL )     19 January 2010

Yes Dear, You can file & execute another case against the Builder.  It depends what sort of action you are demanding { compensation/refund/punishment etc }   consult your advocate on its implementation norms & nature.

1 Like

DALILUR RAHMAN (ADVOCATE)     19 January 2010

 Yes, I am also agreed with the Ld.members of our legal profession .

Dalilur Rahman ,Advocate.Assam 

sant (India)     20 January 2010

Hi
My Cousin is working for one of the courier company in India.His duty involves taking parcels and checking and sending it to the destination where it should go.He was working for the same courier company more than 10 years .But now a small mistake was made by him and his 2 other colouges not checking  one of the parcel packet which has some acid related liquid resulted in flames in the flight.The flight company has fined courier company 20 Lakh rupees.So courier company has forced that money payment from wages on the employees who were involved in not checking the parcel before delevering

sant (India)     20 January 2010

Hi
My Cousin is working for one of the courier company in India.His duty involves taking parcels and checking and sending it to the destination where it should go.He was working for the same courier company more than 10 years .But now a small mistake was made by him and his 2 other colouges not checking  one of the parcel packet which has some acid related liquid resulted in flames in the flight.The flight company has fined courier company 20 Lakh rupees.So courier company has forced that money repayment on the employees who were involved in not checking the parcel before delevering

sant (India)     20 January 2010

Hi
My Cousin is working for one of the courier company in India.His duty involves taking parcels and checking and sending it to the destination where it should go.He was working for the same courier company more than 10 years .But now a small mistake was made by him and his 2 other colouges not checking  one of the parcel packet which has some acid related liquid resulted in flames in the flight.The flight company has fined courier company 20 Lakh rupees.So courier company has forced that money on the employees who were involved in not checking the parcel before delevering.Can you please suggest what to do he earns only 6500 RS after tax and courier company i mean his employer asking him to repay 1lakh 50 thousand in 2 years time about RS 5000 a month


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