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Can one file civil + criminal case in same matter?

Page no : 2

Sachin Bhatia (Advocate)     24 January 2010

Yes you can file both under IPC for cheating and civil for recovery of money.

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vijay sahni (LAW PROFESSIONAL )     25 January 2010

Dear, under the law, a separate undertaking is to be furnished by the courier companies in favor of the Airline carrier “ on contents of material/consignment in transits “. The courier companies to safe guard themselves also takes the same undertaking from the consignor of the material/packet. But even after such undertakings all packets/consignment under courier in transits, are put to all security checks, before it is loaded in the airline carrier.

After understanding this basis formalities/procedures, please do as under:
Procure and see if the consignor had furnished such undertaking to your company or in favor of the Airline. In such undertaking the entire responsibility is of the consignor. Only in the case where the courrier company on behalf of the consignor furnishes such undertaking, then the responsibility rests with the courier company. 
In fact the courier company should have fined the consignor for taking undue advantage of the relationship and or not furnishing the required undertaking. Entire staff should protest against the decision and make the consignor liable for the loss. And even if things do not match up you, the staff can proceed for litigation against the decision of the courier company. (Employer)
Also Note: a) All consignments under transits by airline are insured for third party loss. b) Even after initial checking by the staff of the courier company, the consignment is again put to various security checks by specialized officials, before it is loaded in the Airline courier.   c) Procure a Notice/order copy of the notable agency that had ordered a penalty of Rupees twenty lacs against your company. d) than  consult your council

Sarvesh Kumar Sharma Advocate (Advocacy)     20 February 2010

you can file both simulteneously

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