Supreme Court · 2013 INSC 293 · Decided 1 May 2013

Guru Granth Saheb Sthan Meerghat Vanaras v. Ved Prakash and ORS.

Court
Supreme Court of India
Citation
2013 INSC 293 · [2013] 5 S.C.R. 1042
Case number
CIVIL APPEAL No. 4166/2013
Decided
1 May 2013
Bench
RAJENDRA MAL LODHA, S.A. BOBDE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 40to43

Headnote

Evidence Act, 1872 - ss.40 to 43 - Simultaneous proceedings in Criminal as well as civil court between same C parties and in respect of same property - Stay of the proceedings in civil court, during pendency of the trial - Held: Grant of stay was not correct - Even in case of conflicting decisions courts, such an eventuality cannot be taken as a relevant consideration - In the facts of D the case also there is no likelihood of any embarrassment to defendants and the outcome of civil court will also not prejudice their defence in criminal case. Appellant filed FIR against respondent

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