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SAT NARAIN & ORS. versus SHAKILA & ORS.

High Court of Punjab and Haryana, Chandigarh

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SAT NARAIN & Ors. v. SHAKILA & Ors. - CR-5760-2005 [2006] RD-P&H 12 (4 January 2006)

C.R. No. 5760 of 2005. (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.R. No. 5760 of 2005.

Date of Decision: 23.1.2006.

Sat Narain & others. Appellant.

Versus

Shakila and others. Respondent.

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Shri L.S. Sandhu, Advocate,

for the petitioners.

JUDGMENT

The defendants are in revision aggrieved against the order passed by the learned trial Court, whereby application of the petitioners to stay the suit for damages on the ground that criminal appeal arising out of the conviction of the petitioners is pending before this Court, was dismissed.

The plaintiffs have sought damages on account of causing a death at the hands of the defendants. It is well settled law that criminal proceedings are not relevant for determining the amount of compensation, C.R. No. 5760 of 2005. (2)

if any, payable to the claimants. Only the fact that there is a criminal case which results into conviction or acquittal, is a relevant fact, which shall be taken into consideration by the Civil Court while deciding the suit on the basis of evidence led.

No case for staying of suit is made out. The order passed by the learned trial Court cannot be said to be suffering from any patent illegality or irregularity which may warrant interference in exercise of revisional jurisdiction of this Court. Hence, the present revision petition is dismissed.

23.1.2006 (Hemant Gupta)

ds Judge

C.R. No. 5760 of 2005. (3)

C.R.No. of

Present: Shri , Advocate,

for the petitioner.

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ds Judge

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C.R. No. 5760 of 2005. (34)

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C.R. No. 5760 of 2005. (36)

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23.1.2006 (Hemant Gupta)

ds Judge

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ds Judge

C.R. No. 5760 of 2005. (38)

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Present: Shri , Advocate,

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23.1.2006 (Hemant Gupta)

ds Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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