TaxTMI 
TaxTMI 
1994 (10) TMI 331
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....f the provisions as contained in Section 14(3)(b) of the Arms Act and suspending the licence during the pendency of cancellation proceeding with immediate effect. 2. In Cr.W.J.C. No. 418/94 the petitioner has challenged the order dt. 19-3-94 passed by the Commissioner, Purnea Division, Purnea, in Arms Appeal No. 12 of 1993-94, affirming the order dt. 10-7-1994 of the District Magistrate, Purnea, in Case No. 42/93, by which the petitioner licence granted under the Arms Act to hold pistol has been suspended. 3. The only question for determination is as to whether these two applications are maintainable as criminal writ jurisdiction cases or not. 4. Learned counsel for the petitioners and the State were heard on the aforesaid point and the ....
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.... Civil Writ jurisdiction Cases (C.W.J.C.) and Criminal Writ Jurisdiction Cases (Cr.W.J.C.), as the case may be. Thus, the Rules provide only that the applications filed under Article 226 shall be classified in two categories, i.e., civil writ jurisdiction case and criminal writ jurisdiction case. In what cases civil writ jurisdiction case should be filed and in what cases criminal writ jurisdiction case has to be filed is not mentioned in the Rules for the simple reason that it is neither possible nor desirable to classify all the cases which come before this Court in the aforesaid two categories. The question is as to whether the particular case falls under the category of C. W.J.C. or under the category of Cr.W.J.C. depends upon the natur....
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....hich a party assets the existence of civil right conferred by the civil law or by statute, and claims relief for breach thereof. A criminal proceeding on the other hand is ordinarily one in which if carried to its conclusion it may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. It also includes proceedings in which in the larger interest of the State, orders to prevent apprehended breach of the peace, orders to bind down persons who are a danger to the maintenance of peace and order, or orders aimed at preventing vagrancy are contemplated to be passed. But the whole area of proceedings, which reach the High Courts is not exhausted by classifying the proceedings as civil and criminal. There....
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.... the alleged infringement of his civil rights against another person or the State, and which if' the claim is proved would result in the declaration express or implied of the right claimed and relief such as payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status etc. (Underlines are mine) 8. Thus, from the aforesaid decision, it is clear that though the civil and criminal proceedings are not defined, there is a clear cut distinction between the two proceedings. A criminal proceeding is ordinarily one in which it carried to its conclusion it may result in the imposition of sentences; such as death; imprisonment, fine or forfeiture of property. A criminal proceeding....
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....uasi-judicial one. Elaborate procedure provided for criminal trial or proceeding is not provided under the ACT. Sub-section (7) of Section 17 contains a provision authorising a court convicting a holder of the licence for an offence under the Arms Act and Rules to suspend or revoke the licence. The suspension or revocation or cancellation are of two types; one passed by the authority under the Act and the other passed by the court at the time of convicting the holder of the licence. In the former case order is passed in a civil proceeding; whereas, in the latter case order is passed in a criminal proceeding. Thus, the proceeding for suspension or revocation of licence is a civil proceeding. By the cancellation or suspension of the licence, ....