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Case of theft by the landlord stolen our machines from our factory


12-Aug-2023 (In Criminal Law)
If the complainent files Civil case in case of theft of their articles agaist the criminal(thief). What will be the loss in case case complainent loses the cases against the criminal . I have heard if the complainent fails to win the Civil case , complainent has to bear the legal fees of the opposite party (i;e the one who did the theft) Please advise up to what extent it is true !
Answers (3)

Answer #1
634 votes
Yes the litigation charges are levied on the parties who lose the case and are to be provided to the opposite party. But if theft has occurred then you should go for registering an FIR against the culprits under section 379 IPC. Criminal matters are little quicker as compared to civil litigations. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
994 votes
Firstly, it is imperative to institute a criminal suit in cases involving theft, as opposed to a civil suit. Secondly, when instituting a civil suit, it is incumbent upon the plaintiff to remit a stipulated sum of court fees to the court. Upon prevailing in said suit, the court shall reimburse the plaintiff for the aforementioned fees. In the eventuality of an adverse judgment, the plaintiff shall not be liable for the legal costs of the opposing party, unless expressly directed by the court.
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Advocate Rishi Didwania

Adv. Rishi Didwania

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Answer #3
617 votes
It depends on case to case basis of court is inclined to order payment of legal fee of defendant upon plaintiff. Even if court orders payment of legal fee by plaintiff, the legal fee is a nominal amount. Should you have any queries feel free to contact me
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Advocate Kunal Seth

Adv. Kunal Seth

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