Showing : 31-40 of 1026 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34-- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more particularly..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102-- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3- - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 320-- Compromise - Non-compoundable offence - Where dispute between parties predominantly or overwhelming seems to be of a civil nature and dispute is a private one between two private parties, even though offences alleged are no, compoundable, offences can be compounded...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Compromise decree -- Registration - Compromise decree between parties to the suit and subject matter of litigation - Does not require registration - Any decree or order of Court does not require registration unless it falls in the excepted category as specified in S.17(2)(vi) of Registration Act. (Registration Act,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 34-- Quashing of proceedings - Compromise - Offence u/ss 323, 324, 506, 34 IPC - Landlord-tenant dispute - Matter was settled in compromise between parties in presence of injured persons - Sum of Rs.25 lakhs was paid by accused - Landlord-tenant dispute between parties stood cleared/settled - Moreover,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8)-- Dishonour of cheque - Compromise - Complainant settled the matter with accused and to that effect they have filed a memorandum of understanding stating that they have amicably settled the matter - Conviction of accused set aside - Accused acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Informant clearly stated that A-5 and A-6 had come to residence of deceased and taken the deceased along with them on their motorcycle claiming that A-1 to A-4 had called him for a compromise in ongoing matrimonial dispute - Order summoning appellants as..........

Showing : 31-40 of 1026 Results