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Results of compromise in appeal

Showing : 21-30 of 119 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compromise - After dismissal of appeal, accused has compromised the matter and compromise deed has been reduced into writing - Respondent/complainant received entire amount and he has no objection if revision petition is allowed - Order of conviction and sentence set..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 325, 367, 34 - - Voluntarily causing grievous hurt - Compounding of offence - At appellate stage - If parties entered into a compromise in a no, compoundable offence after they were convicted and in an appeal stage - Compromise not permissible - Hence, application for compounding of offence during appeal, rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860 -- Compromise during pendency of appeal filed against conviction - Complainant and injured having no objection in acquittal of accused from charges levelled against them, as they are not interested in pursuing the proceedings initiated against accused - Moreover, nothing is mentioned in the judgment of..........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 96(3) -- Appeal - Maintainability - When a decree passed is said to be on the basis of a compromise or consent and if it is legally not such a decree, there cannot be any prohibition, either u/s 96(3) CPC or otherwise, in challenging the correctness of decree before an appellate forum...........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Forum - Regular appeal, miscellaneous appeal and a separate suit is not maintainable to challenge a compromise decree - Only remedy available to an aggrieved person, who wants to challenge the compromise decree is to approach the very same Court, which passed the compromise..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Parties entered into compromise before Supreme Court and requesting to grant decree of divorce u/s 13-B of Act - Court declined to accept such request but allowed the parties to take recourse by filing petition for divorce by mutual consent u/s 13-B of Act - As parties are not residing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 308, 323, 34 -- Appeal from conviction - Non compoundable offences - Offences of accused proved - Compromise has been effected between the parties though the offences are non compoundable - Held, conviction of accused, proper - Sentence of accused reduced to period already undergone...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Res judicata - Will - Property in suit was given to Respondent no.1 and his wife - Compromise was effected between petitioner family, but petitioners was not the party to compromise - Plaintiff cannot be barred from filing fresh suit - Fact that petitioner was ex parte or had contested the suit, in no manner,..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recall of consent order - During pendency of appeal against eviction order, consent order passed whereunder tenant was to vacate after 15 months - Conduct of tenant's Advocate was not fraudulent as consent order was beneficial to tenant giving him additional 15 months stay in the tenanted premises and it cannot..........

Showing : 21-30 of 119 Results