Indian Penal Code, 1860, Section 376 -- Reduction of sentence - Rape - Offence occurred 20 years ago - Compromise entered between victim and accused and case was closed - Both parties are married to different persons - Therefore, during existence of adequate and special reasons, lesser sentence can be awarded...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of..........
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..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 - - Refund of Court fee - Compromise - Whether the compromise is with the persuasion of Court or amongst the parties by themselves in terms of S.89 CPC or otherwise, invocation of provision of S.16 of Court Fee Act should be made in all cases so that settlement by way of alternative dispute resolution..........
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..........
Indian Penal Code, 1860, Section 307, 324, 326, 382, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 324, 326, 382, 147, 148, 149 IPC - Quashing of proceedings - Compromise arrived at between parties - Dispute amicably settled - Majority of eye witnesses turned hostile - There is very little possibility of petitioners being convicted for..........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Cruelty in connection with dowry demand and misappropriation of dowry articles - Proof - Maternal Uncle in no way can be held as beneficiary of demand of dowry as he was not residing in matrimonial home of parties - As per compromise deed it has been proved that husband and wife have taken away all articles from..........
Companies Act, 1956, Section 391, 394 -- Power to compromise - When all equity shareholders and unsecured creditors of petitioner companies have consented to scheme of Amalgamation, convening of meetings can be dispensed with - No secured creditor of the petitioner companies - Held, no meeting is required...........
Companies Act, 1956, Section 391(1) -- Compromise or arrangement - Need not be between all the creditors or all the members...........
Companies Act, 1956, Section 391, 392 -- Compromise or arrangement - Sanction - Scope and ambit of jurisdiction of Company court restated - Proposal approved by requisite majority vote of members and creditors is not enough - Procedural requirements including meetings statutorily contemplated must be complied with...........
