Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Not signed by one of the defendants - Cannot be enforced against a party to the proceedings who had not signed the same...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant's father himself had appeared and signed compromise application - Appeal against compromise decree is barred u/s 96(3) CPC - Under Order 43.R.1A(2) also the appeal is not maintainable...........
Civil Procedure Code, 1908, Section 46, Order 23, Rule 3A, 3B -- Compromise decree - Remedies thereagainst - Held, remedy available to a party to compromise decree to avoid such a consent decree is to approach the court, which recorded the compromise arrangement by making the necessary petition in the same proceedings - However, if a person is not a party to the compromise..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compounding of offence - Matter has been settled and a compromise petition was filed before lower appellate Court - Copy of receipt for having paid the entire cheque amount to complainant produced before this Court - Held, offence is compounded - Conviction and sentence of revision..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - It is found that compromise was entered without any pressure - Also complainant has no objection in quashing of FIR - FIR quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - False statement by advocate - Advocate of accused petitioners stated that they will enter into compromise with complainant party and he will submit compromise before this Court - Thereafter, new advocate put appearance for accused petitioners and made a statement at Bar that both parties i.e...........
Civil Procedure Code, 1908, Section 96(3), Order .43, Rule 1A(2) -- First appeal - Maintainability - Challenge to recording of compromise and to question of validity thereof while preferring an appeal against decree - Held, appeal is maintainable U.O.43.R.1 (A) (2) of CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Application for compromise - There was clear stipulation that parties will file a second application for compromise - No such application was filed subsequently - Only defendants No.4 & 5 filed an application stating that the terms and conditions have been fulfilled - Plaintiff and defendant No.1 & 2 always appeared before..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Compounding of offence - Petitioner suffered conviction and sentence on account of dishonor of cheque of amount of Rs 50, 000 - Compromise entered into between parties during pendency of revision under which petitioner paid full amount of cheque to complainant - Conviction set aside as offence u/s 138 NI Act is..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Defendant No.1 though a minor at the time of compromise entered into between "B" and defendant No.1, was represented by his mother - He never challenged said compromise within three years after attaining majority - Basing on the said compromise, Record of Rights has been prepared jointly in the name of..........
