Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Matter has been settled and complete settlement amount has been repaid - Offence u/s 138 of the Act is compounded - Order declaring accused as proclaimed offender and FIR u/s 174-A IPC quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Plaintiff contended that one acre of land settled in his favour by his father and it was encroached by defendant - However, plaintiff failed to measure and identify the one acre of land gifted to him under settlement deed - Without doing the same, filing of suit by plaintiff by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement has been arrived at between complainants and 13 accused - Continuance of criminal proceedings would not be of any avail once the complainant has himself stated to withdraw the complaint - Their losses having been compensated, any further investigation or trial would be an exercise in..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Security Interest (Enforcement) Rules, 2002, Rule 8, 9 -- Auction sale - Setting aside - Notice - Respondent was entirely aware of auction notice - However, there is no proof that auction notice was served by appellant/Bank on respondent - Auction purchaser has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suppression of material facts by complainant - Liability qua both the cheques was settled through two separate RTGS bank transactions - One cheque was returned to accused in consequence of said RTGS settlement - However, said fact was withheld by complainant while filing the complaint - Even, said RTGS..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Settlement arrived at between parties - Complainant has signed the compromise deed accepting a particular amount in full and final settlement of default amount and fine amount awarded by trial Court - Proceedings u/s 138 of the Act quashed...........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - O.11.R.15 CPC prescribes a time limit for the purpose to inspect the document referred in the pleadings or affidavits and i.e at or before the settlement of issues - Inspection of documents thus, has to be completed by the time issues are settled and not later than that...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties arrived at a settlement before Lok Adalat in D.V proceedings and total maintenance of Rs.10,000 p.m fixed for wife and children - Husband not pleaded said settlement award same before Family Court in his counter to application u/s 24 of H.M Act - Since liberty was reserved by wife to claim..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
