Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Recall - Premises vacated on receipt of Rs.7.50 lacs - Respondent however seeking recall of consent decree on the plea that consent was obtained under duress and coercion - Respondent alleged to be forcibly evicted on 24.12.1997 and consent terms signed on 29.12.1997 - If respondent was forcibly evicted on..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction- Reduction in sentence - Parties entered into compromise - Incident 14 years old - Accused was 21 years of age at that time & prosecutrix was 16 years of age - Sentence reduced from seven years to already undergone (6 months) - Fine enhanced from Rs.250/- to Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recalling of process order - Plea that complainant received all amounts due and acknowledged by issuance of receipt after a compromise - Points urged are matters to be decided during trial - Revision dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recorded in police station during pendency of suit - Suit cannot be disposed of except by recording compromise and that too by following the procedure, and recording the satisfaction, contemplated by O.23.R.3 CPC...........
Criminal Procedure Code, 1973, Section 320 -- Indian Penal Code, 1860 Sections 307 & 308 - Attempt to Murder - Compounding of offence - Injury with gun shot - Ocular evidence fully supported by medical evidence - Witnesses had no reason to involve an innocent person and let go the real culprit - Matter reported to the police at the earliest - Order of acquittal, set aside..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Can dispose of a matter by way of a compromise or settlement between the parties - Compromise means settlement of differences by mutual concessions - It is an agreement reached by adjustment of conflicting or opposing claims by reciprocal modification of demands - The word 'compromise' implies some element of..........
Hindu Marriage Act, 1955, Section 13 -- Marriage - Dissolution before Panchayat - Marriage can be dissolved by a decree of divorce by the Court and not in any proceedings before the Panchayat and wife is not bound by the compromise unless of course she herself consents to the same and gives her consent in proceedings seeking divorce before the matrimonial Court...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 325, 326, 34 -- Compromise in non compoundable offence - Permission to compound offence punishable u/s 326 IPC rightly refused by High Court - However, sentence reduced to already undergone keeping in view that incident is 10 years old and appellant has undergone several months imprisonment - Fine..........
Civil Procedure Code, 1908, Section 141, Order 23, Rule 3, Constitution of India, 1950, Article 226 -- Consent decree - Challenge thereto - Objection regarding having not been signed - Not Written - Memorandum of compromise was issued by Govt. at instance of Commissioner of endowment and same was accepted by plaintiff - At no point of time it was averred that Advocate..........
Civil Procedure Code, 1908, Order 21, Rule 2(2) -- Eviction decree - Execution - Fresh lease during pendency of execution outside Court - Fresh least amounts to adjustment or satisfaction of decree - Application for recording of compromise must be made within 30 days of execution of fresh lease - In absence of recording of compromise, landlord is entitled to have decree..........
