Family Settlement -- Receiving consideration by one party by stating to have no claim, right, title and interest over the property in question - Such a document is compulsorily registrable with appropriate stamp duty etc...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Settlement deed -- Non-examination of Scribe in Court - Deed of settlement not required to be attested by law - Hence, it is governed by S.72 of Evidence Act - Moreover, settlement deed has been proved by examining the witness to said deed - Even, plaintiff admits that parties are in exclusive possession of respective shares as per deed of settlement - Failure to examine..........
Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - It is permissible in law to quash FIR or final report only against one or some of accused on the ground of settlement, depending upon facts and circumstances of each case invoking S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, 34 -- Quashing of FIR - Cheating - Settlement was arrived at between complainant and petitioners alone - No settlement was arrived at with remaining accused - Dispute in question purely personal in nature - No public interest or harmony will be adversely affected by quashing proceedings..........
Agreement to sell -- Specific performance - Revoking written agreement by an oral agreement - Parties are brothers - Plaintiff himself admits of a settlement between the parties - Plaintiff did not take any action for a period of 16-1/2 years - An inference drawn that parties by oral agreement resolved their dispute - There is no statutory provision which debars a party..........
Family settlement -- Oral partition and thereafter putting it into writing for the purpose of information - Does not require to be compulsorily registered and stamp duty is not required to be compulsorily paid in respect of the same...........
