Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement recorded - Plaintiff can withdraw that statement before dismissal of suit as withdrawn...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Lawful agreement - It is not necessary for Court to say in express terms that it was satisfied that compromise was a lawful one - There is presumption that Court was so satisfied unless contrary is proved...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Provision of O.23.R.3 CPC casts an obligation on Court to be satisfied that a suit has been adjusted wholly or in part by a lawful agreement or compromise in writing and signed by the parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Satisfaction of Court - Applications for accepting agreements - Clauses of agreement reproduced in verbatim - Affidavit in support of applicaitons - Sufficient material before the Court to hold that the suit had been adjusted - Not necessary for Court to say in extra terms that it is satisfied that the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Obligations cast on Court - (i) Satisfaction that the suit has been adjusted wholly or in part by lawful agreement or a compromise in writing and signed by the parties - (ii) Order recording the agreement - (iii) To pass decree in accordance with agreement or compromise...........
Registration Act, 1908, Section 17(1)(b), 17(2), Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree passed on the basis of family arrangement/agreement - Agreements merged in the decree of Court - Court decree exempt from registration...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Three agreements executed between the parties to resolve disputes - Terms and conditions of one agreement not conflicting with the terms and conditions of the other - Parties separately signed their respective agreements - Approached Court at different times in terms of their agreements - Not necessary for..........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- Proviso - Compromise decree - One party disputing it - Court adjudicating on the question whether there was a compromise or not - Decree thus passed by Court is not a compromise decree as such S.96(3) CPC is not applicable and the party aggrieved by such decree passed on a disputed compromise or on rejection of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - If creates right, title and interest for the first time then it requires compulsory registration...........
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Lessor alienated absolutely the right, title and interest in suit property in favour of lessee - By virtue of compromise decree right, title and interest was absolutely alienated, and created for the first time in favour of the lessees - Held, compromise decree..........