Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to giving of money for purpose of getting a case decided from a judicial officer is not a case of simplicitor financial dispute - FIR cannot be quashed merely on a basis of fact that matter is compromised and offence involved is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of FIR - Compromise - Cheating - Dispute pertaining to financial dispute simplicitor can be a ground for quashing of FIR based upon compromise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was given as security in view of compromise arrived at between parties - Complainant admitted that cheque was not issued in respect of any enforceable debt - Proceedings u/s 138 of the Act would be illegal - Complaint quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Suit for the reliefs sought challenging the compromise decree - Not maintainable - Court justified in rejecting the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
