Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have amicably settled the dispute in National Lok Adalat, terms whereof have also been reduced into writing and signed by both the parties - Appeal against dismissal of divorce petition thus, decided in terms of compromise arrived at between parties - Compromise which was recorded in National Lok Adalat shall form..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties after rejection of appeal against conviction filed by petitioner - Cost of Rs.7.5% of cheque amount deserves to be imposed upon petitioner - Conviction and sentence set aside on the basis of compromise subject to deposition of cost as..........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
Custody of child -- Visitation rights - Mother creating hindrance during visits of father to his minor daughter - However, both the parties entered into Joint Compromise Memorandum - Visitation rights, granted to father in view of terms of settlement between parties...........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Compromise - Parties are brothers and belong to same family - Matter has been amicably settled between them - Sentence awarded to appellant reduced to period already undergone by them - However, fine amount remains same - Sum of Rs.10,000 is imposed as cost of proceedings...........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Wife refused to consent for divorce after withdrawing the amount deposited by husband in terms of compromise and also withdrew the fixed deposit - She cannot withdraw from application by saying that one part of application which is in her favour was entered into voluntarily while that which imposes obligation on..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise - When parties enter into a lawful compromise before a mediator, such settlement once reported and accepted by Court, carries binding force of a decree U.O.23 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued pursuant to a compromise arrived at in a dispute regarding agreement which is hit by S.23 of Contract Act, would not be considered as a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded at any stage of proceedings especially when parties have themselves arrived at a voluntary compromise...........
