Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - When suit is presented before competent civil Court after rejection of plaint and competent civil Court has initiated efforts for mediation and those have failed, after such failure realising the..........
Muslim Law -- Khula divorce - There are four different procedures/approaches undertaken in the case of a Khula divorce - Procedure 1 : Khula divorce envisages a private settlement where a person only needs to consult a Mufti of his/her school - Procedure 2 : Concept of Khula by women is the counterpart of Talaq by men in Muslim law - Procedure 3 : Khula may be invoked..........
