Consent decree -- Family settlement by a Hindu female with her nephews (brothers sons) - Hindu female succeeded to half share of her husband in agricultural land after his death - She was absolute owner of said half share when she entered into family settlement with his nephews/defendants - Defendants being brother's son of female are not strangers to family - Consent..........
Civil Procedure Code, 1908, Section 151, 89 -- Private out of Court settlement - Refund of Court fee - Private out of Court settlement by parties during pendency of appeal - Appellant is entitled to refund of Court fee...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Family Settlement -- Unregistered - Xerox copy of unregistered family arrangement deed does not require stamp duty - Stamp duty can be collected only on original unregistered family arrangement...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Settlement - Objection by JD - If parties have settled their differences and executed agreement, satisfaction of decree has to be certified in the manner indicated U.O.21.R.2 CPC - In the absence of any certification of satisfaction of decree, JD cannot object execution of decree pointing out settlement between..........
Divorce by mutual consent -- Petition filed in pursuance of compromise by parties in mediation which was referred to in a pending proceedings and memorandum of settlement was recorded by Court - Thereafter wife cannot withdraw consent unilaterally - Held, once parties agree to file a joint petition, pursuant to an agreement/compromise in pending proceedings, then parties..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/s 377 IPC and S.4 of POCSO Act - Non compoundable offences - Amicable settlement - While exercising power u/s 482 Cr.P.C. to quash criminal proceedings for non compoundable offences on the basis of compromise,..........
Family settlement -- Oral family settlement is permissible...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left his company for about 5 years back and has never tried to return to her marital house to join company of husband - However, ingredients of animus deserendi on the part of wife are not proved - Rather it was husband who failed to bring her back to marital..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
