Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of acts of cruelty - Mere filing of compromise petition does not amount to condonation of cruelty unless and until matrimonial life is restored...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife are living apart since 2011 - Various acts of cruelty both physical and mental as well as harassment meted out to husband have been spoken to in detail by husband - Nothing tangible has been brought out in cross-examination to discredit his testimony - Regular..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant does not have any objection to accept settled amount and further he is ready to forego costs to be imposed - Permission granted to compound the offence u/s 138 of the Act - Accused acquitted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Permanent alimony awarded to wife on basis of compromise - However, even if agreement relating to quantum may be a part of settlement but when decree is passed adopting said settlement it becomes order u/s 25(1) of the Act - Party will be entitled to have an enhancement of maintenance on changed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail conditions - Directions issued to Courts viz : (i) bail conditions should not mandate, require or permit contact between accused and victim - Such conditions should seek to protect complainant from any further harassment by accused; (ii) where circumstances exists for Court to believe that there might be a potential..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Offence u/ss 5(1), 6 of the Act - Offence committed under POCSO Act is not compoundable offence, as once victim gave complaint that accused has committed offence and case has been registered, it is offence against State, therefore, subsequent compromise will not take away the offence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 451, 506 -- Quashing of FIR - Rape - Compromise arrived at between parties - Parties got married with each other - Victim endorsed the compromise arrived at with accused and now they are living happily under one roof - FIR quashed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Evidence Act, 1872, Section 126, Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning as a witness of erstwhile lawyer of predecessor-in-interest of defendant - Factual information sought from erstwhile lawyer with regard to an alleged compromise between parties and/or whether said lawyer ever witnessed any such compromise and/or whether his client entered into..........
