Civil Procedure Code, 1908, Order 23, Rule 3 -- Operation of compromise deed - Deed does not expressly specify the date of operation - The date is to be understood on perusal of the deed itself...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 3 -- Lawful agreement - Does not include an agreement vitiated by fraud, undue influence or coercion - Courts empowered to enquire these allegations...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 4 -- Advocates - authority to compromise has implied authority unless it has been taken away by the express terms in the power of attorney...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Ejectment suit - Consent decree - Execution thereof - Consent decree retains its character as a contract and a contract containing a penal provision is lawful. S.74 of the Contract Act provides while enforcing such a contract, the penal clause need not to be enforced - Penal provision to be decided on the basis of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit for specific performance - Plea possession missing in plaint - Compromise decree - Amendment of plaint in execution adding relief of possession - No trial of the suit necessary - Entitled to recover possession in execution...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 1M -- Compromise - Effected in Court - Parties making statements and signing them - No appeal lies under Order 43 Rule 1-M - Passing of formal order that compromise be recorded - Not necessary - Parties when disputing factum of compromise - Order by Court that either compromise be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Appeal - Compromise signed by counsel of respondent - Counsel duly authorised - Compromise is binding on the respondent...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Enquiry under the rule envisages two questions being examined, that is - (1) (a) whether there has been adjustment or compromise; (b) whether such adjustment or compromise of lawful and challenge on ground of undue influence, fraud, or misrepresentation make an agreement voidable and hot void and when a compromise is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree by consent is a judicial and not ministerial act. Recording of compromise is not purely a formal matter but a question of substance...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- An order which incorporates the terms of the compromise between the parties but runs counter to the public policy as envisaged in the statue, is void and can be challenged in collateral proceedings...........
