Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC - Where party disputes being signatory to compromise or compromise decree is challenged on ground of fraud, undue influence or misrepresentation, bar stipulated u/s 96(3) CPC, would not come in way of filing an appeal - It is also open to such party to file a regular civil..........
Wakf Act, 1995, Section 64, 69 -- Muslim Law - Mutawalli - Suit filed by Respondents for declaration that office of mutawalli was vested with them by custom - Plea of appellants that mosque to be managed by elected committee as per compromise decree - Respondents through evidence clearly showing practice of continuous and invariable devolution of office of mutawalli..........
Indian Penal Code, 1860, Section 307, 324, 34 -- Attempt to murder - Conviction - Compromise during pendency of appeal - Permission cannot be granted to record compromise - However, compromise is a relevant circumstance while considering quantum of sentence - Seventeen months of imprisonment undergone out of five years imprisonment - Sentence reduced to already undergone -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Compromise between parties during pendency of appeal filed against dismissal of petition for dissolution of marriage - Parties amicably settled the matter and agreed for dissolution of marriage by mutual consent - Marriage dissolved between parties as per terms..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of compromise decree on the ground that the same was obtained by playing fraud - Wife rightly approached trial Court instead of filing an appeal thereagainst...........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Civil Procedure Code, 1908, Section 96, 151, Order 23, Rule 3A -- Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all purposes would be understood rendered by District Judge - Against order passed by him no appeal lies u/s 96 CPC before District Judge...........
