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...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Where there is inconsistency in extract of consent decree, which is error on face of record as such same can be corrected by exercising inherent jurisdiction of Court, to bring it in conformity with intended compromise...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - High Court observed that First Appellate Court approached the matter incorrectly - High Court thus, ought to have either remanded matter or exercised its powers u/s 103 CPC and decided issues of fact - However, High Court decided appeal without any assessment of evidence on record in a single paragraph - Order..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Applications to be taken up for consideration along with final hearing of appeal...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual injunction - Concurrent findings of two Courts below on the aspect of possession of plaintiff to suit property - No perversity in such concurrent findings of fact - In a second appeal, it is not possible to re-evaluate or reassess evidence, as if it were a first appeal - This is certainly not a..........
