Insolvency and Bankruptcy Code, 2016, Section 12A, 7 -- Withdrawal of Corporate Insolvency Resolution Process (CIRP) proceedings - Settlement - Where out of 128 home buyers, 82 home buyers will get the possession within a period of one year as undertaken by appellant and Corporate debtor coupled with the fact that applicants have also settled the dispute with Corporate..........
Industrial Disputes Act, 1947, Section 33(C)(2) -- Scope - In an application u/s 33(C)(2) of the Act, Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of claim of workmen - It can only interpret the award or settlement on which the claim is based - Labour Court's jurisdiction u/s 33(C)(2) of the Act is like that of an executing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Anticipatory bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Complainant alleged that accused and his mother-in-law has forged his signatures and signed his resignation letter as a director of their company - Anticipatory bail are arising out of a matrimonial..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Accused and prosecutrix lived together for a considerable while and a child was born as a result of said relationship - Allegation against accused is that he duped her by misrepresenting to her that he is divorced - Parties were referred to mediation and a settlement was arrived at between parties limited to..........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Withdrawal of appeal pursuant to an amicable settlement of dispute arrived at between parties outside Court without getting matter referred to alternative dispute resolution forum as contemplated u/s 89 CPC - Appellants are entitled to refund of Court fee...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Settlement agreement - Dispute between parties stands amicably resolved with settlement agreement - Essential terms of first agreement executed between parties are retained by parties and rather they have also partly acted upon the same - Decree of divorce by mutual consent granted in terms of settlement..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
