Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Civil Procedure Code, 1908, Order 23, Rule 1(4), Indian Contract Act, 1872, Section 101 -- Withdrawl of suit at appellate stage - Interest of power of attorney - When there is power of attorney who may have any interest under Contract Act then plaintiff has no independent right thereafter to compromise the disputes with defendants - Therefore, plaintiffs cannot withdraw..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Does not bind a party who remained ex parte - Compromise decree bind only the consenting party or signatory to the compromise...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of statutory period of 6 months - Compromise arrived at between parties - Cooling period of 6 months is not mandatory, thus waived - Marriage between parties dissolved by mutual consent with immediate effect in terms of compromise entered into between parties - They are now free to remarry...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - Both the parties are ad idem that they would like to divorce each other on the basis of mutual consent by entering into a compromise - They have been staying away from each other for many years - Marriage between parties held, dissolved u/s 13-B of the Act...........
Service -- Dismissal - Reinstatement - Dispute leading to conviction was essentially matrimonial in nature and was purely a personal dispute and had no connection with discharge of duties of petitioner - Disciplinary authority ought to have considered redeeming feature existing in favour of petitioner before taking harsh decision of dismissing him from service -..........
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..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Offence compounded - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non compliance of compromise terms - At the time of compromise accused not made aware of ramifications when his statement of compromise was recorded - Not fair to record conviction of accused solely on the basis of statement made towards compromise without giving him an opportunity for defending himself..........
