Indian Penal Code, 1860, Section 436, 341, 323, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 436, 341, 323 IPC - Compromise - Taking into consideration relationship of parties and factum of compromise between parties, sentence of imprisonment imposed on accused persons is modified to period already undergone by them - Accused acquitted...........
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..........
Succession Act, 1925, Section 276 -- Probate - A Court of probate is said to be Court of conscience which is not to be influenced by private arrangements of a party - Court will either grant probate or reject the same - There is no middle path for a happy compromise...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 294, 34 -- Quashing of proceedings - Compromise - Attempt to murder - High Court quashed proceedings solely on the basis of compromise without considering the fact that said offences are no, compoundable - Even, High Court not considered the relevant facts and circumstances of case, more..........
Legal Services Authorities Act, 1987, Section 21, Indian Contract Act, 1872, Section 17 -- Award of Lok Adalat - Plea of fraud by petitioner - When petitioner and her counsel signed the terms of compromise, then petitioner cannot resile from compromise and contend that it was obtained by fraud without producing any prima facie proof...........
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Compromise decree - Earlier suit was withdrawn as compromise arrived at between parties - For applying principle of res judicata lis should have been decided on merits - Since there was no judgment on merits, trial Court committed no error in rejecting application u/s 11 CPC - Subsequent suit not barred u/s 11 CPC...........
