Hindu Marriage Act, 1955, Section 13, 13B -- Divorce petition - Conversion into a petition for divorce by mutual consent - Parties not willing to live together - There is no possibility of rapprochement and parties have been living separately for considerable time - Compromise arrived at between parties - There is thus, no impediment in converting application u/s 13 of the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Award can be made only on compromise between parties - If parties do not arrive at a compromise or settlement, Lok Adalat is bound to remit back the matter to Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Minor - When a compromise decree is passed in a suit to which minor is a party, leave of Court is to be obtained before disposal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenged by third party - Third party who is not a party to compromise decree would not be entitled to file an independent suit questioning compromise on basis of which decree was passed - Remedy available to third party is to challenge decree by filing an appeal u/s 96(1) CPC with leave of appellate..........
