Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Testimony of only official witnesses were relied upon by prosecution and no independent corroboration was sought by prosecution for proving factum of accused suffering disclosure statements and getting recovered articles - More so, ownership of various articles stolen is not proved to be that of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 467, 468, 471, 120B -- Quashing of proceedings - Offences u/ss 467, 468, 471, 120-B IPC - Compromise between parties - No possibility of conviction of accused - Held, once disputes are settled by mutual compromise, then no useful purpose would be served by keeping the criminal proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Non-compoundable offence - Court while exercising its inherent jurisdiction u/s 482 Cr.P.C can quash proceedings even qua non-compoundable offences...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Compromise arrived at between parties - Dispute has been amicably resolved - FIR along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
Rent and Eviction -- Where protection of Rent Act is available, no eviction can be ordered unless ground seeking eviction is made out, even if parties enter into compromise - Invalidity on that count can even be raised in execution...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - In order to thwart execution of compromise decree, JD is required to make out a case that compromise decree is vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Compromise Second appeal disposed of affecting rights of parties in light of compromise - High Court did not examine plea of appellants properly keeping in view the facts alleged in application and while negating attack and observed that appellants are free to take recourse to any other legal remedies - Since..........
