Court Fees Act, 1870, Section 16 -- Refund of Court fee - Out of Court settlement - Second appeal was decided in terms of settlement out of Court and not on merits - Settlement in terms of which second appeal was decided by High Court is not on reference to any of authorities/fora i.e arbitration, conciliation, judicial settlement including through Lok Adalat or mediation..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Indian Penal Code, 1860, Section 468, 120B, 271, 465 -- Offence u/ss 468, 120-B, 271, 465 IPC - Appellant being a Development Officer of LIC was found guilty of being instrumental together with a co-convict, in obtaining settlement of two insurance claims by projecting the insured as dead although he was, in fact, alive - Evidence of insured to the effect that appellant..........
Concealment of material facts -- Previous litigation - Concealment of material facts regarding previous litigation with his father and settlement arrived therein - Dismissal of suit calls for no interference...........
Registration Act, 1908, Section 71, Tamil Nadu Registration Rules, 2000, Rule 55A -- Refusal to register document - Sub-Registrar cannot insist party to produce original parent document while registering a document - Impugned order refusing to register document quashed - Petitioner is directed to re-present the settlement deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of written statement - Amendment sought prior to settlement of issues - Proposed amendment mentioned plots lying in between two Survey plots - This would not even amount to introducing any new fact or causing prejudice to plaintiffs or could not be said to be malafide - Rather, amendment sought by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - Compromise - Offences under POCSO Act - When quashment sought for on the ground of settlement, when moved by defacto complainant or accused, prime consideration is whether there were materials to see commission of offences - If prosecution evidence would show prima facie materials to hold..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Ancestral property -- Suit property cannot be held to be an ancestral property, as the same was received by erstwhile owner by way of a family settlement, wherein, two brothers divided two equally measuring plots between themselves - Hence, property could not have been said to be delved on the father by virtue of him being a coparcener in that property...........
Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Settlement before DRT - Quashing of proceedings - Consent terms were submitted by parties before DRT - Bank had suffered losses to the tune of Rs 6.13 Crores approximately - Hence, a substantial injury was..........
