Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Proper remedy to assail a decree on compromise is to file an application to recall order regarding compromise entered into between parties to suit - Fresh suit by one of parties to assail a compromise decree is not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........
Hindu Marriage Act, 1955, Section 25(1) -- Maintenance - Quantum - Mutual agreement for divorce and quantum of maintenance - Compromise decree passed - Held, even if agreement relating to quantum may be part of settlement but when the decree was passed on adopting the said settlement, it becomes the order u/s 25(1) of H.M.Act, 1955 - And where permanent alimony is not paid..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - Offence u/s 307 IPC is not compoundable - However, taking into consideration the totality of the entire facts and circumstances of the case, sentence reduced to already undergone...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506 -- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of intercourse by wife - Specific averment made by husband with regard to denial of intercourse by wife - However, said averment was not traversed by wife in her written statement - Even wife did not deny the fact that parties did not cohabitated as husband and wife after her return to matrimonial..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........
Civil Procedure Code, 1908, Section 47 -- Objections - Pre-mature execution - Compromise decree - Time for fulfilling obligation of decree was six months - Execution filed within six months - However, no actual proceeding of execution case is going to be performed before expiry of six months period from decree - Execution decided after six months and no failure of justice..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
