Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Scope of authority - Suit for specific performance - Power of attorney executed with respect to earlier agreement of 1993 and not with respect to agreement of 1995 - However, power of attorney holder entered into compromise and transferred 65% share of plaintiff to subsequent purchaser with regard to..........
Registration Act, 1908, Section 17(1)(b) -- Registration - Compromise decree - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered...........
Hindu Law -- Partition - Suit by daughter claiming share in property owned by father - Suit property being HUF properties stood owned by his three sons by virtue of compromise decree passed in 1976 - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered - Plaintiff being a..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Compromise - Quashing of FIR - Non-compoundable offences are basically an obstruction in entering into compromise - However, notwithstanding the fact that offence u/s 498-A IPC is a no, compoundable offence, there should be no impediment in quashing FIR u/s 498-A..........
Indian Penal Code, 1860, Section 498A, 406, 34 -- Offence u/ss 498-A, 406, 34 IPC - Compromise - Quashing of FIR - Matrimonial dispute mutually and amicably settled between parties - Continuation of proceedings arising out of FIR in question would be an exercise in futility - It is a fit case for Court to exercise its inherent jurisdiction - FIR quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence for which accused charged is not `stricto sensu' be termed to be an offence against State - Entire amount of compensation deposited by accused - Complainant is not interested to pursue the complaint and does not want to hold..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Remedy available is to approach the same Court which passed the compromise decree - Same cannot be done by separate suit which is barred in view of provisions of O.23.R.3-A CPC...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for setting aside compromise decree - Suit filed after three years from the date of accrual of cause of action in view of Art.59 of Act - Suit is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant admits factum of compromise and accorded his consent that he has no objection if conviction and sentence of accused is set aside - Conviction and sentence of accused set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 354B, 323, 436, 34 -- Compromise - Quashing of FIR - Offence u/ss 354-B, 323, 436, 34 IPC - Compromise arrived at between parties at the instance of respectables of village as both the parties are residents of same village - Complainant has no objection in quashing of FIR and other..........
