Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Fact of compromise sought to be introduced by way of amendment - Parties entered into compromise in regard to the subject matter of appeal preferred against another suit pending in between the parties and also the subject matter of the present suit - Proposed amendment is based on the same set of facts..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise decree - Ambit and scope of O.23.Rr.1, 3 - Ambit and scope of O.23.R.1 and O.23.R.3 is different - Whereas under former, Court has to deal with plaintiff alone, under latter it has to deal with both parties, i.e. plaintiff and defendant - Hence, before recording a compromise, Court must find out whether there is..........
Civil Procedure Code, 1908, Section 96(3), Civil Procedure Code, 1908, Section 96(3), Order 22, Rule 3 - - Compromise decree - Appeal against - Maintainability - Held, when on a dispute as regards legality and validity of a compromise being raised, an inquiry is made in view of proviso to O.23.R.3 of the Code and suit is decreed on basis of a compromise based on that..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Genuineness and legality - Application for compromise duly signed by parties and their respective counsel - Civil Judge, after being satisfied with genuineness and legality of settlement, passed an order recording compromise - Contents of compromise containing terms of settlement were read over before..........
Civil Procedure Code, 1908, Order 23, Rule 3, Indian Contract Act, 1872, Section 23 -- Compromise - Genuineness and legality - It has not been pleaded that compromise is forbidden by law or that compromise, if allowed, would defeat provision of any law, or is fraudulent or otherwise - Held, no case has been made out to bring compromise even within S.23 of the Contract Act..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
Service -- Appointment - Police force - Acquittal in a criminal case on the basis of compromise or settlement - Held, in order to maintain integrity and high standard of police force, the Screening Committee may decline to take cognizance of a compromise, if it appears to it to be dubious - Screening Committee cannot be faulted for that...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Conviction - Reduction of sentence - Validity - Accused did not challenge conviction before High Court but only prayed for reduction of sentence in view of compromise arrived at between parties - Held, in view of the fact that offence charged u/s.326 is non compoundable and also in the light of serious nature of..........
