Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Where there is inconsistency in extract of consent decree, which is error on face of record as such same can be corrected by exercising inherent jurisdiction of Court, to bring it in conformity with intended compromise...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 336, 427 -- Quashing of FIR - Compromise - Offence u/ss 336, 427 IPC - Compromise arrived at between parties - Parties are next door neighbours - Parties patching up their differences and they have decided to live peacefully - No useful purpose would be served by continuation of trial - FIR along..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
Evidence Act, 1872, Section 45 -- Compact Disk (CD) - Sending CD to FSL for comparison - Divorce petition - Wife sought that CD be sent to FSL with file recorded in CD - CD contains a more elaborate recording of compromise meeting - Recording contained in CD given by husband to police is one of files in CD, which has already been subjected to forensic examination and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Complainant already received the amount of cheque and he does not want to pursue proceedings against accused - However, accused has not appeared before Court and has not taken effective steps to compound offence at initial stage - Compounding of offence would be permitted subject to payment..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Confirmed by Appellate Court - Revision against - Compromise during pendency of Revision - Accused paid entire amount to complainant as per compromise and there is nothing to recover from accused - Compromise has been filed which is taken on record - Conviction and sentence set aside -..........
Divorce by mutual consent -- Petition filed in pursuance of compromise by parties in mediation which was referred to in a pending proceedings and memorandum of settlement was recorded by Court - Thereafter wife cannot withdraw consent unilaterally - Held, once parties agree to file a joint petition, pursuant to an agreement/compromise in pending proceedings, then parties..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Petitioners sought leave to file additional written statement because they wants to file detailed reply to contradictory pleas between previous stand of defendants and subsequent compromise petition - However, without permitting petitioners to file additional written statement, real controversy..........
