Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 90 -- Compromise- Refund of Court fee - Court fees can be refunded to parties where compromise/settlement takes place even outside Court - Both the parties allowed refund of their respective Court fees affixed before trial Court, lower Appellate Court and High Court in second appeal...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Eviction petition -- Payment of mesne profit - Compromise - Tenant has agreed to vacate tenanted premises and parties are agreed that liability to pay mesne profits would be to extent of only 60%, as had been directed by Court - Said payment is only to made till 31.03.2020 and landlord has agreed to waive off amount subsequent thereafter - Parties agreed to stand by..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of charge sheet - Compromise - Kidnapping - Victim was major at the time of incident - Accused and victim solemnized marriage and they have two kids from their wedlock - Offence alleged against accused are of private in nature and have no serious impact on society - Compromise..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471 -- Quashing of proceedings - Compromise - Cheating - Family dispute between parties - Parties have arrived at a compromise - Wrong is of private and personal in nature have no impact on society - Proceedings quashed...........
Rajasthan Rent Control Act, 2001, Section 22, Civil Procedure Code, 1908, Section 47 -- Rent and eviction - Objection as to executability of compromise certificate on ground of unfit mental state - Dismissal of application - Tenant entered into compromise with landlord agreeing for his eviction from suit shop on condition of wavier if arrears of rent - Medical certificate..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
