Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Bar U.O.23.R.3-A CPC is attracted if compromise on basis of which decree was passed was void or voidable, as agreement or compromise which is clearly void or voidable shall not be deemed to be lawful...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Party to a consent decree based on a compromise to challenge compromise decree on the ground that decree was not lawful, i.e it was void or voidable has to approach the same Court, which recorded compromise and a separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Compromise arrived at between parties and accordingly compromise decree was passed in 2009 - Plaintiffs are still fighting for execution of same - Original plaintiff and defendant already expired and their LRs are fighting for execution of decree - Plaintiffs have not agreed for giving any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Condonation of acts of cruelty - Mere filing of compromise petition does not amount to condonation of cruelty unless and until matrimonial life is restored...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife are living apart since 2011 - Various acts of cruelty both physical and mental as well as harassment meted out to husband have been spoken to in detail by husband - Nothing tangible has been brought out in cross-examination to discredit his testimony - Regular..........
