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..........
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..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Court is not obliged to pass a decree as soon as compromise is recorded - It is duty of Court to satisfy itself the legality of agreement, compromise or settlement in question...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 468, 471 -- Quashing of proceedings - Cheating - Compromise in civil Court - After availing benefit of said compromise, complainant cannot go back and reagitate the matter before another forum - Compromise includes all issues - Complainant cannot take a portion of the compromise which is..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, 338, 201, Motor Vehicles Act, 1988, Section 187, 181, 196 -- Quashing of FIR - Accident - Compromise arrived at between parties and is genuine - Complainant has no objection if FIR is quashed and accused is acquitted from charges framed against him - High Court has inherent power to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the pretext of compromise petitioner obtained favourable order from Court - Now he wants to disown the same - A person who tries to play with Court is to be strictly dealt with and serious action is required to be taken against such person - Complainant would be free to revive his complaint and all..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree on basis of compromise - Compromise made part of judgment - Decree not set aside by any Competent Court - Operation of decree not stayed by any Court - Decree is liable to be executed as J.D. has not honoured terms and condition of compromise - Objections raised by J.D. to bring on record..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree not held by any competent Court to be nullity - Decree not against any provisions of law or without jurisdiction - Objections rightly dismissed...........
