Habeas corpus -- Custody of minor child - Immediately after competent pediatrician pronounces with respect to there being no longer any requirement of minor infant becoming breast feed, thereupon each of combatants qua custody of infant boy, shall proceed to either draw a settlement, or a compromise in respect of his custody, or shall with utmost promptitude recourse..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband and wife lived together for 24 days after compromise arrived at between them - However, it was discovered that wife was carrying pregnancy of 40 days - Husband's left leg was fractured and he was not in sexual contact with wife during said period - It is thus, evident that wife..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff seeking to prove agreement to sell by way of secondary evidence - Earlier an application was filed by defendant asking plaintiff to produce original agreement to sell wherein plaintiff stated that original is not traceable and as and when it was traced, same would be produced - However, plaintiff now in..........
Service -- Cancellation of candidature - On the ground of suppression of information regarding registration of criminal cases - Three to four FIRs filed against petitioner culminating into criminal trials and in two cases he has been acquitted on the ground of compromise and in one case though convicted, he has been granted the benefit of Probation of Offenders Act - One..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Compromise - Quashing of proceedings - When the informant without any compulsion entered into compromise and wishes to drop criminal proceedings against accused, then overriding..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 452, 323, 324, 148, 149 -- Quashing of FIR - Compromise - Offence u/ss 307, 452, 323, 324, 148, 149 IPC - Matter has been compromised and complainant have no objection in case FIR is quashed - Statement of complainant and injured person have been made voluntarily without any fear, coercion or..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Compromise - Matter between parties has been settled and parties have decided to live in peace - FIR along with subsequent proceedings arising there from on basis of compromise quashed qua accused...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In non-compoundable cases where there is no chance of conviction and also there is no societal interest and parties have settled the matter between themselves, proceedings can be quashed...........