Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Suit for the reliefs sought challenging the compromise decree - Not maintainable - Court justified in rejecting the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Civil Procedure Code, 1908, Section 151, 152, 153, Order 23, Rule 1, 3 -- Proviso - Consent decree - Alteration/Modification of decree - Court in exercise of its inherent powers may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Indian Penal Code, 1860, Section 307, 336, 452, 148, 149, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of FIR - Compromise arrived at between parties - However, reasons mentioned for compromise are not valid reasons for entering into compromise - Complainant made statement on oath in which he simply stated that..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Compromise - Suit decided on the basis of compromise and parties were to remain bound by the compromise - Order amounts to decree as dispute between parties is settled and inter se rights have been decided on basis thereof...........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 3 -- Compromise - A party seeking to enforce terms of compromise must fully abide the terms thereof and cannot selectively get terms of compromise enforced...........
