Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 147, 504 -- Quashing of proceedings - Offence u/ss 323, 147, 504 IPC - Compromise arrived at between parties - Dispute in question is private dispute - Proceedings quashed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Compromise arrived at between parties in meditation but wife not adhered to the terms of compromise - Not a ground to deny maintenance pendente lite to wife...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Compromise decree -- Registration - Compromise decree beyond subject matter of suit in between family members - Does not require registration - The principle is based on the fact that family settlement only declares the rights which are already possessed by the parties. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Can be passed even if subject matter of agreement, compromise or satisfaction is not the same as subject matter of suit in terms of provisions of O.23.R.3 CPC...........
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..........
