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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant does not have any objection to accept settled amount and further he is ready to forego costs to be imposed - Permission granted to compound the offence u/s 138 of the Act - Accused acquitted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Permanent alimony awarded to wife on basis of compromise - However, even if agreement relating to quantum may be a part of settlement but when decree is passed adopting said settlement it becomes order u/s 25(1) of the Act - Party will be entitled to have an enhancement of maintenance on changed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
