Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Should be in writing - It can be signed not only by party alone in person but by its Advocate also and a decree can be passed on the basis of such compromise...........
Civil Procedure Code, 1908, Section 151 -- Compromise decree - Setting aside - One of the defendants did not sign the compromise - It is fraud and misrepresentation practised on Court - Court which passed the decree has jurisdiction to recall its order...........
Lok Adalat -- Compromise - One party not agreeable to compromise - Lok Adalat stands stripped of its jurisdiction the moment one party expresses unwillingness to arrive at a compromise or settlement - In such event, only option open to Lok Adalat is to return case to Court concerned - Award passed by Lok Adalat in spite of protest made by party not willing for settlement,..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Offence u/ss 324 & 326 - Parties blood relations - Dispute mutually settled after the occurrence - Court satisfied that the respondents have effected compromise with the petitioners with their free will and not under coercion - Proceedings quashed...........
Compromise decree -- Suit challenging it on ground that it was obtained by misrepresentation and fraud - Held, suit is maintainable. (Civil Procedure Code, 1908, O.23.R.3-A)...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Medical negligence - Eye operation of complainant on 18.2.1993 and complaint filed alleging deficiency in service withdrawn unconditionally on 25.8.1995 after a compromise in which OP agreeing to render free professional service to the complainant - Vide letter dated 3.5.1996 OP refused to treat the patient -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposing of proforma defendant as plaintiff when plaintiff enters into compromise with contesting defendant - If proforma defendant has any cause of action independently then he can file suit against such defendant - But a suit, which has already been decided between the plaintiff and the defendant, cannot be reopened by..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 376, 363 -- Compromise - Keeping the interest of the girl in view who is stated to have already been engaged to be married to some other person, it would be in the interest of justice to put an end to the criminal proceedings...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Sought on the ground that the appellant has failed to comply with the terms of the compromise by not vacating the premises in question within the time stipulated - Not a tenable ground - Order cancelling bail set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Condonation - Act of cruelty is condoned prior to reunion and cohabitation - Court has to see the subsequent acts of cruelty and prior to the filing of the petition - However, if the acts of cruelty continue even after compromise and even during pendency of the proceedings then the sting of such prior and subsequent..........
