Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Signed by plaintiff, one of defendants and by counsel for plaintiff and defendants - Plea that compromise is not lawful as it was not signed by the parties but was signed by counsel for the parties not tenable in the absence of plea that act of counsel who signed the compromise was not authorised by them and/or..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Dishonour of cheque - Agreement entered into between parties in a mediation cannot be termed as evidence in a criminal matter unless it is accepted by parties thereto and terms of such agreement were put into effect by parties...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Withdrawal of suit - Recall of order - Court can invoke its inherent powers u/s 151 CPC and can set aside the order permitting withdrawal of suit if it is proved that the party had not given any instructions to his counsel to withdraw the suit or that there was no such settlement out of Court and that the party..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - There has to be strict compliance of the provision of O.23.R.3 CPC - One of the mandatory conditions is that Court should be satisfied that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties - Where no such agreement or compromise, in writing and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17.(2)(vi) -- Compromise decree - A decree on a compromise concerning property which is subject matter of suit or proceeding does not require registration...........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Consent decree - One party setting up compromise and the other party disputing it - Court passing decree after enquiry - Held, a decree which is passed on the basis of compromise based on enquiry is not a consent decree...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3, 3A -- Consent decree - Appeal thereagainst does not lie being barred u/s 96(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Until Court records compromise it has no validity - At the most, parties who resile from the alleged compromise, can be subjected to cross examination regarding such compromise...........
