Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Parties amicably settled their dispute - Memorandum of settlement is on record - Parties directed to abide by terms and conditions as contained in said Memorandum of Settlement - Conviction and sentence of accused set aside...........
Transfer of Property Act, 1882, Section 19 -- Vested interest - Will - Compromise agreement - Settlement deed in respect of suit property owned by owner and his wife has not created any vested right in praesenti including any right in the form of right which could be enforced in future - Even, wife has ownership right in suit property which she has acquired upon death of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of order restraining mother-i, law dispossessing daughter in law - During pendency of petition parties compromised - In terms of compromise entire sum agreed paid by petitioner and possession of premises handed over to petitioner - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 482, 145, 146 -- Quashing of order - Proceedings u/ss 145, 146 Cr.P.C. - Receiver took the possession of 30 shops in concerned market - Compromise arrived at between parties - Recovery memo reveals that property ought to have been released in favour of person from whom possession thereof was taken - But, without due application of..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 469, 471 -- Matrimonial dispute - Compromise - Amicable settlement arrived at between parties not only separating from each other but also to settle all other ancillary litigation pending between parties - Even though some of criminal cases between parties are in respect of no, compoundable offences, however, High Court..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 467, 468 -- Compromise - Offence u/ss 420, 467, 468 IPC - Offences are no, compoundable in nature - Serious allegation of impersonation and fake appointment order were mentioned in FIR - It was such a case which cannot be quashed by High Court - Impugned order of High Court quashing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 436, 34 -- Quashing of FIR - Offence u/ss 436, 34 IPC - Compromise arrived inter se parties - Court while exercising power vested in it u/s 482 Cr.P.C., deems, it fit to accept prayer made by counsel representing the accused - Offence compounded - Conviction and sentence set aside - FIR quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise - First motion statement on behalf of husband has already been recorded and recording of second motion statement is rejected by trial Court without recording any reason as it was to be recorded by Special Power of Attorney of husband - Wife has no objection in case statement of Special Power of..........
