Partition suit -- Plea that plaintiff was dispossessed from property in the year 1957 - Since then defendant has been in exclusive possession and enjoyment of suit property paying property tax etc., with patta in his name - Held, with a view to putting an end to five decades old disputes between a sister and a brother, a reasonable settlement has been suggested -..........
Evidence Act, 1872, Section 115 -- Estoppel - Auction process never questioned - Rather bid accepted and at the same time put the uncalled for condition of accepting the same under protest - Held, there cannot be no turn around to challenge the bid to say that it should have been 15% of the reserved Jama/settlement for the previous year...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Quantum - Keeping in view the reduction in income of husband and that he is also required to look after his aged parents and that wife has professional qualification and has capacity to earn and also conduct of husband himself having offered Rs.12 lacs for settlement in 2012, amount of permanent alimony as granted..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement in Lok Adalat - Award passed - Substantial portion of award complied with - In backtrack of the settlement a party cannot proceed with prosecution - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - During pendency of revision petition, compromise took place between the parties and complainant has submitted settlement affidavit in that regard - Therefore, it is expedient to permit the parties to compound the criminal case at the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by special power of attorney holder - Maintainability - Attorney holder aware of entire transaction between complainant and accused, which is evident from the settlement agreement signed by both attorney holder and accused - Complaint by attorney holder, held, maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Settlement arrived at between parties in Supreme Court - Decree of divorce by mutual consent granted by setting aside decree of divorce granted by Family Court, as agreed between parties, by waiving cooling period - All civil and criminal litigation between parties quashed...........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Family settlement - Transfer of land in family settlement by consent decree, does not require registration and held to be valid...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of Cheque - Compounding of offence - Accused convicted for no, payment of cheque amount - However, as per settlement between parties, complainant agreed to accept the amount as agreed between parties towards full and final settlement of all dispute - Since accused deposited the entire amount agreed between..........
Orissa Estate Abolition Act, 1951, Section 3A, Shri Jagannath Temple Act, 1955, Section 30, 33 -- Settlement of land in favour of `Math' - Once a property is vested by an Act of Legislature to achieve laudable object, the same cannot be divested by enactment of any subsequent general law - Act will be defeated and interest of public at large will be affected - Thus,..........