Search Results for "Compromise deed"

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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High Court of Karnataka Dismisses Petition Challenging Compromise Decree in Partition Suit — Petitioners Failed to Prove Fraud or Misrepresentation. Challenge to Compromise Decree Under Order XXII Rule 3 CPC Dismissed as Not Maintainable and Time-Barred.

The petitioners, Sri Shivarudrappa and Sri S. Somashekar, were defendants No.1 and 3 in O.S.No.24/2011, a suit for partition filed by the respondent, ...

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High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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Supreme Court Allows Appeal in Property Dispute Over Compromise Decree Validity — Oral Statements Not Sufficient to Transfer Ownership Under Order XXIII Rule 3 CPC. Sale Deed Executed During Pendency of Appeal Remains Valid and Not Affected by Subsequent Dismissal of Suit.

The case involves a property dispute arising from two rounds of litigation. In the first round, Mansha Ram and others (plaintiffs) filed a suit for de...

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High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

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Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...