Search Results for "Compromise deed"

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Search Results for "Compromise deed"

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High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

26 Jul 2022

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Dispute — Compromise Decree Bars Invocation of Arbitration Clause. Held that once a suit is decreed on compromise, the arbitration clause cannot be invoked for the same dispute, and the subsequent money suit based on the compromise is not covered by the arbitration agreement.

30 Jul 2019

The appellant, Zenith Drugs & Allied Agencies Pvt. Ltd., was appointed as a clearing and forwarding agent by M/s Rhone Poulene India Limited (RPIL) un...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

21 Jun 2019

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

29 Jun 2017

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

High Court

High Court of Karnataka Quashes Compromise Decree in Civil Suit Due to Fraud and Non-Compliance with Order XXIII Rule 3 CPC — Suit Restored for Hearing on Merits. The court held that a compromise decree obtained without a written and signed compromise and without the court recording satisfaction about its lawfulness is illegal and liable to be set aside under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

9 Jun 2015

The petitioner, Kasturevva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

High Court

High Court of Karnataka Sets Aside Lok Adalat Award in Partition Suit Due to Lack of Proper Consent. The court held that the award passed by the Lok Adalat under Section 21 of the Legal Services Authorities Act, 1987 must be based on a genuine compromise, and in its absence, the award is invalid and can be set aside under Articles 226 and 227 of the Constitution.

28 Apr 2015

The petitioners, Govardhana and Srinivasa, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set aside the awar...

High Court

High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

1 Apr 2015

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

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