Search Results for "amicable settlement"

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Divorce Granted Due to Breach of Settlement Agreement in Matrimonial Dispute. Irretrievable breakdown of marriage leads to divorce decree as petitioner-wife reneges on settlement terms, court invokes Article 142.

Settlement Agreement Recalcitrance in Matrimonial Proceedings Hindu Marriage Act, 1955; Article 142 of the Constitution of India 1. Background: The...

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Bombay High Court Quashes Cross FIRs in Assault Case Following Amicable Settlement Between Parties. Court Holds That Where Dispute Is Personal and Parties Have Genuinely Settled, FIRs for Offences Under Sections 307, 324, 143, 144, 147, 149 IPC Can Be Quashed to Secure Ends of Justice.

The judgment concerns two cross criminal writ petitions filed before the Bombay High Court under Article 226 of the Constitution of India. The petitio...

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Bombay High Court Dismisses Petition Challenging Rejection of Discharge Application in CBI Bank Fraud Case — Petitioner Failed to Make Out a Case for Discharge Under Section 227 CrPC as Prima Facie Evidence of Conspiracy and Fraud Existed.

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 29 Januar...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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Gujarat High Court Allows Writ Petition for Temporary Status and Benefits to Ad Hoc Junior Engineers. Kandla Port Trust directed to grant temporary status and consequential benefits including arrears, provident fund, pension, leave, and allowances from 08.08.2005 to 19.04.2012.

The petitioners, four individuals, were initially appointed as ad hoc Junior Engineers (Civil) by the Kandla Port Trust between 1998 and 2000 after fo...

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Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...