Search Results for "compromise and settlement"

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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 Bombay at Goa Dismisses Petition Challenging Administrative Tribunal's Refusal to Permit Compromise in Tenancy Proceedings — Tribunal's Order Upheld as Consent Terms Would Violate Agricultural Tenancy Act

The petitioner, Comunidade of Tivim, challenged an order of the Administrative Tribunal dated 13.4.2023 refusing permission to compromise tenancy proc...

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Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

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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...