Search Results for "compromise order"

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Search Results for "compromise order"

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Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

High Court

High Court of Karnataka Quashes Compromise Decree in Lok Adalat Due to Fraud and Non-Compliance with Legal Formalities. Petitioner, not a party to the original suit, successfully challenges decree obtained by misrepresentation and without proper verification under Section 20 of the Legal Services Authorities Act, 1987.

18 Mar 2024

The petitioner, Smt. Pooja, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalabura...

High Court

High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society.

11 Sep 2019

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a m...

Supreme Court

Supreme Court Allows Restoration of Appeal Despite No Liberty Clause in Compromise Order — Restoration Held to be Statutory Right Under Order 23 Rule 3 CPC. The court held that a party cannot be deprived of the statutory right to seek restoration of an appeal after a compromise decree, even if the court's order expressly denies liberty to restore.

10 Dec 2024

The appellant, Navratan Lal Sharma, filed a suit for declaration and injunction against respondents Radha Mohan Sharma and others, alleging forgery of...

High Court

Bombay High Court Quashes Attempt to Murder Case Against Husband Based on Compromise Between Spouses — Inherent Powers Under Section 482 CrPC Invoked to Quash Non-Compoundable Offence in Matrimonial Dispute. The court held that where the complainant wife and accused husband have genuinely compromised and are living together, continuing prosecution for Section 307 IPC would be an abuse of process, and proceedings can be quashed to secure the ends of justice.

8 Aug 2011

The petitioner, Sau. Chandrabhagabai Nighut, the wife of respondent no.2, filed a criminal application under Sections 482 and 320 of the Code of Crimi...

High Court

High Court of Karnataka Quashes POCSO and Rape Proceedings on Compromise Between Accused and Victim's Mother — Offences Under Sections 376(2)(n), 506 IPC and Sections 5(L), 5(J)(II), 6 POCSO Act Quashed as Parties Settle Dispute, Court Holds That Compromise in Cases Where Victim and Accused Have Married and Are Living Happily Warrants Quash to Secure Their Future.

10 Jul 2024

The petitioner, Manjunatha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of proceeding...

High Court

High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

25 Aug 2021

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal.

25 Jun 2015

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 o...

Supreme Court

Supreme Court Upholds Decision That Compromise Decree in Lease Renewal Dispute Is Merely Declaratory. Direction to Vacate Held Ineffective; Lessor Cannot Unreasonably Withhold Consent for Renewal Under Original Lease Terms.

28 Oct 1969

The case arose from an execution proceeding concerning a compromise decree in a suit for ejectment of lessees of a cinema house known as Uttam Talkies...

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