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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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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.

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...

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Bombay High Court Allows Quashing of Criminal Proceedings in Sexual Assault Case Based on Compromise Between Close Relatives. Inherent Powers Under Section 482 CrPC Exercised to Quash Non-Compoundable Offences Where Settlement is Genuine and Voluntary, Despite Recording of Evidence.

The applicant, Sheshrao Jadhav, was the sole accused in a criminal trial arising from Crime No. 696/2020 for offences under Sections 354, 354-A, 452, ...

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Supreme Court Quashes Convictions Under Section 326 IPC Based on Compromise Between Parties. Non-compoundable Offences Can Be Quashed Under Section 482 CrPC When Dispute is Private and Settled, Following Principles from Gian Singh and Laxmi Narayan Cases.

The Supreme Court considered two criminal appeals involving convictions under Section 326 of the Indian Penal Code, 1860, which is a non-compoundable ...