Sikk HC | Handing out punishment is not the sole form of delivering justice; Court allows compromise
Sikkim High Court: Bhaskar Raj Pradhan, J. allowed the compromise to bury the difference between parties and gives them their lives as
compromise
Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers
“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”
Consent decree cannot be modified/ altered unless the mistake is a patent or obvious one: SC
Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that a consent decree cannot be modified/ altered unless
Will Delhi HC allow waiving off alleged offence of rape in view of compromise and subsequent marriage between complainant and accused? Read to know
Delhi High Court: Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation
Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court
Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of
Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court
In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.
Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement? Delhi HC unravels
Delhi High Court: Emphasizing on the gravity of seriousness of Section 307 Penal Code, 1860, Subramonium Prasad, J., observed that, “…an offence
Del HC | Any judicial system which does not provide finality to disputes, can never earn the trust, confidence and goodwill of the society: HC highlights ‘Consent Decree’ and ‘Lawful Compromise’
Litigants think that they can ‘hop on and hop off the case’ at any stage without any consequence using the slogan ‘pure justice’.
Chh HC | The term ‘compromise’ and ‘conciliation’ differentiated; In case mandate under S. 18(2) of MSME Development Act, 2006 is not followed strictly, proceeding under S. 18(3) of the Act is illegal
Chhattisgarh High Court: Rajendra Singh Samant J. allowed the appeal and directed to take up the proceeding for conciliation under Section 18
P&H HC | It is not only an abuse to process of law but also an attempt to overawe the authorities; HC imposes cost of 1 lakh for fake rape allegation
Punjab and Haryana Case: Harnaresh Singh Gill, J., dismissed the instant petition filed for issuance of directions to Police officials to hand
Megh HC | Whether a criminal proceeding involving non-compoundable offence can be set aside and quashed, all parties having reached a compromise? Court decides
Meghalaya High Court: W. Diengdoh, J., allowed a petition which was filed against the rejection order of the Chief Judicial Magistrate about
All HC | During his lifetime, tenant enters into compromise with landlord and enjoys benefits thereof. After such tenant’s demise, can his legal heirs challenge the compromise? HC uncovers legal position
Allahabad High Court: Vivek Kumar Birla, J., expressed: “…a party cannot be permitted to blow hot – blow cold, where he knowingly
Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes
Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well
All HC | Offences under Ss. 498-A IPC and 3/4 of Dowry Prohibition Act compounded in light of settlement between parties
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., addressed a matter with regard to the settlement of divorce proceedings. Parties in the present
Kar HC| Effect of compromise between complainant and accused in appeal reiterated; Appellant acquitted
Karnataka High Court: M.G. Uma, J., setting aside the conviction order by the fast track Court, allows compromise between the parties. The
Chh HC | In a matrimonial dispute, cause of action can arise several times, even if the dispute is settled and case has been withdrawn
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., while addressing a petition made an observation with regard to matrimonial disputes that, “…in a
Consent Orders- A Win-Win for all?
by Divya Arora*
Raj HC | Court allows compromise entered into by parties since offences under NI Act are compoundable offences
Rajasthan High Court: Vijay Bishnoi, J., allowed a criminal revision petition seeking to set aside judgments convicting the petitioner with regard to
Raj HC | Decree of Divorce granted in light of compromise arrived between the parties
Rajasthan High Court: The Division Bench comprising of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. allowed a decree of divorce which was