settlement Archives | Page 2 of 3

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.”

Case Briefs Supreme Court

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

Case Briefs High Courts

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report

Case Briefs Supreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies

Bombay High Court: Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences

Case Briefs High Courts

Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs Supreme Court

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.

Case Briefs Supreme Court

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

Op Eds OP. ED.

Exploring Arbitration Claims through the Lens of Law of Limitation: A comprehensive analysis

by Tariq Khan†
Cite as: 2021 SCC OnLine Blog Exp 71

Case Briefs High Courts

Bom HC | Tendency of guaranteeing decision to come in favour of one party or other, amounts to maligning a particular Judge and at large, institution itself by giving an impression that justice can be bought

Bombay High Court: Bharati Dangre, J., addressed a matter wherein a mother was cheated of an amount Rs 16,50,000 by a man

Case Briefs High Courts

Ker HC | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

Kerala High Court: Shircy V., J., held that argument that now the victim of rape had attained majority and was living happily

Case Briefs High Courts

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

OP. ED.SCC Journal Section Archives

Section 7(4)(C) of the Arbitration and Conciliation Act, 1996 : Acquiesence by Silence?

by M. Dhyan Chinnappa† and Rohan Tigadi††

Case Briefs High Courts

Del HC | Does non-payment of stamp duty on a commercial contract invalidates arbitration agreement? Explained

Delhi High Court: Sanjeev Narula, J., decides a matter covering various aspects of the arbitration agreement. Instant petition under Section 11 of

Case Briefs High Courts

All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains

“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”

Case Briefs High Courts

Bom HC | Court refuses to quash FIR against rape accused despite settlement where victim’s consent to settlement appears coerced

Bombay High Court: A Division Bench of S.S. Shinde and V.G. Bisht, JJ. refused to quash the FIR and criminal proceedings against

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Notice issued to Financial Creditor for failing to reach settlement despite accepting settlement amount; filing of S. 7 IBC application with malicious intent to be considered

National Company Law Appellate Tribunal (NCLAT): The Coram comprising of Justice S.J. Mukhopadhaya, Chairperson and Alok Srivastava, Member (Technical), while deciding an

Business News News

Infosys to pay $800,000 to settle “misclassification of workers & tax fraud” dispute in California

Settlement of misclassification of workers & tax fraud dispute against Infosys As reported by PTI, “Infosys” has agreed to pay $800,000 (nearly

Case Briefs High Courts

All HC | Continuation of criminal proceedings not useful where chances of conviction are bleak and settlement arrived at between the parties

Allahabad High Court: Sanjay Kumar Singh, J. allowed the instant application in terms of compromise and quashed the chargesheet as well as