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Ram Lal vs Pyare Lal on 13 July, 2009 cites

Gupta Steel Industries vs M/S. Jolly Steel Industriespvt. Ltd. & ... on 23 September, 1996

8. Learned Senior Counsel appearing for the applicant-tenant relies on Gupta Steel Industries Vs. Jolly Steel Industries Pvt. Ltd. and another (1996) 11 SCC 678 that a Court cannot interfere with or modify the terms of compromise unless the parties agreed to the same. By directing eviction with a concomitant liability of a landlord to deposit Rs.1 lac is not according to me altering the terms of the compromise which the law interdicts. On the other hand, it is an attempt to bring the best meaning to the compromise.
Supreme Court of India Cites 0 - Cited by 15 - K Ramaswamy - Full Document

V.N. Sreedharan vs Bhaskaran on 1 November, 1985

The decision of the Kerala High Court in V.N. Sreedharan Vs. Bhaskaran AIR 1986 Kerala 49 was a decision where the Kerala High Court was actually casting a duty on Court to give effect to the terms of a compromise and it could never be taken to give rise to a particular meaning that makes it inexecutable. Far from R.A. No.58-CII of 2009 (O&M) -8- in C.R. No.5165 of 2002 supporting the contention of the learned Senior Counsel for the tenant, the Kerala High Court was laying stress on the executability as being one of the main incidences of decree whether it is a compromise decree or not. By the interpretation that the learned Senior Counsel wants to give to the terms of the compromise, he reinforces the inexecutability of the decree as the governing criterion.
Kerala High Court Cites 2 - Cited by 10 - Full Document

Salkia Businessmen'S Association vs Howrah Municipal Corporation & Ors. ... on 16 March, 2000

Salkia Businessmen's Association and others Vs. Howrah Municipal Corporation and others AIR 2001 SC 2970 was a case where the Hon'ble Supreme Court held that the Court should strictly enforce the terms and viewing breach of terms of compromise as matter of mere contract between parties and disregarding it would have disastrous effect on rule of law. The Executing Court directed Rs.1 lac to be deposited by the decree- holder before he could obtain eviction, thereby enforcing the terms of the contract and refusing to the decree-holder a scope to commit a breach in the manner sought for by him by contending that the terms for deposit was against public policy. This decision again re-enforces the fundamental principle that the parties cannot stay away from the terms of a compromise and make it wholly inexecutable unless the inexecutability itself is to be a result of non-compliance of some of the terms.
Calcutta High Court Cites 48 - Cited by 27 - S B Sinha - Full Document

K.C. Reddy vs Batcha Vasudevarao Naidu on 6 August, 1999

In K.C. Reddy Vs. Batcha Vasudeva Naidu 1999 AIHC 4540, the Andhra Pradesh High Court through a Single Bench dealt with a case of a money decree passed on a compromise and the defendant agreeing to part with the suit sum in satisfaction of the suit claim. The High Court dealt with the effect of non-payment of the amount within the time specified and the refusal of the Court to extend the time in such conditional decree. I have again pointed out above that if there was a conditional decree with the time as to deposit being a pre- condition, the Court's power to extend the time is simply unavailable. The power to enlarge the time, which is available under Section 148 of the Civil Procedure Code is only to the period at the time of passing of the decree. After the decree, the law itself lays down Order 20 Rule 11 (2) CPC that the Court will have no power to enlarge the time if the parties did not concede for the same. We are not confronted with the situation like what obtains in a conditional decree of payment within a particular period. There is no other clause in the compromise terms as to the effect of non-deposit within a particular time. It cannot, therefore, be not understood as conditional for obtaining eviction before any particular date.
Andhra HC (Pre-Telangana) Cites 2 - Cited by 2 - V Rao - Full Document
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