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1 - 10 of 13 (1.69 seconds)The Notaries Act, 1952
Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Section 15 in The Notaries Act, 1952 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Kalyanji Dhana vs Dharamsi Dhana And Co. on 23 November, 1934
Secondly, the Bombay High Court appears to have taken a different view in the case of Kalyanji Dhana v. Dharamsi Dhana & Co., reported in AIR 1935 Bombay, 303. In this case, Broomfield, J. held that an agreement to accept a portion of the decretal amount to be paid in instalments was an adjustment within the meaning of Order 21 Rule 2 of the Code and if certified as required by law it could be recorded and acted upon, if proved. For the sake of brevity, I would like to refer to the following passage from the commentary of Sir D. F. Mulla on the Code of Civil Procedure, 14th Edition, page 1352, reading as under:--
Moti Lal Banker vs Mahraj Kumar Mahmood Hasan Khan on 9 February, 1968
17. It is of some relevance to refer to the judgment of the Supreme Court in the case of Moti Lal v. Md. Hasan Khan, . In this case, a compromise was arrived at between the judgment-debtor and the decree-holder whereunder the judgment-debtor agreed to pay higher rate of interest in lieu of postponement of the execution of the decree. The High Court of Allahabad held, in the same case when it was before the Full Bench of the High Court , that the decree could not be varied and the provision made in the compromise for enhanced rate of interest was not executable in execution of the same decree. The Hon'ble Supreme Court overruled the Full Bench decision of the High
Court of Allahabad and held that the decree could be compromised by and between the parties and Order 21 Rule 2 and S. 47 of the Code taken together provided a complete code for recognition of compromises relating to execution of decree. It is extremely doubtful, to say the least, as to whether the above referred judgments of the Lahore and Patna High Courts lay down the law correctly. Broadly speaking, a compromise between the judgment-debtor and decree-holder pertaining to the decree can be divided into at least two categories viz.