Compromise - Law Dictionary Search Results
Home Dictionary Name: compromisecompromise
compromise : an agreement resolving differences by mutual concessions esp. to prevent or end a lawsuit vb -mised -mis·ing vt : to resolve or dispose of by a compromise [cases in which a dispute is compromised "E. A. Farnsworth and W. F. Young"] vi : to enter into a compromise ...
Compromise, Settlement
Compromise, Settlement, the expression com-promise means settlement of difference by mutual concessions. It is an agreement reached by adjustment of conflicting or opposing claims by reciprocal modification of demands. As per Terms de la Ley, 'compromise is a mutual promise of two or more parties that are at controversy'. As per Bouvier it is 'an agreement between two or more persons, who, to avoid a law suit, amicably settle their differences, on such terms as they can agree upon'. The word 'compromise' implies some element of accommodation on each side. It is not apt to describe total surrender. A compromise is always bilateral and means mutual adjustment. 'Settlement' is termination of legal proceeding by mutual consent, State of Punjab v. Phulan Rani, (2004) 7 SCC 555 (557): AIR 2004 SC 4105. [Legal Services Authorities Act, 1987, s. 23(3)(5)]...
By any lawful compromise
By any lawful compromise, while recording the compromise under Order XXIII Rule 3 of the Code, it is not necessary for the Court to say in express terms in the order that it was satisfied that the compromise was a lawful one. It will be presumed to have done so unless the contrary is shown, Suleman Noormohamed v. Umarbhai Janubhai, AIR 1978 SC 952 (955). [Civil P.C. (5 of 1908), O. 23, R. 3]...
Compromise
Compromise, an adjustment of claims in dispute by mutual concession; also a mutual promise of two or more parties at difference to refer the ending of their controversy to arbitrators. As to the authority of counsel to compromise an action, see Neale v. Gordon-Lennox, 1902 AC 465; and of solicitor, see Fray v. Voules, (1859) 1 E&E 839; and Macaulay v. Polley, (1897) 2 QB 122.Means settlement of difference by mutual con-cessions, State of Punjab v. Ganpat Raj, (2006) 8 SCC 364.Means settlement of difference by mutual concessions, State of Punjab v. Phulan Rani, (2004) 7 SCC 555.Compromise, between the parties means that there is some element of give and take on both sides, Ram Lakhan Chaudhary v. Haridwar Chaudhary, 2005 (12) SCC 383 [Civil Procedure Code, 1908, O. 23, r. 3]Is always bilateral and means mutual adjustment, Haryana Urban Development Augthority v. S.P. Jain, AIR 2004 SC 4105....
compromise verdict
compromise verdict see verdict ...
Compromiser
One who compromises...
Compromise in writing
Compromise in writing, specific and categorical statements on oath recorded in writing by the court and duly read and accepted to be correct by the person making the statement and signed by him can be said to be writing, Pushpa Devi Bhagat v. Rajinder Singh, AIR 2006 SC 2628 [Civil Procedure Code, 1908, O. 23, r. 3]...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Proved to the satisfaction of the court
Proved to the satisfaction of the court, are com-prehensive enough and indeed seem to have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get full justice in the suit in which a decree in terms of the compromise is to be passed. Where the court finds during the course of the inquiry that the alleged agreement or compromise is vitiated by fraud, misrepresentation, etc., it cannot be said legally that an agreement has been arrived at. The agreement contemplated envisages the two parties coming to certain terms voluntarily and of a free will so as to put an end to the litigation pending between them in the court, C.K. Chandrahas Shetty v. Jayaram Sasani, AIR 1970 Mys 209....
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
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