Conditional compromise
Conditional compromise legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Husband objected to warrant contending that "once compromise was always a compromise" therefore his warrants should be cancelled
Circumstances demonstrated that decree was not satisfied in letter and spirit, rather parties entered into a compromise on conditional statement of wife i.e. that if husband again deserted her from his house, she reserved the right to re-file execution petition
Judgment-debtor being father of minors and husband of the lady was under legal and moral obligation to maintain them
Judgment and decree was not assailed before appellate court, therefore, it had attained finality and no exception could be taken to that
Executing court could not go beyond the decree
Contention of judgment-debtor that "once compromise was always a compromise" was misconceived and ill-founded because compromise inter se parties was conditional which was revoked by husband/father himself
Constitutional petition was dismissed accordingly.
"Conditional compromise", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959764
Precedents & Case Laws citing "Conditional compromise"
P L D 2019 Lahore 194
RAFAQAT HUSSAIN — Petitioner Versus ASIFA ALTAF and others — Respondents
Court: High Court2017 Y L R 827
WAHEED ANWAR — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents
Court: Lahore2018 C L C 860
MUHAMMAD SHAFI TARAR — Petitioner Versus FEHMIDA YASMIN and others — Respondents
Court: Lahore2023 C L C 756
Rao TALIB ALI KHAN — Petitioner Versus Peer SALEEM-UD-DIN and others — Respondents
Court: Lahore2016 Y L R 2845
GUL MUHAMMAD and another — Petitioners Versus ABDUR RASHID and 2 others — Respondents
Court: Peshawar2015 M L D 196
NOMAN HAFEEZ SHEIKH — Appellant Versus NAJEEB ASHRAF and another — Respondents
Court: Sindh2010 P Cr
BABAR AFZAL — Applicant Versus PRESIDING OFFICER and 2 others — Respondents
Court: KarachiP L D 2006 Karachi 558
GAHI alias GADA HUSSAIN and others — Petitioners Versus SHAMAN and 7 others — Respondents
Court: High CourtP L D 2014 Sindh 374
MUHAMMAD YOUSUF — Petitioner Versus Haji FAIZ MUHAMMAD and others — Respondents
Court: High Court1989 C L C 930
MUHAMMAD SHUJAUDDIN and 3 others‑‑Plaintiffs Versus MUHAMMAD HAROON and 3 others‑‑Defendants
Court: Karachi