Consent terms
KETAN J SHAH
(Querist) 12 March 2013
This query is : Resolved
sir,
Consent terms are tenancy agreements agreed upon in the court of Law.
If these consent terms are violated by either the tenant or the Landlord does it amount to contempt of Court.
Can these consent terms still remain in forceor do they get dismissed.
Please give your valuable opinion
ajay sethi
(Expert) 12 March 2013
are the words undertake mentioned in the consent terms . if so ob violation of consent terms it amountts to contempt of court . necessary to go through consent terms to advise
R.K Nanda
(Expert) 12 March 2013
yes, it amounts to contempt of court.
Devajyoti Barman
(Expert) 13 March 2013
What do you mean by consent terms?
It is always prone to dual interpretation.
prabhakar singh
(Expert) 13 March 2013
Was any decree passed by the court on the basis of those consent terms arrived at between parties.?????
Raj Kumar Makkad
(Expert) 13 March 2013
Consent terms are mutual and not the verdict of the court so the violation of those terms though may provide remedy to the affected party but the same cannot be equated with the contempt of court.
KETAN J SHAH
(Querist) 14 March 2013
Respected Sir's,
The Decree was passed on the consent terms
The words "agree and undertake are mentioned.
Also the words "agreed and understood " are mentioned and I quote:
IT IS AGREED AND UNDERSTOOD THAT THE DEFENDANTS ARE ENTITLED TO CARRYOUT NON STRUCTURAL ADDITIONS AND ALTERATIONS IN THE SUIT PREMISES LIKE FURNITURE,ELECTRIC WIRING, MAKING SHELFS EXCLUDING LAYING OF NEW PIPELINES AND DRAINAGE LINES,ENCROACHING OF COMMON AREAS OF THE PROPERTY AND AFTER SUBMISSION OF THE PLANS TO THE PLAINTIFFS AND OBTAINING NECESSARY PERMISSIONS FROM THE COMPETANT AUTHORITIES.
However the defendants have altered the whole floor sanctioned plan ,laid new pipelines, created new toilet blocks directly on the slabs,encroached the common passage of the property,And all this done without the permission of landlord or any competant authority
Please give your valuable opinion on wether it amounts to contempt of court and can the consent terms get dismissed and can the previous suit be opened
Thanks in advance
Raj Kumar Makkad
(Expert) 18 March 2013
This is clear violation of court verdict so a n application should be moved before the concerned court to direct the opposite party to bring the property in the same position wherein it was existing at the time of the order and he be punished for contemp of court.
prabhakar singh
(Expert) 18 March 2013
Sorry!Breach of consent term here does not amount to contempt of court unless their is a specific clause in the consent/compromised
that on breach of any term by one party,the aggrieved party shall have right to get consent decree executed through the court and there would be no requirement to file any fresh suit.In absence of such a clause such a breach affords only a cause of action
to file a fresh suit.
Raj Kumar Makkad
(Expert) 18 March 2013
If the consent is the base of the decree passed or say the consent terms have become the part of the decree then violation of such terms definitely do come within the ambit of contempt of court and the action of the court is not dependent over the specific course of action to be initiated by court in the same agreement.
KETAN J SHAH
(Querist) 18 March 2013
Respected Sir's
The last para of Decree says " DECREE BE DRAWN IN TERMS OF CONSENT TERMS Ex A WHICH WILL FORM PART OF DECREE."
Please give your valuable opinion
prabhakar singh
(Expert) 18 March 2013
That is okay as it is usual to write so; yet
IT LACKS when it is not specifically mentioned that in case of it's breach by a party,the aggrieved party shall have right to execute the decree itself and there shall be no need of any fresh suit between the parties.
