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october 1989

Supreme Court of India · 1989-10-06

DAMODAR ROPEWAYS & CONSTRUCTION CO. (P) LTD. vs CHRISTOPHER MARTIN DASGRANGES MARTIN & ORS.

Citation / case number
SC 1989/72594
Court
Supreme Court of India
Petitioner
DAMODAR ROPEWAYS & CONSTRUCTION CO. (P) LTD.
Respondent
CHRISTOPHER MARTIN DASGRANGES MARTIN & ORS.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that under Order XXIII, Rule 3 of the Code of Civil Procedure, a court must ensure that the terms of a compromise are in the interest of the Trust before acceptance. In this case, the Court found that the agreement provided for future expansion of the school and was more beneficial than previous offers. The Court permitted the Board of Governors to enter into the compromise with variations, including an escalation clause for ground rent, thereby upholding the agreement.

DAMODAR ROPEWAYS & CONSTRUCTION CO. (P) LTD. vs CHRISTOPHER MARTIN DASGRANGES MARTIN & ORS. · Niyam