Courts will solely intervene in a “consent ordinance” if there are “distinctive circumstances”. [Read Judgement]
What is a consent form?
A consent decree is a settlement contained in a court order. By ruling against the parties, it creates decoupling and thus ends further legal disputes between the parties.
Analysis of the court
It is clear that consent regulations should serve to bring about decoupling through a judgment against the parties, whereby further legal disputes between the parties are ended.
As a result, the Court has ruled that it would be slow to unilaterally interfere with, change, replace or modulate the terms of an assent decree unless this is done with the revised consent of all parties.
However, this formulation is anything but absolute and does not apply as a general rule in all cases.
The Supreme Court in the case of Byram Pestonji Gariwala v Union Bank of India & Ors. Has decided that a decree of consent would not serve as a tying. where the compromise has been compromised by fraud, misrepresentation or errors.
In exercising its inherent powers, the court can also unilaterally rectify a decree of consent suffer from spelling or arithmetic errorsso that it complies with the provisions of the compromise.