Evidence Act, 1872, Section 115 -- Waiver and estoppel - Principle of waiver is akin to principle of estoppel - But difference between the two lies in the fact that while estoppel is rule of evidence and not cause of action and waiver may constitute cause of action...........
Evidence Act, 1872, Section 115 -- Estoppel - Question of share is a question of law and there is no estoppel against the statue...........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiffs and their mother relinquished their right over properties of deceased by executing release deed - Said release deed is binding upon them - Thus, plaintiffs and their mother is estopped from contending that release deed was not binding upon them...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
Evidence Act, 1872, Section 115 -- Estoppel - Cannot be laid against Government in exercise of its legislative, sovereign or executive powers...........
Evidence Act, 1872, Section 115 -- Doctrine of election - Would not apply where two claims are not inconsistent and circumstances do not show an intention to abandon one of them...........
Evidence Act, 1872, Section 115 -- Doctrine of estoppel - Earlier writ petition challenging selection process to the post of Principals were filed before interview commenced - Said writ petitions were withdrawn without any reservation and without asking for any liberty to raise a challenge at a later point of time - Subsequent writ petition challenging select list after..........
Evidence Act, 1872, Section 115 -- Plea of estoppel - No estoppel against provisions of Transfer of Property Act, 1882 and Registration Act, 1908 which provide for conveyance of title only through registered document...........
Evidence Act, 1872, Section 115 -- Estoppel - Approbate and reprobate - Defendant raised an objection in earlier suit as to jurisdiction of civil Court and that suit could be tried only by Small Causes Court - When plaintiff filed suit before Small Causes Court, defendant took the stand that subsequent suit was barred U.O.2.R.2 CPC - Having raised the objection as to..........
Evidence Act, 1872, Section 115 -- Estoppel - Principle of estoppel operates against the party and not the Court...........
