Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 115 -- Jurisdiction of Civil Court - Estoppel - Suit for possession - Defendants themselves have denied relationship of landlord and tenant - Held, they are estopped to say that civil court has no jurisdiction to try the suit...........
Evidence Act, 1872, Section 115 -- A person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had...........
Evidence Act, 1872, Section 115 -- A party cannot be permitted to 'blow hot and cold', 'fast and loose' or 'approbate and reprobate'...........
Evidence Act, 1872, Section 115 -- Where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order...........
Evidence Act, 1872, Section 115 -- Doctrine of election - It is based on the rule of estoppel - The rule that one cannot approbate and reprobate inheres in it...........
Evidence Act, 1872, Section 115 - - Doctrine of promissory estoppel - Applicability - Conduct of defendants-respondents shows that there was a permission to allot the land and possession according to that was given - There is no allotment in writing but conduct of respondents on the basis of various correspondence and acceptance of proposal of allotment shows that it was..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Evidence Act, 1872, Section 115 -- Approbate and reprobate - The doctrine of election is based on the rule of estoppel- the principle that one cannot approbate and reprobate inheres in it - The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity - By that law, a person may be precluded by his..........
Evidence Act, 1872, Section 115, Air Craft Act, 1934, Section 5A -- Petitioner raising challenge against circular issued by Director General Civil Aviation placing Civil Aviation Requirement (CAR) in abeyance - Some of petitioners earlier impugned validity of legality of CAR, but had withdrawn petition without seeking leave to file afresh - Held, conduct of petitioner..........
Evidence Act, 1872, Section 115 -- Estoppel - Applicability - Appellant simply alleged in written statement that partition was carried merely on papers - Warrant of ejectment was never executed at the spot and application for partition was allowed without following proper procedure and law governing partition - Fact that partition proceedings took place and appellant was..........
