Showing : 21-30 of 85 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Estoppel - Suit on basis of title - Sought to be defeated by a person that plaintiff allowed the construction to be made - The person who is sought to be barred by principle of estoppel must be found guilty of having made a representation and altered the situation to his disadvantage - Only if..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 115, 114-- Mere acceptance of municipal tax or agricultural tax by a person, cannot stop the State from challenging ownership of the land, as there may not be estoppel against the statute - Nor can such a presumption arise in case of grant of loan by a bank upon it hypothecating the property...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 115-- Estoppel - There can be no estoppel against the law or public policy - No corporate body can be bound by estoppel to do something beyond its powers or to refrain from doing what it is its duty to do - Even an offer or concession made by the public authority can always be withdraw in public..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Evidence Act, 1872, Section 115, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300-- Doctrine of Estoppel and Double Jeopardy - Rule of Estoppel does not prevent trial of any offence but only precludes evidence being led to prove fact in issue as regards which evidence has already been led and specific finding has been recorded at earlier criminal trial - This rule is distinct..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 115-- Street - Sale deed executed by defendant No.1 entitling plaintiff to use the disputed street - Defendant No.1 is estopped from denying the user of the said street by the plaintiff - Doors and windows of house of plaintiff also open towards the said street which depicts that plaintiff is using the..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Evidence Act, 1872, Section 115, Contract Act, 1872, Section 70Estoppel-- waiver - Object and operation of both is to ensure bona fides and to safeguard the transactions - The principles of estoppel is that a party is not to be heard to allege to the contrary - On the other hand, waiver is contractual, and may constitute a cause of action, it is an agreement to release..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
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...........

Showing : 21-30 of 85 Results