Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Decree passed in such a suit would be binding only upon parties to suit and not upon any third party who is not impleaded therein...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Insolvency and Bankruptcy Code, 2016, Section 31 -- Resolution plan - Even if any stakeholder is not a party to proceedings before NCLT and if such stakeholder does not raise his claim before Interim Resolution Professional/Resolution Professional, Resolution Plan as approved by NCLT would still be binding on him...........
Muslim Law -- `Court of Kazi', `Court of (Darul Kaja) Kajiyat', `Sharia Court' etc. by whatever name styled have no recognition in law - Any declaration/decision by such bodies, by whatever name labelled, is not binding on anyone and is unenforceable by resort to any coercive measure - Only way such declaration/decision can withstand scrutiny in the eye of law could be..........
Evidence Act, 1872, Section 17 -- Admissions are strong piece of evidence against the party making it and are generally binding upon the party making it, when same are clear and are not withdrawn or explained...........
Evidence Act, 1872, Section 17 -- Admissions are strong piece of evidence against the party making it and are generally binding upon the party making it, when same are clear and are not withdrawn or explained...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed not binding on plaintiff/purchaser as he was not a consenting party...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Clarification of order passed by Supreme Court -- Application by third party - Law laid down by S.C is binding on all u/art 141 of Constitution, but before applying law, Court where proceedings are pending is required to test applicability of law declared by S.C on basis of facts of a particular case - Applicant cannot be permitted to seek clarification of order of S.C by..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
