Evidence Act, 1872, Section 115 -- Estoppel - Held, principle of estoppel is a rule creating or defeating a right as well as a rule of evidence...........
Transfer of Property Act, 1882, Section 43, Specific Relief Act, 1963, Section 13 -- Feeding the grant by estoppel - Where a party had no right to land in respect of which he executed a document, at the time of its execution, but acquires a right to it subsequently, the document executed by him earlier becomes a valid document and he is bound to honour the said document...........
Evidence Act, 1872, Section 17 -- Admission - Made in the evidence, although not conclusive proof of the facts admitted and may be explained or shown to be wrong, would still raise an estoppel and shift the burden of proof on the person making them or his representative in interest - Unless shown or explained to be wrong, they are efficacious proof of the facts admitted...........
Punjab Wakf Act, 1995, Section 83(9), Evidence Act, 1872, Section 116 -- Estoppel - Defendant-petitioner in his previous suit pleaded that his father and predecessor-i, interest had even executed lease deed of suit land in favour of Punjab Wakf Board i.e. respondent-plaintiff - Plaintiff-respondent is also proved to be owner of suit property by notification proved by it -..........
Transfer of Property Act, 1882, Section 5, Evidence Act, 1872, Section 115 -- Family settlement - Challenge by coparcener - Family agreement between members of family proved by independent witnesses and also admitted by most of members of family - Plaint assertions not contested or contradicted by defendant coparcener by filing any written statement - They have not adduced..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Wife in a fit of rage gave a writing that she intends to take divorce - Held, it is not sufficient to constitute her intent to seek divorce from her husband - Writing in no circumstances can constitute estoppel against wife to contest the claim of husband much less can it be treated as a..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 - - Exchange of land - Challenge to - Doctrine of estoppel - R.12 of 1964 Rules not complied with - Held, exchange would be void ab initio and principle of estoppel will not be attracted against petitioner-Gram Panchayat...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Terms of S.11 of CPC is not strictly applicable in a case where decree was passed in terms of compromise, however, principle of estoppel would still apply...........
Estoppel -- Applicability - Held, principle of promissory estoppel cannot be invoked against statutes and mandates of Constitution...........
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...........
