Civil Procedure Code, 1908, Section 115, Order 21, Rule 99, 100, 101 -- Objections for specific performance and possession - Petitioner took plea that she was a tenant who had come into possession prior to litigation - After examining the documents place on record it is concluded that documents pertained to period subsequent to litigation - In execution proceedings issues..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Applicability of - In instant case due to deliberate laches, negligence and inaction on part of respondent, they have disentitled themselves to benefit of earlier adjudication - Therefore, belated claim of respondents on basis of doctrine of promissory estoppel cannot be entertained...........
Evidence Act, 1872, Section 115 -- Estoppel - Industrial dispute as to voluntary retirement of employees - Dispute raised by respondent union is neither patently frivolous nor it is a belated claim - Contention of appellant that workmen are barred from raising industrial dispute on the ground of estoppel is not tenable, as estoppel is a principal of equity which deals with..........
Evidence Act, 1872, Section 115, Specific Relief Act, 1963, Section 35 -- Estoppel - Representative in interest of the person who made a declaration, act or omission, intentionally permitting another person to act upon such representation, the representative of such person is precluded to dispute the truth of such statement - Decree passed in declaration suit binds..........
Evidence Act, 1872, Section 115 -- Estoppel - Principle of estoppel is a rule of evidence whereas the doctrine of res judicata is a rule of procedure - Where a judicial decision has been pronounced by a judicial tribunal of competent jurisdiction over the parties to the subject matter of litigation, any party or privy to such litigation as against any other party or privy..........
Civil Procedure Code, 1908, Section 115 -- Revision - Condonation of delay by First Appellate Court - If order allowing application for condonation of delay is set aside, proceedings before lower appellate Court would stand finally disposed of - Revision, held, maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - To satisfy the regularity, correctness, legality or propriety of impugned decision, High court shall not exercise its power as an appellate power to reappreciate or reassess the evidence for coming to a different finding on facts - Revisional power is not and cannot be equated with power of reconsideration of all..........
Evidence Act, 1872, Section 115, 116 -- Doctrine of estoppel, election and waiver - Distinction - Estoppel is based on representation or conduct - While election is based on principle of conscious choice from inconsistent right - Waiver is not a precise term of an art and is sometimes considered as effect of election and usually used in a wider sense as a deliberate..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
